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T W OTELEGRAPH-HERALDJURY TO GET TROYMURDER CASE SOONposed of Robert I»wis, John O'Rourke, E. Fitzgerald, Frank Meagher, Michael Flynn, JamesPiekenbrock, John Arcnsdorf, Harold Herbnrger, Regs s. Kennedy,Farrier Baler, Mrs. Tom Grace and Helen Kies, Assistant County Attor-STATE RESTS ITS CASE AT 10:30!nev Cooney ttr*f read the indictmentAnAFTER SEVEN WITNESSESTESTIFY.DEFENDANT TAKES THE STAND |Says Gun Went Off While He WasLeaving Car; Accident,Ha Insists.The case of the State of Iowa against Clark Troy, charged with themurder of Charles Hos, on the night of Sept. 21, will go to a Jury which has heard testimony I fore JudgeI* j. Nelson, sometime Friday afternoon, according to present indtcallona. The state rested Friday mornmg around 10:30 o'clock after having placed seven witnesses on the stand A motion for a directed verdict for a rjuittal, made by defense counsel was denied. I p to the noon hour the defense had placed four witness ea on the stand and It was Indicated that but two more wiltnesses wereto be called.Troy wag Indicted l» the Octoberterm of the district court grand Jury with three others, for the murder of Charles Hos. at a garage near his home on Kush street. Troy fired the fatal shot In what the state hassought to prov**, was an attempt to hi Jack liquor front Hos as it was being delivered by two alleged booze runners after purchase had beenip gotiatu4 through Hos from anotherparty.Defendant on Stand.The high spot In the trial of the case occurred Friday morning when the defendant, Clark Troy, was placed on the stand. His story was in direct contradiction to that told by the widow, her son Inland and 8h»rifl Frank J. Kennedy.His story was to the effect that hlt;with the others had driven up to theHos garage to get the booze which they arranged to purchase. He stated in response to questioning by counset that he had gotten out of the car.had started to remove tire tools and a Jack and was lifting the shotgun out when it went ofT. Hos, he testi-tied. was standing dinrtly in tinpath of the load and received prat ti cally its entire contents.He testified further that Hos re fused to go to a hospital in their car and that his widow and son insisted that he be taken to the homeFurther testimony had to do with the disposition of the gun, summoning the ambulance, sheriff and a physl eMB.which charges Troy with the crimeof murder, and stated that the state expected to prove all material allegations in the indictment as reurned bv the October term of thedistrict court grand jury.Outlines Case.He then went on to say that theMate intended to prove that on the night of Sept. 21 two men came to the llos home on Rush street seeking Mr. Hos, who was not home at the time but in a garage located nearby. They then left. Later a car drove into the alley and near I a door of the garage. Hot, the deceased. the prosecuting attorney de- c la red, was outside of the garageand two Lister brothers of K.i-t Iubuque on the inside. We came to get liquor,” the prosecuting attorney declared, quoting one of the fourwdfdateskept hthe pun 1 e s IUnitedIt wrentlythat tla wetSmith.It pihut no casual is notmembers olater Hosthe gang. A momentto the floor after theThe state expects to show5 further that when the son and mother came baik to the garage Troy and Kirby were trying to get him into their car to take him away and that the wife of Hos objected to it and had the two aid her in taking Hos into his home The state also expects to prove that a son of Hos (Iceland. 13) was offered money to conceal the gun and say that the shoot ing was an accident.Hos Accuses Troy.‘‘When Charles Hos knew lie wasdying he said “There’s the man (in dicating Troy), and he did not giveme a chance,** was the statement of State's Attorney Cooney.“He shot me whtla my hands were over my headThey went to the Hos home for the purpose of robbery or hi jacking, he further stated and declared thatthe state intended to prove all thosefacts. With the court opening at 2o'clock he consumed only 15 minue* for his opening statements.Statements For Defense.