# Appendix — Coolidge v. New Hampshire > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40386413_0311%3A1 ## Record - **Collection:** Supreme Court brief - **Document type:** Appendix - **Published:** January 1, 1971 - **Citation:** 403 U.S. 443 ## Text Supreme Court of the United States OCTOBER TERM, 1970 No. 323 EDWARD H. COOLIDGE, JR., Petitioner, vs. THE STATE OF NEW HAMPSHIRE, Respondent. ON WRIT OF CERTIORARI TO THE SUPREME COURT OF NEW HAMPSHIRE INDEX Chronoligical List of Important Docket Entries - 1 First Degree Murder Indictment 3 Be | Ramee ee Ee nt pee ne 4 Petition to Quash Search Warrants, ete, 5 Stenographic Transcript of Testimony of Sanapenintie on a ee ust 31, 1964 and September 1, 1964 _..... a 7 ii INDEX Stenographic Transcript of Testimony of Hearings on August . 81, 1964 and September 1, 1964—Continued INDEX TO TESTIMONY Page Direct Cross Redirect Francis P. McGranahan _...........-..... 8 Donald F. Glennon -_.. i Liasok aalasadae te 23 42 wa 2. eee 55 ESE 67 Norman W. Leavitt _... said rOPrOPporo> PO PO PO 40 A At eleven-thirty you said “Good-bye” to Mrs. Cool- idge and went out to the cars? After asking her permission to do so. You went to the cars? Yes. Did you go back to the house? I believe Detective Sergeant McBain did. I didn’t. You didn’t add these things to the receipt? I didn’t. Of course, I didn’t go back in the home. Was there any reason why you didn’t add them to this receipt? A It didn’t seem of importance; it was just part of the routine. As a part of the routine, as you say, if you see {fol. 51] something you think might help, you take it? A Yes; with permission, of course. Q You are not saying that you had permission from Mrs. Coolidge to take these things out in the car without telling her about it? A I assumed that the sergeant might have told her when he went to the door. I left it there. Q In your business you claim that you give receipts, but you don’t know whether Detective Sergeant McBain did or not? A In this case, taking the four guns, I thought that it was advisable to take these, yes. THE COURT: Four guns? MR. REYNOLDS: Yes, Your Honor, four guns, a red jacket; and in the list there is a gun charged as be ing the alleged murder weapon. Q Now, Inspector, this is the first time that you were ever at the Coolidge house? A That is right. Q And you can’t think of anything else other than the receipted items, the trousers and the shot? . A To my knowledge I had nothing to do with taking anything else out of the house. Q Did you observe Detective Sergeant McBain take anything other than what is listed on the receipt or that you found in the cars? OPO PO PO Pp 41 {fol.52] A No, sir. Q What did you do with these items when you got back to the station? A Took them upstairs, laid them on the desk, and they were tagged. Q I assume these items are still at the station? A They were turned over to another party. Q Did you turn them over to Captain Stipps? A Yes; by us to Captain Stipps, and I believe he gave them to another party. Q But you made your reports to Captain Stipps of all your events of the day? A I believe, that was pertinent. Q Mr. Coolidge was arrested February 19th, some seventeen days later? A Yes. Q Were you in on that? A Yes, in a way of speaking I was involved with— not with, but I was at the station when he was brought in. Q Did you go to his house the night he was arrested? A No, sir. Q Did you ever go to the house that night? I under- stand even after he was back in the station certain police stayed in the house all night. MR. BUSSIERE: I think in the scope of the hearing [fol. 58] now being held this is immaterial. This is in a desire to save the Court’s time. THE COURT: What is the materiality? MR. REYNOLDS: I want to get back into an item on the inventory and the warrants. (No answer) Q Did you at any time go back to the house and look the house over after February 2nd? A No, sir. Q You never went back there yourself? A I never went back there myself. No, sir. Q Inspector, it is fair to say that the items that you gave the receipt for and the other items taken from the ear on February 2nd were all related to your investiga- tion of the Mason case? As far as I am concerned, yes. And had nothing to do with the Cote case? Pardon? None of these items that you have listed had any- thing to do with the Cote larceny case? A No, sir. MR. REYNOLDS: That is all I have. Thank you very much. OPOp CROSS EXAMINATION BY MR. BUSSIERE: Q Inspector, did you look through the house for any weapons? A No, sir. ({fol. 54] Q How did you happen to obtain any weap- ons? A Well, we had been talking to Mrs. Coolidge, and told her most everybody who had been questioned about the Mason case, we were taking items for examination— such as guns and so forth. She stated that they had four guns in the house. Q Inspector, as of the time she stated that, did you know the type calibre or type of gun that had been used to kill Pamela Mason? A I knew of the calibre, but right now I can re member—it was twenty-five-point-something or other. I can’t remember now. You knew what— We were looking for a small calibre gun of some Were you looking for any particular type? Primarily, a rifle. Or a handgun? Anything like that, yes. You interviewed many persons in the course of your investigation of the Pamela Mason case? A Yes. Very often. Q Did you take any firearms? A Yes. Q Why? A To ask if it was all right with them to take them [{fol. 55] to the station for a ballistics test. OPOPoOd po | 43 Q As far as the firearms in the Coolidge home, who t them from where they were? A Mrs. Coolidge got them from the closet. Q Did she say anything when the firearms were asked for for examination? A She said that they had four guns in the home. Did she say anything else? A After telling her about the examination of guns and so on, she s2id she had nothing to hide and she had no objection to our taking them along for tests. Q As a matter of fact, didn’t she want you to take them? A Yes. Q Was the same type of conversation had with re- spect to the red hunting jacket and the one pair of trous- ers that came out of the house? A That is right. She had no objection to our having them. Q How would you describe Mrs. Coolidge’s attitude toward you? A Yes. She was a very, very nice woman. She made coffee for us, and was very co-operative. Q She was anxious to clear her husband? A Absolutely. MR. DEVINE: Just a minute. I move that that be stricken. THE COURT: It may be stricken. (fol. 56] @ Would you describe her attitude? THE COURT: He has already said she was co- operative. A She was very co-operative. Q Would you tell the Court the manner in which she was co-operative? A In handling the guns, she asked us to take them along and had no objection whatsoever. She made us cof- fee, and she indicated to me that she was a very nice and very co-operative woman. Q Just going back to a few general questions about your booking procedure and arrest procedure, when a per- = y placed under arrest do you take his property from im? ee 44 A Taking a general case? Q General procedure. A In a general case when a person is arrested he is brought before the booking cage, and he is asked these questions—name, address, date of birth, and then the items are taken from him by the houseman. Q What is done with the articles? ; 4 They are placed in an envelope and placed in the es Q When were the articles taken from him? A Immediately after the questions of the officer in charge. Q When you were at the station was Edward Cool’ige free to come and go as he pleased? A Yes, he was. [fol.57] Q Was hein a cell? A No. Q Was he free to go where he wished? A Yes, as far as I was concerned he was. Did he leave at any time to go anywhere by hin- A Yes, he did leave to go to the bathroom. Q How would you describe his attitude? A He was very co-operative. MR. BUSSIERE: That is all. MR. REYNOLDS: If the Court please, I understand the State has the booking sheet? MR. BUSSIERE: Yes; I represent this is the book- ing sheet of February 2nd and February 8rd, Your Honor. THE COURT: We might as well take a recess while you are looking at them. (Recess 3:35 to 3:55 p.m.) MR. BUSSIERE: May it please the Court, I believe counsel have had an opportunity to examine the booking sheets of February 2nd and February 3rd of this year. MR. REYNOLDS: Yes, Your Honor. I would like to have this police blotter marked as an exhibit. MR. BUSSIERE: Your Honor please, it adds nothing [fol. 58] to what is already in evidence. 45 THE COURT: What has it got that hasn’t been in- troduced? Nothing at all. I thought it had been agreed the time was from one p.m. on. MR. REYNOLDS: That is all right. I think he said it was quarter of one when he got to the station and Coolidge was there then. THE COURT: I don’t see that that adds anything to what is already in evidence. MR. REYNOLDS: All right, Your Honor. REDIRECT EXAMINATION BY MR. REYNOLDS: Q I have just a couple more questions, Inspector, with regard to lie detector Sunday, February 2nd. A Yes. Q These shells were, you say, taken out of the glove compartment of the Pontiac? Yes, sir. Were they loose or were they in a box? They were boxed. They were empty shells? No; loaded shells. And they were twenty-two calibre? They were twenty-two calibre. Did you pick up any other shells that evening— empty shells? A I would say no. I don’t believe I did, no. It was [fol. 59] just the box. I am pretty sure that is all there was. Q Did you look for any shells in the house in the area where the riflles were found? A No, sir. We didn’t look for anything in the house. Q I understand as a matter of routine you were go- ing around to homes looking for— A Guns. Q Guns and other things—small calibre rifles? A Guns. Primarily guns. Q You told Mrs. Coolidge, as a routine matter, that you were looking for these things and wanted to take them to the station and check them out? A Yes. With permission. DPO PO POY — cS She told you he had guns? Yes. You were aware that he had guns? Yes, Four. You knew that before you went there? I don’t believe I knew he had any guns, no. It didn’t come out in your questioning from one o'clock? A The questioning was not relative to guns. No, Q As I understand it, it was your believe that at any time from quarter of one on, when you first saw Edward Coolidge, until two o’clock in the morning he could go home? A He could have gone if he wished. {fol. 60] Q You just didn’t think to drive him to his home at ten-thirty that evening? A No; no, sir. THE COURT: How did he get there? WITNESS: He came in his own car. THE COURT: How did it get back to his house then? MR. REYNOLDS: I think we can show that some time in the afternoon Mrs. Coolidge went to the station and brought his car home, so that both of their cars were at the home, Your Honor. WITNESS: Yes, both of the cars were at home. MR. REYNOLDS: That is all I have. THE COURT: Anything further? MR. BUSSIERE: No. MR. REYNOLDS: We would like to call Detective Sergeant McBain. OPO ro Po (fol. 61] TESTIMONY OF WILLIAM P. McBAIN Sworn by Mr. Reynolds; direct examination by Mr. Reyn- olds: THE COURT: May we confine the questioning of the sergeant to the visit to Mrs. Coolidge’s house? MR. REYNOLDS: With one exception, Your Honor, —some questions about the lie detector tests. " ssh 47 THE COURT: Well, I am not concerned with the lie detector tests today, am I? MR. REYNOLDS: I think in the lie detector test the question was asked, “Do you know of any previous un- solved crimes?”, and at the time Edward Coolidge said, “Yes, a oCte larceny that I am involved with.” THE COURT: You mean from then on he was un- der detection. MR. REYNOLDS: Yes. May I have your full name and occupation? William P. McBain. Your position? Detective sergeant with the Division of State Po- re eo lice. You have been with the State Police for how long? Twenty-four and one-half years. At some point you were requested by the Attorney [fol. 62] General’s office to assist the Manchester police force in investigating the Pamela Mason case? Yes. One of your duties is giving lie detector tests? Yes. You are the only one of the force which does that? No. There is another operator—Major Grey. When was the first time you saw the defendant? I will have to go back to 1960 for that answer. I won’t go into that then, because we are confining OP OPO ro ror s > n a ® A February 2nd, the afternoon, on Sunday. Q That was when Officers LeClair and Glennon ar- rived at the State Police Headquarters? A That is correct. q For the purpose of your giving him a lie detector test A Yes. Q You made a report and all that, I assume? A Yes, I did. Q How long was he in taking this lie detector test? A The actual test, as far as the machine being in operation, wouldn’t take longer than fifteen or twenty minutes. ao 48 Q Now, you asked him a number of different ques- tions, I understand, and looked at the impulses to see if you _ getting a reading which will tell you some {fol.68] A Yes. Q Can you give an example of some of the standard questions that you asked on the test? MR. BUSSIERE: Your Honor please, I don’t know that this is material. THE COURT: No; I don’t either. MR. REYNOLDS: I will strike it. THE COURT: I am a little troubled, getting into this re Well, you are withdrawing the question any- way MR. REYNOLDS: I will withdraw that. Q At some time,—at some point that Sunday after. noon while you were with Edward Coolidge up in Con- i did something about a larceny—Cote larceny—come up A Yes. Q Can you tell me what you claim came up and what was said? A Well, all questions which are going to be asked on the machine are gone over with the subject taking the test before-hand, and one of the question I asked him was how he was going to answer, “Have you ever committed a serious undetected crime?” To which he answered, “Yes. A robbery.” And then he went on to explain the larceny from the Cote Bakery. Q And that is how it came out? Is that right? A That is right. Q Then you reported this to either Inspector Glennon (fol. 64] or Officer LeClair? A I did. Q Did you drive back with them to Manchester? A No. Q At some point, around six or so in the evening up in Concord, Edward Coolidge had admitted to you com- mitting a larceny? A Correct. — 49 Sometime later on you came te Manchester? A I did. What time was that? A I would say it was approximately eight-thirty or nine o’clock that evening. Q And at that time did you see Edward Coolidge and question him, or sit in while the questioning was going on? A No. I first called Captain Stipps, who