The Waterbury Democrat., 1945-06-07

denied that he has seen either Mrs. Cyr or Mrs. Coscia or Attorney Mascolo at his headquarters at g o'clock on the morning of the slay- | ing
 Asked if he made a memoranda of his activities he said he did not and affirmed that he was relying on his own recollection.
 Mascolo asked Inspector Bendler if he knew while he was holding Coscia on Oct. l, that the coroner did not issue a warrant for him until Oct. g, Bender replied, T do not know"
 M2scolo then asked, Did you act under authority of the prose- cutor to hold this man?" Bender answered, T did not" Mascolo asked. Did you see a warrant for him at any time before Oct. 1?' Bender replied, T did not" and in answer to another question from the defense attorney said that he did not give any testimony under oath before the coroner, but, talked things over with him during the investigation.
 Fitzgerald then asked Inspector Bendler if he had charge of the prisoners pen. or booking desk. Bendler replied that he did not, and also that his office was on the. sec- ond floor of the police station, not on the first where prisoners are | kept.
 Next witness called by the prose- cution was William Reynolds, an architect, who prepared several diagrams after the staying, show ing the plan of the cellar and two 1 floors of the house.
 To place the diagrams where the jury could see them Atty. Mascolo suggested that the table where the accused and the prosecuting ana defense attorneys were seated De moved back. The accused, Coscla, Mascolo, Francis Feeley, Fitzgerald Walter Smythe, and Sheriff Chris Olsen all lent a hand to move the heavy table back. Mascolo then asked Judge Cornell if he could get him seat down in front Of the diagrams. Judge Cornell repheo from the bench, No, thank you think I will remain here.'
 Reynolds was testifying to dlmen- sions of the kitchen where the fatal shooting took place, and of the blood on the floor, under ques- tioning by Walter Smythe, the as- sistant states attorney, when the 1 o'clock recess was called. r Lacerated Lung
 Yesterday afternoon Dr. EdWare Kirschbaum, medical examiner, tes' tified Cyr's death was caused by gun shot wound which resulted 1T a lacerated heart and lung. He saic the wound was at the middle Of the chest. little to the left. He saie the force of the lead pellets ap' peared to be slightly downward.
 The medical examiner said ht arrived at the staying scene a about 8:1O a. m. and found th' body on the floor, face down. sur rounded by large pool of blood No wound was apparent until n turned the body over on the back he said.
 A bean-shaped bruise, about one half by three-eights of an inch Il size, appeared just below the gun shot wound, Dr. Kirschbaum stated
 Rib and veterbrae fractures wert noted and a large area of disclora' tion appeared below, it was re vealed. The witness identified jar of lead pellets which he Sait were removed from the body.
 Asked by the prosecutor abou an examination of Coscia conducted at police headquarters that sam day, pr. Kirschbaum testified h. found arm abrasi ions, elbov scratches, shin bruise, and tWt small red areas on the neck. Th' marks on the neck were five-elghth of an inch in diameter and looket like bruises he said.
 On cross examination Dr. Kirsch baum revealed the examination o the accused was made at APO D. m Asked what Coscia's condition wa mentally, he replied Coscia wa quite agitated" Was he nervous, Attorney Mascolo asked, obtainlnI an affirmative answer
 The defense attorney asked the gun was fired at close quarter and the witness replied he coult not say He said there was no evi dence of gun powder.
 Referring to the rib fractures Attorney Mascolo asked if that in dicated the gun was fired at clos range. IS showed it was shot "witl considerable force, the witness re piled
 Aside from the chest wounds tn only other injury was to Cyr' thumb. the medical examiner said He stated the htumb injury looked as if it might have been caused b. nail or splinter,
 Referring to the bean-shape' chest bruise, Attorney Mascol asked if a part of the gun coul' have caused it. Dr. Kirschbaun replied, T think if one of the bar rels came in contact alone 1t mlgh have"
 The prosecutor then asked if tn wad from the gun shell could hay caused the bruise, and he replie affirmatively.
 Thomas J. Grady, who lives O. West Porter street on premises ad jacent to the staying scene, testi fled of hearing and seeing the com motion at the Washington avenu house on Sept. 26 and told of go ing to the Cyr home and seein the body.
 When the witness said he sa' Mrs. Coscia at the hatchway on tn south side of the house and hear her screaming, the defense objected
 Attorney Mascolo stated Mrs. Cos cia was not obliged to testif against her husband, and that test
 mony in relation to her should |
 stricken The objection was ovel