The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-02-27

What were those ,nstruct,onsp ?"

What were those instructions?"
The court sustained an objection Il
/ the question on the ground that sucf
4 instructions had no bearing on tn,
/ case because Hooper had testified thai
/ ne arrested McCloskey for disturbins
the peace in the Pennsylvania house.
Did you receive any instruction.
from the chief of police to watch this
| MANI"
Another objection was sustained.
What would you say as to the con.
| dition of McCloskey as to being drunk
or sober at that timer"
II think he was pretty full"
Did you ever have any trouble with
McCloskey prior to that timer" asked
Mr.. Booth on cross-examination.
Il arrested him once before on the
sixth of July"
Had there been any personal diff
Guilty between you as to whether he
should stop at the Pennsylvania
house?"
II don't understand what you mean. "
II mean did you ever make any OBJ
lection to him stopping at the house ?''
mo, SIR"
What was the first thing he did
when you told him he was under ar
rest at the head of the stairs?"
He said, You d d.
you can't arrest me- and then he
grabbed my club. and 1 pushed him
down stairs"
did you strike him?"
Yes, 1 hit him several times"
What did he do when you got him
down on the sidewalk"
He said he would go with me If 1
put up my gun"
Did you put 1t up7"
mo, sir"
Were you afraid of him?"
Yves sir
name"
hOoper said McCloskey's resistance
consisted of his refusal to come along.
and he found II necessary TO use con-
siderable force. He had also struck at
him. Hooper also remembered that
while coming down the stairway Nc
Closkey said he would fix him and do
him up.
II. ]. Wannick, a young fellow who
had been stopping at the Pennsylvania
house, testified that he heard the land
lady ask Hooper to arrest McCloskey
and take him out of the house She
said he had been raising a disturbance.
He was placed under arrest and then
in some way got Hooper's club away
from him. McCloskey had been in a
quarrelsome mood all day long.
Was he drunk or sober?"
We'll, he wasn't exactly sober and he
wasn't very drunk"
Chief of Police Tebo was called to
testify as to some instructions he had
given Hooper regarding McCloskey.
but the court sustained an objection to
the testimony Mr.. Tebo, however,
testified that he had known McCloskey.
but he was not permitted to say how
he got acquainted with him. He was
asked If he knew the reputation of Nc
Cioskey as far as peace and good citi-
Zenship was concerned, and he said he
was acquainted with 1t, having dis
cussed the subject with other police
officers.
What is that reputation"
Il should say IT was anything but
good"
Hooper's reputation always was good,
said the chief.
Henry McMurphey testified that he
had heard that McCloskey's reputation
was bad, and he knew that Hooper's
reputation was good.
Thomas Lavell said that so far as he
knew Hooper's reputation had always
been good. Ed Hickey said Hooper's
reputation was No. !. City Detective
Meikeljohn said Hooper's reputation
was good and that McCloskey's was
bad in every particular OFFICER Bach
testified that he had known Hooper for
five years and knew his reputation to
be good and that of McCloskey to be
bad. He said he had arrested McClos-
key for stealing. Jerry Murphy, ex-
city detective, said Hooper had always
been a peaceable man and was well
thought of. Mr.. Murphy said he had
McCloskey several times for
petty larceny and that the police force
regarded him as a thief. Detective c.
c. Rhodes also spoke well of Hooper.
and said he had known McCloskey for
three or four years and knew him to
have a bad reputation. Mr.. Hooper was
recalled to say that when he arrested
he knew the mans reputa-
ton. and then the defense announced
the close of its case. The state had no
rebuttal TO offer, and Mr.. Mattlson adj
dressed the jury for the prosecution.
and was followed by Mr.. Lindsay and
Mr.. Cotter for the defense. Mr. Booth
closing for the state.
The case was submitted 10 the fury |
At about p. m. The police officers and |
detectives who testified regarding the |
reputation OF McCloskey. the prosecut- |
ing witness. were loaded with evidence |
TO back up their statements that his |
reputation was bad, but the prosecu-
ton did not ask a single question in |
discrimination and the officers had |
no opportunity to tell what they knew |
about McCloskey. The police claim |
hat McCloskey was implicated in a |
robbery somewhere and that several /
years ago he came very near killing |
officer Cantwell and another policeman |
n Butte, and that he was a tough citi- /
zen all around.