The Waterbury Democrat., 1945-06-30
Mrs. CyrTo
 Be Recalled
tContinued from Page l)

I
 Laden stated Coscia indicated the
 distance between the gun and Cyr when the shot was fired, and he said he estimated it to be six feet. When Fitzgerald began to ask Laden about visit made to the staying scene with Coscia the next day September 29, Defense Atty. Edward Mascolo objected.
 Mascolo stated that whether the purpose of the testimony was to at tack the credibility of the accused or to disclose confession it should be tested first in the absence of the jury. He said it was an issue for the court to pass upon before it is presented to the jury. The prosecutor stated the state ment given by Coscia was in direct contradiction to testimony the &C., cused gave under oath in the court tack credibility by showing conflict the credibility by showing conflict ing statements made by the accused. The jurist instructed Mascolo to obtain citations to show basis in law on his claims that the testi- mony was not admissible. It was Indicated ruling would be given on the issue Monday morning. The states questioning on the re- enactment at the staying scene was then put off, and the prosecutor asked Laden about statement Mrs. | Coscia gave to Smyth on the day of the staying. The statement had previously been the subject of questioning by the state. If testimony on the re-enactment | on September 29, is allowed, sev- eral other persons who were pres- ent at the scene may be called by the state. Laden disclosed yester- day, during preliminary questioning, that Mrs. Mary Treat. Lieut. Will liam Foley, and Chief Inspector Jo- seph Bendler, as well as the inter- pertor, were present at the scene. In describing the examination of | the accused conducted by Smyth, Laden told of marks he saw on Coscia's body. He stated there was a scrape On his left leg anc slight | lacerations on his right forearm | and right shin.
 Laden quoted Coscia as saying | when he saw Cyr approaching the | kitchen door he put the gun to his shoulder, pulled the trigger, and | as Cyr fell he stated Too bad boy"
 The detective testified from his own recollection, without use of the Smyth transcript.
 No Memorandum
 Mascolo questioned Laden about memorandum he said Fitzger- aid prepared as to which state ments Coscia made to Smyth in English and which he made in Ital- ian. He also asked the detective if he made memorandum of the questioning, and Laden replied he didn't, that it wasn't necessary.
 Braicos testimony was inter- spersed with frequent instructions by Judge Cornell to Mascolo to base his questionings on the Smyth transcript and not on recollection of the witness. The instructions were given when Braico repeatedly stated he could not remember the exact words Coscia used.
 Whatever he said is in the tram script. so stick to the transcript" Judge Cornell commented at one time.
 At another point he stated, T don't think we can play around with this any longer If you want the statement made by the accused, there is the transcript. You are simply wasting your time this way"
 Later the jurist commented, Did you ask him for an independent recollection? You have already es- tablished that his recollection is in the transcript. If you want it correctly it is there. There is no point in asking about his recollec- tion |. . What is the use of fooling around here. What is important is what happened and what the ac- cused said, and the transcript is right there in your hands"
 At the request of the defense Braico read the following statement of Coscia from the transcript: He l came in my way. No stay over there. Move my way. He came in ( my way. think he want to grab , me again. Then let him shot, He I fall my way" I
 Another passage read by Braico was as follows: e. What did you [ intend to do when you were carry I ing the gun and were going down. , stairs? A. Cause I had as much right as he had and I wanted to :, reason with him. and in defense of i myself. I thought if I had the z gun he wouldn't act as he did be- f fore.
 Answers Queries
 Tn response to individual queries :, by Fitzgerald on direct examina- . tion Braico testified that Coscia ' did not tell Smyth that Cyr had trampled on him, that Cyr struck q him with a lawn mower, that he ' saw Cyr emerge from the cellar, that Cyr chased him upstairs, that he followed Cyr downstairs, that the kitchen door was closed in such a manner that the muzzle of the gun and the door met.
 Braico testified that Coscia did :, not state that he put the gun V through the broken door so that it y was grabbed by some force and was n pulled by that force He said Coscia did not tell Smyth the gun was dis b charged accidently. All of those W claims had been made by Coscia I from the witness stand. le
 Braico, who also told of how Cos 5 cia held the gun in the demonstra- a tion to Smyth, said Coscia first e asked Smyth if he ever hunted. t. Then Coscia picked up the gun to his shoulder. illustrating how he Ii held the weapon when Cyr was h shot, Braico stated.
 The Monday session of the court u