The Providence news. (Providence [R.I.]) 1891-1906, 1894-12-28
COOKS ASSAILANT.
Bound Over to Await Action by Grand
Jury.
Cook Told the Court How che Diff
Guilty Happened.

David F. Lingane and Osceola r. Cook
were in the District Court this morning.
ihe former was charged with assault
with a dangerous weapon with intent to
kill Cook, on Saturday, December 15.
Cook testified as follows:
81 was coming down Weybozset street
about noon with a man named George
Wallace, who says: There comes Lingane
now.' There were two men in front Of US
and l stepped to the left 80 as TO pass
them that / might get better look at
him. ! had one foot in the gutter and
tho other on the curbstonc. / saw
Lingane i'm the street and saw a gun
in his hand. knew hat he meant me,
so ! closed in on him with the intention
OF knocking him down or to disarm him.
As soon as he shot and i wes hit pulled
the whip and made for him. He
kept on shooting and followed
him rp. Four shots were fired and an
attempt made TO IRE the fifth one. but the
revolver missed fire. Lingane then ran,
and after him.
Charles A. Wilson, Mr.. Lingane's
counsel, asked Mr.. Cook II he knew Mr..
Linganc.
he answered: ayes. / do now, and
probably always shall"
When asked about the whip Cook
said that he did not carry the
whip to use 1t on Mr.. Lingane, but some
other man. Mr.. Wilson asked HIM il he
| knew Lucy Miller. Cook objected, and
he was sustained by the court. Mr.. Will
son wanted TO know where Cook lived dur
ing tho past Is years, but Judge Cooke
ruled that 1t was not necessary.
Hero Mr.. Wilson and Judge Cooke got
into little controversy. Mr.. Wilson
said that he had practiced law a good
many years and he thought that he knew
something about it.
His honor said: +" You will allow that
know something about law?"
"Oh, yes" was the reply, we must
allow that you do here"
The whip was again referred to, and
Cook stated that he bad tho whip in his
possession three days before the affray.
Mr.. Wilson wanted to know IL he had
been upon tue street either Thursday,
Friday, or Saturday without the whip.
Cook said that he did not have the whip
with him Thursday, nor late Friday af-
ternoon.
When asked why he wanted to see or
meeS Mr.. Lingane, he answered that IL
had been reported that he, Mr.. Lingane,
had been in his house and ne wanted to
get coed look at him SO as to soc IL he
was the man.
"Well why did you want to horsewhip
Mr.. Lipgsne "asked Lawyer w ilson.
II did not want 10 whip him" was the
reply.
why yes you did, you said SO few
moments ago."
Here Cook leaned over the witness rail
aud looked Lawyer Wilson in the face,
and said;
Nov Mr.. Wilson, DON'T lie. will like
you better IL you don't. did not say
that / was going to horsewhip him. 1t
was another man was looking after"
Mr.. Wilson replied that he did not care
whether Cook liked him or not.
Mr.. Wilson kept Cook upon the witness
stand nearly two hours.
The next witness was DIR. Smith OF the
Rhode Island Hospital. He gave q de-
scriptlon of Cooks wound, and when
asked il IL was dangerous, answered that
the question would have to be considered
by an expert, but his opinion was that il
was not a dangerous wound.
w. T.. Goff testified that he was one of
the two men in front of Cook snd Wallace
on Wcybosset street, just before the shoot
ing. Mr. Goff said that he knew both
men by sight. and rs he had passed Cook
n second or two before. and saw Lingane
coming, he anticipated some sort
OF "scrap." As soon as MIR.
Lingane passed him he turned
around and saw him pull revolver from
the right hand pocket Of his overcoat, and
shoot Cook. lie was positive that Cook
did not have anything in his hand until
after Lingane iircd the first shot. He also
stated thGt there were four shots fired.
Ile was followed by w. w. Gardiner,
who was with Mr.. Goff at tho time. His
testimony was about the same as that OF
Mr.. Goff.
Fred w. Arnold said that he heard
three shots fred Edgar M. ID x;er
swears that no heard but two shots.
Jamcs r. Fuller said that he stood on the
opposite side of the street and saw tho
trouble from the start. lie knew both
men by sight and saw them eppronch each
other. lie stated that Mr. iLingene cred
of Cook before Cook got ont his whip
Iio also said that he had
been interviewed by Mr.. Lingane
about the affair Ia the latter's Office; also
said that Mr.. Lingsne told him that he
wanted an Office boy, but did not say
directly that be would give him posi-
tion. He had promised Mr.. Wilson that
be would not say anything to Detectives
Pur.Ser or Merrell about the matter, only
In tho presence OF him, Mr.. Wilson.
Detective Merrill was the next witness.
He stated that he was with Mr.. Lingnnc
the evening before the shooting, ond had
conducted Mr. Lingane TO a car. after
which Cook approached him and asked
him II that was MIR. Lingane. When told