BY MR. LEE: 
                            Q.   Officer, just before we recessed, I believe 
                    we were discussing Exhibit 9 in evidence, the picture of 
                    the paint store.  Do you remember that that's where we 
                    left off? 
                            A.   Yes, sir.
                            Q.   Now, there is a fancy restaurant almost 
                    directly opposite that particular store. 
                            A.   Yes. 
                            Q.   Did you enter that establishment in the 
                    course of your investigation? 
                            A.   Yes, I walked in the main entranceway, sir. 
                            Q.   You would then find yourself in the main 
                    dining room area, would you not?
                            A.   Yes, sir.
                            Q.   And what did you first observe or what was 
                    your attention attracted to upon entering the area?
                            A.   I noticed some blood spots on the door. 
                                 MS. WHITE:  I object to the characterization 
                    of blood spots, your Honor.  This witness, although 
                    concedingly eminently qualified in his specialty, has not 
                    been shown to be qualified or knowledgeable in this light. 
                                 THE COURT:  Sustained.  Strike it out. 
                            Q.   Just describe the spots.
                            A.   There were some reddish stains on the inside 
                    of the main door and the door casings and there were also 
                    some brown marks on the floor. 
                            Q.   I show you People's Exhibit 11 for 
                    identification and ask you if you recognize the scene 
                    depicted there. 
                            A.   Yes, sir, I do.  However, some of the 
                    paraphernalia portrayed in that photo are not easily 
                                 MR. LEE:  I offer this in evidence your 
                                 MS. WHITE:  No objection.
                                 THE COURT:  Received.
                            Q.   Did you have or manage to observe any other 
                    markings upon the door? 
                            A.   There were some drag or scuff marks from the 
                    inner office into the second smaller dining room, 
                    particularly in the alcove.  There were also some marks 
                    extending from there into the main dining room.  I noted, 
                    incidentally, that the telephone wire was cut in this 
                    room.  If my memory serves me correctly, I believe it was 
                    a pay telephone. 
                            Q.   Anything else? 
                            A.   Well, the entire restaurant was in a rather 
                    dismayed condition.  There was a large quantity of pastry 
                    in the room that had been prepared for a scheduled banquet 
                    or wedding that day and that was strewn all about the 
                    place.  There was a fire extinguisher that had been played 
                    about.  The kitchen as well was really disrupted.
                            Q.   Retracing ourselves for just a moment, 
                    officer, what did you do after you made these observations 
                    of the spots on the floor and the door?
                            A.   I proceeded to the stairway that leads to the 
                    basement and observed the body of a male person thereon.  
                    I then went into a small barroom at west end of the 
                    building and noted that a cabinet behind the bar had been 
                    apparently forced open with some type of instrument.
                                 MS. WHITE:  I object that as a conclusion.
                                 THE COURT:  Yes, it is a conclusion.  It will 
                    be stricken and the jury instructed to disregard it.  Give 
                    him another question, counselor. 
                                 MS. WHITE:  Thank you, your Honor. 
                                 MR. LEE:  If your Honor please, may I have 
                    permission for the jury to view the photographs that have 
                    already been received in evidence?  I think it might be of 
                    some help to them while they are listening to the witness 
                    describe the situation. 
                                 THE COURT:  I think that is in order, 
                    Mr. Lee.  I might caution you in this respect, members of 
                    the jury:   Just look at the photographs and pass them 
                    along.  In other words, don't start to comment, at least 
                    at this time, as to what might or might not impress you in 
                    connection with the various exhibits. 
                                 Continue with your examination.
                    BY MR. LEE:
                            Q.   I show you People's Exhibit 19 for 
                    identification and ask you if you recognize that as the 
                    oil tank located in the basement of that building. 
                            A.   Yes, sir. 
                                 MR. LEE:  I offer that exhibit in evidence as 
                    well, your Honor. 
                                 MS. WHITE:  I object to its introduction or 
                    reception in evidence, if your Honor please.  I feel it 
                    would be prejudicial to my client. 
                                 THE COURT:  Overruled. 
                            Q.   Officer, what did you do when you observed 
                    this body on the staircase?
                            A.   I viewed the body and noticed slashing type 
                    of wounds about the--
                                 MS. WHITE:  I object to the characterization, 
                    your Honor. 
                                 THE COURT:  Sustained. 
                                 MS. WHITE:  And I ask that it be stricken. 
                                 THE COURT:  Yes, strike it.
                            Q.   Now, if you can tell us without 
                    characterizing, officer, go ahead. 
