Morning journal and courier., 1883-01-25
The Court Record.

Superior COurt-Cr1mtnal Side-Judge HOveY.
 This court came in yesterday morning at 10 o'clock.
 The case on trial was that of Carroll, charged with murder in Wallingford.
 George ". Morse was the first witness. He has carriage and repair shop in Wal lingford and was and is deputy sheriff in that place. He was sent for to attend the jury of inquest by MT. Hubbard and to sum mon MT. Cassidy and other witnesses. He heard MT. Hubbard examining Carroll on the stand. The door of the court room was locked, and only opened to admit witnesses and those that were permitted to come in. The witness heard Carroll refuse to testify in regard to pair of overalls. In answer to 6 question of MT. Hubbard Carroll replied {: 'tDivil 8 bit more will I answer" Justice McKenna said in substance that the witness had better answer the questions or they would have to resort to other measures. Thomas Carroll the eldest son of the pris- oner, young man of twenty -three testified that he was present at the jury of inquest at o'clock Sunday afternoon and remained until a quarter past five, when he went down town and returned about o'clock. He then just learned that his father was at the Town Hall and that he was suspected of the mur- der of Michael Early. He went to search for his father and learned that he was in Mr. Hubbard's office. Witness tried to get in the office, but found the door locked. Constable Austin unlocked the door and let witness in where he for nd his father. There was a spring lock on the door. The witness told his father that he was suspected of the mur- der of Michael Early and was going to be held for it. His father told the witness that he wanted him to bring Henry F. Hall, the lawyer, and have him act as his counsel Witness found MT. Hall at his house and stated his fathers wish and Mir. Hall returned
 
 tance to the room where his father was
 After recess of ten minutes at a quarter to 12 Mir. Case said he desired to give notice that he proposed to make motion that the so called admission of the prisoner be ex- cluded. Mir. Doolittle in reply said that the State had closed it's testimony and it was an unusual proceeding for the evidence to be interrupted for the purpose of making mo. ton. It would be proper for the court to charge the jury as to evidence that should be admitted or excluded, and it was not al- lowable at this stage of the case to have Q motion of that character made.
 The court decided that the question as to the admissibility of the testimony of Francis Carroll, as to whether 1t was induced by promises threats, must be argued then. It was finally arranged that Mir. Case should begin his argument at o'clock and @ recess was ordered until that time.
 At the afternoon sessIon MT. Case began the argument. on the admissibility of the ad- missions of the prisoner before the fury of inquest. The court told the jury that as a question of law was to be argued they might retire to their rooms
 Mir. DooIittle in reply said that he denied the theory of the gentleman that the burden of proof was on the State. This jury of in. quest was simply an inquiry to ascertain the causes of death in one who has met with a sndden death. Carroll was not on trial. Mir. Doolittle read from decisions showing that the burden of proof that improper mems had been used in order to obtain con fessions or admissions of guilt lay upon the prisoner.