(Testimony of Mrs. Charlie Virginia Davis)
Mr. Belin.
Did you see her find any other shells?
Mrs. Davis.
I found one after Jeanette, after all the police had gone.
Mr. Belin.
When did you find yours?
Mrs. Davis.
It was about 10 minutes after all the police had gone.
Mr. Belin.
Was that before or after you went down to the police station?
Mrs. Davis.
It was before.
Mr. Belin.
About when before?
Mrs. Davis.
Well, I would say it was about 2:30, or 4.
Mr. Belin.
Mrs. Davis, when did you say you found this other shell?
Mrs. Davis.
It was about 4.
Mr. Belin.
Did you see or know of anyone else finding any other shell?
Mrs. Davis.
No, sir; not that I remember.
Mr. Belin.
Do you remember what you did with your shell when you found it?
Mrs. Davis.
Well, before I picked it up, this boy told me that was walking along with us helping us find, see if we could find anything for evidence, he told me the police would get me if I picked it up by my fingers, and take fingerprints, and I got scared and ran to the house and got a Kleenex tissue and brought back outside and wrapped the shell in.
Mr. Belin.
What did you do with it when you wrapped the shell up?
Mrs. DAVIS. Jeanette took it and put it in her apartment up on the mantleboard.
Mr. Belin.
Then what?
Mrs. DAVIS. Then about 5:30 the same day the police called and wanted us to come down and identify him in the lineup.
Mr. Belin.
Then what did you do with the shell?
Mrs. Davis.
I gave it to the police.
Mr. Belin.
Did you give it to him at your house or down at the police station?
Mrs..DAVIS. They come and picked us up.
Mr. Belin.
You gave it to the officer that came to pick you up?
Mrs. Davis.
Yes, sir.
Mr. Belin.
Do you remember what his name was, or not?
Mrs. Davis.
No, sir.
Mr. Belin.
Now in your statement, Virginia Davis Deposition Exhibit 2, now you state that, "Jeanette found an empty shell that the man had unloaded and gave it to the police. After the police had left I found a empty shell in our yard." Is this the same shell you gave to Detective Dhority? Does the name Detective Dhority sound familiar to you now, or don't you remember?
Mrs. Davis.
I never did hear the detective called.
Mr. Belin.
Pardon?
Mrs. Davis.
I didn't hear the detective's name called.
Mr. Belin.
You say, "The man that was unloading the gun was the same man that I saw tonight as No. 2 man in a lineup." Is that right?
Mrs. Davis.
Yes.
Mr. Belin.
Now, Mrs. Davis, on this statement, Virginia Davis Deposition Exhibit 2, it states that "We heard a shot and then another shot and ran to side door at Patton Street." You say that should have been the front door?
Mrs. Davis.
That was supposed to be the front door.
Mr. Belin.
You say, "I saw the boy cutting across our yard and he was unloading his gun. We walked outside and a woman was hollering, 'he's dead, he's, he's shot'." "This woman told Jeanette to call the police and she did." Now according to this statement, you saw the man cutting across your yard before you called the police?
Mrs. Davis.
No, sir.
Mr. Belin.
Now this statement is wrong, is that correct?
Mrs. Davis.
That's right.
Mr. Belin.
It is your testimony now, as I understand it, that you went back in the house and you called the police, and then you went back outside the house and saw the boy cutting across the yard?
Mrs. Davis.
That's right.
Mr. Belin.
That is your statement now?
Mrs. Davis.
Yes.
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