This Trial and Verdict were records that were copied from the basement of the Old Court House. I transcribed them myself. This is a part of history and always will be. There is always some good and bad things in our family histories if you just look long enough. Theses records are public records. I posted them on Jul 17, 2001. Thank you, Sandy |
Louis Crowley Trial Transcript
Testimony taken at a Preliminary Examination before J.W. Thompson, J.P. for Clarke Township, at the Court House in Paragould on May 22, 1911 in a case in which the State of Arkansas is Plaintiff and Louis Crowley is Defendant on Charge of Murder in the 1st Degree.
Appearances for the State: Jeff Bratton, Deputy Prosecuting Attorney N.F. Lamb and S.R. Simpson
For Defense: B.H. Crowley and J.D. Block
Dr. Olive Wilson being duly sworn in behalf of the State testified as follows:
Q. Your name is Dr. Olive Wilson?
A. Yes.
Q. Where do you live?
A. On W. Emerson in the city of Paragould.
Q. In regard to the Post Office in Paragould, where do you live?
A. Just across from it.
Q. Louis Crowley, Defendant in this case, is charged with murder.
It is alleged that on the morning of May 14th of this year he
shot and killed George Smith at our near Post Office door in
Paragould. It is claimed by the State that this was done about
three o'clock in the morning. If you know anything about the
killing of George Smith, I wish you would begin at the beginning
of the matter and tell Judge Thompson just what you heard and
know.
A. I was awakened by a loud report. I jumped out of bed and ran
to the front window and saw nothing. I ran down stairs and
looked out then went up again and as I got up stairs I heard
some one crying and screaming out, "Jack, let me in I am shot
let me in, Jack, I am shot, Jack, let me in." I knew something
dreadful had happened. I ran down stairs againand started to
the front door, then ran almost to the front gate and they said
a man was shot in the Post Office. I ran up stairs and dressed
and ran across the street. They let me into the back part of
the Post Office and this man was laying on the flor.
Q. Which man?
A. George Smith.
Here Miss Lee Harris continued taking the testimony and the balance
thereof was taken by Miss Willie Smith.
Doctor Olive Wilson testified as follows:
By Mr. Simpson
Q. Doctor, tell the court whether or not after you got over to the
post office George Smith said anything about dying or whether
or not he would survive the shot and wound. You may tell what
he said or in substance what was said about whether he believed
or thought he would die from the effects of the wound.
A. He asked me if I thought his bowels had been shot. I said, "It
looks like it." He said, "If they are I will die."
Q. After he made that statement, tell the court whether or not he
made any other statement about whether or not he would survive
the wound. That is, did he make any voluntary statement as to
whether he would die?
A. I don't remember.
Q. Don't remember anything else he said?
A. No, Sir.
Q. Tell the court how he said he came to be shot?
A. He said that he was coming along the street and the man he had
mentioned, Louis Crowley, kept walking along and stopping and
walking a little further and stopping and that he kept following.
Then he lost sight of him and when he had gotten in front of the
post office door, this man jumped out from behind the post office
at the side of the post office and when he saw him raise a gun
he jumped to one side. He said he fired and shot him.
Q. Where, if stated, did he say he first saw Crowley just before
the shooting?
A. I did not hear him say.
Q. Tell the court what distance there was he said between him and
Crowley when Crowley shot him?
A. He said the man had been right on him nearly. I guess about
ten feet.
Q. About ten feet. Tell the court if he was asked directly and
possitively if he knew who shot him?
A. I said, "Who done it?" He said, "Louis Crowley, I saw him."
Q. Tell the court whether or not he stated whether he recognized
Crowley at the time he was following him and before he was shot?
A. I did not hear him say.
Q. Tell the court whether or not he stated whether he was doing or
attempting to do any harm to Crowley when Crowley shot him?
A. Did not say.
Q. What time of the day or night was this shooting done?
A. After they had taken him away from the post office, I came in to
finish dressing in my own house and I looked at the clock and it
was twenty minutes to four.
Q. In your judgement, Doctor, how long was that after the gun shot
had been fired?
A. Fifteen or twenty minutes.
Q. How many shots were fired, Doctor?
A. It sounded to me like one with two notes.
Q. If I understand you by that expression, you mean two shots
almost together.
A. Yes, sir, with two different sounds.
Q. Tell the court whether or not there was a difference in the sound
of the two guns, as to whether one was large and the other small.
