The Waterbury Democrat., 1945-06-21

was In Sel1-Qe1enSe or OLnerWlSe.
 Fitzgerald then stated, The &C., cused said many times that he did | not shoot in self-defense, that he | did not shoot as the result of any circumstances in which he found himself, that he did not shoot be- cause of fear, that he did not pull the trigger and that the gun was discharged by accident. There is no evidential basis upon which any claim of self-defense could conceiv- ably rest, can the jury be expected to pull out evidence from thin air, the defendant has disavowed self defense"
 Mascolo referred to testimony by Mrs. Cyr that Coscia ran upstairs screaming I'm going to shoot you" and to testimony by the accused that he was being pursued. Those are words and actions of self-de- fense," Mascolo commented.
 The jurist stated he would sus- tain the states objection unless and until other evidence was introduced. Mascolo commented that perhaps after the court passes on medical evidence this will be admitted"
 Psychiatrist On Stand
 A psychis trist, pr. Thomas Carey of Hartford, earlier had testified in the absence of the jury, and Mas colo had stated he would present citations later to show why that medical testimony should be ad- mitted.
 Coscia wept openly when he was finally dismissed from the witness stand at PAS yesterday afternoon. He went first to the prisoners pen, wiping tears with handkerchief, and then took his regular place at the counsel table. He spent about 13 and F hours on the stand since he was first called to testify last Wednesday.
 When Mascolo and Fitzgerald first indicated they had finished examination of Coscia, Judge Cor nell asked series of questions.
 Addressing the interpreter, the jurist stated, We understood him
 to say to counsel that he was full of fear and rage and did not have control of himself when he was
 down in front of the Cyr kitchen door. I want to find out, if he can
 tell us, when it was on that morn ing, and where he was when he be- came full of fear and rage and did
 not have control of himself"
 After further explanation of the query, Coscia answered. "The fear
 started when I was downstairs, and
 when he chased me ill the corridor
 and fear became greater. Certain
 ly after took the gun to reason
 with him, by his offenses and &C.,
 tions I became enraged."
 Let him say when he became
 enraged," the jurist stated, and
 Coscia replied, When he started
 to chase me then became enraged } and was saying, let me go, let me
 alone, I'll shoot you, you beast"
 T want to find out whether or not the rage continued up to the l. time the gun was fired" the judge stated. Coscia replied, T was en- ragged, did not want to have any | vengeance .". The question was F repeated and the accused then stated, No do not believe I had
 it right then
 , When did it stop? Judge Cornell , asked, and Coscia replied, Tn the moments was doing those motions,
 back and forth.
 He has given the ury detailed , account of what happened when he got to the door. In view of that I 3 am wondering what he means when , he says I did not have control" 7" ? The accused said, T lost control of
 myself. I wasn't thinking. I did not realize this could happen. did not realize the gun would be fired" Do We understand that he was
 full of fear and enraged when he
 got to the kitchen door, but when , they started pulling back and forth i with the gun he lost his rage?' the jurist asked. "Yes, lost my rage , and said leave the gum" Coscis
 replied.
 And you were no longer mad. s Judge Cornell asked. "No," Coscis f answered.
 v Mascolo then resumed question. r ing, and Coscia told him he was stil f full of fear at the time, that "jus
 my legs upheld me, I had not con. trol of my brains" At another point Q Coscia stated, When I went after . him did not think any more o1 r what was happening" He said tha at the time the shot was fired he had no rage but did not have con. trol of himself.
 < Loses Rage
 Fitzgerald then asked a few nor,
 questions, and Coscia testified tha q when the gun was pulled back ant t forth he had lost his rage. "Whel n you say you had lost control yo, l. mean you did not realize the gul . would go off, is that right" Fitz V gerald asked, and the witness re
 piled, precisely"
 ,t The soldier, who said he cam l. home on furlough from Camp Lee ,e Va. through intervention of the Re Il Cross, testified he was a sophomor l. at Columbia when he entered tn n service in March, 1943. and sai : he had planned to major in psy I chology.