was at his home, and we arranged to meet at the Manchester police station. Q Was the purpose of your coming to Manchester and calling Captain Stipps to arrange your discussing Edward Coolidge and the Pamela Mason case? A Yes. Also, I would like to add to that—also fur- ther investigation of the Cote larceny. When you left Inspector Glennor and Officer Le- Clair, you had told them about the larceny? A Correct. Had you told them to check it out, or suggested (fol. 65] that they might do that? A No, I did not. Q In any event, you met Captain Stipps in Man- chester around nine o’clock to discuss Edward Coolidge, Pamela Mason, and the larceny? A Yes. Q , Did you question Edward Coolidge at all that eve ning A Yes, I did. Q When did y ou start talking with him? A Well, it was after we got back from talking with his wife. Q All right. The first time you talked with Edward Coolidge after Concord was after you had seen his wife? A There was some conversation between us after the test. Q But no conversation in Manchester until after you saw his wife? A Yes. Correct. q You went over what he said with Inspector Glen- non 50 A Yes. Q And you said there were some things you wanted to check out, and you were looking especially for smal] calibre rifles and so on? A There was no special intention on my part to look for some firearms, if that is what you mean. Q It came to your attention that he had some fire arms in the house, you asked to see them, and you were shown them? A Yes. After a statement was made to Mrs. Coolidge [fol. 66] that other suspects in this Mason case were be- ing questioned, and whenever firearms were brought out they were asked if they could be tested. Q Was it you who decided to go over to the house with Inspector Glennon, were you ordered to, or how did that work out? A I think Captain Stipps assigned Inspector Glennon to go over with me. Q As a result of conversation with Captain Stipps you thought it was a good idea to go over there that night? A Yes. Q Rather than call and asked her to come to the sta- tion? A Yes. Q Was there any special reason you had to see her that night? Was there any— A No, but I wanted to futher the investigation by confirmation which only she could give. Q So your going over had nothing to do with the Mason case? A Oh, yes it did. Q But incidentally you wanted to check out a feature of the larceny case? A That is right. Q Inspector Glennon suggested you were shown cer- tain things and took certain items, and in addition you went out and inspected the cars? A That is right—with the permission, and with the [fol. 67] keys which were given to us by Mrs. Coolidge. Q She gave you the keys and you went out and looked in both cars? 51 A Yes. Looking in the glove compartment, the trunk, and so forth? A Yes. Q Was it you or Inspector Glennon who found the twenty-two calibre shot? A I found the twenty-two calibre shot in the glove compartment. And you took those? Yes. And was it a pair of trousers? I found a pair of trousers in the trunk. And took those? Yes. Did you bring them into the house? When I brought back the keys and the interview was about to finish, I went back to Mrs. Coolidge and told her that we were taking a box of twenty-twos and another pair of pants. Q Where was that? Where were you standing when that took place? A In the kitchen. Q You went back in the house? A Yes. Q Was Inspector Glennon with you? [fol.68] A No. He was outside. Q Did you see Inspector Glennon give her a receipt for these other items? A No. Q Did you tell her that you were going to return them tomorrow, or sometime? A I didn’t say a date, no. I said that they would be returned when we were finished. Q Did you take any other items from the house, prop- erty or cars, other than those that are listed? I show you Defendant’s Exhibit H, which is Inspector Glennon’s receipt listing these various items. Do you know of any- thing else which was taken that evening? A Yes. A recall a single glove. Q A single glove? FrOPO PO PO 52 A Yes, a single glove which was found in one of the cars, but I am not sure which car iit was. Where in the car? Back seat? The trunk? A I think it was found in the back seat. Q What material glove? A leather glove, a mitten, or A I think it was a brown furry substance, which could have been partly leather, too. Q Left hand or right hand glove? A Idon’t recall. What did you do with these items? (fol. 70] A They were brought to the Manchester po lice station and turned over to Captain Stipps. Q Did you make a report about the events of that evening, what was taken, your conversation with Mrs. Coolidge, and so forth? A Yes; in conjunction with Inspector Glennon. Q And in that report I suppose you itemized again the items which you took—the glove, and so forth? A I believe so, yes. Q All right. Can you think of anything else—trous- ers, glove, and a box of twenty-two caliber—over and above what is on the receipt list? A I am not clear as to whether another hunting jacket was taken. We were shown two hunting jackets, and whether the other one was taken or not, I do not recall. Q Talking about clothing, in addition to the two pair of trousers and maybe one or two jackets, were there any other items of clothing? THE COURT: Why don’t you let him see that? It might refresh his recollection. MR. REYNOLDS: The word here is “toque”, which I didn’t know what it was until recently. THE COURT: To me it is a cap. Q Was it a stocking cap or some kind of hat? A I don’t recal! any kind of cap or hat. THE COURT: Maybe I am wrong. Isn’t a toque a {fol. 71] cap? WITNESS: Yes, it is. 53 MR. REYNOLDS: I am referring to Defendant’s Ex- hibit G. What is a toque? MR. KALINSKI: I have the same understanding as Your Honor has. That is what was reported to me and what I put in the letter. THE COURT: Perhaps the State will be helpful and tell you what if anything else was picked up, other than what these two gentlemen have testified to. MR. KALINSKI: I don’t think so, Your Honer. MR. REYNOLDS: Seems to me we have a missing e, Your Honor. THE COURT: Seem sto me it is a toque that nobody knows where it came from. Q Did you go back to Seames Road, to the Coolidge home, at any time other than this night? A Yes. We went back later with a search warrant. Q That was the day he was arrested, or the day after? A The day after, yes. Q At that time you didn’t pick up any hat? A Well, of course there was a group there. Q I mean you don’t recollect picking up a hat your- self? (fol. 72] A No, I don’t. MR. REYNOLDS: That is all. Thank you very much, Mr. McBain. THE COURT: Do you have any questions? MR. REYNOLDS: Oh, I have just one more. Q I want to make absolutely sure. Your recollection is that you didn’t see or didn’t take anything other— whether it is clothing or not, or whatever it is—other than these items which are on the receipt, plus the items you have already told us about? A Not to my knowledge now. Q Well, there is a record some place— THE COURT: May I inquire at some point, when you bring in things does someone make a list of them? WITNESS: That would have to be answered by one of the Manchester officers. You might be referring to a small knife which I recollect might not have been in- cluded in this list. Q Are you referring to finding a knife? 54 A In the glove compartment of the car. Q On February 2nd—Sunday night? A Yes. That is the glove compartment of what car now? [fol. 73] A The Pontiac. Q Did you ‘take that? A It is not on the list. Q Forgetting the list, do you remember taking a knife? A _ I remember finding it, but whether I took it or not I don’t know. Q All right. What kind of a knife? A _ I would call it a paring knife. Q Paring knife, trousers, a box of shells, a glove— plus these things, on this list. Anything else? A Not that I recall. Q At any rate, you did make a list of the things you and Inspector Glennon took, and you put it on a report which you and Inspector Glennon signed? A I believe so, yes. Q You both signed it? A No. I believe Inspector Glennon made it out and I looked at it. Q Did you sign it? A No. Q Did you make out any report as to your activities on February 2nd, 1964? A As to the conversation with Mrs. Coolidge I did make a report. {fol.74] Q Was your report stapled to Inspector Glen- { non’s, or was it a separate report? A It was a separate report. Q Who did you make your report to? A That would be to Colonel Regan, who would send it to the Manchester police. Q You didn’t turn it over to Caption Stipps; your chain of command was Colonel Regan? A That is right. Q And he might or might not have turned it over to Captain Stipps? A That is right. MR. REYNOLDS: Thank you very much. we CROSS EXAMINATION BY MR. MAYNARD: When you went down to the house that evening to see Mrs. Coolidge, you had some matter that you wanted to corroborate or clear up, as a result of your talk with Mr. Coolidge? A That is right. Q Will you tell us what your reason was for having a desire to go down to see Mrs. Coolidge? A When Mr. Coolidge explained to me about the lar- ceny of money from the Cote Bakery, I inquired how he did it and what he did with the money. He told me that he had bought his wife a washing machine. That was one of the reasons I went down, to confirm that with Mrs. Coolidge—which she did confirm. [fol. 75] Q When you went down, did you and Inspec- tor Glennon go to the house at the same time? A Yes. Q Did you knock on the door? A Yes. Q Would you tell us what was said when your knock was answered? A Mrs. Coolidge came to the door. We identified our- selves and told her we would like to talk with her, if possible. / Q What did she say to that? A She invited us in. Q When you went in, who was there? A It would be Mrs. Dorothy Coolidge—Edward Cool- idge’s mother. As well as his wife? Yes. Did you go in the front door? It was the side door, which lead to the kitchen. After you went in were vou asked to be seated? Yes. Did you sit in the kitchen or in another room? We sat in the living room. Was the living room off the kitchen? Yes. Did you at some time go into the bedroom? 55 Q A Q A Q A Q A Q A Q 56 A Yes, at a later time I did. [fol. 76] Q While you were there Mrs. Coolidge made you some coffee? A Yes, she did. Q How would characterize her attitude toward you and Inspector Glennon? She was very co-operative. I am speaking of Mrs. Coolidge, the wife? Yes. Did you talk with Mrs. Coolidge, Sr.? Just a few questions. What was her attitude? I will have to say that she interrupted our line of questioning in the first place. Q That is when somehow or other it was made ap- parent to her that you wanted to talk to the younger Mrs. Coolidge alone? A Correct. Q How long after you arrived there and started talk- ing with the Coolidge ladies was it that the senior Mrs. Coolidge left? A I would say between ten and fifteen minutes. Q How] ong were you in the house all together? A I would say we arrived there at ten-thirty and left around eleven-fifteen or twenty. Q While you were there did you search the premises? A No. MR. REYNOLDS: I object. This is a pretty legal word. I think the facts speak for themselves as to what {fol. 77] rooms they may have gone into or didn’t. THE COURT: I think it is clear, as I understand their previous testimony, that they took nothing from the premises—not including the two cars—but what was brought to them by Mrs. Coolidge. Am I correct there? WITNESS: That is correct. THE COURT: And that they did not leave the room that they were in for the purpose of getting anything. Is that correct? WITNESS: There was one instance where Mrs. Cool- idge did go into the bedroom. I think that was with re gard to the hunting jacket or the trousers—the uniform trousers. POPOrPop 57 THE COURT: Did you follow her intc that room? By “you” I mean you and/or Inspector Glennon. WITNESS: Yes. Q Did you look into the closet, or feel around? A Oh, no. Q Did you look around any of the other areas of the house, except where you were invited? A No. In taking the hunting jacket, did you go through (fol. 78] the pockets of the hunting jacket? A No, I didn’t. Q You couldn’t say if there was anything in the pock- ets or not? A No. Q Were you looking for any particular firearm at the house? A No, sir. Q When you went to the house did you go to obtain any firearms? A No. Q When you went into the bedroom, were you re- quested to go, or did you just follow Mrs. Coolidge? A I would say that Mrs. Coolidge, in getting the things, said—invited us to come along. She would point out a pair of trousers and say, “Would this be anything you are looking for?”—in that general vein. Q Did you ask at some time about looking in the au- tomobiles? A Yes. Q How did that come about? Who asked, and what if anything did Mrs. Coolidge say? A I told Mrs. Coolidge we would like to look over the cars. She used the expression, “We have nothing to hide. Here are the keys. Go ahead and look them over as much as you want.” MR. MAYNARD: I have nothing further. REDIRECT EXAMINATION BY MR. REYNOLDS: Q I understand, however, that you were over there looking for items—firearms and what have you? [fol.79] A Only when it was suggested to Mrs. Cool- 58 idge that we were checking on firearms, and did they have any. Q None of the items that you were looking for had anything to do with the Cote larceny? A That is true. Q You went over there looking for a washing ma- chine? A That was only one reason. Q Didn’t you believe Edward Coolidge when he told you he had committed this larceny? A Yes, I did. As of six o’clock that evening you were satisfied that he had committed the larceny? A But there was no corroboration by another party, which could have been done. Q All itenis taken that night, I understand, had to do with the Pamela Mason case—the four guns and all the other items? None of them had to do with the larceny? A Well, we didn’t take the washing machine. Q Answer my question. None of the things you took had to do with the larceny? A No. Q You went back to the station after that and ques- tioned him for a while? A Yes. Were you present while he had something to eat? [fol.80] A Yes. He was brought in sandwiches and coffee. Q What time was that? Between eleven and twelve? A_ I would say it was around midnight. Q When you arrived, Mrs. Coolidge, Sr. was there. When you questioned Joanne Coolidge, she interrupted, as I_understand it? A Yes. Q In some way or other, the Attorney General says it was made clear to her that she should leave. Did you ask her to leave? A I _ would like to make an explanation as to that. When we talked with young Mrs. Coolidge, we inquired whether we should talk to her in the presence of her mother-in-law. She intimated, “Go ahead; anything told 59 to her mother-in-law was all right with her.” Then we started to question Mrs. Coolidge about her husband’s activities on the night of January 13th. Mrs. Coolidge, Sr., or the mother-in-law, then made some statement or interruption. Q So you asked her if she would kindly leave? A Well, it wasn’t put as bluntly as that, but that was the general inference, yes. Q Well, tell me how you put it. A I think we said something about we could come back later when Mrs. Coolidge was alone. Q Isn’t it true that you could have come back the next morning very easily? (fol. 81] A Yes, I suppose we could have. Q You knew that this lady had a very young child that might have been a year and a half old? A Yes. Q The child was in bed, she was alone, and she was a young lady? A Yes. Q It was fairly late at night, and her husband—you knew—had been gone at least from one o’clock on? A That is correct. Q By the way, when you did go over there Inspector Glennon did tell Mrs. Coolidge, “Well, we don’t know whether or not your husband will come home tonight.’’