Evening star., 1933-08-14
COSTELLO DEFENSE |
| OPENS ARGUMENTS
Widow in Murder Case
Laughs as She Runs
GantIet of Spectators.
BY the Associated Press.

BY the Associated Press
SALEM, Mass, August l4.-Jessie B.
Costello, laughing as she ran q CANT
let Of TOO persons who had gathered
in front of the court house, today heard
the opening of the defense argument
which she hoped would save her from
a death sentence
William G. Clark of defense counsel
began the argument intended to con-
vince the jurors that the millions OF
words of testimony taken in the trial
had failed to prove that the attrac-
tive 32-year-old widow administered
fatal dose Of poison to her husband,
Fire Capt. William J. Costello Of Pea
body.
To Take Three Hours.
Clark was expected to consume about
three hours in his presentation and
the State to take the same amount OF
time. Tomorrow, Mrs Costello plans
to make q brief personal plea to be
sent home to her Peabody cottage and
her three children. Then the judge
will be in the hands of the jury, It
was expected, tomorrow afternoon.
Clark first raised question as to
whether the dead fire captain really
had been murdered.
THE first thing the Government
must establish In this case, to moral
certainty. is that a murder has been
committed" Clark said.
If you are led to speculation or
conjecture as to this point you will go
no further. There is nothing in this
case to show whether William j. Co.'S
tello died by murder, accident or sui
eide"
He said the defense would show
break after break in the chain Of cir
cumstantial evidence"
Clark asked: Are We trying Jessie
Costello for profanity" y.
IF we stepped into the court room
the first few days of this trial we would
wonder if Jessie B. Costello was being
tried for profanity and vulgarity."
Questions Profanity.
"I am anxious for my brother to ex-
plain what profanity has to do with
premeditated murder"
Clark said the Government had de
faulted on its promissory notes"
rs there any evidence of her being
profane person except from the
poisoned lips of John Costello. Is there
any proof that she was lewd except
from the leprous lips of Edward j. Nc
Mahon?" Costello. brother of the dead
man. had testified that the defendant
had used profanity in referring to her
father. Andrew ]. Fyfe. and Edward
Mcmahon. a former policeman, had
testified to an alleged amorous affair
with her.
The attorney said it docs violence
to your intelligence" to attempt to have
hn1
crime was that Mrs. Costello owed
Mcmahon money. He also decried the
charge that a desire to continue with
adultery" was q motive for the alleged
crime
The defense attorney accused State
Detective Richard Griffin. State
witness, of hitting below the belt by
bringing that viper Mcmahon into the
jail and trying to trap this defendant.
Issue Held Confused.
Clark charged that medical witnesses
had confused the issue" that they
were at variance in important points in
| the case He said they had not def
nitely proven that there was enough
poison in the body of Costello to cause
death.
The attorney said it was reasonable
to assume that Costello took his own
life without leaving a note and without
saying one last fond goodby to his
children" because he did not want to
| leave the stain Of suicide on those he
left behind"
Referring to Mcmahon. Clark asked
that not word from his poisoned
lips" be taken as fact.
Whether you believe what he said
or not, remember this that Mrs. Cos
tello's children will never grow up and
say their mothers name is an anethma
to them
Il am obliged to say that Mcmahon
is a liar because 1t comes from his own
lips"