A. It sounded like "Boom" "Crack".
Q. How far apart?
A. It sounded like it was almost together with the "Boom" first
and the "Crack" last.
Q. I take it Doctor that you did not serve in the war and are
not altogether familiar with firearms, but do you know the
difference in the sound in a gun and a revolver?
A. No, sir.
Q. As a physican did you come to the Sanatarium or go anywhere
and dress or assit in dressing the wound of George Smith?
A. I did, it was done at the Sanatarium.
Q. I wish you would name the other Doctors who assisted
in the operation?
A. Dr. Paul Dickson, Dr. W.R. Owens and Dr. E.S. Baker.
Q. What time was he operated on?
A. It was twenty minutes to five when I begin giving the anaesthetic
and the operation followed at once.
Q. Where was he shot, Dr. Wilson?
A. In the right side of the abdomen.
Q. Will ask you if it is true or not that the shot struck him where
the watch pocket in a man's trousers are or not?
A. Yes, sir, in about that region.
Q. Did you see any of the shot that was taken out of his body?
A. Yes, sir.
Q. Were they large or small, Doctor, if you know?
A. They were small.
Q. Tell the court whether the shot penetrated deep into him. That
is, did they go into his backbone or did they stop in his intestines?
A. I know some of them stopped in his intestines. I gave the anaes-
thetic and I do not know. I saw the bowel and it was perforated.
Q. That shooting took place on last Sunday morning a week ago and
in the city of Paragould, Greene County, Arkansas, did it not?
A. Yes, sir.
Q. Tell the court whether or not George Smith is living or dead.
A. Dead.
Q. You may tell the court whether or not he died from the effects
of the gun would.
A. He did.
Q. Dr. Wilson, tell the court whether or not there are any shade
trees or other obstructions at the post office that would be prevent
the man shooting from being plain and objects easily seen at the
hour of this shooting?
A. There is none.
Q. Was it clear or cloudy?
A. Clear.
Q. Tell the court how high, as best as you know, the moon was shining
at the time of the shootong.
A. I saw the man coming for me about one-half the way across the
street. I recognized that he had on a cap, a cap like goes with
a uniform. He was a tall slender man and wore a cap.
Q. How far is it from your house to the front gate?
A. It must be 30 feet.
Q. And I believe the street is 60 feet.
A. Yes, sir.
Q. So you were looking at this man some 30 or 60 feet?
A. Yes, sir about that.
Q. So you were looking at this man some 50 or 60 feet?
A. Yes, Sir about that.
Q. Tell the court whether or not at the time of the shooting one
coud have recognized a man 60 feet away at the place of this
shooting, in your judgement I mean?
A. I believe they could.
Q. Tell the court what the chances would have been for one well
acquainted with another to have known him at 10 to 15 feet?
A. I am sure they could.
Q. Whereabouts in the heavens was the moon?
A. Just about where the sun would be not far from noon.
(HERE MR. BLOCK MOVES TO EXCLUDE ALL OF THE TESTIMONY
WHICH WITNESS HAS DETAILED WITH REFERENCE TO CONVERSATION
HAD WITH THE DECEASED AND WITH OTHER PARTIES MENTIONED IN
HER TESTIMONY, AND ALSO TO EXCLUDE ALL OF HER TESTIMONY AS
BEING LEADING.)
CROSS EXAMINATION
BY MR. BLOCK:
Q. Dr. from the time you heard the report and loud noise until
you got into the post office and where you say the wounded man
was, what in your judgement was the length of time intervening?
A. I don't think it could have been over 5 or 6 minutes.
HERE MR. ALBERT BAINE WAS CALLED AND TESIFIED AS FOLLOWS:
BY MR. SIMPSON:
Q. Your name is Albert Blaine?
A. Yes, Sir.
Q. Where do you live?
A. In the city of Paragould, Arkansas.
Q. How long have you been a citizen of this county?
A. Nearly ten years.
Q. What is your present business?
A. Post Office Clerk.
Q. Where were you last Sunday night a week ago at the time
George Smith was shot near the Post Office?
A. I was in the work room of the Post Office.
Q. That means you were over behind the bars as far as we are
concerned, don't it?
A. Yes, Sir.
Q. If you know, you may tell the court when he was shot as nearly
as you can.
