Tom Gaumer
This can get a little complicated--Yes?
Sat Aug 31, 2019 12:27

Howdy Steve

With contradictory information it is hard to understand what was going on. The question of Doc's armament and how he used it is a tough one. Fitch would not give up on a story he found useful even if a struggle was necessary.

Here is my favorite Fitchism where he or whoever is asking the questions directly instructs the witness how to change his testimony. Billickie on the stand page 211 of Turner.

(Q) State if you observed what change if any occurred between the time of (Tom McLaury) his going into the butcher shop and the time of his coming out, with respect to his POSSESSION of any arms?
(A) I saw no arms on him, neither when he went into the butcher shop nor when he came out.
(Q) What was his appearance when he went in, and what was his appearance when he came out; with respect to the POSSESSION of concealed arms.
(A) When he went into the butcher shop his right-hand
pants pocket was flat and appeared as if nothing was in it. When he came out, his pants pocket protruded, as if there was a revolver therein.

The first question is about POSSESSION which would mean either concealed or in plain site and what he saw and he saw nothing. Then he is reminded he is supposed to see Tom in POSSESSION of a concealed weapon and of course he then does. LOL

A virtually unknown side to this story is between the questions the court took a quick break. During same Wyatt was reportedly overheard to say to Billickie, "This phony story has started. Get to phonying or get out."

Keep Laughing

  • "What kind of pistol?"Steve Gatto, Sat Aug 31 05:24
    Tom, One of my favorite examples of clairvoyance between Fitch (presumably it was Fitch asking the questions) and a witness occurs in Hatch's testimony when describing Doc's pistol: "Q. What... more
    • This can get a little complicated--Yes? — Tom Gaumer, Sat Aug 31 12:27
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