Mr. Shelley A. Neal, Sworn.
Q. [By Mr. Williams.] What is your name?
A. Shelley A. Neal.
Q. Where do you live, Mr. Neal?
A. Braintree.
Q. What is your occupation?
A. Agent, American Railway Express Company, and tax collector of the town of Braintree.
Q. Were you agent for the American Railway Express Company on April 15th of last year?
A. Yes.
Q. How long at that time had you occupied that position?
A. 14 years.
Q. Do you recall the day, April 15th?
A. Yes, sir.
Q. That was the day of the shooting in South Braintree, wasn't it?
A. Yes.
Q. And that morning, as local agent for the American Express, did you receive any package or parcel or bundle or safe with money from Boston?
A. Yes, sir.
Q. In what sort of a receptacle did the money which you received from Boston that day arrive?
A. In an iron box about 12 inches high, 18 inches wide and 2 feet long.
Q. What time did it arrive in Braintree?
A. The train is due I believe at 9.18, but that was usually late. I should say about 9.25.
Q. Where did you receive the safe that morning, or the box?
A. Out of the baggage ear door of the train.
Q. You say, so far as you can judge, it was about 9.25?
A. 9.25, as far as I could judge.
Q. Did you receive it over at the South Braintree station?
A. Yes.
Q. When you received it, where did you go with it, if anywhere?
A. The driver that is with me took one end of the box, I took the other. We put it in our express wagon, which was backed right up as near that platform as we could get. After pushing it in near our front seat, we both got on the seat of the wagon and started for the office.
Q. Where was your office at that time?
A. Well, diagonally across from the station, the lower story of the building occupied by Slater & Morrill nearest the Pearl Street side.
Q. Showing you Exhibit 4, will you tell the jury if the place of your office is shown on that picture, and if so, where it is?
A. Right in this corner of the building [indicating].
Q. And for the purposes of the record, you are pointing to the corner of the Slater & Morrill building No. 1 nearest to Pearl Street?
A. Yes.
Q. When you got over by your office, what did you do?
A. Backed the team up in front of the door, took out the safe, took it into my office, broke the seal on it, took the key that we have that comes in a sealed package, opened the safe and took Slater & Morrill's payroll out.
Q. What did you do then?
A. I locked the safe up, leaving the other payroll in there, then came out the door. Do you want the story just as it is?
Q. I am just asking you what you did, at the present time.
A. I took the money under my arm then and started to make the delivery.
Q. The Slater & Morrill door was the next door north from your entrance, in other words, the middle entrance of the building?
A. The middle entrance, yes.
Q. How far is that middle entrance from your entrance of the building?
A. I should say in my judgment, 25 feet.
Q. Now, Mr. Neal, as you came across from the station to your office, did you notice anybody or anything in front of your building?
A. Yes, sir.
Q. If so, what? A. I noticed a large number of automobiles.
Q. Yes.
A. More than generally appeared there that time in the morning. I made a remark to--
Q. Now. just a minute, please. Whatever you said to anybody else is not competent. I am simply asking you what you saw. Now, what else did you see?
A. Standing directly in front of Slater & Morrill's door was this newly varnished car, Buick car. It looked to me that it was almost like a car out of the paint shop or had been just washed in a garage. There was no dust or dirt. Everything was clean. It was standing so close to the door with other cars that I had to drive our team zigzag to get through the teams, to get through the automobiles, there was that many in there. And then the car-