? A Yes. Q Didn’t she inquire where her husband was? A Yes; and out of courtesy we told Mrs. Coolidge that it was very possible that he would be detained in the station that evening. Q But whoever it was hadn’t made up their mind? Is that right? A Well, I believe it was Captain Stipps who have had to be consulted in that respect, yes. Q You didn’t say, “Your husband is being held at the station on an arrest under a charge of larceny.”? A No. Q Because he wasn’t arrested, was he? A Not at that time. [fol. 82] Q Well, not until much later? ee A That is right. Q So you said, “Your husband is in the station, stil] being questioned on the Mason case.”’? THE COURT: I believe the previous phraseology was that her husband was being detained. MR. REYNOLDS: Detained. I am sorry. A That is right. I don’t believe there was any spe cific case mentioned—whether it was the larceny case or the Mason case. MR. REYNOLDS: I have no more questions, thank you. MR. MAYNARD: I think Your Honor’s recollection of what Sergeant McBain said is different than my recol- lection. THE COURT: All right; let’s have it read. Go back two or three questions. (Record checked and read) MR. MAYNARD: I think the sergeant said that they were going to detain him until after Captain Stipps made up his mind whether there was a case. THE COURT: Let’s ask the sergeant then. {fol 83] WITNESS: That is what was in my mind— that it was very possible that he would be detained when we got back with this informaticn. MR. REYNOLDS: One move question then. Q He wasn’t under arrest when you went to Mrs. Coolidge’s house? A Not to my knowledge. Q Not to your knowledge. And you had just left Captain Stipps, who was in charge of the investigation? A Yes. Q It was your understanding that he was free to go at any time? A Yes. We knew who he was, and I think if he had to be picked up we could do it very easily. Q There was no fear that he would flee the country? A No. In fact, he made an appointment to come back to see me the following Sunday. Q You felt that he was satisfied to be in the station all this time? 61 A I can’t answer that. He wasn’t in the station all the time. THE COURT: Did he ever ask to go home at any time and come back at any time when you talked with him at the station? WITNESS: No. Q When you were at the station did you or did any- (fol. 84] one in your presence say to Edward Coolidge, “Ed, any time you want we will drive you home.’’? A No; I wouldn’t say that. Q Did you ever hear anyone, in your presence, say that to him? A No. MR. REYNOLDS: That is all. MR. MAYNARD: We have no further questions. TESTIMONY OF JOHN A. STIPPS Sworn by Mr. Graf; direct examination by Mr. Graf: TH ECOURT: Tell me—I have seen the rather lengthy deposition. Are you possibly going to ask Cap- tain Stipps anything not asked in the deposition? MR. GRAF: Just one or two things. I don’t believe I will be very long with the captain, Your Honor. Q Will you state your name and address? A John A. Stipps, 659 Hanover Street, Manchester, New Hampshire. Q You are a police officer? A Iam. Q Captain? A Yes. [fol. — Q In charge of the detective division? A Yes. Q On January 21st—was that the date the office of the Attorney General and the County Attorney took over control and direction of this case? MR. BUSSIERE: I object. I don’t believe that has anything to do with the issue now, Your Honor please. THE COURT: Yes; unless you agrree that the At- torney General had control of the case at the time of the issuing of the warrants. Do you agree that he was in sg charge at the time of the issuance of the war- rants MR. BUSSIERE: We do agree that the Attorney General had general supervision of the case. THE COURT: And that he was chief investigating office at the time he, as magistrate, issued the warrants? MR. MAYNARD: The representation I would make is that I had general supervision over the investigation prior to the time of the finding of the body and at all times after that. THE COURT: I think that is satisfactory. Q We talked last June at some length about police procedure, in regard to the records? Do you recall that? (fol. 86] A Yes. Q As I recall the situation, all records went to you at the first and were made available to the office of the Attorney General. Is that correct? A Yes. Q Pretty much from January 21st or up to February 19th, the date of arrest, you had pretty much daily con- ferences—yourself and other investigating officers of the Manchester Police Department and the office of the At- torney General and the County Attorney? A You said daily? Q Daily conferences. A Well, we had conferences. How often, I can’t tell. Q You had one at least once a week? Is that fair to y A It is possible. Q_ It is probable? A Yes. The conferences had to do with the progress of the investigation of the case? A Yes. Q And Mr. Maynard was a party to those confer- ences? A Yes. Q Calling your attention to January 28th, did you instruct Sergeant Doyon of the state police and Inspector LeClair of your department to go to the Coolidge home? _— 63 (fol. 87] MR. BUSSIERE: We object, Your Honor please, and feel that that is immaterial to the issue being tried before the Court. THE COURT: I don’t understand the purpose of this. MR. GRAF: There has been some reference here, and I think the facts of the situation are that on the 28th Captain Stipps instructed two police officers—and I be- lieve it was just two police officers—to go to the Coolidge home, at which time they were shown various items. THE COURT: I don’t see that it makes much dif- ference. There is no claim by the prosecution as I under- stand it that the acts of Sergeant McBain and Mr. Glen- non were not authorized as a part of the investigation. I don’t see the point otherwise. MR. GRAF: The point is solely the fact that the Manchester Police Department here allege that on Sun- day, February 2nd certain firearms were in the posses- sion of Mr. Coolidge. THE COURT: Oh, you mean before tney went there? MR. GRAF: Yes, before they went there. THE COURT: You may ask that. [fol. 88] MR. GRAF: I will ask generally. Strike the question. Q Prior to February 2nd did you have personal knowledge of the fact that Mr. Coolidge owned shotguns and rifles? A I was aware of the fact that he owred a Reming- ton shotgun, a 410 shotgun and a thirty-thirty rifle, and that is all. Q Calling your attention to February 2nd—Sunday, February 2nd, sometime in the evening there has been testimony that Mr. Coolidge returned from Concord. Do you recall that testimony? A Yes. Q At some point in the evening did you in fact in- struct Detective Sergeant McBain and Inspector Glennon to go to the home of Mr. Coolidge? A Yes. Let’s say we had a conference and the three of us thought it would be best that they do it. 64 Q My point is, it was your suggestion that they go to the Coolidge home? A Yes. Q Was this at the instruction of any member of the Attorney General’s staff or the County Attorney’s staff? A No. Q They did not suggest this to you? A No. Q By the way, did you or any of the men subject to your control inform Mr. Coolidge that they were going to the house? (fol. 89] A I don’t recall if Sergeant McBain had in- formed him. I don’t know. Q And, Captain, again referring back to your depo- sition, do you recall at some point in the day Mr. Reyn- olds started asking you some questions? A Yes. Q Doyou recall that? A Yes. Q Do you recall Mr. Reynolds asking you these ques- tions—and I refer to page 154 question 691: “And do your records indicate that you told Mr. Coolidge that you were sending them there?” Your answer was, “No.” Is that correct. A That is the way I meant it now. Q Is that what you said back in June? A Yes. Q The next question, “Did you tell Mr. Coolidge you were sending them there?” And your answer was “No.” Is that right? A It was “No”. Q So as far as you are concerned, you have no recel- lection of anyone telling Mr. Coolidge that the officers were going to the house? A No. Q Did you give these two officers any specific instruc- tions? A No. Did you tell them to enter the house—gain entrance [fol. 90] to the house? A Gain entrance to the house? 65 Yes. : It is assumed if they went to see Mrs. Coolidge they would enter the house. Q Did you appraise them if no one was at the Cool- idge home not to enter the house? A That is right; to come back. Q If she wasn’t home to come back? A That is true. Q But as long as she was at home you told them it was okay to go in? A That is right. Q And these two officers returned to the station at approximately eleven-thirty that evening? A About. And they brought with them the items which have already been referred to today? A Yes. Q And after they returned did you or any of the men under your control or subject to your control inform Mr. Coolidge that they had been to his house, if you know? A I don’t know. Q You don’t know. Earlier in the day, Mr. Coolidge returned from Concord—about six or seven o’clock in the evening? {[fol.91] A Yes. Q Isn’t it a fact that when he got back from Concord he was not free to leave the station? He wasn’t free to leave at that time, was he? A If he suggested that he was going to leave, I might have—he might have been aliowed to leave. He wasn’t under arrest at that time. Q Again let’s go back to the deposition. Let me see if I can find this. Again referring to your deposition— page 148, Brother Maynard— MR. MAYNARD: Do you suggest that the deposition will impeach the testimony he just made; or will it be like the last time—will it corroborate it? MR. GRAF: I think it will show that at six o’clock or after six o’clock Mr. Coolidge’s stay at the station was involuntary. 66 Q Question 169, “Could you explain?” Answer, “] knew he was there on a voluntary basis.” Next question, “And at six did it become involuntary, shortly after six o’clock that night, six p.m.?” And you go on to say, “Why would it become involuntary at that time. The officers who conducted that investigation obtained a confession.” Did I read those correctly? A More or less. Q Well, did I read them correctly? [fol.92] A I couldn’t follow you. I don’t know where you started. Q I started up here. Those were the questions and the answers given, weren’t they? A I believe it was. Q That is right. So as far as you were concerned, at six o’clock in the evening Mr. Coolidge’s presence at the station was no longer voluntary? Isn’t that so? A It was voluntary up to this point. After six o’clock it was involuntary? A If he had asked to leave then it would have been necessary to book him for further investigation. We had not completed our investigation at six o’clock, but at that time I was aware that he would be charged before the night was over. Q Do you mean to say after six o’clock that night if he had said, “Captain Stipps, I am going home”, he would have been free to go home? A Then I could have booked him for investigation. Q One other thing. The confession you referred to related to the Cote larceny situation? A That is right. Q Captain, do you have a list or a record of those items which Detective Sergeant McBain and Inspector Glennon submitted to you upon their return from the Coolidge house on February 2nd? A Yes. [fol. 93] Q You have a list in court? A I have a memorandum which I had written. I thought it over today. I had written down some of the items taken. 