Waterbury evening Democrat., 1905-07-10
STORY OF THE SHOOTING.
Officer Mclean Testified in the City
 Court To-Day.

The defense to the assault on Officer Mclean on the night of July Fourth by Antoni Zackwic and his brother who was killed, was told in the city court to-day before Judge Burpee. Of fer Mclean came to court with the aid of one crutch.
 He testified that it was about Il: :45 o'clock at night when he saw the ac- cused and his brother near the Liberty street bridge exploding cap canes. He told them to desist as it was against the city ordinance and their answer was to explode two more. He there upon put them under arrest and they went quietly for about fifty feet. Then they put up a fight. Half dozen blows were struck by the accused and his brother before the latter pulled a revolver and fired at the officer The officer fell but was immediately on his feet and the accused and his brother ran toward Lanes block where they lived and the officer fired five shots af- ter them. The officer was positive that three shots were first fired at him while he was down, but he could not say who fired them.
 Peter Wheelehan and Thomas Flynn told of their hearing the rumpus and Officeer Dunais was not certain that the revolver in evidence was the one he took from the accused brother. In the excitement he did not think of ex- amining it.
 The accused, who was represented by Attorney Guilfoile, was then sworn.
 He spoke through an interpreter, say inc ha hnan h11f fhprop months in the country and his brother was three years. He came from Rus sian Poland directed to Waterbury and got work in the Amerian Mills popularity known as the "Web Shop He was not aware that the officer was an officer. His brother asked the om- ficer why he should pull" them in when they were only celebrating the Fourth of July. They had gone about fifty feet when he felt someone pull him and then his brother tried to get away. The officer let him go and went for his brother who told the accused that he. should help him. He heard only one shot fired. He knew his brother had revolver but did not know that he had it with him that night.
 In dfsposing of the case the court said that the accused went a step fur ther than a simple assault. The fact that he went with the officer fifty feet according to his own statements, was evidence that he knew he was an Of ficer and the fact that he tried to get away aggravated the assault. Another feature prominent in the matter was the accused's own admission that his brother called upon him for help and then the actual trouble began.
 Cap canes are by no means toys, the court said. He was not sure that the accused could not be charged with conspiracy Then the court cited an instance in which two prisoners trylng to escape from the state prison, one of them fired at keeper and killed him. The prisoner was hung for the death of the keeper The other man set up the plea that when he planned to es- cape nothing was said about shooting. nevertheless the supreme court held the second prisoner was as much re- sponsible for the murder of the keep CT and he was hanged.
 Policemen wear uniforms for the purpose of showing they are officers of the peace and to distinguish them from the people in general. In view of the great disrespect to the law by people of non-Englsh speaking nation alty in this state and moreover in Wa terbury of late severe lesson should be given. The accused was accord ingly bound over under bail of S1,o00.