The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1877-03-07

Joseph Hook Kills John McShane About
Chew of Tobacco and is Arraigned

Especial to the sentiueIl

Especial to the Sentinel
BLooMINGEoN, Ind, March 1, 1S77.-The
trial OF Joseph Hook for the murder of John
McShane in Kerr's shoe shop here last No
yember was begun Tuesday. Mrs. Hook.
with Thomas Hanlin, auditor; Mr.. Welker
clerk OF Floyd county, and Captain Wool
sey, formerly master mechanic on the L., n.
A. and Z. railroad, arrived on the evening
train - attend the trial. Judges LafoIlett,
Buskirk and Duncafand Judge McNutt ap-
peared for the defendant, and Prosecutor r.
w. Miers alone for the state. Mr.. Miers
opened the case for the prosecution, going
very fully into the theory of the case and
the facts proposed to be proved
by his witnesses. Mr.. John Bus
kirk, in opening for the defense,
claimed that McShane, who was shot. was
quarrelsome man, and was largely response
bic for the quarrel; that the pistol found
was last seen in his possession, and that he
shot himself in the scuffie These argu-
ments occupied the whole of Tuesday. Yes
terday morning the introduction of testimo-
ny for the prosecution was begun by calling
DIR. Jas. G. McPheeters to the witness stand
to prove the character of The wound that
caused the death of McShane. Dr. Nc
Pheeters said McShane died from bleeding
from a perforated wound through the right
lilac artery. and that the wound had the
appearance of having been made by pistol
all or shot,
Josiah East was then called, and said
that he was in Sam Kerr's shoe shop on
Fifth street, Bloomington, about noon
November IA; that about that time John
McShane came into the shop and-sat down:
that soon after McShane came in and sat
down Joe Hook came in; that McShane
said to him, Get out of hereln When
Hook replied, lis this your house?" And
McShane said ''No, take seat joe" that
Hook then sat down and McShane said,
"Give me chew of tobacco, Joe;" that
Hook pulled out of his pocket small piece
of tobacco and gave it to McShane, who
took chew of it and offered the piece back
TO Hook, who refused it and said, mo, put
that in your pocket, and If that is not
enough L have more, at the
same time pulling larger piece
out of his pocket and extending it toward
McShane; that McShane put the small piece
in his pocket and made grab" at the
other piece extended to him, but that Hook
jerked it back out of McShane's reach,
whereupon they both laughed. That soon
afterward Hook got up from his seat, walked
to the front door, which was at the other
end of the shop opened the door, then
turned around to McShane and said, "You
God damned son of a bitch, that is the last
chew of tobacco you will ever get of me-"
That McShane then arose and taking the to-
bacco given him by Hook on the palm of his
eft hand, extended it toward Hook, and a
piece of bread or cake which he had been
eating in his his right hand; he advanced
do you mean Joe?" That Hook then reach
ed behind him, drew a revolver, cooked and
pointed it at McShane saying, Don't you
run agin that, or you will get hurt" That
McSbane advanced on up to Hook, and laid
his open left had on Hooks right shoulder;
that Hook then placed the revolver to
fc loff 81 do . H,,t +l~ot
the cap did not explode; that McShane then
got hold of the pistol, and wrenched it from
Hook and forced him backward with his
hip upon the floor and his body and head
against the wall and shoebench placed
his knee against him, and struck
him several times about the head
with his right fist, at the same
time holding the revolver in his left hand
out of the reach of Hook, who was trying to
recover it; that Hook succeeded in getting
possession of the pistol again. and said, "You
had it; now have got it." then placed it to
McShane's abdomen and fired; that McShane,
who up to this time had been partially bend
ing over Hook, Strengthened up, and Hook,
rising to his eet, caught McShane by the
lapel of the coat and pushed him across the
shop to the north door, where they remained
standing until John P. Kerr. who had heard
the shot. ran in and pushed them apart,
and asked McShane. who groaned, what was
the matter; that McShane began sinking to
the floor and said, Joe Hook has shot me;''
that in short time afterward McShane died.
The next witness, William Donahoo shoe
maker, who was in the shop at the time OF
the difficulty, bat run out before the fatal
shot was fred. testified to the main facts in
substance as East had stated them, with the
exception that he said McShane never got
possession of the revolver at any time.
John p. Kerr, the next witness testified
that on the day of the shooting he was in
his saloon adjacent to the shoe shop, and az
ter he heard the report of the revolver he
ran into the shop and saw Hook and
McShane standing up at the north door of
the room with McShane's right hand
on Hooks left shoulder and Hooks
left hand on McShane's left
shoulder; that he ran up to them and pulled
them apart; that the revolver then fell out
of Hooks left land, and that McShane
groaned and replied to the witness, who
asked him what was the natter: Joe
aud picked up the revolver, and placing 1t
in his breast pocket, said: That is my pis-
toll; he shot himself with it"
The two next witnesses. Daniel Crouch
and John Miers, testified to a dispute and
high words between the men about half an
hour before the shooting.
The defense consisted mainly of Hooks
statement and his good character for peace,
which he proved by number of witnesses
from New Albany and persons who had
known him on the railroad. Hook stated
that he did not go into Kerr's shop with any
intention of getting into difficulty with
McShane; only drew his revolver when he
thought it impossible to escape from
McShane, who was pursuing him in threat
ening manner; that he did not snap the
pistol. as testified by the states witnesses,
and that McShane shot himself in attempt
ing to wrest the revolver away from him.
The defense also proved that McShane was
a powerful man, and had the reputation of
being dangerous man, while Hook was a
very small man.
The state introduced evidence to rebuff
to the reputation of McShane as danger