The Press., 1894-04-19
THE COSTELLO TRIAL.

THE COSTELLO TRIAL.
 The evidence in the Costello trial at Holland last week seemed to indicate that Costello's bad reputation had directed suspicion to him, and that every step in the direction to which suspicion thus pointed brought corroboration. It is not a safe thing to do for man with Cos tello's reputation to steal pigs, butcher them on the spot and carry them home, leaving blood trails along the line, driv- ing familiarly known white horse on the errand, and when officers come to search have freshly salted hog, evidently hur- riedly and bungingly cut, in his cellar, a pigs liver and other entrails hidden in the well, and no traces of recent butchering on the premises, save bristles and blood on the clothing of hin self and accomplice. Rohan, who was with Costello, proved an alibi by his mother and brother, but the jury, by their verdict, dircredited this proof.
 After the opening of court at Holland on Thursday, Judge Toohey sprung sur prise by stating, I've rest our case here, your honor." Judge Wheeler then in- structed the lawyers to begin their argu- ments. w. A. King of Willimantic, as- sistant state attorney, opened for the state. After reviewing the case, he said: "The defense will speak of the weight of cir cumstantial evidence; but, gentlemen, sometimes circumstantial evidence is stronger than direct evidence, for circum- stances don't lie and men do.''
 Judge Toohey then opened for Costello, who had not introduced a witness. He spoke at first in such low voice that he gave the impression he was overwhelmed by the evidence against the prisoner. He said that the jury should not be preiu- diced against his client because he did not take the stand. The burden of proof lay with the state. Then, his voice expand ing, he told in ringing tones of the hate and prejudice with which the Mansfield farmers regarded Costello. Hesaid: "They talk him over in the country store in Mansfield. He is the subject of discus sion over every rail fence in Mansfield, until those witnesses come here like pur- chasers of tickets at country circus, crowding oyer each other in their anxiety to convict this man, whom they hate and despise, and the state asks that you con- vict Jim Costello on the reputation he bears rather than on any evidence they produce"
 Judge Toohey then sprang another sur- prise on the prosecution. He said; "This man Beebe testified that on the night of December he saw by the light of the and team, which he recognized as belong ing to Costello. He also recognized Cos tello by the light of that same moon, and he recognized the color of the horse and the color of the wagon by that bright, shining moon. In fact, gentlemen of the jury, he could see by that moon anything that the state attorney wanted him to see. And now have here in my hand an al- manac that tells me, and will tell you, that there was no moon on the night of the Eth of December that it did not rise until 6.45 in the morning, and in conse- quence this moon that did not appear makes Beebe liar, and there is an old saying, that a witness that is false in one is false in all.'
 | The closing arguments were made by Attorney Fisk, who made a great effort fto have Rohan acquitted. He was fol- lowed by State Attorney Reed. who ham, dled the case in a masterly manner, and wove the net of circumstantial evidence around the two prisoners.
 Judge Wheeler, in opening his charge to the jury, spoke to them as follows: | "Before proceeding to discuss the facts of the case, I desire to refer to one or two things that have been brought up in the course of the argument. It has been said that In the presence of the jury, or some of the jury, parties from this town, in which the crime was committed, have dis cussed the case, or discussed the persons who stand before you accused. If that has been done it has been done improper lly, heedlessly, and it was improper and l thoughtless on your part to have listened to. it. Your duty, then, if that was done, was, and your duty if such conduct is re- peated, is this Stop whoever talks con- cerning such matter, before you. stop their talk, turn away from them, go out of their way; and if they still persist, and it is certain that they are intentional in their conduct, report the matter to the court, and whoever the court may be, you may depend upon it that memory of the punishment of those persons will serve to prevent such remarks again in this county for some years to come."