The Waterbury Democrat., 1945-02-08

met that night. the prosecutor stated.
 Referring to defense testimony on the intention of zukauskas to take Mrs. Plungis to hospital, Fttzger'' aid stated, T can not believe this woman expressed wish to postpone medical attention until such time as she had seen her mother, and, in- deed if she did, can not under stand how this defendant and hk wife would pay the slightest heed td this wish. But even if you assume they did turn around anc you &C., cer' the testimony of both of them as to what was said and what was done down near Bradley avenue there still remains in this record nothing which the law will regard as an excuse or justification"
 Premedltated Killing
 The states attorney stated the homicide by which Mrs. Plungis met her death was a "willful, deli- berate and premeditated killing" and pointed to the Judicial con- feSsIon" made under oath by the accused in the courtroom.
 Gager, who devoted his argu- ments to the legal aspects of the case, said there was no claim of a justification or of an excuse. and that the question was merely whether the killing was first or second degree.
 It was not a premeditated killing but rather 'an emotional response to unconscious drives" he declared.
 Gager described Mrs. Plungis as "a woman who desired men" and stated the relationship between her and Zukauskas was largely brought about by her efforts. There Is eVi- dence of struggle by this man to get out of the situation" he said.
 The defense attorney said he did not believe there had been any great quarrel between MrB. Plungis and the accused at the time he went into his home at 10:30 on Nov. 1. "If there had been she would have sensed this and would not have been waiting for him in the street." he stated. T think there is reason to assume that she waited in the expectation they would take another one of the automobile rides such as they had taken in the past"
 He said 1t was as though the devil handed him those guns" the counsel pointed out.
 The Alder street incident left the defendant exhausted and overcome by what he had done, Gager de- clared. "The state said the reason for the killing was to cover up what he had done. I submit he had not done anything very serious to that point. She was not dying. She walked to the car"
 Recalling Zukauskas' query to Mrs. Plungis, "Stephie, did hurt you" Gager said, That isn't the action of a man bent on murder" The question was asked after the Alder street shooting, witnesses had disclosed.
 Gager described the Alder street shooting as the action of a man who has blown up in an emotional spasm and then has come to-"
 Discussing another emotional explosion" of Zukauskas on Bradley avenue, Gager stated he was moi acting from process of reasonable thought, even of short duration"
 Speaking of the covering of the crime, the defense counsel stated That isn't the action of a man using brain power at all. It is the | rtinb Af Whn dnnan 'h know where he is at
 At another point Gager stated Its shocking and difficult for us 10 understand his handling of the body, except that he had worked in connection with an undertaking establishment, and handling oi bodies may not have been quite the same with him as 1t would have to you and to me"
 This is case of previously law abiding citizen, who became entangled with an infatuation and an emotional upset" Gager stated His emotions lighted up and with out thought. and without delibera- ton he finally reacted and as a re- suit he killed this woman. That is not Wilful deliberate and preme- ditated murder which has been de- termined by our courts and our statutes as first degree murder and by reason of which the death penalty must be imposed"
 Carmody yesterday afternoon described Zukauskas as mot very smart but steady worker, re- putable citizen, and good hus- band and father.'
 Stephie Ruthless
 Of Mrs. Plungis he stated" she was woman of high emotional content. She was strong and ruth less and at the same time gay and pleasure-l loving and artful. She was artful and gay perhaps in way that intrigued Francis Zukauskas this steady young man. She caught him at an unfortunate moment when he was leading bachelors life and his wife was in the hos pital'
 'It was Stephie," Carmody stat. ed, "who was the motivating force, who owned the car, who made tho dates, who picked him up, who leased him at one time and plagued him at another and brought ex- citement into his life. think in- fatuation is as good word for it as any
 Mrs. Zukauskas, who was called as the final defense witness yester- day afternoon, told the same story of the death-ride her husband had told. Speaking calmly and clearly her testimony was disrupted only once by tears. and that was when Carmody asked her to identify q blood stained coat, sweater and towel The sweater was her own, she said and had been wrapped around Mrs. Plungis shortly before she was killed. The witnesses denied having heard anything about q money debt to Mrs. Plungis. and when the prosecutor read state | ment6 ghP made t0 inVpgtiQatOrR on