Q. Which way was it facing?
A. It was facing north.
Q. Facing toward Holbrook Ave.?
A. Facing toward Holbrook Ave.
Q. What type of car was it?
A. It was a Buick, about 7-passenger car.
Q. See anybody there around the car?
A. There was one man sitting in the car.
Q. Yes. You went by it, you say, down to your office?
A. Yes.
Q. Now, when you got to your office, did you see anybody?
A. Saw another man standing in Slater & Morrill's doorway.
Q. Will you describe that man?
A. He stood here, a man possibly an inch or two taller than I am, slight in frame, very slight, slim, light hair, hair that,-well, extremely light, blue eyes, very downcast expression like. That is, he did not look at me up straight. He held his head and rolled his eyes up that way [indicating]. He had a soft hat, of a grayish mixture, a black overcoat or a dark, dark mixture overcoat. It was not black. It was a dark mixture. The coat was buttoned up tight, both hands in his overcoat pockets down so I could not even see the wrists, right close down. He stood there when I was passing the cars, and also stood there when I made delivery of the money.
Q. What was his complexion, did you notice?
A. Of a very sallow complexion, eyes very much sunken, and cheeks hollowed in, looking like a man who had been under a very severe mental strain or a man of tubercular trouble. My first impression was that he was a tubercular patient.
Q. You went by this car and down to your office, I take it?
A. Yes.
Q. What do you say in regard to the top of this car, was it up or down?
A. The top was up.
Q. When you say "up" you mean raised?
A. Yes.
Q. Any side curtains?
A. Side curtains; the little back curtain in the back coming up to the first rib of the top was a stationary or fixed curtain. That was up or rather down so I could not see in. The rest of the curtains were up.
Q. After you had been down to your office and made the change for the Slater & Morrill payroll which you have told the jury, you came up toward the middle entrance, I take it, of Slater & Morrill's?
A. Yes.
MR. WILLIAMS. Do you wish to stop now, if your Honor please?
THE COURT. We will stop here until 2 o'clock.
AFTERNOON SESSION.
THE COURT. You may proceed with the witness.
Q. As you proceeded with your box or bag from your entrance to the Slater & Morrill entrance of the building, will you tell the jury what you noticed regarding that car which you have told us was a large Buick car, and any men in or around that car?
A. My position,-that is, when I left my office after taking this money from the safe-it comes in a canvas bag weighing about 20 pounds--I took it under this arm, catching hold of the bag in my hand there. Always for protection I have my coat buttoned up and overcoat on. I always carry a 38 revolver in this pocket and very particular to put the flap inside.
THE COURT. Pay attention to the question kindly and answer nothing else.
Q. I do not care so much how you were dressed, Mr. Neal. Just what you observed in regard to the men or the car.
A. The car was standing there close up against the sidewalk, the walk in front of the building, right directly in front of the door.
Q. Was there a man in the back seat?
A. There was not.
Q. Now, what did you observe as to the man in the front seat, and in what part of the front seat was he sitting?
A. He was sitting with his one hand on the driving wheel, the engine, of the car running. He did not turn in any way, did not seem to look at me. His coat was not turned up, but up pretty well on his neck, and I could see nothing only the back of his head.
Q. Did he have a hat on?
A. He had a hat on.
Q. Did you see his face at any time?
A. I did not.
Q. What about the other man you have spoken of, where was he at that time?
A. About 5 feet from the car, standing in the corner of the doorway just on the step before you go into the door.
Q. And was that man any man you have previously described to us here?
A. The man in the doorway?
Q. Yes.
A. Yes.
Q. You refer to the man you had seen going to your door previous to that time, that morning?
A. While coming from the station?
Q. Yes.
A. A man stood there in the same position. He had not moved.
Q. That is the same man you described to us previously?
A. The same man.
Q. What did you do then? I am not referring to anything about,-but did you go into the building?
A. I did.
Q. You went up and I assume delivered your bag or your box?
A. Yes, sir.
Q. To Slater & Morrill's. To whom did you give it, do you remember?
A. To Margaret Mahoney.
Q. She is here in court today?
A. She is here.
Q. Then did you come out again?
A. Yes.
Q. What time was it when you went into the building?
A. 9.30 or thereabouts.
Q. What time was it when you came out?
A. About 3 minutes later, 2 minutes later.
Q. What did you see in reference to this car and these two men as you came out of the building?
A. As I got half way down the stairs a man that was standing still in the position that he had been from the time I came from the depot stepped off of the step, opened the rear door of the car and got in and sat down and closed the doors. Immediately the car started.
