Mr. Toone, who stated that he worked as Mr. Shoppee's assistant in the local branch of Messrs. Parke, Davis & Ca, said that he was with Mr. Shoppee on the afternoon of December 31. They left the office together at about 4.10, and went to Mr. Shoppee's apartment in the Embankment Building. They each drank about two Martini cocktails, and they remained in the apartment for about fifteen minutes.
Mr. Shoppee asked witness if he had time to drive him to Broadw: Mansions, as he wished to see about some fittings in the flat which he was intending to occupy there. Witness put Mr. Shoppee down at the main entrance to the building, and deceased walked around to the east entrance. Witness told Mr.
Shoppee that he would wait for hu and told him "not to be too long He stayed outside the building for about ten minutes.
As Mr. Shoppee did not come out, witness went into the building at the east entrance, and ascended to the second floor in the passenger lift. "On opening the swing doors opposite the freight lift where the accident occurred," said Mr. Toone, "I saw the passage was in darkness I did not care to proceed, and told the boy to take me down to the bottom floor again. The corridor lited none too well. "Witness he noticed a dark space swing doors which He
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