Waterbury evening Democrat., 1906-01-09
IN POLICE COURT
Case For Assault With Intent to
 Kill Heard.

Patrick Leary, resident of Water
 bury for thirty-nine years, was ar
 rested last evening for the first time.
 He lives on Wood and Round Hill
 streets and was arrested on the com
 plaint of his wife by Officer S. Nc
 Carthy. According to the officer.
 Leary tore up things in general.
 Leary's story was that the officer ask
 ed him. if he would go to bed and
 Leary said he would. And that as he
 was going towards his bedroom the
 officer whackede him on the forehead
 with his club. The officer added thar
 Leary resisted arrest. Intoxication and resistance were the charges
 against Leary. Judge Burpee said the accused mans wife should have been in court, for he saw no treason why the word of the accused was not as of resident of the city for thirty-nine years without police record ought to have some weight. he said. The off cer then stated that he had been called twice to Leary's house last night. This was the deciding state ment and fine of $7 and costs with probation was imposed on the charge of intoxication while sentence was suspended on the charge of resist ance.
 The continued case against Giovanni Francesca Tosta, on Judd street. Sun day evening. was then taken ID and the charge changed to assault with intent to murder. Attorney Guilfoile defended and Attorney McGrath as- sisted the prosecution. Dr Grady tes- tified that he was called to Judd street Sunday evening about 9 o'clock and found Tosta bleeding profusely from two wounds. one in the right hand. almost encircling the member. and the other about quarter of an inch under the right eye. This was about an inch long and half an inch deep and re- quired two stitches. while the other required nine stitches.
 Tosta then took the stand and festi- fled that he was attending a christen- ing in the upper apartments in the house where the accused lived. Ar- cused had had some trouble with Tos- ta's brother earlier in the evening. AS he was going down the stairs Moffo and his wife were at the door on sh. street. and there was quite a number of others there also.
 Moffo asked Tosta where ''the old man. was. meaning Tosta's brother. and Tosta said he did not know. hut that he fought with his hands. He was on the street by this time and he struck at Moffo. At the samc time yioffo drew a knife and stabbed Tosta in the right hand and then stabbed him under the eye. Tosfa fell to the ground. and the crowd gathered around him.
 Marie Antonia Spina. who lives in the next house. came on the scene ana took Moffo to her place. Two men went with him and they took nom iim five chambered 3s-caIiIper revol- Ter. fully loaded. Moffo wanted fha weapon back. hut did not say what 'or Mrs Spina gave 1t to Officer Cole 'antO yesterday.
 The state had half q siozen witness $. all of whom had io testify through in interpreter. The defense was that he stab wounds were inflicted. uar y Moffo. but by some other man in he crowd who had a grievance Igainst To>ta. or thought he had.
 \ fine of S25 and costs with thre. months in jail was imposed
 Antony IarITs0. charged with tres ass. by hunting on the Warner prop rty near Forest park settled for s5.