New Britain herald., 1925-04-01
EXPERTS IDENTIFY
 MURDER REVOLVER
(Continued from First Page,)


 Muncle as the murder gun was made by the next witness, J, Henry Fitz- gerald of the Colt Patent Firearms Co. Fitzgerald told the jury that he had examined the gun and bullets at the request Of the states attorney and had reached decision.
 ,What Is the decision you reach- ed?" he was asked.
 That the murder bullet was fired from that gun." Fitzgerald answer ed.
 He described at length the pro- cedure be followed In arriving at Ais conclusion and the groove on each of the bullets that corresponded with raised particle of steel in the bar rel Of the revolver. He said that the outside mark on the gun had been hammered out but he found the three secret numbers on it and announced that the gun was No. S20771, Smith & Wesson make,
 Judge GroehI spent some time In conference with the defense pistol expert during Fitzgerald's testi- mony. He asked Fitzgerald if 1t wasn't true that a number of Smith & Wesson revolvers had been used in the army. Fitzgerald said none Of them were used in France except as private guns. He could see no significance in the numbers being taken off the gun.
 He said he found a few rust spots in the barrel, slight in nature, put not near the spot where the raised piece of steel was found.
 Groehl asked him if the mark couldn't have beeh made in Janu- ary. Fitzgerald answered that the mark was made before any of the bullets present were fired. He was asked if the mark on the bullet could be made from another gun MT. Fitzgerald answered Not in 10 million times"
 Groehl asked Fitzgerald if he tes- tifed In the Harold Israel case In Bridgeport. Alcorn objected 10 this and he was upheld. Groehl asked him again about other experts and Alcorn again objected.
 Groehl asked for a short recess so that his revolver expert, named MT. Jones of New York could have the opportunity of examining the pistol and the bullets.
 Jones COrroborates Fitzgerald Colonel Ray D. Jones of the Smith & Wesson Co.,, corroborated the testimony of Fitzgerald and add ed that he had made measurements i of the marks. He said that 1t would be impossible to have the same marks on another bullet from a similar protrusion placed elsewhere in the same gun barrel.
 Groehl asked Jones if it wouldn't be possible for a like protrusion in the barrel either slightly ahead or behind this particular one to make like scratch on a bullet. Jones said it would not because if a pro- truson were in any other place the mark would be instantly detected by an expert.
 Here Alcorn declared at 11:47 o'clock that the state rested.
 Freedman Moves For Dismissal Attorney Nathan o. Freedman junior counsel for the defense, went into conference with Judge Jennings and Alcorn at the bench. After sev- eral minutes, Judge Jennings an- nouneed that proceedings were to take place at which the jury should not be present 50 he ordered the jury taken to lunch.
 Freedman then addressed the judge and made his motion that the indictment be dismissed.
 Tt is the contention of the de- fense that the state has not produced sufficient testimony to prove its case Freedman said in opening.
 He added that the defense believ' ed that if the testimony produced by the state should go 10 the jury 4 would not be fair to the defendant
 "The statutes provide that for 2 conviction on a charge of first de gree murder there must be two eye witnesses" Freedman continued, bu he was interrupted by Judge Jen' nings who said the statutes provided for no such thing.
 Freedman said he had looked uI cases and States Attornel Alcorr told him he would do better to lool up the law and he would learn more
 Freedman then continued, Tt 1! the contention Of the defense tha' the law requires two eye witnesses or testimony equivalent 10 that o two eyewltnesses to find a mar guilty on the charge"
 Judge Jennings said that the state ment was misleading and not found ed on fact.
 "I don't think you could ever mislcad the jury if it were here, witl that statement" Alcorn added.
 The attorney then finished his ar gument on tho motion. Judge Jen nings quickly denied if. and cour adjourned until 1;o5 p. m.
 Dr. WaSkowitz on stand
 The defense tool, ID the task O tearing down the structure Of eyi dence erected by the prosecution a the resumption Of court this after noon.
 Dr. David Waskowitz of Ney Britain was the first gun fired by tn