Fred Martin
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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, testified as follows: p. 13 Q.
(by the prosecutor) What were you doing at approximately 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 arguing. 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? 864
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, testified 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. 865
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, testified as follows: p. 13 Q.
(by the prosecutor) What were you doing at approximately 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 arguing. 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? 864
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, testified 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. 865
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