67 THE COURT: I am confused. Is this something you have written down today? WITNESS: That is right. MR. GRAF: I would like to see it. THE COURT: I don’t see how that would be helpful to us. We already have a list of the things which the State thinks— MR. GRAF: I would like to see the official record, Your Honor. THE COURT: That is what I mean; I don’t see how anything that he did today would be helpful to us in this matter. Q Do you have a record which was made on the day the things were brought in? A Yes. Q But you don’t have that record with you now? A No. MR. GRAF: That is the record we would like to see, Your Honor. THE COURT: I assume the State can furnish it. You are probably are interested in seeing it, too, unless [fol. 94]it is what is on the list that comes from Brother Kalinski. MR. KALINSKI: I don’t know what the witness is referring to. THE COURT: We are all a little confused by the fact that there seems to be some things on this list which Sergeant McBain and Inspector Glennon didn’t testify to picking up. I imagine it is a matter of their recollection, and that somewhere there is a record of what they brought back that day. MR. KALINSKI: Yes, Your Honor. THE COURT: Do you have any questions? MR. BUSSIERE: One or two. CROSS EXAMINATION BY MR. BUSSIERE: Q Captain, Sergeant McBain testified that he called you at your home around nine o’clock that night? A Yes. Q Any reference which you made to anything which happened after six o’clock—is that something you have 68 personal knowledge of, or is it something you are guess- ing at? A Yes. I might have gone home around seven o’clock, knowing an investigation of the larceny at the Cote Bak- ery was in progress. It was not completed, and as long (fol. 95] as we had a suspect who was willing to stay, as Mr. Coolidge was, there was no reason why he should have been booked. MR. BUSSIERE: That is all. REDIRECT EXAMINATION BY MR. GRAF: Q After Mr. Coolidge returned from Concord, isn’t it a fact that all the questioning or interrogating, or what- ever you want to call it, related primarily to the Pamela Mason case? Isn’t that the fact? A Yes. Q And the larceny case was incidental so far as you were concerned? Isn’t that right? A We thought the larceny case was not as serious as the Pamela Mason case, and we put more time on that than the other. Q And the purpose in sending the officers to the Coolidge home on Seames Drive was primarily in con- nection with the Mason case? A Well, not primarily with the Mason case. It was two-fold; the larceny case and the Mason case. Q You said the larceny case was not so serious? A I don’t know what they did there. I assume it was with reference to both. Q Well, in your sending them to Seames Drive that evening of February 2nd, at least one of the reasons for sending them there was for the investigation of the Pam- ela Mason case? Isn’t that so? {fol. 96] THE COURT: How much longer are you going to be? MR. GRAF: Just one more question, Your Honor. THE COURT: All right. Q Again referring to your deposition, page 152 ques- tion 683—you read along with me and make sure I read it correctly—Mr. Reynolds asked, “I assume since he made this confession you considered this grand larceny 69 case solved as of six o’clock?” Answer, “Well, solved, yes.” Next question, “Is it fair to say all the questioning which took place from six o’clock until three in the morn- ing had nothing to do with the Cote case then?” Answer, “] would say that is possible.” Were those questions asked, and were those your answers? A Yes. That is right. MR. GRAF: That is all. THE COURT: Are you through now with Captain Stipps? MR. BUSSIERE: Yes. MR. GRAF: I am through with Captain Stipps. Thank you, Captain. THE COURT: How much more do you expect to have in the way of testimony? MR. DEVINE: I would say three witnesses, Your Honor. [fol. 97] THE COURT: You have three witnesses? MR. DEVINE: Yes. THE COURT: Will you need Mr. Coolidge here to- morrow? MR. DEVINE: No, I don’t believe he will need to be here tomorrow, Your Honor. MR. BUSSIERE: Your Honor, most of the officers are here under subpoena. THE COURT: If they indicate which three they want, I assume you will produce them tomorrow morning? MR. BUSSIERE: Yes, Your Honor. THE COURT: All right. You do that. I assume that you can indicate which three you want, and also that Mr. Coolidge will not be here tomorrow. I will see counsel in Chambers before you leave. (Conference between Court and counsel in Chambers off the record) SEPTEMBER 1, 1964. THE COURT: You may proceed. MR. GRAF: Thank you, Your Honor. Captain Stipps. 70 [fol. 98] CAPTAIN JOHN A. STIPPS resumes stand; sworn by Mr. Graf, redirect examination by Mr. Graf: Q Captain Stipps, just going back for a moment to February 2nd, Sunday afternoon did you have some oc- casion at some point in the afternoon—did Mrs. Coolidge come to the station? A Yes. Q At approximately what time did she arrive at the station, if you recall? A Around three or three-thirty. Q At the station she talked with her husband? A Yes. Q As she was about to leave, you also talked with her? A Yes. Q You asked her general questions? A I spoke to her for about—oh, maybe four or five minutes. Q And you spoke to her about what was the sub- stance of her conversation with her husband? A I don’t recall exactly, but we did talk in general about what she had told her husband and what he had told her. Q You also asked her about the family situation— whether she and her husband got along well, and things of that nature? A Yes. Q Did you also inform her that she should answer all of your questions? {fol.99] A I do not recall making that statement. Q You don’t recall it? A I don’t; but I imagine that was the purpose of talking with her. Q You told her that if she didn’t answer your ques- tions she could be held as an accessory? A I might have said if she was aware of any crime he had committed, and it turned out that she knew, it might be a little different. Q You told her that she might be charged with a crime if she didn’t co-operate with you? 71 A I don’t believe I threatened her that way. Q But you did threaten her? A No, I did not. Q But you did talk with Mrs. Coolidge about the pos- sibility of her getting into some trouble with the police if she didn’t answer questions? A I might have inferred it, but I do not recall the words. Q Moving on a little bit in time and focusing your attention on the events of February 19th—that was the date of the arrest? A Yes. Q Do you recall what day of the week that was? A No. Q Perhaps it was a Wednesday? [fol.100] A It is possible. Q But in any event, on that particular evening you and a number of other police officers arrived at the Cool- idge house with an arrest warrant? A Yes. Q The complaint on that arrest warrant was drafted by whom? A By the Attorney General’s office. Q That is, Mr. Maynard? Do you know whether or not he drafted it? A I don’t know. Q But in any event, you arrived at 312 Seames Drive on the night of February 19th? A Yes. Q At about seven-thirty? A Seven-thirty; maybe seven-forty. Q In that vicinity, give or take a few minutes? A Yes. Q As a matter of fact, Assistant Chief Leavitt was with you? A Yes. Q You ind Mr. Coolidge, Mr. Leavitt and other offi- cers, returned to the police station? A Yes. Q You got to the station at about eight o’clock that evening? Is that correct? ae 72 A Yes. {fol. 101] Q And it was the next day that Assistant Chief Leavitt returned to the Coolidge home with the search warrant? A Yes. Q And that would be on February 20th? Is that right? A Yes. Q Now, do you recall approximately what time on the 20th this search took place? A it might have been in the morning. Q Sometime after eight o’clock in the morning, per- haps? A Yes. Q Perhaps before noon? A Yes. Q And do you know whether or not prior to this time period, or February 20th, any search was conducted by any police officers at 312 Seames Drive? A There was none. Q So that this was the first search of the Coolidge premises, with warrants? A Yes. MR. GRAF: I have no further questions. Oh, just a minute please. Q Just one other thing. On the night of the 19th, the night of the arrest, you and other officers took Mr. Coolidge to the station? Is that correct? A Yes. [fol. 102] @Q What happened to Mrs. Coolidge during this time? A She was driven to her sister’s home in Windham. @ Asa matter of fact, as you were at the house Mrs. Coolidge was trying to pick up things for the baby, and other items of that nature? A No. Q She didn’t pack some clothes to take with her? A Not while I was there. Q But in any event, she was out of the house almost immediately as well? 73 A I wouldn’t say immediately, but some time later she went to Windham. Q Within half an hour after you left, isn’t it a fact that Mrs. Coolidge was out of the house also? A It is possible. Q It is also a fact that you left two officers there to guard the premises? A Yes. And also on this evening, you changed the locks on the Coolidge house? A That evening? Q Yes. A No. Q When were the locks changed? A A day or two later. (fol. 103] Q But within a day or so the police officers changed the locks at the Coolidge house? A Yes. Q There were two officers left at the house on the night of the 19th. Who were these officers? MR. BUSSIERE: Your Honor please, we object to this. THE COURT: What is the reason? MR. BUSSIERE: He is just fishing. This has noth- ing to do with the issue before the Court. THE COURT: Is this a serious objection? Do you really care? MR. BUSSIERE: Well,— THE COURT: I will rule whichever way you want me to, Brother Bussiere. MR. MAYNARD: Your Honor— THE COURT: Do you want to insist upon your ob- jection? MR. MAYNARD: I think it is a very good objection, Your Honor. THE COURT: All right. Objection sustained. MR. GRAF: My exception, Your Honor. Q How long were these two police officers at 312 Seames Drive? [fol.104] A Maybe an hour or two. 74 Q Weren’t the officers left at the house all the eve ning? Weren’t the officers there all evening? A They were ordered out of the house. Q Who ordered them out of the house? A Indirectly, yes. The attorney didn’t want them in there so we took them out. These officers were inside the house? Yes. Were there also officers outside the house? Yes. Did they remain there? Yes. If I understand you correctly, the officers inside house were, by you, ordered or asked to leave the ises? That is right. But two officers were left outside the house? That is right. And they were there all the evening? That is correct. Were they there all day on the 20th? I don’t believe so. But some time on the 19th— I think in the morning they were relieved of their °DPOPO Pro 3S POPororpopr™ duties. (fol. 105] Q Didn’t you in fact order Mrs. Coolidge to leave the house? A_ I did not. Q Did you suggest that she leave the house? A I did. Q You suggested that she leave the house on that night. Did you bring a list of the items taken from the Coolidge house and cars, and so forth, on February 20th with you today? A No. MR. GRAF: It was my understanding that the list of items taken on February 2nd was to be produced today. THE COURT: You didn’t mean the 20th? MR. GRAF: No. MR. BUSSIERE: Your Honor, the State has in- quired into the situation. I believe in the course of the hearing that will be cleared up. r li —_—oers = 75 MR. GRAF: We would still like an opportunity, and reserve our right, to look at the original lists. We would like to look at the original list. MR. BUSSIERE: I don’t believe that there is a list as such. There are reports of the various officers. One has not been referred to yet; but it will be cleared up in the course of the hearing. (fol. 106] THE COURT: All right. Q Captain, Inspector Glennon and Detective Sergeant McBain were at the Coolidge house on the evening of February 2nd? A Yes. Q There was police procedure at that time in regard to the Mason case to keep records of all activities which transpired, isn’t that correct? A Yes. Q One of the facts involved would be—in these re- ports or records—to itemize all property discovered, found, picked up, taken—whether found in the house, cars or along the roadside? Isn’t that a fact? A Yes. Q And these reports would indicate the items taken? A Yes. Q Do you know whether or not Detective Sergeant McBain’s report or Inspector Glennon’s report indicates the property taken from the Coolidge residence, the Cool- idge Pontiac ur the Coolidge Chevrolet on the evening of February 2nd? A Yes. Q Those reports do contain that information? A Yes. MR. GRAF: I would like to see the reports, Your Honor please, or the list in the reports. I am willing that (fol. 107] the Court look at it first. THE COURT: My understanding is that Brother Bussiere does not agree with the witness’ statement. He says that there is not a list of the items taken. MR. BUSSIERE: Not a list as such. There is a re- port which shows things. THE COURT: The report lists things taken? 46 MR. BUSSIERE: Yes, it does enumerate the items taken, Your Honor. THE COURT: What? MR. BUSSIERE: It does enumerate the items taken, MR. GRAF: To eliminate any confusion, I would like to see the reports. THE COURT: I don’t believe there has been any confusion. MR. BUSSIERE: I don’t believe there has been any confusion. The only thing not yet referred to is a wool hat of some sort. The State’s explanation will be that this was in the pocket of a coat which has been referred to. THE COURT: I will reserve ruling at the present time. I understand that the State will put in some evi- {fol. 108] dence on this, and we will go into it at that time. MR. DEVINE: I would like to press the position of the defense that Captain Stipps should be required to give the names of the officers stationed at the house, either inside or outside, on the evening of February 20th. These officers had an opportunity to take items and to search, and I think we should be able to inquire into it. THE COURT: I think you should be able to question whether or not they did take any items in the house after you know there is a list. MR. MAYNARD: I didn’t realize the relevancy be- fore. If they want names, I think the captain may an- swer. THE COURT: All right; the objection is withdrawn. Q Would you tell me the names of the two officers who were situated inside the Coolidge house on February 19th? A I assigned six officers to the detail. I would have to check the records to be sure. I think Inspector Jolin and Inspector Lord were assigned to the house inside, and they never did report that they had removed any- thing from the house. [fol. 109] Q As far as you know, at least, they didn’t 77 ¢ And the officers outside the house? A Yes. The outside officers | think were Sergeant King—now Lieutenant King—ahgq | don’t recall the other officer, but there is a repGrt to that effect—that they were stationed outside of the house. Q Captain, do you have your records here? Would they reveal who the officers were pytside the house? A Yes, I don’t have them here pyt I can get them. MR. BUSSIERE: —_ Hong) the State will fur- nish the names of the officers stat;, tside the house. Sia MR. GRAF: Fine! I would jike to have them at this time, if Your Honor please. THE COURT: What do you gay? MR. BUSSIERE: When conse] is through with Captain Stipps I will request Captain Stipps to imme- diately get that information for jpem. THE COURT: All right. Q Captain, one further thing a 1963 Chevrolet and eTaccees taken on SOme evening in February. [fol.110) A Yes. Q Or perhaps it was actually, : ruary 20th that these cars were tee parang f Pe A No. February 19th. i a were taken on the 19th the evening of the A Just after the arrest. Q Who took those vehicles? A They were towed to our Body, and each vehicle was fol oa ny al a Auto Q Who were the two office y ; A There again I would ha\ be sure. I know one was guardes “ a a =, ba of Exeter, Rockingham County: and “A Aon Luth mg now Lieutenant Luther—of our’ yoo tm a — Q They guarded one vehicle » P : A Yes. I think they gua , other I would have to check. ed the Pontiac. For the at a — King and Lieutenant Luther guard- A Yes. From the time it ve. wae" left the house until they got it in at the station it was +) their view at all times. 