A. About 3:30 in the morning.
Q. Were you alone in the Post Office or were you with someone else?
A. I was alone.
Q. Tell the court what report or reports of fire arms there was at
the time of his being shot.
A. I heard one very loud report.
Q. Was that all?
A. Never heard but one.
Q. Tell the court wheather or not there was one single fire or
a double or prolonged fire, if you detected any such distinction?
A. I did not detect any such distinction. It was rather a loud noise.
Q. Are you familiar with fire arms in this country and the sound of them?
A. Yes, Sir, I have heard a great many reports.
Q. What kind of gun was it that fired that time, in your judgement?
A. I think it was to loud for any kind of a gun I ever heard unless it
was a shotgun.
Q. Do you know who fired the gun?
A. No, Sir.
Q. Where was it fired?
A. It sounded to me like it was in the front part of the Post Office,
or a little to the corner and not directly in front. It sounded like
it was to the northwest corner.
Q. How soon was it after the gun fired before you heard anybody
make any noise out in that part of the building?
A. It did not seem to me like more than an instant.
Q. What did you hear?
A. The first thing I heard was a loud yell.
Q. What were the first words you heard?
A. The first words that I heard, as well as I remember now, were,
"Let me in."
Q. Was it calling any particular person?
A. I think he mentioned Jack's name. He did not probably in his
first asking to get in, but during the time he mentions his name.
Q. Tell the court who has been working for months at the Paragould
Post Office at nights before this.
A. Jack Crawford has been working nights and so have I a part of the
night.
Q. Tell the court if you ascertained who it was that was hollowing.
A. Not until I looked to see who it was.
Q. ho was it?
A. George Smith.
Q. What business was he then and for some days prior thereto
engaged in?
A. He was policeman in the city of Paragould.
Q. Where did you first see George Smith?
A. He was on his knees just at the interior door of the Post Office.
Q. If I understand you, he had gotten in at the building door and
had gone away back down to the door that lets one behind the bars?
A. Yes, Sir.
Q. Did you let him in behind the bars?
A. After I saw who it was I did.
Q. Tell the court wheather or not you investigated who he was before
you would let him in?
A. Yes, Sir. I investigated who it was before I let him in.
Q. You thought someone was trying to rob the Post Office maybe?
A. I did not know just what kind of a fray was taking place outside
and I have a responsible place and it is not my business to let
everyone in that wants in. I thought maybe someone was trying
to rob the Post Office.
Q. Tell the court after you had let George Smith in if he had made
any statement to you or in your presence about wheather or not
he thought he would die from the effects from the wound?
A. Yes, Sir. I heard him state that.
Q. What did he say?
A. Before I let him in he told me who he was. He told me his name
but I was not aquainted with his voice enough to know it was
his voice. He stated who he was and what had happened to him
before I opened the door and I also heard him state it after I
opened the door.
Q. What did he state?
A. That Louis Crowley had shot him.
Q. With what, if anything, did he say?
A. With a double barrelled shotgun, and after I had let him in he
showed me the wound in the lower part of the right side of the
abdomen and said that he had been shot and for me to call
a doctor. I asked what doctor he wanted and he said call Doctor
Wilson as she was the nearest by.
Q. What, if anything, did he say about say about being killed
or wheather the wound would be fatal?
A. Well, after he asked me to call the Doctor, I went out of the
Post Office and called for Doctor Wilson and after calling her
and finding that she was awake and would come over. I went
immeadiately back, and as I got back I think it was Henry
Langley who proceeded me in the door and as I opened the
middle door, Langley and I went in about the same time.
Anyway we went in about the same time and in the same
door. I could not say how long after that, but just a few
instances, however, until Mr. W.C. Thomas came in. Mr.
came and bent himself over Mr. Smith and Mr. Smith stated
to him about the same thing he had stated to me before
Thomas entered and he said he was killed. Thomas tried
to pacificy the man by telling the man that he was not
dying and that he might revive or recover, or something
to that effect, and Smith affirmed that he had a fatal shot
and told him who did it.
Q. Tell the court what statement, if any, were made by George
Smith as to who shot him and the circumstances of the
shooting after he had stated that he was fatally wounded
and would die.
