Ulysses J. Pack - Cab Driver

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Ulysses J. Pack - Cab Driver

Postby admin » October 31st, 2010, 5:47 pm

THE COURT: Your witness is out there. Come on.

WITNESS SWORN BY THE COURT.

ULYSSES J. PACK , a witness called on behalf of defendant Gertrude Baniszewski,
being duly sworn by the court, testified as follows:

DIRECT EXAMINATION,
QUESTIONS BY MR. WILLIAM ERBECKER, ATTORNEY FOR DEFENDANT,
GERTRUDE BANISZEWSKI

Q. State your name, sir.

A. Ulysses H. Pack.

Q. Where do you live?

A. 802 Lexington Street.

Q. Indianapolis, Indiana?

A. Yes, sir.

Q. What is your business or occupation, Mr. Pack?

A. I drive a Red Cab.

Q. For how long?

A. Off and on for thirty-five years.

Q. Directing your attention to on or about October 23, 1965, did you drive a cab?

A. I don't remember.

Q. Were you working for Red Cab company then?

A. Yes, sir.

Q. Were you driving a cab at that time?

A. That certain date, I don't know. I don't remember.

Q. I will hand you Defendant's Exhibit "K" and ask you if that is your handwriting on that, yes or no?

A. Yes, sir.

Q. It is?

A. Yes, sir.

Q. And did you make all the notations that appear on this exhibit here, make all those writings?

A. Yes, sir.

Q. And, beginning with the first till the last, does that represent the chronological sequence of passengers you rode that day?

A. Yes, sir.

Q. The one at the top would be first?

A. Yes.

Q. The second would be the second?

A. Yes.

Q. The third would be third?

A. Yes.

Q. The fourth would be fourth?

A. Right on down.

Q. Directing your attention to the 6th entry, will you read that there?

A. Yes, sir.

Q. Did you make that notation?

A. That is my handwriting, sir.

Q. It is your handwriting. Do you have an recollection of what that handwriting represents?

A. No, sir.

Q. Does it represent you taking a passenger?

A. Well, it represents taking a passenger. I could not identify the passenger - it has been so long ago.

Q. That is right. Now, that is your handwriting, that 6th entry?

A. Yes, sir.

Q. And you did write it?

A. Yes, sir.

Q. What did you write - is it on this date you wrote it?

A. Yes, it is.

Q. How do you know that?

A. Well, we get this card every day when we go to work.

Q. A fresh card?

A. Yes, sir.

Q. What happens when you go to work?

A. Every radio call we get we write on the card. That is where to go get the passenger.

Q. For every call?

A. Yes.

Q. For the 6th entry you got a call from someplace?

A. Yes.

Q. Where?

A. 3850 East New York Street.

Q. Indianapolis, Indiana?

A. Yes.

Q. You went there, did you?

A. Yes.

Q. How do you know you did?

A. Because it is not marked out.

Q. What time of day or night did you go there?

A. That I could not state.

Q. It would not be the first call?

A. No.

Q. What time did you start work that day?

A. Approximately around 6:00 o'clock.

Q. That was your sixth passenger?

A. Yes, sir.

Q. What time did you drive your cab out of the garage that morning?

A. The exact minute I could not tell you. I am supposed to go to work at 6:00 o'clock.

Q. Now, refreshing your recollection with that exhibit, can you tell us approximately the time it would take you to traverse the distance on the first entry?

A. Well -

Q. Yes or no?

A. Yes, sir.

Q. Alright, how long a time do you think it would take to make the first run?

A. Approximately five minutes.

Q. How about the second run? Could you refresh your recollection - look at that and tell us how long it would take?

A. About ten minutes, sir.

Q. The third one, sir?

A. About ten minutes.

Q. The fourth one?

A. About ten minutes on it.

Q. The fifth one?

A. I'd say fifteen minutes.

Q. And the 6th one?

A. Approximately ten minutes.

Q. The 6th was from where to where?

A. 3850 East New York to 3028 Arlington.

Q. Arlington?

A. Yes.

Q. Does that reflect the amount of money paid for that run?

A. Yes.

Q. What was that?

A. $1.75.

Q. Do you - when you get these runs, are they immediately one after the other or do you park your cab and wait for other runs or what?

A. No, the way it works in the radio calls, if there is no one on the station, he opens up the call and every one calls in and whoever he hears, that is the one that gets the call.

Q. Since this exhibit reflects it is the 6th call that day since you started around 6:00 o'clock in the morning, have you any way to ascertain approximately what time of day or night that call was received there?

A. Well, we have no way of keeping track of that, no clock on the radio to clock the card. I could not tell you the exact time.

