Herbert Medcalf - Department Manager for Red Cab

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Herbert Medcalf - Department Manager for Red Cab

Postby admin » October 31st, 2010, 5:52 pm

WITNESS SWORN BY THE COURT.

HERBERT MEDCALF , a witness called on behalf of the 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. Your name is?

A. Herbert Medcalf.

Q. What is your business or occupation?

A. Department Manager for Red Cab.

Q. Where is that located?

A. 2020 North Illinois.

Q. What is the business of Red Cab Company?

A. Transportation.

Q. You operate a fleet of Red Cabs in and about Marion County, Indiana?

A. Yes, sir.

Q. And you are Department Manager of what department?

A. Communications.

Q. Communications - does that encompass the custody of records made by various cabs?

A. To some extent, yes.

Q. And will you describe for us now the method whereby a cab driver makes a record of the runs he has and the passengers he hauls per day?

A. He records the point of origin and destination on a daily trip card.

Q. Do you have those with you?

A. I have cards, most of the cards for October 23, 1965.

Q. Going to the trip card, what does he do?

A. Records the number of passengers, origin, point of destination and fare.

Q. Does he do that for every passenger?

A. He is supposed to, they don't always.

Q. The point of origin and the place of destination. Directing your attention on or about October 23, 1965, do you have a record of a cab that made trips from 3850 East New York Street to another place of destination?

A. Yes, I do.

Q. Who was the cab driver who made that particular record?

A. Ulysses Pack.

Q. Where does he live?

A. I don't have his home address. You can get it from personnel section.

Q. He was a duly authorized cab driver on that date?

A. That is right.

Q. What was his hours of employment?

A. He went to work at sometime between 6:12 and 6:18 A.M., and he quit work sometime between 6:06 and 6:12 that evening.

Q. He worked around twelve hours?

A. Roughly twelve hours.

Q. Were you working at the cab company at that time?

A. Yes.

Q. Do you know this particular Red Cab driver?

A. I do know the driver, yes, Ulysses Pack.

Q. I will hand you defendant's exhibit "K" and ask you if that is the driver's trip ticket?

A. Yes, it is.

Q. Is that kept in the orderly course of business of your company?

A. Yes, sir.

Q. What does that or any other trip ticket record?

A. As previously stated, the number of passengers, the point of origin and the destination of the passengers and the amount of fare.

Q. Would this record, including Defendant's Exhibit "K" designate the amount of fare paid?

A. Yes, it would.

MR. NEW: We object. It speaks for itself.

THE COURT: Sustained.

Q. How was this record kept in the course of your business down there, Mr. Witness?

A. In what respect, sir?

Q. Well, is it made by the cab driver?

A. It is made by the cab driver.

Q. In his own handwriting?

A. The aforementioned information, yes.

Q. He carries it with him?

A. From the time he reports for work and leaves the garage till he checks in for the day.

Q. It is the custom and usage of your company and followed by the drivers, to make the entry simultaneous to hauling the passenger?

A. He is supposed to, yes.

Q. After the passenger is hauled, reaches the place of destination, it is the custom of your company to have the cab driver make the record?

A. Yes.

Q. In his own handwriting?

A. Yes.

MR. ERBECKER: The defendant offers in evidence Defendant's Exhibit "K".

MR. NEW: The State objects on the grounds it is hearsay.

THE COURT: Overruled.

Q. Is Ulysses Pack available?

A. I can't say whether he is working today or not. I can find out if he is working, of course he would be available.

Q. Do you know his handwriting?

A. No.

Q. Could you get him to appear in this court without the issuance of a subpoena?

MR. NEW: We object.

THE COURT: Sustained.

Q. Does he live in Indianapolis?

A. That I don't know.

Q. Is he still working for the company?

A. Yes.

Q. Do you know his address?

A. No, sir.

Q. Do you know how to spell Ulysses? Is his address available there at your office?

A. Yes, it would be.

Q. I will hand you this exhibit and ask you if you will use the facilities of your company to secure the presence and attendance of the person of Ulysses Pack, who made the entries in Defendant's Exhibit "K" and have him here at 2:00 o'clock?

MR. NEW: We object.

THE COURT: Sustained under Rule 1-1E.

MR. NEW: No questions.

MR. RICE: No questions.

THE COURT: Exhibit "K" stays here. Mr. Cab Company, if you want that exhibit back you make arrangements and we will make a photostat and it can be returned under Rule 1-1E of the Supreme Court.

WITNESS EXCUSED.

MR. ERBECKER: Your Honor, the witness I subpoenaed for 1:30 is not here. I beg the court's indulgence till 2:00 o'clock and we will have both witnesses here.

THE COURT: How about 1:30?

MR. ERBECKER: Whatever the court says.

THE COURT: Ladies and Gentlemen of the Jury and Alternate Jurors, by agreement of counsel and with the consent of the State and defendants given in open court, the jury is permitted to separate. Do you have any other witnesses at this time, Mr. Erbecker?

MR. ERBECKER: Not at this time, Your Honor, no.

THE COURT: The bailiff will take you to lunch. Return to the jury room so we can start court at 1:30 today. Do not talk to anybody about the case and don't let anyone talk to you about this. Don't form or express an opinion on the case till it is finally submitted to you. Don't read any newspaper articles that may appear about the case and don't watch anything or listen to anything that may be broadcast about the case. Jury and Alternate Jurors are excused till 1:30 today. Court will remain in session.

JURY EXCUSED.

THE COURT: Anything to present at this time, Gentlemen? We are in recess till 1:30 today and please try and avoid the jurors - that is everybody as you leave to go to lunch.

COURT ADJOURNED.

1:30 P.M. AND COURT RECONVENES.

THE COURT: Are you ready with your next witness, sir?

MR. ERBECKER: He is not here yet. The man was located and was instructed to be here. That is all I can tell the court.

THE COURT: Have you got another witness?

MR. ERBECKER: I have got a Deputy Sheriff coming in at twenty-five till 2:00. He is here.

THE COURT: Bring in the jury.
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