A. It was only a few minutes until Mr. J. Harry McPherson
came in and Mr. McPherson asked him how it happened
and he went more in details in telling him who did it
and of the incident that he had made previously. In fact,
I had asked him no questions as I was busy trying to get
his relief and waiting on the wounded man. If I remember
right, he told Mr. McPherson that he was coming up Emerson
street and that Mr. Crowley was ahead of him and he noticed
him look back over his shoulder and as he got up near the
Post Office he lost sight of the man, and as he, Smith, got
even with the front door of the Post Office he started
into the Post Office and Louis Crowley turned around from
the corner of the Post Office with a double barrelled shotgun
and shot him in the place he indicated.
Q. Tell the court wheather or not he stated that he recognized
the man as being Louis Crowley before the instant he shot
him.
A. I did not hear him say that he recognized him until the instant
he turned around with the gun and he said he saw him face to
face. I did not hear him say whether he recognized him before
or not.
Q. Tell the court whether or not he stated that this man had a gun
or if he saw him with a gun as he came up the street, or that the
first time he saw him with a gun was the instant he shot him?
A. Did not hear him say.
Q. Who did he say shot him?
A. Said Louis Crowley shot him.
Q. Did he state how he knew it was Louis Crowley?
A. Said he saw him face to face. I heard him repeat that statement
at the time he was laying in the Post Office.
Q. Tell the court what distance there was between him and Louis
Crowley at the time he was shot.
A I don't remember whether I noticed him saying the distance he
was away from him or not.
Q. Tell the court if he said where Louis Crowley was when he fired
the shot.
A. He said just about the corner of the Post Office.
Q. You may tell the court whether or not the moon was shinning at
the time the shooting took place.
A. Yes, sir, I think it was.
Q. Tell the court whether or not one could have distinguished objects
and persons out in the open street at the place where this shooting
took place?
A. I think I could have recognized a man that I know.
Q. How far?
A. Well, that would depend upon how well I know the man.
Q. Take it that it was a man you knew well, how far could you have
recognized him with certainty?
A. I think I could be certain in recognizing a man clear across the street,
a man I knew well.
Q. Do you recall what position in the heavens the moon occupied at that hour?
A. That was a little bit difficult for me to say.
Q. You do know that it was shinning brightly at the time?
A. Yes, sir.
Q. Was it high up or low?
A. Reasonably high.
Q. Was it a full moon?
A. Between the full moon and the last quarter.
Q. Tell the court whether or not there are shade trees or obstructions at
the Post Office where the shooting took place that would cast shadows
and obstruct one's view at the scene of this killing?
A. No, sir.
Q. You are not related to any of the parties connected with this law suit,
the deceased or the defendant?
A. No, sir.
Q. You have no interest?
A. No, sir.
Q. Had you been on the street within the last hour or two hours before
the shooting?
A. Had not.
(HERE MR. BLOCK MOVES TO EXCLUDE ALL OF THE TESTIMONY
WHICH WITNESS HAS DETAILED WITH REFERENCE TO CONVERSATION
HAD WITH THE DECEASED AND WITH OTHER PARTIES MENTIONED IN
HIS TESTIMONY, AND ALSO TO EXCLUDE ALL OF HER TESTIMONY AS
BEING LEADING.)
R. J. Tucker being duly sworn testified as follows:
BY MR. SIMPSON :
Q. Your name is R. J. Tucker?
A. Yes, sir.
Q. You have lived in the city a number of years?
A. Yes, sir.
Q. About how many?
A. About 19 years.
Q. At the present time and for the last few weeks what has been your
occupation ?
A. Policeman in the City of Paragould, Arkansas.
Q. Where were you on last Sunday morning a week ago at the time
George Smith was shot in front of the Post Office?
A. Up in my room asleep.
Q. How soon after the shooting did you come?
A. Just as soon as Mr. Mayo could come around and wake me up and I
could get there.
Q. Did you hear the shot?
A. No, Sir.
Q. When you got there where was George Smith?
A. He was in the back part of the Post Office behind the bars.
Q. If you heard him make any atatement with regard to whether he
believed he would die or not or whether the wound he recieved would
be fatal, please tell what he said.
A. When I walked in he told me Louis Crowley had shot him. He said
that it was going to kill him.
Q. Now after he said that it was going to kill him, you may tell the court
what, if anything, he said about who shot him.
A. I asked him the question where he was at. He said that he was in front
of the Post Office. I asked him if he seen the gun. He said he did not
see the gun until he raised it up. He stated to me that he was not over
12 or 15 feet from him. He asked me to look at his side and tell me what
I thought about it where he was shot. I did so. He said, "It is going to
kill me." I said, "No I don't think it will?"
