The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1900-11-14
COOK is FOUND GUILTY
CHIEF OF FIRE DEPARTMENT Is
CONVICTED ny MUNICIPAL
COURT JURY
HIT HENNEssY WITH LANTERN
Central Fact Was Admitted, Dispute
Being Entirely as to
Which Was the
AggressOr.

fire department, was found guilty by a
jury in the municipal court late yester-
cay afternoon OF assaulting David Hen
messy, policeman, with a lantern, and
today, unless steps are taken in the lins
Of an appeal, he Will enjoy the unenyiable
notriety Of standing before Judge Hine,
Of the municipal court, to receive SEN
tence.
The verdict by a jury of eleven men,
the pick OF a vcnire of over seventy-five,
was a complete surprise TO Chief Cook
who, while saying nothing, yet gave
every evidence of the chagrin and annoy
ance he was laboring under. Hennessy
Immediately on the retirement of the
jury, which was about 4:45 o'clock, left
the court room for home while Cook re-
manned and chatted with his attorneys
and those interested in the outcome He
was viSibly excited and seemed to count
the minutes until the appearance Of the
jury, which was shortly after o'clock
The verdict, 1--WE find the defendant
guilty of assault as charged" found him
listening attentively as it was read, but
he said nothing on it's conclusion, except
to hold whispered conversation with
his attorneys. He left the court room a
few minutes later.
The star witnesses in the trial, which,
to the surprise of all, consumed less than
half day, We're Patrolman Hennessy
and Chief Cook
Hennessy, who was the first on the
stand, told Of his connection with the
affair substantially as given in the papers
at the time of the occurrence, the even
ing of Oct. II. He said:
HENNESSY TELLS HIS STORY.
AS conductor of the patrol wagon at
central station l answered the call and
after acquainting myself with the sftua-
ton, stationed myself at the head of the
stairs on the second floor, that I might
Keep out intruders who had no right to
be there. The first one to come up was
Chief Cook, followed by Mr.. Gembe. the
proprietor of the City hotel Passing me
quickly he bumped into me rather rough.
~ and said, Get out of my way"
= am not in your way I answered
Passing on he stopped few feet away
and said:
Did you call me a s.?
thinking he was speaking to some one
up the stairway, L stepped back and
looked up, when he repeated the question
and looked at me. 1 made no answer.
and on this he swung his lantern, it
striking me in the side of the face. I
followed him with the intention Of ar
resting him and said So as / laid nv
hand on his shoulder, when Genlble in
terferred and asked us to stop fighting
until the fire was out
ST desiSted and went down stairs To find
one of my superior officers, but could
find neither of them, and returned with
the intention of arresting Chief Cook.
The attempt was frustrated by the fire
men Who interfered, and L went down
stairs, where 1 was taken In charge by
some one and the blood washed from nv
face
Under DISCRIMINATION he denied an
plying vile epithet to the chief Or that
he had obstructcd his passage on the
stairway. He contended that the chief
struck him from behind, and he was not
aware that the lantern was going to be
used until he was hit.
Attorneys Crosby and Palmer for the
defense, cross-examined the witness
heavily, and made an effort to show that
the witness had it in for the chief. 1t
was shown that Hennessy had known
COOK since 1884. An attempt was made
to bring up difference between the two
men at a fire in the Germania Bank
building in 1893, but it failed
WITNESSES OF THE AFFRAY.
.. e. Martin. a barber, and Pomeroy
Case, the bartender at the City hotel
saloon, were called and substantiated
Hennessy in his statement of the assault,
and also the fact that Cook had asked
Hennessy If he had called him vile
name.
Frank Gembe, the proprietor of the ho
tel, told what he saw of the assault. and
the fact that he had asked the men to
deslSt until the fire was out He did
not hear Hennessy use any bad language.
The defense tried to impeach thu char
acter of the Witness but the prosecu-
ton made vigorous objection and was
sustained.
CHIEF ON THE STAND.
Chief Cook took the stand, following
the announcement of the state, I'VE
rest"
Said the chief:
When the alarm sounded. shortly
after o'clock, I was among the first on
the scene, and, mounting the stairs.
made for the location of the lire, fol-
lowed by Mr.. Gembe, the proprietor.
who asked me to use as little water as
possible. Giving orders to use the chem
Ical, proceeded on up to see il the fire
had gotten into the next floor AS
reached the first landing I was JostIed
ard showed, but thinking it was a fire
man said nothing, but-attempted 10 c,.n-
tlnue on. With this, Hennessy, for 1t
was he, as 1 saw by the light Of the
lanterh' grabbed me by the collar and
said:
You can't crowd by me, you -
l shook him off and started UP the
stairway when he again made the same
remark, this time coming toward me
[ asked him who called me a s., and as
he continued to come on, 1 swung the
lantern, striking him.
He then attempted to take hold of me-
with the remark, you are under arrest,
but Mr.. Gembe asked him to desist until
the fire was out, and he went away.
"A second time he returned and made
an attempt to arrest me, taking me
roughly by the collar, when several fire
men interfered"
Next Chief Cook followed with an ac-
count of his arrest and rough handling
as he was bundled into the wagon. Al
the station he was detained until he had
deposited SIS.
His attorneys tried to show that Hen