The daily morning journal and courier. [volume] (New Haven, Conn.) 1894-1907, 1901-01-15
CoLI.IGAN BOUND OVER.
BY Judge Bryant in the West Haven
Court Yesterday.

Court Yesterday
John Colligan, accused cf setting fire
to The barn of the Misses Beardsley on
Savin avenue, was on trial in the West
Haven court yesterday morning and af-
ter Judge Bryant heard the argument
of the attorneys for the state and de-
fense he bound him over until the April
term of the superior court.
Attorney Bush, who appeared for the
about half an hour in showing the cot
ton which has figured so prominently
in the case, and trying to Identify the
cotton found near the barn with that
found in Colligan's house.
Attorney Thomas, at the close of Mr..
Bush's preliminary argument, took the
floor and delivered a most able argu-
ment in favor of the accused
He argued for about an hour, and
some of his points We're very strong. He
pointed out first that in a trial of
person accused of arson or any crime,
the lower court is to do one of two
things. First, to find probable cause to
hold the accused, to be tried in higher
court, or discharge him.
The state, he said, in this case had
failed to establish prirna facie case,
which would justify the binding over
Of the accused.
Mr.. Thomas then attacked the testi-
mony offered by the principal witness
of the state, Officer French, and he
raked him over the wall numerically.
He said that French had tried to prove
a. motive for the crime by taking few
statements of Colligan, when the latter
was arrested. He thought that IL OFF,
GERS French and Loomis would tell all
they heard Colilgan say, they would
have mentioned the fact that he said:
IF my son Is guilty he should be con-
victed"
Mr. Thomas then read from the tes-
timony Of officer French and showed
where he had contradicted himself on
several occasions. He attacked French
bitterly. He said that in his opinion
the officer had gone to the house of
Colligan, taken some cotton from the
seat of an old chair and saturatfng it
with oil had placed it near the barn.
He intimated that some of the evidence
of French was little short OF perjury,
and said that If the state invited him to
do So he would accuse him Of it,
He told of the arrest Of Colligan with
out there being the slightest evidence
against him, that the evidence was all
secured after his arrest and that most
of it was manufactured
Attorney Lynch followed. He told of
the actions of Officer French on the
night Of the fire and the way he had
logged Colligan's footsteps all night,
and then had lost him right at criti-
cal time. He asked why it was that the
officer had not arrested Colligan when
he saw him commit the act, as he
stated he had. He then referred to a
later statement made by the officer, to
the effect that he did not know whether
Colligan went into the barn or not. His
was very brief, but to the
point.
Attorney Bush, at the close of Mr..
Lynchs argument. arose for his clos
ng argument. and it was an extremely
strong one, as 1t practically changed the
decision OF Judge Bryant, as he later |
admitted.
In giving his decision Judge Bryant |
vas very brief. He said that he had |
considered the case from every stand |
point and that he had como to the |
,ourt with the intention of discharging |
he accused, but owing to evidence
which was brought to his notice during |
he hearing, he was forced to bind the
prisoner over to the next term of the
superior court, under a bond of $500.
Attorney Thomas made plea for a
eduction of the bond, but it was re-
used.