Q. If he stated where he first saw the man that shot him, you may state that.
A. He did not tell me which direction he was in when Crowley shot him. He
did not tell me that. He said, " When he raised the gun I se it and turned
my side."
Q. Tell the court if he told you or you asked who shot him.
A. He told me who shot him. I did not ak.
Q. Who shot him?
A. Louis Crowley.
Q. Tell the court whether or not he made any statement about what he himself
was doing with reference to harming or doing anything to Louis Crowley
when he shot him?
A. He never told me anything about it.
Q. If you know anything about the state of feeling between Louise Crowley and
George Smith in the last few months before George Smith was killed, you
may state it.
A. I never heard Crowley say anything and I never heard George say anything
but once.
Q. If you know anything by general reputation or hearsay of any trouble
between them, you may state it.
A. I have heard it.
Q. What did you hear was the feeling good or bad between them?
A. Some of it was good and some of it was bad.
Q. If you know whether or not both George Smith and Louis Crowley had
served on the police force some months past under John R. Thompson,
Mayor, and that either one of them or both of them were relieved or
discharged, you may state that, by hearsay or otherwise.
A. I know both of them served but, I don't know whether at the same time
or not.
Q. Do you know whether or not either one or both were discharged?
A. Do not know.
Q. Tell the court whether or not Louis Crowley was arrested in this city
the night of the shooting?
(OBJECTED TO BY MR. BLOCK)
A. Yes, Sir.
Q. By whom was he arrested?
(OBJECTED TO BY MR. BLOCK)
A. I do not know only what I was told.
Q. Were you present?
A. No, Sir.
Q. Were you present at any time while he was in the custody of any officer?
A. No, Sir, I was mistaken.
Q. Tell the court whether or not you saw Louis Crowley on the streets of
Paragould at any time between 12 o'clock that night and the time of the
shooting?
A. Yes, Sir,
Q. Where did you see him and when?
A. Somewhere between the front of Baugh's barber shop and the pool room.
Q. You mean by that, Mr. Tucker, that he was down somewhere in front
of the Meriwether Hwd, Co. across the street?
A. A little down below that. May have been down front of the buggy shed.
Q. When did you see him there?
A. It was not more than four minutes after twelve. I saw him there a little
earlier. That was about the time I saw him leave there.
Q. When you saw him leave there, which way did he go?
A. Came up the street North.
Q. Did you see him any more after that before the shooting?
A. No, Sir.
(HERE MR. BLOCK MOVES TO EXCLUDE ALL OF THE TESTIMONY
WHICH WITNESS HAS DETAILED WITH REFERENCE TO CONVERSATION
HAD WITH THE DECEASED AND WITH OTHER PARTIES MENTIONED IN
HER TESTIMONY, AND ALSO TO EXCLUDE ALL OF HER TESTIMONY AS
BEING LEADING.)
CROSS EXAMINATION
Q. You said you heard George Smith say something about the defendant?
What did you hear him say?
A. He another party were talking and she made the remark that Louis
was taking consumption and asked him what he thought about it. He
said, "I donn't know but he looks bad." And he said "If he has I feel
sorry for him. He has a big family."
Q. When George told you that he was shot and would die and you told
him that he would not, what did he say to you then?
A. He said, "Yes, I think I will." He said, "If I am shot on the inside I
know I will die." He talked a right smart to different ones coming in.
Q. Did you visit him after he was carried to the Sanatarium?
A. No, Sir I never got in to see him. They let me in once.
Q. Did you talk to him then?
A. No, Sir.
R.F. Clark, being duly sworn, testifies as follows:
BY MR. SIMPSON:
Q. Your name is R.F. Clark?
A. Yes, Sir.
Q. Born and lived all your life in Greene County, Arkansas?
A. Lived here nearly all of my life, was not born here.
Q. You hold an official position in this town?
A. I am Constable for Clark Township and Deputy Sheriff for this county.
Q. Tell the court whether or not you were sent for or awakened in
any way on the morning that George Smith was shot?
A. I was phoned for.
Q. Where did you go?
A. I come from home up to the Post Office and from there I went to
the Sanatarium. There I found out who George said had shot
him. He was then being laid on the table to be operated on. Jack
Pierce was standing there and I said we had better go and find
Louis Crowley. We came down and we went to where I thought
he lived, but I was mistaken as he had moved. We then went to
where he did live.