Q. These are made by you?

A. Yes.

Q. Made in numerical number as you get the run?

A. Yes.

Q. Those runs made after the 6th entry, being 3850 East New York - were any of those entries made afterwards that would follow that run?

A. Yes, right in rotation.

Q. What does the notation mean under "units" 13?

A. A unit is a dime on the taxicab meter.

Q. What does that indicate on this thing here?

A. You tell me what you are referring to.

Q. Right there it says "13" under "units".

A. $1.75 on the taxicab meter is thirteen units. The meter starts off at 45 cents, thirteen dimes.

Q. Do you remember going down there this particular day to this place?

A. No, sir, I do not.

Q. Take a look at the woman seated there, the first woman with the red dress on and the white sweater. Did you see her ever before?

A. I could not remember, sir, I could not tell you.

Q. Do you remember if there were one or two or three passengers that morning?

A. I could not remember.

Q. And what did you do with Exhibit "K", this card here, when you got done working that day?

A. We take it to the card room and check the money in according to the readings on the car.

Q. The man who called you a while ago, is that the man you give it to?

A. No, sir.

Q. Who did you give it to down there?

A. We have a lady down there that checks us in. She is not there all the time.

Q. Was this checked in down there?

A. Yes.

Q. By you?

A. Yes, sir.

Q. Does this indicate the cab number?

A. Yes.

Q. Does it indicate your number as being the driver?

A. Yes.

Q. That is your name?

A. Yes, sir.

Q. And all these notations on here were made by you?

A. Yes.

Q. At the time you made them, you were a cab driver for Red Cab Company, is that right?

A. Yes.

MR. ERBECKER: The defendant now re-offers Exhibit "K".

THE COURT: Any objections?

MR. NEW: No objection.

MR. RICE: No objection.

MR. BOWMAN: No objection.

MR. NEDEFF: No objection.

THE COURT: Show it in evidence.

MR. ERBECKER: May I read it to the jury?

THE COURT: Yes, read and shown to the jury. Let the record show shown to the jury.

WHEREUPON DEFENDANT'S EXHIBIT "K" (being a copy of driver's trip sheet) WAS ADMITTED IN EVIDENCE,
SHOWN TO THE JURY, AND MADE A PART OF THIS RECORD AS FOLLOWS, TO-WIT:

DEFENDANT'S EXHIBIT "K" ATTACHED.

CROSS EXAMINATION
QUESTIONS BY MR. LEROY NEW,
DEPUTY PROSECUTOR

Q. This particular run was to the 3000 block South Arlington?

A. I would have to look at the card again to see if it was North or South. That I could not say for sure.

Q. You don't recall of your own knowledge?

A. No.

Q. Would thirteen units be approximately right for the 3000 block South Arlington?

A. It would be about the same distance.

Q. How close is that to Beech Grove?

A. I think Southern Avenue is 2600 south. That would be four blocks south of that, sir.

Q. Close?

A. Yes.

MR. NEW: Nothing further.

THE COURT: Cross examination by Paula Marie Baniszewski?

MR. RICE: We have nothing.

MR. BOWMAN: We have no questions.

THE COURT: Richard Hobbs?

CROSS EXAMINATION,
QUESTIONS BY MR. JAMES NEDEFF, ATTORNEY FOR DEFENDANT,
RICHARD HOBBS

Q. Mr. Pack, your card indicates you made approximately twenty-eight trips that day.

A. Twenty-eight, yes, sir.

Q. This trip your card indicates a run from 3850 East New York Street to 3000 block Arlington, whether south or north. Can you tell this court and jury whether that trip was made in the morning or afternoon?

A. It would have to be made in the morning, sir.

Q. You started work at 6:00 o'clock?

A. Yes, sir.

Q. Did you have breakfast after you started your work?

A. I never eat breakfast, sir.

MR. NEDEFF: No other questions.

THE COURT: Any re-direct?

RE-DIRECT EXAMINATION,
QUESTIONS BY MR. WILLIAM ERBECKER, ATTORNEY FOR DEFENDANT,
GERTRUDE BANISZEWSKI

Q. Mr. Pack, is it a fact that the address you took these passengers to was right in front of a doctor's office?

A. I don't recall and I can't remember.

Q. But it does indicate two passengers, doesn't it?

A. That is right.

MR. ERBECKER: Nothing further.

THE COURT: Any re-cross?

MR. NEW: I think not, Your Honor.

WITNESS EXCUSED.

THE COURT: Next witness, please.

MR. ERBECKER: Other than Judy Duke, we have none. I respectfully ask the court to take appropriate measures to insure her attendance here. I don't know how else I can compel her presence.

THE COURT: We will cover that out of the presence of the jury. With that exception, does defendant Gertrude Baniszewski rest?

MR. ERBECKER: With that exception, we rest, yes, sir.
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