Q. And in which way did it go?
A. North.
Q. That again is toward Holbrook Avenue?
A. I did not get that.
Q. I say, again that is toward Holbrook Ave.?
A. Yes.
Q. Was there any rear window in the car at that time?
A. Yes, sir.
Q. And where was that rear window?
A. In the back curtain, about the center.
Q. Were you shown either this noon or this morning an automobile outside of the building, outside this court house?
A. Yes....
Q. What time was it when this car with these men in it, as you have described, drove off north?
A. About 9.33.
Q. Did you later on that day see that same car?
A. In my judgment, I did.
Q. At what time of day did you see that same car?
A. About 3.05.
Q. Where was the car at that time and what was it doing, what were its movements?
A. Coming across the railroad track on Pearl Street, going up Pearl Street.
Q. Now, previous to seeing that car at 3.05, as you just stated, had you heard anything?
A. Yes.
Q. What did you hear?
A. What I supposed was a motorcycle backfiring.
Q. And where were you at that time?
A. Sitting in my office, right at the plate glass window.
Q. Will you describe to the jury what you then heard and what you did and what you saw?
A. Sitting at this chair writing at my desk, and I heard in quick succession what I supposed was a motorcycle backfiring as a man crossing, using a motorcycle and quite frequently it happens.
Q. How much of that backfiring did you hear? A. Well, I should say what would be about five times. In the lapse of a minute or thereabouts I heard a distinct shot which I recognized as a revolver shot. I immediately jumped from my chair, looked out, and I saw this car coming across the crossing. Just as I raised a second shot was fired. I then came out of my office as quickly as I could, which I had two doors to go through, one office inside the other like, and I had two doors, and when I got on the sidewalk the car was just passing the corner, so that I saw really the last half of the car, not the first half.
Q. Did you see the first half at any time?
A. Just when I looked through the window and saw it coming across the crossing.
Q. Will you describe the car as it looked at that time?
A. At that time it was considerably more dust on it, the car, than what was in the morning, but I immediately recognized it as the same car.
Q. How were the curtains at that time?
A. The curtains wasthis fixed curtain was the same. There seemed to be something loose on the side.
Q. Which side?
A. The side nearest me, that would be the righthand side of the car.
Q. Did you see anybody in the car?
A. I did.
Q. How many people did you see in the car?
A. I could not answer that question.
Q. Could you tell where in the car you saw anybody?
A. When I first looked out, two, I should say, on the front seat. Sure of that, two on the front seat. As the car passed I could distinguish one nearest me on the back.
Q. Could you see anything done from the car as it went along?
A. When I got out the car passed. I immediately ran into the street to look up, and the first thing I noticed was the glass in the back been either broken out or cut out. It was open.
Q. That is the rear window that I asked you about before?
A. Yes, sir.
Q. I am asking now, Mr. Neal, during the time you saw the car from the crossing to wherever you last saw it, did you see anything happen in the car or from the car?
A. Except.a shot fired on the crossing.
Q. Could you tell from where in the car that shot was fired?
A. Exactly where?
Q. Roughly.
A. About on one third over the crossing.
Q. I mean from what point in the car was the shot fired, could you tell?
A. I couldn't tell, no, sir.
Q. Could you tell in which direction the shot was fired or from?
A. No.
Q. Did you see any gun, revolver or pistol?
A. I did not.
Q. How fast was the car moving as it went from the crossing up to the corner?
A. It seemed to be picking up its speed. At that point possibly eighteen miles an hour.
Q. At what point?
A. At the corner of the cobbler's shop.
Q. How fast was it going when you first saw it at the crossing?
A. Very slowly.
Q. Now, will you tell us again what kind of car it was that you saw in front of the driveway in the morning?
A. It was a seven passenger Buick there, which, to all appearances, was either newly varnished out of a paint shop or just been washed and polished.