• tSo Chica#was clt;«idedl; had blt; UamschoolBritisluntilfoundity irmakewas it dragoi had e; on th# Butman nHermayoipro-Bi brarv. I)a ytook 1All wBf IIi ea n I!Bring Out Record.On cross examination the criminal record of Troy was brought out by M I). Cooney, assistant county attorney and A. J. Kane, count} attorney Troy admitted on the stand that during the past year he has served six months in the house of correction at Milwaukee and during th*- last five years was a prison er at the Stillwater, Minn , state prison, for a period of three years, having been found guilty of a felonyMrs. Charles Hos, widow of the deceased, was the first witness to be called to the stand. Her son, Iceland 13. was the next. Others to testify before the state rested included Sheriff Frank J. Kennedy, Melvtn Zuber, Ir Wayne A Johnston. Ur Charles Paien and John Feipel.The defense placed Alfred andWilfred I .ester, both of East buque, and said to be thebtK»ze runners, on the stand, Emmett Kirby, with Troy at the time of the shooting and the defendant himself, Clark Troy during the morninghours.Counsel for the defense stated that the defense intended to prove that Emmett Kirby had ordered whiskey from Hos through Lyons, that a sale was made and that Hos had phoned the Lyons home, where the boys were staying, that he wanted to see Lyon*. Zuber and Lyons, the defense Intends to prove, went to the Hos home, were told that the liquor was there and then went and told the boys. They then got into a ear and went to the Hoc garage, where?hef believed the stuff was located.and evidence will show, that while there, in some accidental mariner the shotgun. In the hands of Troy, was discharged The defense in tends to further show that there wasno intent to kill llos.Yessuedbrarv tour Iing n magai wise i“I i“thatbiasecsultin ica atBut boon* read i **f t that loriesobjectwouldHehis blt; on hiGirNot Much Interest.Slight interest is being evinced in the case. Where the booze runners were at the time of th« fata) shooting has been determined in ameasure, but has not been clearly brought out. Where one of the Lyons youths and particularly where th*one who arranged the liquor purchase was at the time of the shoot ing has not been brought out as yet With Sheriff Frank J. Kennedy onthe stand the determination of “hijacking was sought by the court and counsel for the defense The sheriff stated that hi jacking was a slang term in certain circles for rob bery in response to a question from the court.On cross examination he stated that it was generally defined as an act whereby liquor was to be stolen from runners or othersSheriff Testifies.Sheriff Frank J. Kennedy was placed on the stand late Thursday afternoon He hold graphically of going to the Hos home and finding him lying on a sofa bolding a towel o' er a gaping w ound. He also te»ti-fled as to placing Kirby and Clarkunder arrest and leaving them out side in charge of Iteputy John Feipel The deputy later on the stand verified the testimony of the sheriff.Counsel for the defense further staff'd that after the fatal shot Troy-declared, My God! I did not meanIt, to which Hos is said to have replied, “I know you didn’t.That the defense intends to introduce evidence to the effect that there was no motive in the shooting that they merely went to the to get liquor which they hadordered from Hos t hrough Lyons.Widow on Stand.Charles Hos, widow of the deceased, was the first witness to be placed on the stand. She recited.In response to questioning by coun set for the state, events on the night in question as to how- two youths had visited the home and laterheard a shot and that she, with her son. Iceland, 13, had gone to the garage. Testimony further showed that when she arrived there she didnot see her husband and did not know of his whereabouts until she called him and he answered.She further testified that she found him on the tloor of the garage and asked Troy and Kirby to help her into the house with him Other testimony was to the effect that theyouths were seen whispering and that they finally came to her and requested her to state that it was anaccident and that th*-y would pay all bills and provide for the family until Mr. Hos was well again.Questioning on the part of thestate elicited the fact that the two.Troy and Kirby, shook her husband and asked him to say it was an accident and that be said, “no.At this point the state introduced six exhibits, consisting of the clothing of the deceased and a gun. a single barrel shotgun, said to have been the one which inflicted the fatal wo u nd.Cross Examination.The witness w-as then questioned as to arrival of the sheriff and a deputy. In cross examination the witness, in response to questioning. jKorn stated that she had requested onejcil ft of the boys »o phone for an ambu- pose lance and a physician and that theytrton,John1Saralductrchar.Mrs.ber cBuI’uor!
Newspaper Details
Dubuque Telegraph Herald And Times Journal
Dubuque, Iowa, US
Fri, Oct 28, 1927
Page 2
Full Page
Clipped by
Porter C.
IN, USA 12 Aug 2018
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