The morning journal-courier., 1908-10-17
JOHNSTON ON TRIAL
Charged With Theft of Parts of an Automobile Belonging to
 Dr. Mcdonnell.
THREE WITNESSES HEARD
Testimony Largely About the Burning and Abandonment of Machine
 on September t5.

The trial of Caldwell s. Johnston, of 591 Whitney avenue, was begun in the criminal side of the superior court yesterday afternoon, and three wit nesses for the prosecution were eX- amined before court adjourned until Tuesday. The trial is for the alleged theft of parts of an automobile that had been abandoned by Dr Ralph A. Mcdonnell, physician residing and practlcing at 1l42 Chapel street The parts of the automobile that were taken were sequestered when the ma chine was abandoned on September s by the doctor after an accident that resulted in an explosion and the burning of the machine. It Is claimed by the state in it's case that these parts that were taken were removed by the prisoner
 The prisoner is a well known man in this city. He came from the south several years ago. His father-in-law is Constant A. Moeller the wealthy brewer of ales and porter, wno lives at 349 Crown street. Miss Moeller was well known in society here be- fore her marriage.
 The trial opened with the testimony of the owner of the machine and of Dr. Louis M. Gompert2. who was with him They established the accident and the abandonment of the auto A young Italian boy took the stand next and more closely connected the al- leged theft with the accused, but did not succeed in making direct allega- tions He was dealt with by the at torney for Johnston in an attempt ] to break down his story, but he stuck to It. While this cross examination , was going on, there were numerous r objections raised to the questions that were put to the boy and the manner of asking him many points. The court ruled all but one or two of these in favor of States Attorney Williams, and the other took exception to most of the rulings, showing that there is q possibility of an appeal being taken If the ease should go against the pris- oner.
 The attorneys for the defense are Charles Hamilton of this city and Judge DeForrest of Bridgeport The appearance of the prisoner as he sat in the place usually occupied by prisoners on trial was so prepossessing that everyone who did not know who he was asked which one of the lawyers he was. He was dressed in a neat suit of black material. a grey and black tie and a grey fancy vest His wlfo was in court behind him and his mother and father-in-law with their daughter.
 Dr. Ralph Mcdonnell was the first witness on the stand for the state. He related the events that led up to the burning of the machine in Whitney vile He said that all that was left of 1t after it had burned was tho iron work He then told how they had aban- doned t that night.
 Dr. Louis Gompertz next took the stand He related the events enumerat- cd by pr Mcdonnell He told of goins out again with Dr Mcdonnell on the Wednesday the affair had happened and finding that the machine had been moved from where 1t had been left at the side of the road It had not been disturbed then He said that he had seen the rear axle in the back of Mir, Johnston's house at o'clock Friday afternoon following the wreck,
 The defense wanted this part of the machine brought into court, but 1t was not on hand Detective Dorman l Daley. was told to have it in court on l Tuesday when the case will be con tnued
 After the second doctor had finished the Italian boy Angelo Fernino, was put on the stand by the state He Is a resident in the locality near which the machine was abandoned
 He told a story of having met Johnston at the scene of the wreck, and having been told by him to take the machine away as it was complain ed of by the water company as being too near the reservoir The boy said the man spoke of 1t as his automo- bile. The boy and several others be- gan to demolish the machine with | the instructions of Johnston had i'm piled, according to the boy Later that day Fernine said that Johnston and hia wife, mother-ln-la law, and an- other man and woman came back to the wrecked automobile and that they took pictures of the place and of the machine,
 Attorney Hamilton demande these pictures from the states attorney saving that the prosecution had taken them as exhibits at the trial of the case in Hamden when Josnston was bound over The states attorney did not have them, and they were eventu- ally found in the pocket of Judge De- Forrest, and were offered in evidence The boy identified himself and the others in the pictures, It was dur ing his cross examination that the states attorney brought in so many successful objections to the question: ing of the other. The case was con- tinued until next Tuesday at this point. The defense intends to show that \ the entire case is one of gross mis- fake The testimony of the witnesses