                            A.   The man had died from other than natural 
                            Q.   Then what did you do?
                            A.   Being concerned with the character of the 
                    death, I contacted the County Medical Examiner.
                            Q.   And did you in any way move or disturb the 
                    body prior to the arrival of the Medical Examiner? 
                            A.   No, I did not, sir.  That would have been 
                            Q.   Please try to just answer the question, 
                    officer.  That way we will avoid too many objections.  
                    Will you try to do that?
                            A.   Yes, I'm very sorry.
                            Q.   That's all right.  The body of the victim, 
                    then, was in the same position, I gather, when the doctor 
                    arrived as it was at the same time you arrived upon the 
                            A.   Yes, it was.
                            Q.   By the way, was that Dr. Green? 
                            A.   Yes, sir.
                            Q.   After that doctor arrived, officer, what was 
                    the next thing you did, if you are able to remember?
                            A.   I waited, of course, for the doctor to finish 
                    his examination.
                            Q.   And then?
                            A.   I'm sorry, counselor, I didn't hear you.
                            Q.   Then what occurred? 
                            A.   We then removed the body from the stairway to 
                    directly in front of the door on the main floor, and in 
                    the doctor's presence we unclothed the body so that a 
                    rectal temperature might be taken to determine the 
                    temperature of the body at this time. 
                            Q.   By the way officer, I neglected to inquire of 
                    you as to when the victim was pronounced dead. 
                            A.   May I refer to my notes to answer that? 
                            Q.   Yes. 
                            A.   It was 11:49 a.m.
                            Q.   I'm going to leave this phase of your 
                    investigation for the time being, officer, and take you to 
                    the time that he was brought into the police station.  Do 
                    you have a vivid recollection of that? 
                            A.   Yes, sir. 
                            Q.   He was accompanied by several police 
                    officers, wasn't he? 
                            A.   Yes, he was.
                            Q.   How many, if you can recall? 
                            A.   Five, I believe.  There may have been six.  
                    That part of it is somewhat vague. 
                            Q.   It isn't of any significance, officer, did 
                    you converse with him at all? 
                            A.   Yes, I did.
                            Q.   What did you say to him?
                            A.   I asked him why he had done it, what had made 
                    him do such a thing.
                            Q.   What did he say? 
                            A.   He just didn't know why.  He couldn't 
                    understand it. 
                                 MS. WHITE:  I object, that certainly is not 
                    responsive, your Honor, by any stretch of the imagination. 
                                 THE COURT:  Sustained.  Strike it out.  The 
                    jury is instructed to put it out of their minds 
                            Q.   What were his exact words? 
                            A.   I asked him why he had done it.  He said, "I 
                    don't know, I just can't understand it." 
                                 MS. WHITE:  I object to that entire statement 
                    that the witness just made.  I ask that be stricken. 
                                 THE COURT:  On what ground do you object to 
                                 MS. WHITE:  On the ground, your Honor, that 
                    there was a coercive atmosphere prevalent at the time. 
                                 THE COURT:  The objection is overruled.  The 
                    answer may stand. 
                                 Gentlemen, it is getting close to our normal 
                    midmorning recess time.  Would you care to take it at this 
                                 MR. LEE:  Your Honor, I realize that the jury 
                    has been sitting in the box for close to an hour and a 
                    half.  However, I would appreciate it very much if I might 
                    be permitted to finish with this officer. 
                                 THE COURT:  Very well, we will continue and 
                    see what happens. 
                    BY MR. LEE:
                            Q.   Officer, my examination of you is practically 
                    complete.  I have just a few more questions and I will 
                    take you back again to your investigation. 
                                 You assisted in removing the body from the 
                    stairs and bringing it to the dining room, did you not?
                            A.   Yes. 
                            Q.   Then what did you do? 
                            A.   We then completed our investigation at the 
                    scene, put the body on a stretcher and took it to County 
                    Car 60, the Medical Examiner's ambulance.
                            Q.   Please step down to the diagram and point out 
                    to the jury where you observed these particular pools of 
                    blood, as you mentioned earlier in your testimony. 
                            A.   Approximately in this area, the upper left 
                    hand corner of the diagram. 
                            Q.   And you say they were reddish in color?
                            A.   Yes, a partially congealed fluid-type 
                    substance in two pools inside the doorway toward the 
                    center of the room.
                            Q.   Did you take samples of that? 
                            A.   Yes, samples of this substance were taken and 
                    encased in chemically cleaned plastic containers by the 
                                 MR. LEE:  That is all. 

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