The Waterbury Democrat., 1933-08-15

First degree murder-mandatory
penalty death in the electric chair.
Second degree murder--manda-
tory penalty life Imprisonment.
Not guilty.
Mrs Costello, who is accused OF
having cunningly planned and exc
cuted the murder OF Fire Captain
William J. Costello, the father OF
her three children, last February
II, appeared composed and listened
intently to the judges charge.
When, at 1852 a. m, Judge Eos
dick finished his charge, there fol-
lowed a bench conference, at the
end Of which the Justice denied all
defense requests for further. in
structions to the jury. The judge
told the jury that it might take
into the celebrating chamber the
blackboard bearing a crude chalk
ed diagram of Captain Costello's
stomach, and thesarchitect's draw
ings of the Costello home. scene OF
the alleged murder.
Throughout the charge, Mrs Cos
tello, who is alleged to have, pois-
oned her husband, Fire Captain
William J. Costello under the lures
Of life insurance and illciit love,
remained composed. She sat with
her left hand resting on her left
cheek, her eyes fixed on the judge
in an unbroken stare.
Judge, Fosdick warned the jurors
not to give Mrs Costello any spe-
cial privilege because of her sex,
nor out Of sympathy for her three
fatherless children.
1T is not frequently that the de-
PENDANT Is woman in murder
case" said the Judge. Mostly, men
are charged with such a crime. But
the law, gives the woman no spe-
cial consideration. II she commit
ted murder she must not go free.
No lingering remnant of feudal
chivalry, no reluctance to declare
that of all the self-sacrificing, loyal
and loving women in the world,
one has proved herself set apart,
no sympathy for innocent children
may influence your verdict. Such a
woman may have taken away from
those children a loving parent"
The jurors, who had worn
flowers on their coats throughout
the trial, were without them to-
day. Because his charge was to be
lengthy, Judge Fosdick permitted
them to remain seated, contrary to
long esta blished custom that both
judge and jury should stand dur
Ing the charge. The judge, too,
remained seated.
Before going into his formal
charge the judge complimented
the attorneys for the conduct OF
the case and their courteousness.
He instructed the Jurors that the
lawyers final arguments were not
t. be. considered as evidence.
If she has in truth broken the
charge Thou shalt not kill, .,
Judge Fosdick began. 1.-The COM
monwealth has the right to inflict
just punishment. If she has not
broken that law, she has the
right to be declared innocent.
While 1t could not be said that
Jessie awaited the verdict with
trepidition, 1t was apparent in the
last few days of the trial that she
Is no longer the supremely confi-
dent figure she was four weeks
ago when the trial opened. She
developed q noticeable pallor yes
terday during the final argument
OF District Attorney Hugh A. Gregg,
when. in an imprisoned summa-
ton of the states case, he boldly
accused her Of offering her hus-
band a cyanide capsule under the
pretext that 1t contained a sleep.
ing potion which would relieve his
pain.
Even. before that climatic revela-
ton of the states theory, Jessie,
leaning against the rail of the bar
enclosure, her eyes closed in seem.
ing repose, betrayed by an occas-
ional convulsive working of her
facial muscles, some of the stress
under which she was laboring.
As she rose to deliver her pre-
pared speech to the jury at the
conclusion Of the district-attor-