New Britain herald., 1925-06-26
COURT FOR MACRI TRIAL Judge Makes DecSiOn--AlSo De-
 ClineS to Release Girl on Bonds KOLETSKY SCORES ALLING
Declares States Attorney should Not Interfere With Prisoner in Jail- Has Already Intercepted Letter, He States.

for killing John Bagnano, alleged father of her daughter, will not be admitted to bail before the case is called in the fall, according to a ruling by Judge John R. Booth. Of the superior court today. Defense counsel had moved that the accused be admitted to bail and after argu- ments this was denied.
 Judge Booth said he did not be- lieve that a person indicted for mur- der in first degree may be admitted to bail under the state constitution. Koletsky, for Miss Macri, took an acception to the ruling.
 Judge Booth yesterday granted the state a change of venue to a county other than New Haven on the mo- ton of the state which had set up that it was impossible to get a fair and impartial jury for retrial in this county.
 The court fixed the place of re- trial at Litchfield county which was desired by States Attorney filling when the counties narrowed down to Litchfeld, New Lon don and Windham.
 Koletsky Is Satisfied.
 Mir. Koletsky said that he would take no exception to the case being tried in Litchfeld. Before Judge Booth announced the change, he all lowed a motion of the defense for the payment of witnesses called this week for the argument on the change of venue and request for a transcript of text taken during the week.
 During the argument whether the court could grant the motion, Mir. Koletsky declared that he was go- ing into the retrial without fees as he had done in the first trial. Mir. filling had raised the question that private counsel for a defendant could not be paid by the state.
 The question of where the girl is to be confined while awaiting the new trial will be settled later. Con- corning visitors at the jail, Judge Booth said that he believed this mat ter should be left with the sheriff, who Is responsible for the security of the prisoner and the management of the jail
 Alling Takes Letter.
 MT. Koletsky made an appeal that the states attorney keep his hands off Of the matter and let the sheriff do his duty as he sees At. He claimed that Mir. filling had held up a letter to Miss Macri which had been sent her by Frank N. Platt, foreman Of the jury which disagreed at the first trial. Mir. Alling refused to give the letter up this morning.
 Miss Macri, who WGs present yes terday during argument for a change of venue. was not in the court room this morning, When Judge Booth took his seat there were less than 25 visitors present. Later. however, the court room filled.
 filings Complaint.
 Mir. filling in his objections 10 the defendant being admitted 10 bail, charged Mir. Koletsky with import Ing sob sisters" and professional weepers" for the trial to the end that the jury was influenced by argu- ment other than the charge.
 He claimed that the burden of Koletskys argument to tho jury vas based on pleas 10 passions He quoted from a communication in q local paper from MT, Patt 10 Philip Pond, president of the New Haven Bar association, in which he stated that the members of the jury who were for acqui;tal felt there was bound up in the case more far reaching features, notably the ruin of young girls"
 Letter Ky Juryman.
 Speaking of the unusual occur rences immedia.cIy after the trial, in which some of the jurors caresscd the defendant and her baby, Mir, filling read 10 the court a letter which ho said had hecn written by Mir. Plat 10 Mir Ko!otsky on the Monday morning the jury announced that they could not agree. Bearing The Hotel Taft letter head the letter read in part. Some Of our number voul1 like 10 meet you and Miss Olympia this a. m. on an important matter Of business. Please advise as time and place"
 AS Mir. Alling finished the letter, Mir. Koletsky said; I've been look ing for that. I'm glad to know where il has been. Judge Avery informed me Of It."
 The states attorney said that this letter was one of the unusual hap penings which took place during the deliberation Of the jury. He said that the jury returned to the court house after the above letter had been writ ten, even before it had reported the first time on its disagreement.
 Judge Interrupts,
 When Mr. koletsky explained that the letter had been given 10 a court attendant after the jury had been discharged and wanted to call the attendant to the witness stand 10 prove his contention, Judge Booth said that he would take MT Kolet- sky's word that the letter had not been given him.
 The states attorney reviewed the evidence that had been submitted during the first trial Because Of the argument Of the opposing counsel which Mr, Alling characterized "as one of the most illegal ever heard. p the prosecution would have probably taken an appeal, if the defendant had been acquitted, he said.
 Then followed a tilt concerning tCantinued on Page lD