The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-02-27
JOHN HOOPER FINED
The Policeman Who Was Charged
With Assault in the First Degree.
HE WILL HAVE TO PAY $50
II Required Only Eight Jurors to
Agree on a Verdict-The Testi-
mony In the Case-The De-
PENDANT Expected Acquittal.

tent to kill John McCloskey, whom he
attempted to arrest, was let off by the
jury last night with a fine of $3.50, on
verdict of assault in the third degree
or plain assault and battery. The YER
dict was not unexpected and Hooper
and his attorneys were congratulated
on getting such a light verdict and
sentence. though the defendant
thought he should have been acquitted.
an expectation that was not justified
by the evidence 1t required only eight
jurors to agree on a verdict of assault
in the third degree. The trial was con-
cluded early yesterday afternoon and
the jury retired about 5:45 o'clock The
verdict was reached about $3.50 o'clock
in the evening. Sentence will be for
mally pronounced by the court on Sat
urday
Deputy Sheriff f. ID. Elderkin was the
first witness on the stand yesterday
morning, and testified that about IL
o'clock on the 21st of August last he
passed along East Park street and saw
Officer Hooper and McCloskey scuffiing
on the sidewalk. Hooper had his club
in his left hand and the gun in his
right hand and was striking him with
both. McCloskey said John, don't
kill me, I'll go with you" Elderkin
interfered and asked Hooper not to
strike the man and Offering to assist
him. He told me to get out of the
way on he would give me the same
and at the same time threw his re-
volver back toward me and / stepped
back and Hooper went up to McCloskey
and struck him again."
Mr.. Elderkin said the blows forced
McCloskey down and then Hooper
stepped back and. with the club in his
left hand and the gun in his right, he
took deliberate aim at McCloskey, say
ing, "I'll fix you" and fired. I'm shot"
said McCloskey. You tried to kill me,
and ] guess you have done it,
Mr.. Elderkin then went UP to the
man and said to Hooper: I'll take
care of this man If you can't"
McCloskey was placed in a hack and
was taken to the county Jail. In search
ing him the bullet was found in the
heavy lining of his coat lapel. A doc
tor was summoned and dressed the
mans wounds. The bullet had not pen
etrated the body. McCloskey's coat and
vest and the bullet were introduced in
evidence.
On cross-examination by Mr.. Lindsay,
the witness said he knew nothing about
any trouble between Hooper and Nc
ClosSey before they reached the side
walk. When Elderkin came up to them
Hooper had both the club and the revol-
YER in his hand.
How often did he strike him?"
Il am positive he struck him once or
twice with the gun and then with the
club"
WAS anyone between you and Hoop
er when he struck McCloskey?"
IF there was, l didn't see them"
said Mr.. Elderkin. 1.-The atmosphere
was so thick with rage and profanity
that IL was rather obscured."
Who was doing the swearing"
Mr.. Hooper"
'McCloskey wasn't using any pro-
fanity?"
mo, sir; all he said was, For Gods
sake, John. quit beating NELL go
with you. That was all he said, and
then Hooper stepped back and shot at
him."
What did you do toward assisting
Hooper,"
Il placed my hand on his shoulder
and asked him to stop and said l would
shooter in my face, and that parted
us"
What do you know as to McCIos-
keys drunkenness at that timer"
Il have not had much experience with
drunken men, but so far as l could
tell he was sober-perfectly sober"
Hooper ordered McCloskey TO go on. J
said the witness.
And he refused to go?" asked Mr.. J
Cotter.
NO. sir; he didn't refuse. He begged |
like child and tried to get away from |
the blows. Every act of his was sub !
missive. He begged Hooper not to kill |
him. and said he would go with him to |
Jail"
When he fired the shot. did he take
deliberate aim?"
Il don't know that he took deliberate /
aim, but he stepped back deliberately /
and leveled his gun deliberately, but /
whether he pulled the trigger or IL went /
off by spontaneous combustion 1 could |
not say"
Mr. Elderkin said he did not intro
duce himself to Hooper as an officer |
when he went to assist him. but said |
that he had met Hooper before and that /
they knew each other.
Can you explain why the bullet did |
not enter the body?"
NO; but / can give you my idea of
II. Some bullets, or cartridges, have !
not the same force as others. This bull
let seemed to have struck fiat and went
through the double thickness OF the la I
pei OF the coat and against a heavily
paddle vest, which stopped it,
You say IL is the habit OF bullets to
turn?"
mo, / didn't say so: inanimate sub
jects don't have habits"
on redirect examination Mr. Matti-
son secured permission from the court
10 ask Mr.. Elderkin regarding some /
he had with Hooper re-
garding the case and the witness said I
that McCloskey was at first charged I
with disturbing the peace and resisting
an officer and was held I'm Jail. Hooper
was out on bail and came to Elderkin
and said 10 him that IL McCloskey
were let out OF jail he would leave and
disappear and in that case would not
appear against him (HOoper). Hooper
said he could get bonds for McCloskey
and get him out of Jail and then he
wouldn't be here when the case came
up. Mr.. Elderkin replied that he would
not be a party TO any such scheme.
and then Hooper asked II Elderkin
would oppose a bond given for Nc
closkey's release and the deputy sheriff
said he could not oppose a good bond
and that IL was none Of his business
anyway. but that IL II came to his
knowledge that McCloskey was going
10 leave the county Il would be his !
4rrsnr 20. Ff ]