78 Q What time did they leave the house? A I wouldn’t recall the time. It would be in the wi- cinity of nine or nine-thirty, by the time the wrecker got in there to take them out, and they took them out one at a time, but they were in there some time before midnight. (fol. 111] Q Both vehicles were picked up and at the station some time before midnight? A That is correct. (9 Which vehicle was taken first? A I don’t recall. THE COURT: Are you looking for these? MR. GRAF: I would like to look at the warrant, Your Honor. Q Do you know whether or not there was a search warrant for these two vehicles? A I believe there was. Q Isn’t it a fact—and I call your attention to De fendant’s Exhibit C—it says, “Search, to wit, 1963 Chevrolet convertible”. That isn’t a search warrant for the Chevrolet— MR. BUSSIERE: Objection. That is a question of law. Warrants were issued on the 19th for two vehicles: I don’t believe that is a proper question in view of the facts which have been developed up to this point. MR. GRAF: I don’t believe the search warrants in- cluded the vehicles. MR. BUSSIERE: That is a question of law—whether or not the State has authority to take the vehicles which it has a warrant to search. {fol. 112] Q Captain, just talking generally about the search warrant, approximately fifteen items are enum- erated in each search warrant, isn’t that correct” A num- ber of items anyway? A Yes. Q And all of these items—you expected to find them in either car? It is possible. Q Or in the house? A It is possible. Q A > Or in the laundermat? It is possible. 79 Q So it is fair to say to say you didn’t really know where anything was; you were just looking around in the best place possible? A We were looking for certain items. Q And you were looking for certain items in all four laces? ‘ MR. MAYNARD. I don’t think it is material whether he expected to find them or didn’t expect to find them at any one place. THE COURT: I think that is a question which might more properly be directed to the person who applied for the search warrants. MR. BUSSIERE: It is my understanding that the Court had ruled or did rule in so far as the warrants were concerned that no further testimony would be taken [fol. 113] to go behind them at this time. THE COURT: I thought I had ruled in your favor. MR. DEVINE: May it please the Court, that ruling was not made on the record, and I would like to have my exception saved to such a ruling. THE COURT: I will rule at this time then that there will be no going behind the search warrants. This also refers to the State. The State is bound by the search warrants on their face, and in the event of any admis- sion or execution or evidence, the State may not rely on anything not in the search warrants on their face. MR. BUSSIERE: As I explained in Chambers, the question was whether or not the ruling— THE COURT: The ruling was made at the request of the State, and it is my understanding that the State wishes to rely firmly on the faces of the search warrants at the present time. MR. MAYNARD: I am not sure just exactly what the ruling comprehends. THE COURT: My understanding is that at the re- (fol. 114] quest of the State—and if I am wrong, you may so inform me—the State has requested that this hearing be limited to the search warrants on their face, and that no evidence beyond them should be admitted as to how they were obtained, other than what appears on the search warrant itself. 80 MR. MAYNARD: Testimony would be as to what appears on the search warrant itself or its face, and re fers to evidence offered to the magistrate who issued the search warrant, and I would assume when you say they are limited to the face, you are including the language of the warrant which says, “and evidence offered in sup- port thereof”. THE COURT: Is it your assertion that evidence will be introduced that there was a record made and actual — taken prior to the issuance of the search war- rant MR. MAYNARD: I can’t say a record was made, but there was evidence offered. THE COURT: In the form of an affidavit? MR. MAYNARD: No; not in the form of an af.- fidavit. [fol. 115] THE COURT: Was it sworn testimony? MR. MAYNARD: No, it was not. The Chief swore, in making this application, that there was evidence thereof. I think Your Honor’s ruling is right; it goes to the face of the warrant just the same, but there was other evidence. THE COURT: My only point is, if my understand- ing of the ruling is correct you stand or fall at the pres- ent time upon the warrants on their face, and you might not urge on an appeal that there was evidence beyond what would appear on the face of your warrant, other than you might, of course, assert that evidence was indi- cated to you orally when issuing the warrants. MR. MAYNARD: I think with that statement we are correct. MR. DEVINE: I am not sure that I understand the State’s position. Do they take the position that they can go beyond what appears on the warrant in this court but we are not allowed to go beyond what appears on the warrant in this court? [fol. 116] THE COURT: That is not my understand- ing at this time. These warrants are unusual. At least, they are not similar to the one in this opinion, which is giving some trouble, in that they contain no affidavit. Am I correct on that? 81 MR. MAYNARD: That is correct; that is not to the effect an affidavit is given in the federal service. THE COURT: And in most states—apparently even in Texas. MR. MAYNARD: I am not so familiar with the rul- ings in other states. THE COURT: All right. Q Captain, I think you said that searches were con- ducted pursuant to these warrants on February 20th? Is that correct? A The warrants were issued February 20th, or the search was conducted February 20th? Is that the ques- tion? Q Yes. A Yes. Q Does that mean the search of the vehicles was con- ducted on the 20th? A That I can’t say. The return would tell you what date. Q Referring to Defendant’s Exhibit B, which is search {fol. 117] warrant 7298-C, directed to a 1951 Pontiac, what is the date on the return on that? A February 21, 1964. Q Would it be your opinion that perhaps this search was conducted on the 21st? A Yes. Q Calling your attention to Defendant’s Exhibit C, which is warrant 7298-D, and is directed to a 1963 Chevrolet convertible, what is the date of the return on that? A February 21, 1964. Q Atain it is your best recollection that this search would have been conducted on February 21st, 1964? A Yes. Q While we are at it, why don’t we go to the other two warrants again. Defendant’s Exhibit A is a war- rant— MR. BUSSIERE: I object, if he is going to go through every warrant at this time. It seems to me that they speak for themselves. 82 MR. GRAF: I was under some miscomprehension with the subject. The vehicles were picked up on the 19th and I was inquiring as to the time the search was con- ducted. If you represent that the search was conducted on the date of the return, I would be satisfied. {fol. 118] MR. MAYNARD: I am not sure. The wit- ness says he doesn’t know, and I don’t know either. THE COURT: Gentlemen, it would be very helpful to the stenographer—from both sides—if one person would speak for the prosecution and one for the defense, if pos- sible, because as you know, the stenographer has to write each name down when you speak and she isn’t always looking at you. Q As far as the house and the laundermat are con- cerned, is it your best recollection that they were search on the 20th? A Yes. MR. GRAF: No further questions. MR. MAYNARD: We have no questions, but we may, Your Honor, wish to call him back. We haven’t deter- mined at this point of the evidence. THE COURT: All right. MR. GRAF: Thank you, Captain. That is all I have. MR. REYNOLDS: I would like to call Mr. Leavitt. ee a EP (fol. 119] TESTIMONY OF NORMAN W. LEAVITT ! Sworn by Mr. Reynolds; direct examination by Mr. Reyn- olds: Q May I have your name, please? A Norman W. Leavitt. Q Your position with the Manchester Police Depart- ment? A Assistant Chief. Q You have been in that capacity since January? A Of this year, yes. Q In regard to the investigation of the Mason case, you were assigned—you were working on that case? A Yes, sir. , er 83 Q In the course of it you received certain search war- rants? A Yes, sir. From whom? A The Attorney General’s office. Q Well, that is the Attorney General directed you to go to various locales and try to find certain items enumerated? Isn’t that right? A Yes, sir. Q Now, all of the items that you were looking for are identically listed in all of the warrants? Isn’t that right? A These are the returns here. Q Let me put it this way. In Exhibit A, this is a search warrant seeking certain items where? [fol. 120] THE COURT: I think it states, to the left. A The Laundermat, at 712 Valley Street in Man- chester. Q Now, you were in charge of this search, looking for these items at the Laundermat? A Yes, sir. Q You made that search when? A The forenoon of Thursday, February 20th. And as required, you filed an inventory as to what you did obtain? Yes. This is your signature—-Norman W. Leavitt? Yes. In this inventory you list three items? Yes, sir. None of these items are enumerated on the list of items to be obtained through the search warrant? A Not as such. Q All right. Now, the next search warrant inventory is also signed by you. This is for a search of what prem- ises? A The Coolidge house at 312 Seames Drive in Man- chester. Q Referring to Defendant’s Exhibit D, you conducted that search? A With others; yes, sir. Q You signed the officer’s return and inventory? OPOropYS 84 A Yes. The search was made when? {fol.121] A After noontime. I believe it was in the vicinity of two p.m., on Thursday, February 20th. Q How long did that search take place? A Approximately two hours, I would say. Q Was there at any time a subsequent search con- ducted of these premises? A I did not conduct a subsequent search, but I know there was one made. Q Now, on your search of the house you inventoried four items, is that right? A Yes, sir. Q Now, are any of the four items itemized in the search warrant as items that you were looking for? A Specifically as such, no. Q Now showing you Defendant’s Exhibit B—that is a search warrant to search a 1951 Pontiac? Is that correct? A Yes, sir. Q A search was made for the same items as in the other search warrants, under your direction? A Let me read it, please. Q Iam sorry. You can compare them. A My last statement with reference to the search of the house at 312 Seames Drive—I would like to correct my answer. One item is listed, which includes debris which we did take, and which we listed in the inventory. {fol. 122] THE COURT: Do you want to answer the last question now? He asked you if the list was the same as you were looking for in the other two search warrants. WITNESS: Yes, sir. Q And this was the search warrant, Defendant’s Ex- hibit B, of the 1951 Pontiac? A Yes. Q And the search was made for these same items, under your charge? A Yes. Q And that search was conducted when? A Friday, February 21st, in the afternoon. Q Where was the search made? A _ At the police garage in Manchester. Q That search took how long? A Approximately four hours. Q That also was conducted by yourself? A Yes; myself and Inspector Roger Beaudvin of the Manchester Police Laboratory. Q To your knowledge was a subsequent search made, other than on that day or on that afternoon, of that ve- hicle? A I did not make one subsequent to that search. No, sir. Q Do you know if the examination of this car con- tinued? A I understand that there was another examination made subsequent to this one. (fol. 123] @Q Again, when you examined this 1951 Pon- tiac, you filed an inventory of what items you took? A Yes. Q Two items, so to speak? A Yes, in general. Q Vacuum sweepings, and a piece of fibre? A Yes. Q Were any of these items listed in your search war- rant? A Yes. Yes, under the next to the last item, under “debris”. Q This item is “work shop debris”. Do you mean to say your inventory of vacuum cleaner sweepings from the floor mat and trunk may be considered as— A In the sense that work shop debris could be tracked from the shop into the car with other debris. Q If it had actually been work shop debris, you would have said “work shop debris”, wouldn’t you? A In examining vacuum sweepings, it is impossible to say what is work shop debris, road debris, or house debris. Q It says on the search warrant, “Work shop debris, including but not limited to wood shavings, metal shav- ings and brass filings”. Did you in your inventory make rd reference to wood shavings, metal shavings or brass lings? ne ae Cre a cae eR we ee 86 A No, but it is impossible to determine with the naked eye what the vacuum cleaner contained, individ- ually. Q Do you know whether or not the vacuum sweepings [fol. 124] contained metal shavings? Or do you have no idea? MR. MAYNARD: I object, unless he is asking at the time he made the search. A At the time we made the search the vacuum sweep- ings were an accumulation of debris. The only specific item noted in the vacuum debris in this car was a single live round of twenty-two calibre ammunition. Because of its weight and condition, it wouldn’t stay in the vacuum trap. Q@ You didn’t indicate any shell or bullet here? A That is included in the vacuum sweepings. Q So in this inventory of vacuum sweepings, you in- clude a bullet or shell? A It came up with the vacuum sweepings, and I know of my own knowledge that it came up with the vacuum sweepings. Q Why didn’t you inventory the bullet as such? A Only because it was part of the vacuum sweepings, and I inventoried it as such. Q And you felt that vacuum sweepings were in gen- eral workshop debris—under that general category? MR. MAYNARD: I object, unless he is referring to the time of the making of the inventory. MR. REYNOLDS: I never said at any other time. A In my opinion, these vacuum sweepings which {fol. 125] came up could contain workshop debris, house debris, or any number of different kinds of debris, all de- posited on the floor mats of this particular car. Q Well, you understand what we are doing here is getting a list of the items taken under a search warrant, and items not taken under a search warrant. The State has furnished us with a list of the items taken without a search warrant, so it is fair to add to that list a shell from the back seat of the vehicle? MR. MAYNARD: Just a minute. We added that yes- terday, I believe. 