Q. What model car, that is, what I mean, what is the model, if you know?
A. 1920.
Q. You are somewhat familiar with cars, are you?
A. Some, yes, sir.
Q. Have you a car yourself?
A. Yes, sir.
MR. WILLIAMS. If your Honor please, the District Attorney suggests to me, to avoid any misunderstanding, to have this man taken down and shown the car, which I am told is now outside the Court House, and at the same time show it to the jury.
THE COURT. You may ask him if he has seen that car since.
Q. In that way, have you seen that same car since?
A. Yes, sir.
Q. Where did you see it?
A. The first time, in the police station at Brockton.
Q. When was that?
A. I think the day after it was found in the woods. I cannot tell you the date.
Q. Have you seen it since then?
A. Yes.
Q. When did you see it?
A Today.
MR. WILLIAMS. If your Honor please, I would like to have the jury the that car at some time. Now, possibly it would be well to have the cross-examination of this witness continue, and then after that the jury might step down and we will see the car, which is outside.
THE COURT. There is no motion now, and of course when the motion is made, counsel on the other side should be given an opportunity
MR. WILLIAMS. Well, it was more of a suggestion than anything else. I will make a formal motion after the cross-examination of this witness is concluded.
THE COURT. All right.
Cross-examination by Mr. Moore.
Q. [By Mr. Moore.] Mr. Neal, did I understand you to say that you owned a Buick car?
A. If you will pardon me, I am hard of hearing of one ear. If you will give me the questions loud enough I will answer them, but I cannot hear them very well.
Q. Do you own a Buick car?
A. No.
Q. Or have you owned any at any time?
A. At any time, no, sir.
Q. What car do you drive?
A. At the present time, a Franklin.
Q. Have you ever driven a Buick?
A. No, sir.
Q. Now, I believe you stated in response to direct examination that this space in here [indicating] in front of the Hampden House when you went over that morning had a number of automobiles in it?
A. Yes, sir.
Q. Now, you went over to meet the regular Boston train that arrives about 9.25, did you?
A. Yes, sir.
Q. And it is quite customary for a considerable number of cars and people to gather in this open space there in front of the depot to meet arriving trains, is it not?
A. Not in the space I refer to. My answer to the other question was directly in front'of the Slater & Morrill factory.
Q. Well, how many cars would you say that there were in there that morning?
A. Seven or eight.
Q. Is that based upon a distinct, clear-cut recollection of the number of cars or is it simply a general estimate?
A. That is a general estimate.
Q. You did not count the cars, of course?
A. I did not.
Q. , Did not anticipate anything of this seriousness and import happening that morning at all, did you?
A. No, sir.
Q. When you went over then, you have not any recollection of seeing this car anywhere, either in front of the Hampden House or alongside the railroad platform?
A. No, sir.
Q. Now, did you see any particular car in there while you were either crossing over to the railroad platform or en route back? Do you remember seeing any particular person there with any particular car?
A. No, sir, only the one described.
Q. Do you remember the make of any car that was there?
A. I do not.
Q. Do you remember seeing any particular person on the railroad platform that morning?
A. Not any, except those associated with me in the handling of the money.
Q. In other words, you do not remember seeing a single resident of Braintree or any one on that station platform that morning other than the particular man or men that moved the money with you?
A. Yes, sir.
Q. How many years have you lived at Braintree?
A. About thirty.
Q. You doubtless have, since the time of this tragedy and immediately following it, rehearsed in your mind who was there that was there when you were there that morning?
A. No, sir.
Q. I say, you have gone back in your mind trying to fix who was there that morning in addition to yourself ?
A. Oh, yes, sir.
Q. Haven't you?
A. Yes, sir.
Q. The number of cars that was there, did that particularly impress you as being an unusual thing?
A. It did.
Q. But you did not note any of the cars in so far as either the persons in them or in so far as makes after you came back to your office?
