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

ness was asked who first mentioned
the matter of McCloskey's release and
he said Hooper brought 1t up after
apologizing for throwing the gun In
his face and said he had nothing
against Mr.. Elderkin.
Did he ask you what you would tes-
tify tor"
No; l guess he knew what 1 would
testify to-"
The witness said that he and Hooper
had been better friends since the day
of the shooting than before
He has courted my friendship ever
since and a dozen times offered to treat
me-"
HIS treating you, suppose, Is what
cemented your friendship"
mo, sir; but we got better acquaint-
ed. do not drink nor smoke"
But you accepted his invitations ?''
Il accepted several cigars but when
he preached the subject of McCloskey's
testimony 1 had nothing more to do
with him."
You don't think that every man
who offers ITO treat you means to bride
your"
mo, sir"
Archie McNally, the next witness,
testified that he was coming along East
Park street at the time of the row In
the hallway. Hooper was standing on
viz UP StdiT Will IL gun III MS mana
ana McCloskey was some steps further
down with the policeman's club in his
hand. The officer forced McCloskey
down to the sidewalk and when they
reaohed the walk Hooper got his club
back and then struck McCloskey over
the head with the gun and club and
soon afterwards fired shot at him.
The only words the witness heard pass
between the two men was that Hooper
to
same time struck at him with the gun
McCloskey kept answering, TN go;
don't hit me-"
David Whalen testified that he saw
Hooper club McCloskey with a gun and
then push him off and fire at him. Nc
Closkey had the policemans club when
they came down stairs and then handed
the club to Hooper and said, 'Ill give
you your club"
James Larry also witnessed the af
fray and heard McCloskey beg him to
stop, and saw Hooper take several
steps backward and take deliberate
aim at the man and shoot
You don't like this policeman very
well?" said Mr.. Cotter, on cross-ex-
animation
Il have nothing against him"
You didn't say you would fix him in
this case?'
Not that I remember Of"
OLeary saw Deputy Sheriff Elder
Kin come up and offer to assist HooDer
The latter threw his gun back toward
Elderkin and told him to mind his own
business and then went up to Nc
Cioskey and hit him again, and then
stepping back, said, You I'll
give you what you want" and fired at
him.
You knew he was going to shoot7"
said Mr.. Cotter
Il couldn't tell what was in the
mans mind"
You didn't care to know"
You don't need TO answer that
said the court.
Dan Conley testified that when the
two men came down the PENNSYLVANIA
house stairway and McCloskey said he
would give Hooper his club If the lat
ter would put up his gun, Hooper
didn't put up the gun and McCloskey
handed the club to the officer ANYWAY.
Then the shot was fired. Conley said
didn't seem to want TO go
along. 1t made Hooper mad. so he
took shot at the man.
The prosecution announced the close
OF It's case and John Lindsay made the
opening statement for the defense. He
said II would be shown that McCloskey
had raised a disturbance in the Penn
Sylvania house and had kicked in the
office door. The landlady called on
officer Hooper TO eject McCloskey and
The latter forcibly took his club away
rom MN and repeatedly tried to strike
Ihe onicer with IL. He refused to ac-
company the officer and the latter was
compelled to use force, and the gun
vas discharged accidentally McClos-
Key used violent and abusive language
and threatened TO lay the officer out.
Hooper. the defendant. was put on
he stand and testified that he first be-
'ame acquainted with McCloskey AT
ne Pennsylvania house in the latter
part or June or the first of July when
poth We're rooming at the house Hoop
n had some interest in the house
ABOUT IL O'Clock on the night of Aug
y ne went in the back way and found
talking with the landladv
ma she asked the officer to arrest the
nan because he had raised a disturb
lnce. She said he had kicked in the
,ihce door but he denied II. Hooper
men placed him under arrest and Nc
Cioskey took the officers club away
rom him.
was on duty as a policeman nj
nat time, said Hooper, in the course
u his testimony. II had to force him
Town stairs. He kept the club until
We reached the sidewalk. L asked him
o go on but he wouldn't go. He said |
nat II would put up my gun he |
would go with me- | wanted the club
ma had TO take IL away from him. /
hen told him to go. but he would not |
move Then somebody came up and |
ouched me on the shoulder, but / |
ldnt know who IL was. ] tried TO push |
icCloskey along. but he continued TO |
esist and / struck at him with the gun
nd IL went of accidentally. / did not |
tep back and take deliberate aim. /
vas at no time out OF reach OF the /
lan. / had no intention OF killing Nc /
'loskey and had no reason for wanting |
o Kill him. l pushed him away Just |
efore the gun went OF"
Had you received any instructions |
rom the chief of police relative TO |
icCloskey?" asked Mr.. Lindsay.
haA