87 THE COURT: I don’t believe these are quite the same shells. MR. REYNOLDS: No; yesterday it was shells from the glove compartment, which were in a box. THE COURT: I may be confused, but I think this is not the same shell which was listed in your list yester- day. MR. KALINSKI: I don’t believe there is any confu- sion. We stated in open court yesterday that we had this shell included in the vacuum sweepings. THE COURT: Let me see the letter which was marked as an exhibit. MR. KALINSKI: It is not in the letter; it is part of the return on the search warrant. (fol. 126] THE COURT: I think that is correct; I think he said there was a live shell. MR. REYNOLDS: Now he says there was three. MR. KALINSKI: I don’t know whether it is two or three, but whatever it was it was included in the return of the search warrant. MR. BUSSIERE: I think I said in the vacuum sweep- ings there were other things, including live rounds of ammunition. THE COURT: I think at some yesterday somebody did refer to live rounds of ammunition picked up with vacuum sweepings. Q We are still talking now of the search of the 1951 Pontiac. The vacuum sweepings included—was it a live round or spent round? THE COURT: He said live round. A Yes, Live round. Q Was there more than one live round? A Not that I saw at the time, no. Q Was there anything else other than ammunition picked up with the vacuum sweepings? A Yes. There were pieces of rubber matting—where the mat was old and deteriorated. I could see that go into the trap. I could see flakes of rusted metal going into the trap, but I didn’t itemize them and differentiate (fol. 127] on the return of the warrant to set out differ- ent things included in the vacuum sweepings, any more 88 than I did with the live rounds of ammunition. I could see things go into the trap, but I didn’t itemize them as such. Q At some time the vacuum sweepings were broken down to analyze what was what? In other words, one was a bullet, this was this and that was that? MR. MAYNARD: I object. THE COURT: I think as a general question it may stand; beyond that, that would be as far as I would allow you to go. I assume the answer would be “Yes”? A Yes. That was the purpose of taking the vacuum sweepings MR. REYNOLDS: My rvason was, I don’t believe that the inventory particularized very much. THE COURT: I understand. Q On this inventory then of the Pontiac, you say the vacuum sweepings covered workshop debris, but these other items are not listed in the items to be obtained? Isn’t that right? A Not as such, but I think therei s a reference to it somewhere here—under this term, the word “Blood’— items which appeared with stains on them, which in my opinion could possibly have been blood, were retained for examination. Q Pieces of fibre insulation from left front floor mat (fol. 128] with reddish stain you felt was covered then by the word “blood’’? A Yes, I think so. Q Now Defendant’s Exhibit C was a search warrant of the 1963 Chevrolet convertible? A Yes. Q And the items to be searched for are the same as the items sought for in the Pontiac, the house and the laundermat? A Yes. The list is identical. Q And in the search warrant of the 1963 convertible —does your inventory of these three items list anything which you asked for in the search warrant? A Yes, sir; under the same statement I made relative to the vacuum sweepings. _— Q Being the same idea—vacuum sweepings being the same idea as workshop debris? A Yes. “Carborundum honing stone with reddish stains, boxed”. Is that related to any of the items you were look- ing for? A Yes; under this item, “blood”’. Q Isee. Because of the reddish stain? A Yes. Q “Yellow towel, stained”? A By the same token, under the single word, “blood”. Q Do you mean this was stained with a reddish color which you thought might be blood? [fol. 129] A Yes. Q When was the search made of the 1963 Chevrolet, and where? A In the Manchester Police Station garage, in the forenoon of Friday, February 21st, in the presence of William Craig, Jr., Attorney. Q That vehicle was later returned to Mrs. Coolidge? A No. Prior to the noon hour we turned the vehicle over to William Craig, Jr., who drove it off. Q By the way, were you in charge of the search on the search warrants in regard to the Pamela Mason case? A Yes, I was in charge of all the warrants on which my name appears. Q And at no time did you ever have a warrant to take any motor vehicle, did you? MR. MAYNARD: I think that is a question of law. Those are the warrants which he had. THE COURT: These are all the warrants which the State— MR. MAYNARD: Those are all the warrants, plus a warrant for magazines, books and so forth. MR. REYNOLDS: There was no specific warrant to take the two cars—the Chevrolet and the Pontiac. THE COURT: I believe your statement is there were [fol. 130] no search warrants other than those which are before the Court? MR. MAYNARD: That is correct. 90 MR. REYNOLDS: No more questions, thank you. MR. MAYNARD: ¥%. have no questions at this time, MR. DEVINE: Mrs. Joanne Coolidge. TESTIMONY OF MRS. JOANNE COOLIDGE Sworn to Mr. Devine; direct examination by Mr. Devine. Q Please keep your voice up, so that we all can hear you, Joanne. What is your name? Joanne Coolidge. How old are you, Joanne? Twenty-seven. You are Ed Coolidge’s wife? That is right. When were you and Ed married? January 15th, 1961. Do you have any children? Yes, we have one daughter. How old is she? She is two. (fol. 131] Q Referring, Joanne, back to the events of February 2nd, 1964, which was a Sunday—the day Ed went to the station. Do you recall that day? A Yes. Q What was the first indication you had that day that Ed was going to the station for questioning? A ’phone call early in the morning. About what time did they call? About eight. Who was the call for? For Edward. Was it from the police station? I believe so. Did he tell you that they had asked him to come up for questioning? Yes. What time did they ask him to come? About one. Did he to to the station about one? Yes, he did. > POPO PO PO Po Oro PO POP POPO YS 91 Q Where did you go while he went to the station? A I stayed at my mother’s and had dinner. Then I was going home, to my home at 312 Seames Drive. Q Did you stop at the station to pick up the keys to the house? A Yes, I did. (fol. 182] Q Did somebody go below and get the keys to your house? Yes. Did you see Ed at that time? No, I didn’t. Some time later did you see Ed at the station? Yes. What were the circumstances? After the baby was asleep, I was doing the dishes. Two officers came to the house and told me that Edward wanted to see me at the station. Q What time was that? A Between three and three-thirty. THE COURT: We will take a five minute recess while the bells are ringing. (Recess 12:00 to 12:05 noon) Q Please keep your voice up. I am standing back so if I can hear you everybody can. About three to three- thirty, as I understand, two police officers came to your home, on Sunday, February 2nd, and said that Ed would like to see you at the station? A Yes. Q Did you recognize the officers? A No. Q Were they in uniform or plain clothes? (fol. 133] A _ In plain clothes. Q Did you accompany them to the station? A Yes. Q Tell us what happened then. A I was lead upstairs, I believe to the third floor, and I was allowed to see Edward. Q How long did you see him? A About five minutes. Q Then what happened? POPS Prop 92 A I was asked if I knew my way out. I said, “Yes”. One officer said he would take me downstairs. When | got downstairs, he asked me to wait in a room because Captain Stipps wanted to speak with me. Q That was on the second floor? A Yes. Q Did Captain Stipps speak with you? A Yes, he did. Q Tell us about your conversation with Captain Stipps? A Captain Stipps asked me my name, and my maiden name. Then he wanted to know what Edward had told me upstairs. I told him it was just plain conversation; it was nothing concerning any case or anything—just concern over me and the baby. Q What did he say then? A Then he asked—oh, something about if Edward and I were compatible. I said, “Yes”. He said, “Why, if [fol. 184] you have been married three years do you have only one child?” (Witness weeps ) THE COURT: Why don’t you sit down? You had better bring her a glass of water. MR. DEVINE: Do you think you can go on now? WITNESS: I think so. I am sorry. MR. DEVINE: All right. A (Continuing) Then he asked me if Edward had any other girl friends. I said, “No”. He said he knew for certain that he did. I said I didn’t believe that, be cause I knew my husband. Then he went back to what Edward had talked to me about upstairs, and if I with- held any information he could give me a prison sentence, and things like that; and after he let me go. Q What effect did this questioning and threatening have on you? I was very nervous. I could just barely drive home. Q When you got to your home, who was there? A My mother-in-law. Q That is Edward’s mother—Mrs. Coolidge, Sr.? A Yes. > 93 Q I understand that sometime later that night—I be- lieve Sergeant McBain and Inspector Glennon, who you heard yesterday, said at about ten-thirty they went to your house? A Yes. {fol. 185] Q Do you recall that? A Yes. Q Were they in uniform or in plain clothes? A Plain clothes. Q Was your mother-in-law there at that time? A Yes. Q Did they identify themselves as police officers? A Yes. Q You let them into the house? A Yes, I did. Q Tell us what they talked about at the beginning. Did you ask about your husband and where he was? A Yes, I did. When they came in and were seated in the living room, they just asked my name and where I went to school, and things like that. Then they had asked my mother-in-law to leave. I asked them if Edward was coming home. They said, “No, he was in serious trouble.” He didn’t state what it was. They told me grand larceny. That is the first I knew about that. Q They told you that he was charged with taking money from Cote Brothers? A Yes. Q Did they ask to see a washing machine, or anything like that, in your house? A No, they didn’t. (fol. 186] Q What else did they ask you about? A They asked if Ed had any rifles, and I said, “Yes, he does.” Then I asked if they would like to see them, and they said, “Yes”. I said, “I will get them”, and they said, “We will come with you. Q Where was this conversation? A In the living room. Q It was Inspector Glennon, Detective Sergeant Mc- Bain and yourself? A Yes. 94 Q Your mother-in-law had left? A Yes. Q When they said they would go with you, where were you going to get the weapons? To my bedroom. Did you get them? Yes. Did you go to your room? Yes. Did they follow you to your room? Yes. Did you invite them to follow you to your room? No. I intended to bring them to the living room. Tell us what happened in the bedroom. I got the guns out for them. 1.137] Q Where were they kept? A In the closet. Q In the bedroom? A Yes. I got the guns out and they checked them. Then they asked what Edward was wearing that night. Q Did they tell you that they were going around and checking out firearms and any suspects that they had in the Mason case? A No. Q And did they tell you that you didn’t have to give them these weapons unless you wanted to? A No;I felt that I had to. Q Did they tell you that your husband had given them permission to come over there? A No; they never said anything. Q Or to take the weapons? Is that right? A Yes. Q You say they asked you what he was wearing that night? A Yes. THE COURT: What night is being referred to now? MR. DEVINE: Yes, Your Honor. Q What night were they referring to? A January 13th. Q That is the night the Mason girl disappeared? POPrO PO pO pop (f ° 95 (fol. 188] A Yes. I had the four pair of trousers folded. They were on—I forget what you call it—the hamper. They were on top of the hamper. I put them on the bed, and they opened the four pair of trousers— Q Were these work trousers? A Yes. Trousers which Ed wore when he worked at the Cote Baker? A Yes, they were issued from Cote Brothers. I sug- gested it might have been one or two pair—according to how they were in the pile. They checked these two more closely and they decided to take one. Q Did they ask if these garments had been cleaned since January 13th? A Yes, they did. Q What did you say? A I said I waited until I accumulated five or six pair and then would take them to the cleaners, and it was one-day service. Did they take any of the trousers? Yes, they took one. Did they say anything when they took them? They said, “We will take this pair.” Did they ask anything about the cars? Yes, they asked if they could check the vehicles, and I said, “Where?” One was a Chevrolet and one was a Pontiac? fol. 189] A Yes. Q Where were they at that time? A They were in the driveway. Q Tell us what happened. A I went to the kitchen and got the keys to the cars and gave them the keys, and they went out. Q Did you go out with them? A No, I didn’t. Q Did you watch what they were doing? A No. I went back to the living room and tried to clean up a little bit. I did glance out the kitchen window at one time to see if they had left. Q How long were they there? A I would say fifteen minutes or so. PO PO ro 96 Q Then what happened? A One came back with the keys, and then they left. Q Do you recognize which one of them came back with the keys? A I believe it was Officer McBain. Q Did they say anything about taking anything from the vehicles? A No. He said nothing about removing anything from the vehicles. Q Did you know whether or not they had taken any- thing from the vehicles? A No,—only what they said here. That is the first I knew about it. [fol. 140] @Q Do you mean that yesterday is the first time you knew that anything was taken from the cars? A Yes. Q They didn’t ask your permission to take anything? A No. Q Now, one of the officers—and I believe it was In- spector Glennon—gave you a receipt for the four guns, one red jacket and a pair of uniform trousers, which has been marked as Defendant’s Exhibit H. Is that correct? A That is right. Q This receipt doesn’t list anything as having been taken from those vehicies? Is that correct? A That is correct. Q And you say that they didn’t inform you or ask your permission to take those things? A No. Q On the night of February 19th were you at home when the police arrived? A Yes. Q With the arrest warrant for your husband? A Yes. Q About what time of the night was that? A Between seven-thirty and eight. Q What did the police tell you at that time? A I believe Captain Stipps was talking mainly with [fol. 141] Edward. He told me to go in the living room and get out of their way. I tried to go out :n the kitchen, 97 and he told me to go back in the living room. Then he came in and told me that they were arresting Edward. Q Did he tell you to get out of the house? A No, he didn’t. He left with Edward, and there was about four or five left in the house with me. Captain Stipps did mention that it would be best if I left the house, and