New Britain herald., 1925-06-25
Judge Booth Rules That Impartial Jury Can- not Be Secured In New Haven, Despite Defense's Protests.
Retrial to Be Either in New London, Windham or Litchfeld County-to Decide on Bond for Ac- cused.

New Haven, June 25 UPl-Ths mo- ton of the state for a change in venue of retrial of Miss Olympia Macri, indicted for murder of John Bagnano, was granted by Judge John R. Booth of the superior court today.
 The court then listened to argu- ments as to the availability of an- other county in the state other than New Haven county, for the retrial.
 States Attorney filling in his mo- tion for g change in venue set forth that 1t was impossible to secure an impartial jury in this county. He asked that the court select the coun- ty in event of change in venue.
 Joseph Koletsky, counsel for Miss Macri, all day Monday at the hear ing on the motion contended tlSat the case could be retried here just as well as elsewhere in the state. In his argument yesterday defense counsel contcnded that 1t was g pre- rogative of the accused to move for change of venue and not that of the state.
 Judge Booth in granting the states motion said that he was of the opin- ion that an impartial trial could not be secured here.
 Miss Macri shot and killed John Bagnano on February 26, while he was in the lobby of local theater. She accused him of being the father of her daughter, and claimed he had refused to aid in support of the child. In the recent trial, which lasted "A court days there was g disagreement, Ii jurors standing for acquittal and one against. Argue For Place As the arguments for B locality for the retrial progressed the available counties narrowed to New London. Windham and Litchfleld.
 MT. filling was for the latter but Mir. Koletsky favored one of the other two on the ground mainly. that terms of the superior court in those counties open September while that in Litchfield county did not begin until October 9th. He op- posed Litchfield county because Miss Macri has already been many weeks in jail and he desired that her stay be shortened as much as possible in view that she had not 6ecn admitted to bail.
 Before giving his decision to grant the change of venue, Judge Booth said that he would not de- eide on the question raised by Mir, koletsky yesterday whether the state has the right to ask for change of venue. MT. Koletsky in his arguments yesterday held that the defense and not the state should seek the change in location for new trial.
 Judge Booth said that the mere newspaper reports of a trial were not sufficient grounds for transfer and that some murder cases vary in degree of interest. He said that the Macri case had excited an unusual amount of interest in New Haven county and other places, not so much the trial itself, but the con- ditions immediately after the trial which were very unusual when charges and counter charges were made.
 Judges Decision
 T am well satisfied from the eyi- dence given here that it will be ex- tremely difficult 10 give the case fair and impartial consideration in New Haven county" said Judge Booth, and then stated that he would grant the motion of the state. After several pleas in other cases had been disposed of by the court, the question Of what county should be named for the retrial was consid- cred.
 MT. Koletsky said that any county in the state would suit the defense. MT. Alltng, first denying a statement of Mir. Koletsky that States Attor- ney filling had stated a preference for certain county, said the prose- cution was in the same position.
 Wants Speedy Trial
 The question of a speedy trial was brought up by the defense counsel Mir. Koletsky said that three counties-Windham, Holland and New London-would have sessions Of the superior court in September and that Litchield would open court on October S. The only reason thai he did not prefer the latter was the long wait for it to convene. NIT, Koletsky said. Because Judge Wolfe was to sit in Holland county, Mir. Koletsky said that he would not like to have the trial held therc.
 Decision Tomorrow
 Judge Booth announced that he would not decide on the locality Of the retrial today but would give his decision tomorrow or the next day.
 When Mir. Koletsky asked for a ruling on bond for the defendant the court said that he would also advise on that question tomorrow. He said that he would confer with tic de- fense attorney before court opened tomorrow concerning the bond ana another matter uhich Mr. koletsky 1 CCoutinu.a on PaEs ill -