The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-12-24
CASE OF HOOPER IS
GIVEN TO THE JURY
Slayer of Marshal Payne, of Fair
mount, on the Stand an Hour
Before the Arguments
SAYS PAYNE SHOT FIRST

Special to the Indianapolis Journal.
MARION, Ind, Dec 23.-The Harry Hoop
er case went to the jury after o'clock this
evening. The taking of evidence was COM
pleted just before the noon adjournment,
and the entire afternoon was used by the
attorneys in their arguments. Two hours
were given to each side for the arguments
Prosecutor Grant A. Dentler and Attorney
Foster Davis, who was called TO assist the
prosecution, made the arguments for the
State. Both urged that the penalty of death
be passed by the jury on Hooper. County
Attorney s. l.. Stricler spoke for two hours
in his appeal to save the neck of the de-
PENDANT He endeavored to show the jury
that Marshal James Payne, the murdered
man. was the first to shoot, and that
Hooper shot in defense of his own life.
Hooper was the stand one hour this
morning to testify in his own behalf. He
was given the closest of attention by both
the jury and the spectators. His story of
the shooting differed in a number of in
stances from that given by other witnesses.
He said briefly: Il had my overcoat and
cap on and was preparing to go to the
postoffice in Fairmont when Officers Payne
and Armstrong came to the Tharp board
ing-house. where 1 was living, and told me
they had a warrant for my arrest. charg-
ing me with breaking into the Harris store
on the previous night l got up out Of
chair in which 1 was sitting and left with
the officers, walking between them. We
had not gone down the street
very far until 1 put my hands in
my overcoat pocket, as 1t was
a little cold. In my overcoat pocket
found my revolver. L did not know 1t was
there. / remember that put Ii there early
that morning. but when 1 put the coat on
in the afternoon 1 had forgotten about the
weapon. L thought that l would be fined
for carrying the gun. SO / said, Jim Payne,
I'll go no further Payne made a motion TO
reach for his gun. then drew my gun
out first. Payne ran to the other side of the
street. He turned and fired and then ex
changed shots / fired three shots. / don't
know whether l hit him. 1 didn't know
Payne had been killed until l was arrested
at Tiffin, o."
The defense tried to prove that Payne did
not receive the fatal wound until after he
had crossed the street and partly fortified
himself instead of being shot while in the
middle OF the street and Immediately after
Hooper had drawn his weapon. The de-
Tense introduced a number of physicians
and surgeons who had examined the heart
of Payne and they testified that Payne's
death probably followed instantly after the
wound was inflicted and that 1t would not
have been possible for him to have walked
or run fifteen feet, get behind tree and
then fire three shots at Hooper, as wit
nesses testified he did. All of the witnesses
said Payne fired the first shot after he
reached the tree, but most of them testified
that Hooper fired before Payne crossed the
street
There has been much speculation to
the verdict of the jury. There have been
several murder trials in Marion within the
past few years, but no Grant jury has in
fiicted the death penalty in recent years.