Waterbury evening Democrat., 1895-08-05
COOK BOUND OVER.

Antonia Spadola will have to furnish a heavier bond. Dr Robbins testified in the city court to-day that he visited Errico this morning and found him not as well as he was week ago. Hisfever. pulse and tenn perature were high. There were indica- lions of blood poisoning and he feared the man was going to die. He was receiving no care and had no nurse.
 Prosecuting Attorney Webster said that under the conditions the bonds should be raised. sA
 Judge Cowen thought Spadola should be taken to the bedside of Errico and identi- fled.
 Detective Egan said this had been done.
 Judge Cowell then said the mans ante mortem statement should be taken.
 Selectman Morris was sent for and Judge Cowell said: ''It has come to the knowl- edge of the court that this man Errico is not receiving proper care. The town should look after him"
 Seiectman Morris said he would remove him at once to the almshouse.
 The bonds were fixed at $1 ,000 and the case adjourned until one week from Mon- day.
 ANOTHER ASSAULT CASE.
 Bondsman Howard surrendered James Morapl charged with assault on James Cor man., He said that he had not the time to be coming to court. Dr O.Hara testified that German was in a pretty far condi- tion., It was only matter of precaution now. to keep him in bed. The only thing to fear was that pieces of the bone might become dead and brain fever result. In able to be out. The bonds were reduced from $1 ,000 to $500, and the case ad- journed until two weeks from to-day. John E Finley went bonds for Moran.
 THE LYNCH CASE.
 In the case of Edward Lynch, charged with stabbing Edward Bowling, Dr Mo- Donald sent word that Bowling was still at the hospital and unable to be out. Lynch is still confined in the station house, being unable to get bonds The case was ad-
 burned until next Saturday.
 FINED FOR SHOUTING CHEESE IT.
 John White. aged IT. was charged with preventing the arrest of 8 criminal by giving information. Officer Pagan said that the officers had been after a young fellow named Dillon, who was raising trouble on the Abrigador. They bad chased him several times and shortly after midnight Saturday Officer Pagan saw Dill lon and would have captured him had not young White shouted "Oheese it." Dillon, the cops are here." Officer Pagan took charge of White and asked him what he did that for. White said he knew Dillon and did not want him arrested. He did not know the police were coming, he only shouted to scare Dillon to get him home. He told the same story in court. He was fined $1O and costs and appealed.
 THE COOK SHOOTING CASE.
 The case of James W. Cook, charged with shooting Mrs Elizabeth Niedman on the night of June 25. occupied good part of the morning Attorney Kennedy, who defended him, put up a strong de- fense. The story of the shooting has been told in these columns before and was re- peated by Mrs Niedman, Mus Marcus Hellmann and Mrs Lena Honninger They were attending 8 meeting in Pfaff's hall on Grand street. A German parade was going by and the three were standing at an open window looking at the parade. Suddenly Mrs Niedman exclaimed, Some one has hut ma The other two women discovered that she had been shot in the breast. The bullet is still in Mrs Nied- mans body and she is suffering from the effects
 Mrs Hellmann. John Martzell and Adam Faber all testified that they had seen a man shooting revolver from the yer nda where James M. Cook hasa restaurant. AAO wv A4Oh c0" hAAA nEC LuEo6 buOIS lutO the air.
 Sergeant Dodds' testimony caused Attor- ney Kennedy to enter several objections The sergeant testified that, Cook denied doing the shooting. The sergeant found two cartridges in the house and an empty shell in money drawer. A box of car tridges was found behind a tree in the rear yard. The cartridges were similar to the ones in the pistol. Attorney Ken nedy objected to the introduction of this testimony, as Cook should have been taken to the place where the articles were found. He cited as authority the Debs case and the Griswold case in Hartford, where papers were taken from desks and the court ruled that officers have no right to l enter private dwelling without the &C., cused b, lug present
 Prosecutor Webster said such a state ment was absurd. If man was appre- | hended red handed after committing 8 murder officers would have the right to | secure any evidence or any article that | might pertain to the crime.
 Judge Cowell allowed the evidence Sergeant DoddS then started to tell of | Cooks confession. Attorney Kennedy again objected until he could cross ex- | anime the witness to see whether he scared the prisoner into a confession. This objection was sustained. Afterwards l the attorney asked to have Sergeant Dodds excluded from the court room until he made statement, as he did not want to educate the sergeant how to testify | Attorney Webster said such thing was unheard of and Judge Oowell allowed the sergeant to go on. He SC id the boy denied three times that he did the shooting. He had told him he need not say anything un- less he so wished. He showed him the cartridges and shells found at his home. Cook, he said, finally called him in and said hs would own up and tell him the whole story. He had fired the revolver five times. He had no intention of harm ing anyone. He had loaded up the re- yolver again.
 | Detective Egan told of arrssting Cook and the latter giving him the revolver. | Attorney Kennedy did not put Cook on the stand, but argued for his acquittal on the ground that an accident was not 8 criminal offense.
 l Attorney Webster argued that the man was using firearms, which was against the law, and also that a woman had been shot and there was good ground for binding | over.
 Judge Cowell refused to discharge the prisoner.
 Attorney Kennedy then put Hack Driver William Longworth on the stand, who tes- tified that the night in question he was driving down Grand street. His horses became scared and plunged into the par sde. He saw four or five men in the par ade and one of them was shooting revol yer in the air. He thought it was one of the Turner's. It was right in front of Hellmann's on Grand street.
 Attorney Kennedy then put Cook on the stand, who told the story of the shooting, He said he denied shooting first. because he was scared when he heard there was 6 woman shot.
 Cook sad he did not know Mrs Niedman until introduced to her week ago by Mrs 1 Hellmann. He had not been drinking that night and had not hidden the cart ridges in the yard. a l In rebuttal Emil Steinmeyer testified that he was firing 8 revolver with blank