A. Yes, sir.
Q. I asked you in the early part of my examination if you passed in front of Slater & Morrill's when you went to the depot and you told me you did not. You did not know.
A. I couldn't help but pass in front. I couldn't go behind the building.
Q. I asked you if you did go down the platform. Did you go down the platform or did you not?
A. I might go d'own the platform; I might step off the platform and go along that walk.
Q. I am asking you did you?
A. I do not know.
Q. Then you do not know whether you had to thread your way between these seven or eight cars in the roadway or not, do you? A. I know I did not go out there. I never go out there on the street.
Q. Then you do know you walked down the platform?
A. I walked down the platform or that driveway, about thirty feet away.
Q. So you went right in front of Slater & Morrill's?
A. Somewhere along in front of the building.
Q. Were any of these seven or eight cars that you have referenced to between your entrance and the Slater & Morrill entrance? A. No, sir.
Q. They were all out in the roadway, were they?
A. Well, there was one car about there [indicating]. That car we had to turn the horse and take inside, leaving him on the street side. The Buick car was so close we had to make a little circle around the Buick car to get to our door. One car in there [indicating] ; the other cars were out right here [indicating].
Q. Where were the others?
A. The others there [indicating], just over the curbing, the green. There is a little green spot there of grass.
Q. And these cars were all standing there idle, were they?
A. Yes, sir, all but the Buick.
Q. Men inside the cars?
A. One or two were people sitting there. One woman was sitting in a car.
Q. Some of the cars without occupants?
A. Yes.
Q. Most of the cars had occupants?
A. No, I think not, not more than one or two. The others, nobody was in.
Q. Sitting out in that roadway unoccupied?
A. Yes.
Q. Not alongside of the curb, but in the roadway? A. With the exception one car was inside that we had to curve to get around.
Q. None of those seven or eight cars do you identify as to make. Is that correct?
A. What say?
Q. None of the seven or eight cars that you say were there do you identify as to make?
A. Except the Buick.
Q. Or none of the occupants of those cars do you identify at all?
A. No, sir.
Q. And no person in or around or about that depot or that platform or your place of business do you remember or have you been able to recollect since that time, with the one exception of the man or men,who helped you move the money?
A. No, sir.
Q. Now, what distinguishing characteristic, Mr. Neal, do you give to this Buick other than the bright, brilliant and shiny new painted and new varnished appearance? What distinguishing characteristic do you remember about that car?
A. That Buick car has a different gasoline tank on the rear from most any other make. Also, there is no springs or frame that extends in the rear which you find on one or two other makes of cars. It is a very distinguishable car on the road. Any one familiar with cars can pick a Buick car out.
Q. Did you see the front of the car?
A. Only in the afternoon to take particular notice. Coming over I did not notice the front of the car.
Q. You do not pretend to have read any name plate, do you?
A. No, sir.
Q. What do you state are the distinguishing characteristics distinguishing an '18, '19, or '20 Buick car, if any?
A. There is scarcely no difference in the Buick models. They are practically the same in the later years.
Q. Would yo u say that the car that you saw was an '18, '19, or '20?
A. I should say it was '20.
Q. Why?
A. The newness of the car.
Q. You are judging entirely then upon the paint and varnish condition, that is all?
A. That is.
Q. Nothing else?
A. As far as the year goes.
Q. What?
A. As far as the year goes, the date of the car.
Q. And as far as the size is concerned?
A. Yes.
Q. In other words, all on earth you have to say is that you saw a car that morning at 9.25, one of some seven, eight, nine or ten cars standing in front or in that open space. You do not pretend to say it was a '20 or '19 or '18 with any degree of finality and definiteness, do you, Mr. Neal? That is a guess?
