The daily morning journal and courier. [volume] (New Haven, Conn.) 1894-1907, 1898-02-04

Cooks possession was just the amount
that it should be II the story of Cook
as to the payment to him Of $50 by
Captain Hodgdon was true. He held
that no one could concoct such a story
as Cook had told, Although it was
true that Cook had been induced to
commit crime that did not show that
he was mentally unsound. AS Mr..
Wheeler concluded his argument, Mr..
Williams offered to nolle the first count
in which Captain Hodgdon Is accused
of arson. but Mr., Barbour insisted that
the jury render g. verdict on this count.
The nolle was not allowed
Mr. Barbour made the opening argu-
ment for the Defense, He said among
other things that Captain Hodgdon has
his faults like all other men and that
among them was his proneness to ex-
press his feelings on some occasions.
He contended that the expression used
by the captain when he said that he
hoped to see the hotel go up was a
common expression and had no espe-
cial significance. He said that H. S.
Johnson had grudge against Captain
Hodgdon, the reasons for which have
not come out, otherwise he would not
have fastened to give. the letter writ
ten to him by the captain to the police.
He then dWelt at length upon argu-
ments to prove that Cooks credibility
as a witness was not to be trusted, men
toned to prove this Cooks misstate-
ment about taking a Sunday train from
New Haven and his inability to re-
member in what part of England he
was born. He said that the supreme
court of the state had said "Falsus in
uno, falsus in omnibus" false in one
thing, false in all things, and that he
rested his case on that point in regard
to the evidence given by Cook. He
then asked why George T. White had
not been put upon the stand by the
state while the state contended that
Cook had no grudge against Mr..
White. Referring to the papers found
in Cooks satchel, he said that the
papers may or may not have come
from the Haynes house as the bag had
been In such position that it might
easily have been made toifurnish eyi-
dence. Admitting, however. that the
| papers did come from the Haynes
house, Cook had, he said, a key to all
| parts of the house and could easily
| have gotten the papers himself. He
then referred to the testimony of Mrs.
Means, in which she denied being in
the hotel at the time when Cook tes-
titled to having heard her there talk
| ing to the captain, to the discrepancy
| between the amount Of money Cook
said he had spent and the amount
| of money which was found In
| his pocket and compared with
| what he had received showed him to
| have spent, and to the denial by Cap
| tain Hodgdon of the story that he
threw a bundle into the river at
| Springfield on the morning of January
"a. Mr.. Barbour showed how If the
captain had desired to get rid of Cook
painters trestles left in the house he
might have burned them in the hotel
furnace instead of throwing them in
the river. In concluding, Mr.. Barbour
said:
You have seen Captain Hodgdon on
the witness stand, a patient man, tell
ing the truth telling 1t without hesita-
ton. You know his character as testi-
fed to by the best men in this town
who have known him for years, A
| good character is rather to be chosen
than grea, riches Have not these
1 good men o. New Haven told you what
they know IL Hodgdon's character?
| "And will you send this man, this
noble soldier the loyal son Of New
| England state down to Wethersfield to
1 sleep in cell: this man. this good citi-
zen who faced the enemy on the tented
| field, who suffered on the field of battle
and who has never failed to do his duty
| at all times as a man or as hero?
| leave him in your hands and may God
| watch over him and you!"
Mr.. Chase closed for the defense in
an able argument and was followed by
State Attorney Williams, who closed
for the state, going into details of the
case. He said among other things that
no one should come between the jury
and the accused to prevent the Jury
from trying the case with careful re-
gard for law and evidence. He then
went into the facts concerning Captain
Hodgdon's lease of the Tontina, the ex-
piration of his lease and his inability to
extend the lease, the securing of the
lease by Mr.. White and lead from this
UP to the motive which might have in
duced Captain Hodgdon to desire the
hotel burned.
He characterized Captain Hodgdon a
strong man in his determination to
have his own way and asked the jury
to look upon the faces of the two men
and see if there was any doubt in their
minds as to which was the stronger OF
the two and which was the master
mind. Mr.. Williams closed his argu-
ment at 4:15. His argument was fol-