I didn’t want to. Then the other—-I don’t know who it was—said, “We have made reservations at a motel for you.” I says, “Well, if I have to leave I won’t go to a motel.” Then I tried to get my sister. That is when I went down to Windham. Q You went down to Windham with your baby? A Yes. Q After packing a few clothes? A Yes. I was going to take my own car. Someone said that I couldn’t take my own car, that they were both empounded. Q Who took you to Windham? A Two policemen. They were plain clothes men. Q When did you go back to the house? A I believe two days later, or a day and a half later. I needed clothes. I hadn’t taken anything for myself— just a few things for the baby. Q When you went back were you able to get into the house? (fol. 142] A No. The locks were changed. Q Were there officers there? A No. Q How did you get in the house? A I called up Bill Craig. He went to the station and got me a key, and I was allowed to go into the house and get a few more clothes. Q When you went into the house after you got the key to the new lock, what was the condition of the house inside? A Everything was left in a jumbie, like when I left the house; but when I went into my drawers, it was a mess. Q It was obvious that the house had been searched, was it? 98 A Yes. My dresser—I didn’t go into Eddie’s—I was just concerned with getting my own clothes, and—My God! MR. DEVINE: Thank you, Joanne. I have no fur- ther questions. These gentlemen may want to ask you some questions. MR. MAYNARD: We would like just a moment, Your Honor. THE COURT: You may be seated. WITNESS: Thank you. CROSS EXAMINATION BY MR. MAYNARD: Q Mrs. Coolidge, do you remember the evening of January 13th? A Yes. You recall the night of the storm—the night the [fol. 143] Mason girl disappeared? A Yes. Q Were you at home that evening? A Yes. Q Had you been at home all afternoon? A Yes. MR. DEVINE: May it please the Court, I don’t see the relevancy of this testimony on this particular issue. It is not within the scope of my direct examination. THE COURT: I have a little question about it. MR. MAYNARD: I think the relevancy may appear if I am allowed to continue. MR. DEVINE: May I request that my brother make an offer of proof at the bench before proceeding with this line of questions, Your Honor please? THE COURT: Yes; I think that might be well. AT THE BENCH: MR. MAYNARD: I am going to offer some evidence on the credibility of the witness here. To do that I am going to show what she knew of the case and what she [fol. 144] knew of an alibi or alibis which were attempted to be established by herself as well as by Mr. Coolidge. THE COURT: I don’t follow you. MR. MAYNARD: I am going to show by this wit- ness that she was home on the evening of the 13th of 99 January, the night this girl disappeared, and that Mr. Coolidge, through her, attempted to establish an alibi to the effect the he also was home that evening during the time the girl disappeared from home, when in fact I think she testified he wasn’t home; also she went to a neighbor to get her to testify that he was home, to confirm her alibi, and later decided she wouldn’t press it as an alibi. This refers to Captain Stipps’ testimony that he told her if she had evidence she shouldn’t withhold it. MR. DEVINE: If it is offered on credibility, you have to lay a foundation first. I ask Brother Maynard if he contends anything which she said on direct exami- nation is not true. I say it corroborates what all the wit- nesses have said. MR. MAYNARD: I think most of the things she says are in line with what the State’s witnesses have said, [fol. 145] but some things she disagrees on—namely that they took a set of cartridges aid the fact she didn’t say they looked at and checked the guns. She says she didn’t do it. They say she did. And she is the wife of the respondent. THE COURT: I guess we will adjourn at this point until two o’clock. (Recess 12:30 to 2:00 p.m.) MR. DEVINE: Your Honor please, when we re- cessed for lunch I think there was a question pending, and an objection. THE COURT: I will exclude it. MR. MAYNARD: May the record, Your Honor please, show my exception, if it avails me? THE COURT: All right. Q Mrs. Coolidge, on January 28th some officers came to the house when your husband was there, did they not? A Yes. Q Do you know who the officers were who came to the house that day? A I don’t recall. Q When they came to the house did they talk with you, at that time? A No. 100 {fol. 146] Q You had no conversation with them? A No. Q They talked, however, with your husband, Edward Coolidge? A Yes. Q Were you present during the conversation with Ed- ward Coolidge? A Off and on. The baby was sick. I was trying to keep her quiet, and she was in and out between the kitchen and the living room. Q At any time on this January 28th do you recall whether or not your husband brought out some guns for the police to see? A Yes. Q Do you know how he happened to bring them out? A No, I don’t. Q Do you remember any conversation at all about the guns? A No. Do you remember how many guns your husband brought out for the policemen to see? A I believe he brought them all out before. Q Are you interested in firearms yourself? No. Q Do you know enough about firearms so that you can distinguish between shotguns and rifles? A No; only if I see a bullet, I guess. I know one has a larger bullet, but I couldn’t tell you which one goes to which gun. {fol. 147] Q You don’t recall any conversation between your husband and the officers about these guns? A No, sir; not that I can recali. Q Will you tell us what conversation there was on February 2nd about the guns? A Well,— MR. MAYNARD: Strike the question. Q On February 2nd the guns were again displayed to the police officers? A Yes, that evening—late that evening. Q Yes, late that evening when you were at home with your mother-in-law and the policemen came? 101 A My mother-in-law was gone at that time. Q Yes, but that same evening, after your mother-in- law was gone, the guns were again produced? A That is right. Q And I suppose you know they were the same guns? A They asked if we had any firearms in the house. I guess they called them guns or rifles. I said, “Yes”. I said, “I will get them in the bedroom”, and they said, “We will come with you.” Q Do you recall if both police officers went in with you? A Yes. Q Where were they? A In the closet. [fol. 148] Q _ In the closet in the bedroom? A Yes. Q Is this the same closet where the hunting jacket was hanging? A No. The hunting jacket was hanging in the hall closet. Q Did you go with them to get the hunting jacket? A The way they were standing, the door to the closet in the hallway was opposite the bedroom. I think they stood in the bedroom and I reached to the hall closet and got the jacket. Q Do you recall if there was a toque or cap in the pocket of the jacket? A I don’t know. Q There was a group of trousers, and of the bunch of trousers they took one pair? A Yes. Q Where were the trousers? A Right beside the door there is a small space and I have a hamper there, and on the hamper I kept the clothes that are going to the cleaners. Q Is that the door in the hall? A No; it is the door going out into the hall from the bedroom. Q Is that about where they were standing? A In fact, I think that I had to ask one of them to move, or they moved, because it was right there. a Q You say there were four pair of trousers? {fol. 149] A_ I believe there weve four. Q And they selected one pair of the four? A Yes. Q What actually did they say about taking them? A Well, they checked them over and they said, “We will take this pair.” Q What did they actually say about taking the guns? A I believe I asked if they wanted the guns. One gentleman said, “No”; then the other gentleman turned around and said, “We might as well take them.” I said, “If you would like them, you may take them.” Q Did you go further and say, “We have nothing to hide.”? A I can’t recall if I said that then or before. I don’t recall. Q But at some time you indicated to them that as far as you were concerned you had nothing to hide, and they might take what they wanted? A That was it. Q Would you say that is so? A I believe so. Q There was some talk about your being in a highly nervous state that evening. You made coffee for the of- ficers, didn’t you? A Mainly for myself. Q Did you feel at that time that you had something to hide? A No. {fol. 150] THE COURT: Brother Maynard, why don’t you stop for just a minute—yYou may sit down, Ma’am. WITNESS: I am sorry. THE COURT: Would you like to have the last ques- tion read? MR. MAYNARD: I don’t believe I care to have it read, Your Honor. THE COURT: Was it answered? STENOGRAPHER: Yes, it was. THE COURT: All right. Q At that time you felt you had nothing to hide from the police officers? 102 — 103 A That is right. MR. DEVINE: May I ask what time he refers to, Your Honor. THE COURT: I understand it was February 2nd, in the evening when the two police officers were there. WITNESS: That is right. THE COURT: Your answer was, “Yes”? WITNESS: Yes. In fact, at that time if you could clear your hus- band of any charge your were anxious to do it, weren’t you? A Yes. (fol. 151] Q Captain Stipps, that afternoon, I believe you implied, suggested to you in one manner or another that you should co-operate with the police, didn’t he? A He told me I should co-operate with the police, and if I didn’t I could be sent to prison. Q And at some time prior to that night you had thought in your own mind about furnishing an alibi for your husband, hadn’t you? A No. MR. DEVINE: If the Court please, I object to that question. It is a collateral issue, for one thing. MR. MAYNARD: It is offered on her state of mind. MR. DEVINE: I don’t believe it has any bearing on her state of mind some time later, Your Honor. THE COURT: I will sustain the objection to the question in its present form. Q On the night of February 2nd when the two police officers were there, had you decided in your own mind that you should tell the police officers the truth? A I told them the truth to every quuestion that they asked. Q You did that truthfully, didn’t you? You intended [fol. 152] to tell them the truth that night? A Yes. I was brought up to tell the truth. Q But several days earlier than that you had dif- ferent thoughts in your mind, didn’t you? MR. DEVINE: Same objection, Your Honor please. THE COURT: She may answer. 104 MR. DEVINE: May I have an exception, please? THE COURT: Yes. A_ I was not asked that question directly. I am not suggesting that you didn’t tell the truth, but didn’t you have in your mind that you were going to tell a falsehood a few days earlier? A Yes, I did. Q But by February 2nd you had formed the inten- tion in your mind to tell the truth, and you were pre pared to and you did tell the truth? A Yes Q But sometime before February 2nd you had given consideration to lying or giving a false statement to help your husband? You had given some thought to that be fore, hadn’t you? A About telling the truth? I don’t—. Q About telling the truth. MR. DEVINE: If the Court please, I don’t think that {fol. 153] question is intelligible. I think my brother should rephrase it. MR. MAYNARD: I will be glad to. Q Sometime before February 2nd—before the night you told the policement the truth, you had given consid- eration to telling a lie about your husband, hadn’t you? A _ I don’t quiute understand the question. Q Would you tell us what conversation you had with Mrs. Mayhew about what you would like to have her say? MR. DEVINE: This is a completely collateral issue, and I object to it, Your Honor please. THE COURT: I thought she had already answered the question some time ago—not quite the way she ap- pears to be answering it now. I am inclined to think in part now that it was beca’.> she didn’t understand it. Previously, when you askec «. question, she agreed that you were correct, if I underst..d her correctly. MR. MAYNARD: That may be so. Perhaps I have gone into it too far, and I would like to clarify it. MR. DEVINE: I don’t believe there is any testimony relative to Mrs. Mayhew. [fol. 154] THE COURT: No, but I do think she did testify that some time prior she had considered telling a 105 lie to protect her husband. There is nothing you are go- ing to put in now that would contradict what she has said? MR. MAYNARD: Very well, Your Honor. Let me ask this question,—and if you will, pause before you an- swer. Q What caused you to change your mind about the thought of lying? A Nothing changed my mind. I knew my husband was innocent and he can be proved innocent with the truth; that is why I told the truth. Q What Captain Stipps said to you about telling the truth didn’t influence you in any way? A Pardon? Q What Captain Stipps said to you about telling the truth—that didn’t influence you in any way? A I don’t know if I had—lI don’t know if I could think that far back. I was so nervous and upset then. I don’t know if it was on my mind or not. Q Well, you were not nervous and upset because you were going to tell the truth, were you? A I am just nervous if any police officer walked up to me. Q Were you nervous when your husband was home, too, and the police officers were there? (fol. 155] A Yes, I was. Q Now, are there any articles which belong to you or to your husband that are missing that you think have been taken, other than what have been read here on the search warrants and talked over here? Are you aware of some other items which are missing? A No, I can’t tell, because when I moved out of the house I didn’t pack the things. That is why I can’t tell, unless I go through all my articles, and they are still packed in boxes. Q Do you have some reason to suspect that some items are missing? A I don’t know. MR. DEVINE: If she knows. WITNESS: I don’t know. 106 Q You don’t know of anything that is missing? A No, I don't. Q When you left the house on February 19th, you went down to your sister’s? A That is right. Q And you went down in the company of two police officers? A Yes. Q Do you know their names? A Iam sorry. I don’t. Q You were, of course, nervous that evening? A Yes, I was. {fol. 156] Q When you got down to your sister’s, did the police officers stay there? A Yes, they did. Q How long did they stay? A They left shortly after midnight, I believe, because Attorney Craig called me and I told him that they were there. They were planning to stay there the evening. He spoke with one of them on the ’phone, and when he got off he said they had to leave. Q Had you asked them to leave before? A No. Q They were not foistering themselves on you? A I was told that they were going to stay with me all during the night so that reporters would not bother me. Q Were you told something similar to that about the two men who were left at the house—that they were there to protect things? A They didn’t mention that. After they took Edward out, I had only ten minutes—they told me to pack, be cause they told me at eight o’clock it would be on the news and they wanted the baby and I out of the house. Q And you obliged them? A Yes. I didn’t know I had the right to stay. Q Had you talked with Mr. Craig at any time before you got down to your sister’s? (fol. 157] A No, I didn’t. Do I understand you didn’t go back to the house before the lock was changed? 