Q. Where did he live?
A. He lived out here west of the ball park and a little north.
Q. Tell the court if you went to his home and arrested him?
A. Yes, Sir.
Q. At what hour?
A. It was between three and four o'clock. I don't remember
just what time.
Q. Was it yet daylight?
A. It was getting daylight.
Q. Tell the court if any other person went with you to make
the arrest.
A. Jack Pierce.
Q. What, if any, official position does he hold?
A. Cheif of Police of Paragould, Arkansas.
Q. Where did you find the defendant?
A. He was in bed.
Q. Was he undressed?
A. Yes, Sir.
Q. Tell the court if you informed him what you were arresting him for.
A. Yes, Sir.
Q. If he made any statement, you may tell the court what he said.
A. I told him that George Smith claimed that he had shot him. I said,
"Of course you know you will have to go to town with me." Louis
said, "Of course I will go." He said furhter, " I did not shot him.
I came home about 12 o'clock and have been here ever since."
Q. Tell the court if you have had charge of the jail in this county?
A. Yes, Sir, some. Supposed to be, but I do not live there.
Q. I believe Mr. Lawson keeps the jail and is Sheriff of this county
and is temporarily absent from the town and I believe you have
been looking afternthe jail in his absence?
A. Yes, Sir.
Q. Have you heard the defendant state at any time since making
the arrest whether or not he went home about midnight and
remained there until you arrested him?
A. No, Sir, he never said anything to me about it, I went back after
George died. They phoned me that George was dying and wanted
me to get Crowley, that he had made bond and had been released,
and when I went down there then, Crowley said, "If I had known
that he had been that bad, I would have come right on up and would
not have left if I had been under any bond."
Q. Tell the court what condition the defendant was in when you arrested
him the first time with reference to what he looked like he had been
doing, whether he had been in bed or not for a reasonable time or
had been on a run.
A. Well, his face looked tolerably red. Looked like he had been drinking
the night before. His face looked red but I could not tell whether it was
from whiskey or from being hot. I knocked twice before he answered me.
Q. Tell the court whether he looked as if he had been asleep?
A. Yes, Sir, his face looked like he had been asleep.
CROSS EXAMINATION
BY MR. BLOCK:
Q. Did you make any search around his premises at that time and
afterwards to find any gun or other weapon in his house?
A. Yes, Sir, I searched his house. I said, "Louis, I want to search for a
gun and it is as much for your protection as that of the state." He said,
"Certainly," and we looked good everywhere. I searched until I was
satisfied there was none in the house. And then I went back and
searched from here down there.
H. G. Langley being duly sworn testified as follows:
BY MR. SIMPSON:
Q. Your name is Henry Langley?
A. Yes, Sir.
Q. Where do you live?
A. Here in Paragould.
Q. How long have you ben a citizen of Greene County, Arkansas?
A. About 30 years.
Q. Where were you last Sunday morning a week ago at the time
George Smith was shot in front of the Post Office in this city?
A. In the Elk Cafe.
Q. That is the first building south of Stancil Hotel?
A. Yes, Sir.
Q. Do you know Louis Crowley, the defendant in this case?
A. Yes, Sir.
Q. Tell the court whether you know him well or not, that is,
are you intimately acquainted with him?
A. Yes, Sir.
Q. How long have you known him?
A. About 12 or 15 years.
Q. If you saw him that night before George Smith was shot, you
may tell the court where it was and how long it was before
George Smith was shot.
A. I met him right there on the corner of the Globe Drug Store,
I suppose something like 10 minutes befire the shooting
took place.
Q. In what direction were you going?
A. I was going east at that time.
Q. In what direction was he going, if he was moving?
A. He was coming west when I met him, but I do not know
which way he went after that.
Q. If you spoke to him or had any conversation with him, you
may tell the court what was said and what transpired.
A. I met him and he helloed to me. He asked me what I was
doing up at that time of the night. I told him and then I
asked him the same question, but I don't remember just
what he said. He said, " Henry, I have got a drink of
whiskey here," and I told him much obliged that I was
going on home and did not believe I wanted it. He
insisted that I take it and pulled a pint bottle out and
handed it to me. I drank the whiskey and handed him
back the bottle.
Q. How long did you stand where he was?
A. Well, that was the words that were passed and we both
moved on then.
