New Britain herald., 1925-05-26
Jurors, Who Were Di- vided II to l For Acquittal When Dis- charged, Offer to Go Bail But Question Is Not Raised.
Attorney for Defense Asks New Trial at Once But States Attorney Asks Delay Until He Makes Up His Mind.

New Haven, May 26.-(AP) -- Whether Olympia Macri will be given another trial for the shooting Iof John Bagnano, alleged father of her child, or States Attorney Arnon A. filling will see fit to dispose of the case in another way will not bc definitely decided until June g. At a special session of the court today Judge Avery asked that speedy dis posai of the case be made and the state promised to give a definite answer by June 9.
 At the session today Defense At torney Joseph Koletsky made a mo- ton for a new trial at once to which Judge Avery acceded. If Miss Macri must face trial again following the disagreement of the jury yesterday when II voted for acquittal while Irving A. Andrew Of Orange, held out for second degree murder yer dict the trial will be held at the June term of the criminal superior court. States Attorney filling in- formed the court. He said he had not made up hfs mind as to whether there would be retrial or another disposition which would probably be to nolle the case and give the girl her freedom.
 Does Not Ask Bond
 Defense Attorney koletsky de .clared that since the decision would be made within two weeks he would not ask that Miss Macri be released in bonds which have already been offered by the II jurors who voted 10 acquit her.
 Mir. Andrew was at the court- house today to confer with States Attorney Ailing. A large crowd. which included members of the girls family, followed him from the build ing, but no violence was threatened,
 Miss Macri was optimistic today when she learned that she might soon be given her freedom. She dreads thoughts of a new trial which would probably last at least five weeks and said that she did not think she could live through the or deal again. Her baby, Lucy, was taken to her at the county jail today
 Miss Macri today, still smarting over the disappointment at not being freed of the murder charge, said she felt pretty fair" She said that she hoped that something would break for her soon.
 Mir. Andrew said today that he would complain to States Attorney Alling against the treatment which he was accorded yesterday as a re- suit of his holding out for a second degree murder verdict His life has not been threatened. however, he said, and avowed that, if he did re cetve any threats, he knew how to take care of them
 Accuses KOletsky
 He mentioned that last evening, while he was outside his home some woman called for him on the teTe- phone and began to deride his wife. When he reached the telephone, he said that the party had hung up and that the operator said the call had been made from a number which Mir. Andrew claimed 10 be that or Mir. Koletsky's office.
 Regarding what 1ranspired yestor- day after Judge (. L. Avery dis charged the jury, Mir. Andrew said
 We were still in the jury room and ] was shaking hands with Inc other jurors iii turn, had reach ed the fourth man and was shaking his hand when Defense Attorney Joseph Kolotsky entered the ropna l went up to hlm and saying, Well I guess the eat Is out of the bar ow' offered him my hand, He too)s il and turning to Jones sail:
 And I thought t was you all lt- nmr, I said to him
 "I am glad that you know who t ts.
 He turned 10 me ard said:
 You have killed th. gIr.. S1o won't live a week in tho tail and yo5 have killed my wife, too wen down the stairs 10 the courtroom hut the defendant and Mrs koletsky were holding a reception n the iUry hox and I couldn't ge' hv vrhou jumping over #. l n.Ht bark ap the stairs 10 the jury room and down the side stairs out through inc cor ridor. I then went across tho 2 c,. and took the car home"