A. That is, yes, sir.
Q. Guessing. Now, later in the day you heard the noises that you have made reference to and rushed, or immediately went to the window of your office that faces down towards Pearl Street. Is that right?
A. Yes.
Q. Now, looking down on looking out your window, did you look out of this window facing out towards the railroad platform?
A. Yes, sir, the corner plate glass window.
Q. The corner plate glass window?
A. Yes, sir.
MR. MOORE. [To the jury.] This window here [indicating], gentlemen, facing out.
MR. WILLIAMS. May I see it just a moment?
[The photograph is shown to Mr. Williams.]
Q. Did you see any automobile at that time? I understand you to say you did not.
A. When I looked out the window? I saw this Buick car on the track coming over.
Q. Do you say that looking across-how long did you tarry in your window?
A. Oh, half a minute, perhaps only a few seconds.
Q. Probably more likely to have been a matter only of seconds, wasn't it?
A. Well, possibly.
Q. And the minute-before you saw any automobile you realized that something extremely serious had happened, didn't you?
A. Yes, sir.
Q. So that you rushed out of the American Express office as quickly as you could?
A. Yes, sir.
Q. Now, you do not, I take it, Mr. Neal, you do not pretend to say that from the window you identified the car crossing the track as the car that you had seen that morning? You do not pretend to say that, do you, from the window I am referring to?
A. In my own mind I do, I am satisfied.
Q. Based upon what identifying mark?
A. The car in itself, the appearance of the car.
Q. Now, you told me earlier in the examination that the car that you saw that morning was bright and brilliant and newly varnished.
A. Yes, sir.
Q. You told Mr. Williams in response to direct examination that when you saw the car that afternoon that it was dirty and dusty and as though it had been over-an entirely different character of car. Is that correct? A. No, sir, I did not.
Q. Dirty?
A. I said dirty.
Q. Now, you told me the distinguishing feature that enabled you to identify the car in the morning as a '20 car was its bright, newly varnished appearance. Is that correct?
A. Yes, sir.
Q. Now, that quality had disappeared in the afternoon, hadn't it?
A. Not entirely. Certain parts of the car still showed bright.
Q. Then standing in the office of the Hampden House here, in this window here
A. Yes, sir.
Q. -looking over across into a general point with the range of vision something, we will say, at best about like that, wouldn't it [indicating] ?
A. Yes, sir.
Q. About there [indicating] ?
A. Something like that.
Q. That is a fair interpretation? If it is drawn to scale that would be ten and one half inches.
A. Come down to this line up in there where I was, right in there, between those two tracks. That is where the car was, right in there, between those two tracks.
Q. That is the first point you saw it, in the second tracks?
A. Yes, sir, in the second tracks.
Q. I see. That would be in the neighborhood of approximately eight inches?
A. Eight inches, around there.
Q. And that would be twenty feet to the inch would be in the neighborhood of 160 odd feet. You do not pretend to have read the number plate?
A. No, sir.
Q. No other characteristics that you desire to direct the jury's attention to that enabled you to identify it as the same car that you had seen that morning other than what you have already referred to?
A. The fixed curtain in the back, that was a very peculiar feature.
Q. Now, I am calling your attention to a photograph and ask you if that represented the photograph of the fixing of the side curtain?
A. Yes, sir, that is the way. That is the way the curtain, that is a torn curtain, but it was up in that shape.
Q. Is that the way it was up in the morning?
A. Yes, sir.
Q. Is that the way you desire to state it was up in the afternoon?
A. Yes, sir, with something here, either another curtain or something was flapping.
Q. In other words, this curtain arrangement was not the same in the afternoon as it was in the morning?
A. It appeared to be. Might have been a coat. There was something there loose.
Q. I say, the curtain arrangement was not the same?
A. I do not say the curtain arrangement, no. I sav that fixed curtain was just the same.
Q. But the curtain-
A. It might have been a man's coat, might have been one of the-hanging flapping.
Q. The curtain on the right-hand side of the car going up Pearl Street?
A. Yes, sir.
Q. There was an extra curtain on there in the afternoon that you say was not on there in the morning?
A. I do not say a curtain.
Q. Mr. Neal, as I understand, in the morning, when you claim to have seen a car in front of Slater & Morrill's, the arrangement of the side curtain was similar to this [indicating]?