Q. How close were you to him?
A. Right at him.
Q. Tell the court whether or not the moon was shinning
where you and he were?
A. It was light there for he held the bottle up and told me
there was but alittle bit and said, " Take it and kill it. "
Q. Tell the court whether or not you could have been
mistaken as to who he was?
A. It was hardly possible.
Q. Tell the court whether he was under the influence of
liquor?
A. Did not have the appearance of being under it at all.
Q. From where did you go before the gun was fired?
A. I crossed the street right across on the corner to the
Stancil House and from there right on down in front
of the City Hotel and said a few words with a fellow
and walked right in the Elk Cafe and was there when
the gun fired.
Q. And you think it was not more than 10 minutes from
the time you saw him and the time the gun fired?
A. It seemed to me to be about that
Q. When you saw Louis Crowley on the corner by the Knox
& Woodburn store how was he dressed with reference to
having on a coat or not?
A. I really do not believe he had on a coat, but I could not say
about that.
Q. Where did he have his bottle?
A. Had it in his hip pocket.
Q. Did he have a gun, and when I say a gun I don't mean a
pistol, I mean a gun?
A. If he did, I did not see it.
Q. Do you know what direction he went when he left that
corner?
A. No, Sir, I do not.
Q. Did you see anyone else on the streets that night at that
time?
A. Well, not at that time. There was a young fellow came
down the street just ahead of me and he was going
down the street.
Q. Did he pass where you and Crowley were?
A. He was ahead of me.
Q. Do you know the fellow?
A. I believe they say his name is Grant.
(HERE S. A. GRANT WAS CALLED IN TO THE COURT ROOM)
Q. State to the court if that is the man you said had just gone
down the street?
A. Yes, Sir he had gone down just ahead of me.
Q. If you know, you may state where Mr. Grant was by the time
you come to the corner of K nox & Woodburn store.
A. I could not say just where he was.
Q. About how far in front of you was he if he just walked at an
ordinary gait?
A. Some 60 or 70 feet.
CROSS EXAMINATION
BY MR. BLOCK:
Q. From the Post Office building, the Knox & Woodburn store
building is on the opposite side of the street, is it not?
A. Yes, Sir.
Q. Were you traveling east on the north side of Emerson street
and Crowley was traveling west on the same side of the
street?
A. Yes, Sir.
Q. And you walked from where you met him at that building
to the City Hotel and engaged in conversation with some
person whom you spoke about?
A. Yes, Sir.
Q. Then you turned and came back north to the Elk Cafe?
A. Yes, Sir.
Q. Did you meet George Smith anywhere along there?
A. Well, I met him as I came down first before I got to the
City Hotel. I met him in front of H. & K.
Q. Where did he say he was going?
A. Said he was going to the Stancil House.
Q. To do what?
A. To ask about some arye bread. He said he could not get
it at the Elk Cafe and that he was going to the Stancil
to see if they had any left over.
Q. You were in the Elk Cafe at the time you heard the
gun fired?
A. Yes, Sir.
Q. Were you sitting down or talking to someone?
A. Sitting down.
Q. When you came up the street how long was it after the
firing or shooting of the gun as you heard it?
A. Right away as soon as I could get there. I stopped in
front of the Stancil until I could find out where it was.
Q. Then you went west to the Post Office?
A. Yes, Sir.
Q. Where was George Smith at the time?
A. When I got there he was inside of the Post Office.
Q. You mean he was behind the bars?
A. Yes, Sir.
Q. Did he have a gun?
A. His gun was laying down beside of him.
Q. Did you help move him to the Sanatarium?
A. No, Sir.
Q. Did he make any statement while you were there?
A. As soon as I went in he recognized me and said,
" Henry, Louis Crowley has shot me with a double
barrelled shot gun."
Q. What else did he say?
A. Well I started to raise him up and he repeated
it again and he asked me to lay him back down and
I went to get a doctor.
Q. Any doctor there when you got there?
A. No, Sir.
Q. Did you get a doctor?
A. Well, No.
Q. Did you go back?
A. No, Sir.
Q. Did you ever see him after that?
A. Saw him when they brought him up to the Sanatarium.
Q. Did you help carry him there?
A. No, Sir.
Q. Did you go to the Sanatarium?
A. I went to the Sanatarium to get a doctor.
Q. Did you go up in the room in the Sanatarium with him?
A. Yes, Sir.