A. No.

Q. Have you ever seen or known Rausch to carry a gun?

A. No.

Q. Did you know Rausch and Jones before that night?

A. Just from the tavern. They weren’t friends of mine

or anything like that. I hardly knew Jones.

FRED MARTIN, having been first duly sworn, testi-

fied as follows:

p. 13

Q. (by the prosecutor) What were you doing at approxi-

mately 11:00 p.m.?

A. I was on my porch reading the paper. I live at 3333

N. Clark. I circled my house on that photo you just
showed me.

Q. Did anything happen at that time?

A. Yes, I heard two men at the end of the block, on my

side of the street. It sounded like they were argu-
ing. Both of them were talking, but I couldn’t make
out the actual words.

Q. What happened next?

A. The short man was backing up, the other one was
following. They appeared to be keeping the same
distance.

Q. How far apart were they?

A. I’d estimate about fifteen feet.

Q. Then what happened?

A. They were still arguing in loud voices, moving

slowly towards me, then a shot rang out, and the
tall man fell. The short one just stood there.

Q. How far apart were the two men when the shot rang
out?

A. Probably about ten feet.

Q. Did you see the gun before you heard the shot?

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A. No. I don’t know where the gun came from.

Q. Then what happened?

A. The short man dropped the gun, ran up the street

towards me, but some people from the Red Apple
caught him and held him until the police arrived.

Q. How far were you from where the shooting took

place?

A. I’d say around 100 feet or so.

p. 14

Q. Just before you heard the shot, did you see the
tall man do anything?

A. No. He was just moving forward.

Q. Mr. Martin, what’s the lighting like on the 3300

block of Clark Street?

A. The Red Apple has a floodlight on the outside that

shines on the front sidewalk. The rest of the block
has single family houses. Some of them have porch
or sidewalk lights.

Q. Are there any street lights?

A. There’s a street light over the intersection of

Clark and Elm. There’s another one over the next
intersection north. Finally, there’s a street light
over the street in the middle of the block halfway
between the two intersections, where an alley
crosses Clark Street.

Q. How far is your house from those lights?

A. It’s maybe 150’ from the light at Elm, and about

1001 from the light in the middle of the block.

MERLE RAUSCH, having been first duly sworn, testi-

fied as follows:

p. 18

Q. (by defendant’s attorney) Mr. Rausch, what kind of

work do you do?

A. I’m a stock worker at the A&P Food Store here. It’s

at 2800 N. Clark Street.

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