(Testimony of M. F. , Sr. Tobias)
Mr. Tobias.
for it and I told him what the score was--we didn't allow no drinking or no parties, which I don't, and he says, "My wife isn't here"----
Mr. Jenner.
Off the record.
(Discussion between Counsel Jenner and the witness, Mr. Tobias, off the record.)
Mr. Jenner.
Okay; now, that's what we want to get on the record. Repeat that.
Mr. Tobias.
I tell them like this--what they drink in their apartment is their business, but when they get noisy that's mine. My business. Then, he came back----
Mr. Jenner.
Was he alone?
Mr. Tobias.
Yes; and he wanted to look at the apartment again, which happened to still be vacant, and then he wanted to go around the house.
Mr. Jenner.
Around the apartment itself?
Mr. Tobias.
Yes.
Mr. Jenner.
Before you is Tobias Exhibit No. 1, and that is Mrs. Tobias' conception of a plat of your building. Now, is there anything wrong with that?
Mr. Tobias.
Well, it ain't the way I would have drawed it, because this building is kind of in a----
Mr. Jenner.
Well, now, Mrs. Tobias has drawn that green and I hand you now a red pen and ask you to draw one.
Mr. Tobias.
Do you want me to drawn another one?
Mr. Jenner.
Yes; let's mark it "Tobias Exhibit No. 2," flint.
(The witness marks the instrument referred to as requested by Counsel Jenner.)
Mr. Jenner.
All right; draw me a plat of the building on the ground floor, that is the bottom surface.
(Witness Tobias drew the plat requested by Counsel Jenner.)
Mr. Jenner.
Now, Mr. Tobias has drawn a U-shaped outline.
Mr. Tobias.
This is all trees and shrubs in here.
Mr. Jenner.
In the U portion, that is a court or a patio, is it?
Mr. Tobias.
Yes.
Mr. Jenner.
And that's trees and shrubs?
Mr. Tobias.
Yes.
Mr. Jenner.
Which is Elsbeth Street? You are now writing "Elsbeth Street" and this court faces on Elsbeth Street, does it?
Mrs. Tobias.
That's right; yes, sir.
Mr. Jenner.
All right.
Mr. Tobias.
This is a private driveway through here.
Mr. Jenner.
Does the private driveway swing around to the rear?
Mr. Tobias.
And this is a line back here, a property line. Now, this is Davis Street here.
Mr. Jenner.
All right, write Davis Street on there lengthwise, will you?
Mr. Tobias.
Like that. [Complied with request of Counsel Jenner.]
Mr. Jenner.
Now, does this private driveway enter on Elsbeth Street?
Mr. Tobias.
The private driveway comes off from Elsbeth.
Mr. Jenner.
Put an arrow there, will you?
Mr. Tobias.
That's it.
Mr. Jenner.
And that's the private driveway?
Mr. Tobias.
Now, his apartment was this one here.
Mr. Jenner.
Draw a line across there, and put in the apartment number.
Mr. Tobias.
No. 2.
Mr. Jenner.
And at what address?
Mr. Tobias.
This is 604.
Mr. Jenner.
All right; write that in there, and now we've got that located.
Mr. Tobias.
[Witness complied with request of Counsel Jenner.] He had an outside entrance this is another apartment here, No. 1. Mr. Also on the ground floor?
Mr. Tobias.
Also on the ground floor. They both used the same entrance here.
Mr. Jenner.
Put an "X" there.
Mr. Tobias.
All the rest of the apartments---of course, there is an apartment
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