Phillipsburg herald. [volume] (Phillipsburg, Kan.) 1882-1905, 1901-09-07
mANsLAudHTER 4TH DEGREE !
The Jury Brought In A Verdict This
Morning Finding MCCALL Guilty.

Morning Finding Mccall Guilty.
The jury in the Mccall case return
ed a verdict of guilty of manslaughter
IN the fourth degree. They were out
all night and only agreed about 8
O'Clock this morning.
The punishment prescribed by law
is from six months in jail to two years
in the penitehtiary.
The trial of George Mccall charged
with the murder of James Hopper jr.,
near Stuttgart on the night of June
Is or rather about 1 o'clock on the
morning of the 18th, was called as the
first trial case this term of court.
The empaneling of jury to try the
case occupied all day Tuesday and
Wednesday. The regular panel of
thirty jurors was exhausted and a
special yenire of twenty-f0ur men was
summoned. This was exhausted and
a second venire was drawn and sum-
moned by the sheriff and nearly ex-
hauSted before the jury was finally
completed. The following are the
names Of the jurors who were select
ed: r. D. Gingles, Rushville; James
Mangus, Arcade; Samuel Porter. Lo-
gan; T. j. Smith, Valley; j. W. Delay,
Plainview; II. N. Coomes, Greenwood;
L. a. Barnett, Kirwin; R. NJ Taylor,
Arcade; Peter Greene, Arcade; Rich
ard James, Kirwin; J. W. Keesee,
Arcade; w. NJ. Heine, Plum.
The introduction of evidence occu-
pied the day Thursday. Friday morn
ing the judges instructions we're read
to the jury, and the arguments made
by the attorneys. For the state
County Attorney BiSsell and G. A.
Lewis, for the defense, n. B. McCor-
mick and R. Frank StinSon.
Following is the evidence in detail
as taken from the stenOgrapher's notes
which through the kindness Of Mr..
Young, we are enabled to present to
our readers.
James Hopper, ST., father of the
dead boy, testified: The last time 1
saw Jimmie alive was on the evening
of June 10Th, and when 1 saw him
again he was laid out on cot, dead,
at the home of Joseph Rickert,a mile
west and mile south of Stuttgart.
He was shot in the right side.
DR.. G. E. Nelson went to the place
where James Hopper, jr., was killed
and examined him. The wound was
an inch to the right and an inch and
half below the point of the breast
bone, and about an inch in diameter.
He probed the wound; found it ex-
tended backward and upward to the
left about five inches. Death result
ed from hemmorage caused by the
wound.
Frank RhoadeS: I was at the dance
at RICKETTS, place the night of June
10Th. did not dance. Some of the
boys went out north of the house on
the hill. We were out looking for
fiddler. walked up by Mccall. just
then some one called for Jimmie Hop
per, and he was upon the hill about
twenty yards north. just as they
called and he started, George Mccall
began to shoot and shot four times
right toward where Hopper was.
Hopper came down the hill and said
he was shot, ran against the corner of
the house. and come on down and
Jimmie Costello caught him in his
arms and took him in the house. l
asked Mccall if his cartridges were
L. Il. - e
course they were" The hill north of
the house is abrupt and about as high
as the house. I stood about eight
steps east of the house. Jimmie Hop
per was eighteen or twenty steps up
the hill. Mccall stood at my right.
probably couple Of feet in front of
me. It was a starlight night. I
could see Jimmie Hopper coming
down. He said twice while coming
down the hill that he was shot. Nc
Call loaded his gun there again.
Johnny Bach came up and told him
not told him not to shoot any more
and he said, alright" and put the
revolver in his pocket. Then he went
in the house.
Cross-examination: Jimmie Hopper
played the violin mostly. This shoot
ing occurred a little after l o'clock.
The light shone out at the window
and door on the east. There were
others up on the hill besides Hopper,
two or three. I could see forms, but
could not tell who they was, and
couldn't tell Hopper It'll he came down
closer to us. After Mccall quit shoot
ing he said: 81 will bring them down
from there"
James Costello: I was at this
dance. George Mccall did some call
ing for the dance. He went out and 1
went out right behiud him. 1 saw
him fire four shots. He held the re-
volver rather across his breast and
fired northwest. 1t looked as though
he just pulled out his gun and shot it
off. l didn't know this hill was there.
1 thought hopper was joking when he
said he was shot. I stepped toward
l.