A. Yes.
Q. In the afternoon, when you say that you saw a car, in addition to that side curtain there was some other thing there?
A. Something that flapped in the wind.
Q. Which came out beyond the point of this curtain, and which obscured the view into the car?
A. Something right in here [indicating].
Q. And which would, if it was flapping there, would of necessity have to be affixed somewhere to the top, wouldn't it?
A. Not necessarily. A man's coat, an overcoat, would do the same thing, the same result.
Q. If it was held up, yes, and there was somebody there to let that occur?
A. Something in there that obscured the view.
Q. And that something was flapping outside of the car?
A. It came out a little way.
Q. Yes. So that that characteristic was different in the afternoon than what you say it was in the morning? Is that correct?
A. That part, yes, sir.
Q. You have mentioned all the distinguishing marks, have you?
A. At that time? Yes, sir.
Q. Now, by the time you got out of the office, you then came out of this entrance-way here?
A. Yes, sir.
Q. And you looked direct down towards Pearl Street?
A. Yes, sir.
Q. And you then saw a disappearing automobile?
A. About the last end of it.
Q. About the last end of the car?
A. Hardly the half of it, just going by as I got out there.
Q. By that time the car you say was operating at a minimum of speed of eighteen miles an hour?
A. Yes, sir, about that.
Q. And the part of the car that you saw looking down the street here parallel to your building was, I suppose, something like, we would say, the back half section?
A. Just to here [indicating].
Q. Just saw the back wheels? You saw that much?
A. About that much, as it went by.
Q. That is all?
A. That is all.
Q. And the car, you estimate, at that time to be running at a minimum rate of eighteen miles an hour?
A. I should say so.
Q. The car, by the way, was in what part of Pearl Street going towards Hancock Street?
A. About the centre of the street.
Q. To the right of the centre going north or the left of the centre going toward Hancock Street?
A. Well, bearing a little to the left centre, going towards Hancock, the car was a little to the right.
Q. Approximately, you say, in the centre of the road?
A. The center of the road.
Q. You came out of the entrance-way here?
A. Yes.
Q. Accepting this map [indicating], it would be approximately four inches, wouldn't it?
A. Yes, sir.
Q. You would say something in between on that scale, between 80 and 100 feet away?
A. I should say about eighty feet.
Q. You did not see the gasoline tank then, did you?
A. No, sir.
Q. You did not see anything about the hood of the car then?
A. No, sir.
Q. To identify the form of the car?
A. No, sir.
Q. As a matter of fact, Mr. Neal, in entire frankness, you do not pretend to have been able to identify the two back wheels and what part above them of that car operating eighteen miles an hour, you would not pretend to say you could identify that as a Buick car or any other particular make of ear, would you?
A. Not just at that particular look there.
Q. No. Now, coming back to the morning occurrence at 9.30 or 9.33, you say you came out of your place of business at 9.30, 1 believe you said, and went over to Slater & Morrill's and came back, I believe you stated, 9.33. Is that correct?
A. About that.
Q. I assume you kept no memorandum?
A. Not of the exact minute.
Q. What I mean is, the mere seeing of somebody there, seeing of a car there did not particularly have any special significance?
A. Yes, sir, it did, very much so.
Q. There was some seven or eight or nine cars in that open space?
A. Yes, sir.
Q. And none of those cars, as to occupants or make have you any recollection of other than this?
A. No, sir.
Q. And you carried the money right upstairs to Miss Mahoney and came back?
A. Yes.
MR. MOORE. I think that is all, your Honor.