The Waterbury Democrat., 1945-02-01

meant, Zukauskas replied. T meant was all exhausted and worried about my wife and children; the food I was getting. and wasn't get ting-no sleep-I was just giving out" This was just about noon, that because the siren was blowing Zukauskas said, he remembered and I sort of got scared"
 Carmody then asked. Whether or not your answers to the questions were freely. willingly. and volun- tarily given?"
 They were, zukauskas replied
 Carmody then reminde.. him he had been without sleep for days. and in confinement ana repeated his question, asking Zukauskas if he had been at home on Alder street, would he have answered the questions. Zu- kauskas replied T would not
 "If you had not been locked up would you have answered the ques- tion," Carnody asked. No" zu- kauskaS replied.
 Fitzgerald surprised the court room by decling to crosS-examine Zukauskas, and again called Homick to the stand.
 Gager repeated his objections. and declared that Zukauskas had been held prior to his confession, in violation of the due pocess of law clause of the l4th amendment, mak ing the confession inadmissable.
 Fitzgerald did not repeat his legal arguments, but told the court, The defendant has stated that his an sWers to the Coroner's questions were voluntary, and who should know if he doesn't!"
 The judges then went into a hud- de. and Judge McENoy finally an nounced that Atty. Gager's objec- tion was oYerruled. 0ager took ex- ception from the ruling, and Holnick proceeded to read the transcript of the confession made to him by Zu- kouskas on Saturday morning.
 I2 Cops On stand
 Yesterday afternoon 12 Water bury police officers were called to the stand as the state sought tes- timony preliminary to introduction of statements made by ZukauskaS to investigators.
 All of them denied that any threats were made to the defend- ant on Nov. 2, 5, or 4, or that phy- sical violence was used Likewise they testified no promises were made to the prisoner in exchange for information and no inducement was offered in an effort to obtain 4 confession.
 Those who testified were: Officer William O'Dea, police driver from II D. m. to ' a. m. on the days in question; Officer Harold T. Green, doorman those same hours; Lieu tenant Joseph Petit. on desk duty from l0:4O D. m. to $40 a. m; Lieutenant Bernard J. Burns, on desk duty from 6:45 a m. to 2:45 ?. m; Officer John Mcdonald, driver from 6:45 a. m. to 2:45 D. m.; Of- ficer Thomas J. Grady. doorman from GAS a. m. to 2:45 D. m; O- ficer Edward F Dunn and Officer William Lizak, both of whom served as doormen from 2:45 D. m. to l0:46 D. m; Lieutenant Walter Ahearn desk officer on the afternoon shift; Officer Paul Moynihan, detective on duty from D. m. to 3 a. m.
 Officer George McElligott and Sergeant Joseph Mccarthy, both of whom had testified twice previously, were again recalled for that phase of the states case.
 All officers were asked if they saw Zukauskas while they were on duty at the cell block. and were asked to tell of their conversations or of his appearance.
 Not Properly Fed?
 In cross examination Defense At torney w. w. Gager indicated p0S- siblc claims the defense may make. He repeatedly asked questions on meals served to Zukauskas and on his sleeping habits. It appeared the defense may claim the prisoner was not properly fed and had not had sufficient sleep at the time ne made statements to investigators Nov. 4.
 When Officer Green was on the stand the defense attorney drew out testimony that the officer pas sed through the cell block every 20 minutes when he was on duty or the night shift. The witness, In answer to cross questions stated he spoke to the prisoner when he made his rounds, but added there may have been times when he passed him without speaking.
 Judge King inquired who spoke first and the witness stated he could not say who spoke first put he knew they always spoke.
 Lieutenant Petit testified he re- ceiyed a call Nov. at ll:Oo in- forming him Zukauskas would not be on duty that night. Officer Mcdonald testified Zukauskas called for his pay envelope between ] ana 80 on the afternoon of the slay- ing. He stated the former police man was sober
 Ofiicer Grady, who served most of the meals Zukauskas had In the local tail, gave detailed testimony on ordering the meals. He salo he was given all order Nov. r serve Zukauskas dinner every day. He admitted on cross-examina ton small notebook he kept foi reference did not record dinner for Zukauskas on Nov. ,. but added he may have forgotten to make ar entry. He said. however, the total number of meals noted in his book coresponded with the total number of orders given to the Boys Club which supplied the food. The note book was entered as a defense ex. hibit. The of1lcer also testified ht ] gave words of encouragement tC