The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-02-26
HOOPER And HIS GUN
he Will Explain Why BE Fired at
John McClOskey.
1T HAPPENED LAST AUGUST
Case Wherein a Policeman Ar
rests a Man and Is Charged
With Murderousiy Assault
ing His Prisoner.

ssulted and shot at one John McClos-
key on the 22nd of last August while
pretending to arrest him, was on trial
before a jury in Judge Speer's court
yesterday on the charge of assault in
the first degree. or assault with intent
to commit murder. The regular panel
was exhausted before a jury was OBJ
tanned and special venire had to be
issued. The jury finally drawn was
composed of William Cole, Joseph c.
Hoar. F. A Goabel. A. A. Erhart, +. T.
Beebe. Patrick Cosgrove, William Cur
tbs, William Bergman, w. ". Boyer.
James Shackleton, c. f. G.. Pringle and
o. L. Baer. The prosecution was con-
Quoted by Charles Mattison and +. s.
Booth. deputy county attorney, and
the defense by John Lindsay and John
w. Cotter. Mr.. Mattlson, in his open
ing statement to the jury, said the
evidence would show one of the most
aggravated cases of assault in the first
degree. The prosecuting witness, John
McCloskey, was rooming at the Penn
sylvania house on East Park street
and on the evening of Aug. % he went
home and stopped at the head of the
stairway TO talk with another man and
the landlady and while engaged i'm
such conversation Officer Hooper came
up behind McCloskey and ordered him
out of the house. He offered no ex-
PLANTATION and McCloskey stepped back
and Hooper struck him over the head
with his club. McCloskey backed down
stairs and Hooper followed striking
him repeatedly with his club and Nc
Closkey grabbed the weapon whereup-
on the officer let go of II and pulled
his revolver and pointing IL at Nc
Closkey ordered him to get out of the
house and forced him out on the side
walk, McCloskey all the while protest
fnr oVaA
Ger. On the sidewalk Hooper beat Nc
Closkey over the head repeatedly with
the revolver and then started up the
street with him and striking him at
every few steps. They had not pro-
ceeded far until they met Deputy Sher- !
III Elderkin, who requested Hooper to
stop beating the man and offered TO
assist him i'm taking McCloskey to jail |
Hooper, however, paid no attention to |
the offer and said he would give Nc
Closkey what he deserved. and with |
that he pushed the man away from /
him and fired a shot deliberately at |
him. The bullet miraculously missed |
McCloskey and lodged in his clothes. |
Mr. Madison said there was no doubt |
that II was Hoopers intention to kill
McCloskey
McClosSey was the first witness call
ed to the stand, but before he could |
give any testimony Mr. Cotter entered |
an objection TO the introduction of any |
testimony under the information on the |
ground that the information charged |
two separate and distinct offenses. one |
onense was the beating inflicted on |
the prosecuting witness and the other
was the shooting. Mr.. Cotter cited sew
eral California decisions in support of
his objection. Mr.. Booth, I'm reply. said
the questions could not be raised I'm
an objection to the introduction Of tes-
timony as the same matter had been
raised In demurrer and ruled on by
the court.
Mr.. Cotter further said that more
than one count could not be contained
In an Information unless they related
TO the same act and cited Mr.. Booths
to the new codes in sum
port of that proposition.
Judge Speer said IL was evident TO
him that the demurrer to the informa-
ton should have been sustained, but
the matter was not argued at that
time and not called to the attention of
the court The only question now. was
or not the error could be rem
edied by requiring the county attorney
TO elect upon which count of the infor-
nation he would rely. After looking
up authorities for an hour or more the
court overruled the objection. but re-
CURED the state to elect upon which
count IL would go TO trial on Mr..
Booth selected the second count and
Mr.. Cotter objected again on the |
ground that there was no provision i'm
The law giving the county attorney au-
ihority To elect upon which count he
would go to trial The objection was
overruled and McCloskey begun his {
testimony. He said that while he was
talking TO the landlady Hooper came
lp TO him and said Damn YOU. get ,
'ut OF here and then tried TO throw
him down stairs and also tried TO
strike him with his club. McCloskey
packed down stairs and Hooper fol-
owed, striking him over the head and
dcCloskey put his hands up to protect /;
himself and grabbed the club. where
lpon Hooper pulled his revolver and ,
lsed that as club. When they reach !
ID the sidewalk he handed the club :
'ack TO Hooper and asked him not to :
trlke him again as he would go along )
With him without trouble. Hooper
wore and then struck him again with
he revolver. Deputy Sheriff Elderkin
anne up and told Hooper 10 stop beat
ng the man and said he would assist .
n taking McCloskey to Jail but the ! \
after said he would go along and no 6
ssistance was needed. Hooper pushed 4
,iderkin away and told him to mind )
is own business and then struck Nc n
'loskey again. Elderkin again inter- q
cred and was again told 10 keep on. .
nd Hooper pushed McCloskey away a
nd, with the remark. Damn you. I'll n
i've YOU what you want" took DELHI !,
rate aim and fired. The bullet passed a
trough the lapel Of McCloskey's coat
nd lodged in his clothes, where il was
fterwards found. There was nothing
1 the way TO stop the bali and Nc n
loskey could not explain the remark 4 n
bic circumstance Of IL not passing ! n
trough the coat. but thought il was | n
Ne 10 the fact that he was so close TO IL
topper that the ball had no force. Nc .,
loskey said his head and face were ,,
)vered with cuts and the blood was a
roaming from him. on crOss-eNami- n.
alton Mr.. Cotter asked II IL was not q
fact that McCloskey was drunk on y.
TAT day and had created trouble in
ie Pennsylvania house He denied H. ,,
Did you not kick i'm the door OF the
Hce2" g.,
Il did not" said the witness en- 9,