107 A No, I didn’t. Q You didn’t go back there with Mr. Craig at all? A No. I went with Mr. Craig after the lock was changed. Q Before you went back with Mr. Craig, you didn’t go to the home at all? A No. I had no transportation to Manchester. Q Do you know whether or not Mr. Craig went to the house? A He brought the key down to me. Q Mr. Craig? A Yes; he came back with the key. Q Was that after the lock was changed? A Yes. Q Didn’t he have the keys before the lock was changed? A The old lock? Q Do you know whether he did or not? A I don’t know at all—no. MR. MAYNARD: I have no further questions. MR. DEVINE: Thank you, Mrs. Coolidge. I have no further questions. You may step down. Mrs. Coolidge, Sr. please. (fol. 158] TESTIMONY OF MRS. DOROTHY COOLIDGE Sworn by Mr. Devine; direct examination by Mr. Devine: Please keep your voice up, Mrs. Coolidge. All right. What is your name, Ma’am? Mrs. Dorothy Coolidge. Lg are Edward Coolidge’s mother? es. Is your husband alive? No. Where do you live? 852 Clay Street. So Edward, your son, and Joanne, your daughter- in-law, in February of 1964 lived in their own home? Is that right? OPO PO PO PO PO A Yes. Q Where was that home? A 312 Seames Drive. Q And you lived on Clay Street? A Yes. _ About how far apart were the two houses, rough- A Maybe half a dozen blocks. It was just about the same distance on the next street, off the street, to my house, you might say, straight in line. Q That is you were not next door to each other? A No, no. [fol. 159] Q How long would it take you, riding in a car, from your house to Ed’s house? A That was only a matter of a couple minutes. | walked it many a time. Q Going back to February 2nd, 1964—which was a Sunday—and that was the day that Ed went to the police station for questioning and taking the lie detector test— is that right? A Yes. Q When did you first learn that Ed had gone to the police station? A Joannie called me up and told me to come right off. Q Do you recall what time she called you? A Between two-thirty and three. She says, “I have got to go somewhere; come over and take care of the baby.” I says, “All right.” I says, “What do you want and where are you going?” She says, “Just come up.” So I went up. Q When you got there did you learn where she was going? A Yes. She was going to the police station. There was two officers there, and I knew one of them. I says, “What is up? What is this all about?” They said, “Nothing we know; we have just got to bring her down.” Q Can you tell us how Joanne appeared at that time? A She was all flustered. She didn’t know what was what. She went out the minute I got there. She just said, “The baby is sleeping. You watch him.” I did that. 109 (fol. 160] Q Would you classify her as a nervous girl? A Yes; very nervous. Q Even under normal circumstances she is nervous? A Yes. She holds it in. She is very, very nervous. You touch her and she would be like ice. Q How long was Joanne at the stati.n that afternoon, before she returned to the house? A Maybe an hour and a half. The baby had woke up from the nap, I know, and I had the baby. Q When she came back was she driven home by the police officers, or did she drive back in the car Ed had driven to the station, if you recall? A Gee, I can’t say I recall. Q When she came back what was her condition and her appearance, as you observed it at that time? A She was crying and upset and didn’t know what it was all about. Q Did she say what had happened at the station? A Yes. Q What did she say? A She said she had talked with Edward and Officer Stipps talk- with her and told her she could be arrested for withholding information; and she said she didn’t know anything—what was what. Q You say she cried? {fol.161] A Yes. Q Did she say Captain Stipps talked with her about her married life? A Yes. She told me he asked her all kinds of per- sonal questions. Q You heard her testify that he asked her why she only had one child? A Yes. Q Is it true that she has had two miscarriages? A Yes; one before this baby and one after this baby. Q Going now to Sunday, the same day, Mrs. Coolidge, at some time lat that evening when Inspector Glennon and Detective Sergeant McBain arrived at the home, were you present at the time? A Yes. 110 Q Tell us what happened when those two officers arrived. A They came in and said they wanted to talk to Joannie. We went in the living room. Then they said something about whether they shou!d talk with me there. Joannie said, “Why not”—that I am her mother in-law. Then they asked her some little thing—I don’t know now what. I said, “That is the so-and-so.” They said, “We want to talk with her alone; we want Mrs. Coolidge to answer.” I says, “ I will go in the other room.” They said, “No; we want you to leave.” So I called my daughter to come and get me. Q And you went home? {fol. 162] A Yes. Q Can you tell us what Joannie’s condition, as you noticed it, was at the time you left? A She was very nervous—all to pieces. I don’t know how to explain her nervousness. She keeps it all inside, but she is like ice. I know her, so I know her state. Q At the time the officers leftw that night did she call you? A Yes. Q Did you go back to her house? A Yes. Right away. Q What was her condition after—when you went back after the police left? A She was crying: she said she didn’t know what was going to happen. Edward wasn’t home and she didn’t know what was what. She said they took some things and looked at the car; and she said they wanted the guns so she told them they could have the guns—she said she didn’t want them. MR. DEVINE: All right, thank you, Mrs. Coolidge. Just a moment, please. You may inquire. MR. MAYNARD: _I have no questions, thank you, Mrs. Coolidge. MR. DEVINE: We rest, Your Honor. THE COURT: Would you like a recess before you [fol. 163] proceed? MR. MAYNARD: It might save a little time, Your Honor. (Recess) 111 MR. DEVINE: Before we proceed, my brother has brought to my attention before we rested we asked for some information this morning—that is, the officers who were inside the house and outside the house; and also a list of the items which Captain Stipps gathered from the reports. THE COURT: I understand that the State is going to put that in through its evidence. MR. BUSSIERE: Yes, Your Honor. MR. DEVINE: All right. MR. BUSSIERE: Officer LeClair. TESTIMONY OF MAURICE LeCLAIR Sworn by Mr. Bussiere; direct examination by Mr. Bussiere: Q State your full name, address and occupation? A Maurice LeClair, 53 Maynard Ave.; patrolman, Manchehster Police Department. Q Would you tell the Court whether or not on Janu- ary 28th you had some contact with the defendant in this case, Mr. Coolidge? A I did. (fol. 164] @Q Who were you with? A Sergeant Doyon of the State Police. Q Would you tell me what that contact was? A We just, on a routine investigation of a report, went up to see Mr. Coolidge, to get his background, occu- pation, and get his story of his whereabouts, his actions and activities on January 13th. Q Now, at that time did you look at any weapons? A Yes, sir. We asked Mr. Coolidge in the presence of his wife if he owned any guns. He produced the guns; took the serial numbers down, the makes, the size. We also asked him if he had access to any other guns or if he ever owned any other guns. Q What was his reply? A His reply was that he didn’t have no other guns in his possession except the ones he produced, that he did 112 at one time own a twenty-two calibre pistol which he re. ported lost or stolen in January of 1960. Q Will you tell us what guns were produced when you asked if he had any weapons? A He brought out three weapons—a 410 bolt action shotgun. I believe the other was a Stevens 16 calibre, and a Marlin 30-30 carbine. Q Where was this interview with Mr. Coolidge? A It was in his home, in his living room. (fol. 165] Q Was his wife present at all times? A I believe she was, sir. Q Was anything in the interview said about a lie detector test? A I asked if he was willing to take a lie detector test, and he said he was. He also stated that he had been asked to take a lie detector test some time prior to that. Q That was referring back to 1960? A Yes. Q What did you say as to when he would take a lie detector test? A I asked what day was available to him. He said he had Sunday and Wednesday off, and he would prefer to take it on a Sunday. @ How would you describe his attitude up to that point? A Co-operative. Q Did he say anything as to whether he had been ex- pecting you, or anything along that line? A He did mention that he had been checked out in 1960. I believe he did say that he was expecting us. Q Now, following the 28th, did you pursue this mat- ter any further with Mr. Coolidge on some other day? A Yes, sir. On February 2nd. Q How did you go about doing that? A Approximately eight a.m., I called Mr. Coolidge at home. I identified myself and asked him if he could meet {fol. 166] me at the station at one o’clock, that after- noon. He says, “Is that pertaining to the lie detector test?” I says, “That is right.” He says, “All right; I will meet you in the station about twelve-forty-five.” I got a 118 call in the cruiser—I was in the car-—saying that Mr. Coolidge was waiting for me. Q Sometime that afternoon you transported him to Concord? A Yes. Q Would you tell us the seating arrangement in the car on the way to Concord? A He was in the front seat with me. Inspector Glen- non was in the back seat. Q Tell me what the arrangement would be if there are two officers and a prisoner? A If we have a prisoner, the prisoner is kept in the back seat with a man; and the prisoner is kept away from the driver. Q After you had got to Concord and had transacted your business and it was time to come back hom, was there any discussion about eating? A Yes. After we pulled away from the state build- ing, we offered Mr. Coolidge to go into a restaurant and have a sandwich, or would he prefer to go back to Man- chester and have a neal. He said he would prefer to go back to Manchester. Q Would you describe the seating arrangement on the way back to Manchester? A Mr. Coolidge was in the front seat with me; In- (fol. 167] spector Glennon was in the rear. Q Did you have any conversation with Detective Ser- geant McBain at the completion of the test? A After the completion of the test Detective Sergeant McBain asked me to come in his office and he told me what had transpired. Q On the way back can you tell us whether or not there was any conversation about that? A The first I heard was Inspector Glennon asked Mr. Coolidge—he says, “Concerning the money bag, how did you get it out of the shute—did you use a clothes hanger?” Mr. Coolidge says, “Is that going to be used for or against me in court?” Mr. Glennon answered, “It may.” Then he answered, “I would rather wait until later’, or something to that effect. Then he asked something per- taining to if he was going to be charged for the larceny 114 of the money. One of us asked why. He said, “I would like to contact my employer first.” We said we didn’t know anything about it; he would have to contact Cap. tain Stipps. Q And referring to the being charged, did he state anything about his ability to arrange things with his employer? A He said he wanted 2 chance to talk with his em- ployer if he was going to be charged; he would like a chance to contact him before he was charged. We told him we didn’t know what the story was; he would have to contact Captain Stipps when we got back. (fol. 168) Q When you got back to the station, what time was it—about? A It was approximately seven p.m. Q Yow had been away all that time? A Yes. Q When you returned to the station did you make any a. rangements for food? A As soon as I got to the station I had a meal or- dered. I think the meal came in at approximately eight p.m. Q What did the meal consist of? A It consisted of hamburg sandwich, french fries, cold slaw. He did receive coffee, but he requested a bouil- lon instead. During the course of the evening we were drinking coffee and bouillon. I was drinking the bouillon and he was doing the same. Q So he got what he wanted to? A Yes. Q When you arrived at the station did you see Captain Stipps? A When we arrived at the station cither Captain Stipps was gone or was just leaving, because I didn’t have no contact with Captain Stipps until later on that evening. Q Would you tell us when you made known to Captain Stipps anything with reference to the larceny? A Later on that evening. Our primary reason was to get his actions on January 13th. We didn’t dwell on that until just about two a.m. 115 [fol. 169] Q While you were in the station will you tell us where this questioning took place? A In the Inspector Division—upstairs, in the interro- gation room. Was Mr. Coolidge deprived of any of his personal property—like his belt, wallet, money or watch? A No, sir. Q Was Mr. Coolidge free to go from one room to another? A Yes, sir. He asked to go to the restroom. He was not accompanied. Several times he left the room, and he left by himself. Q Was the questioning continuous that night, or did it stop for any reason? A No, sir. At one time after the meal, I left the room. He was leaning on the table, and I didn’t bother him. I let him go for quite a while. Q And there was no one else bothering him? A No, sir. Q Would you describe his attitude during the course of that evening? A Co-operative. Q_ In the course of the evening you did make a num- ber of inquiries from him? Is that correct? A That is correct, sir. [fol. 170] Q As you made inquiries and got replies from him, what did you do? A Tried to verify them, sir. Q Did that require you to leave the room? A Yes, sir. Q And Mr. Coolidge understood what you were doing? A Yes. Q And his attitude was one of co-operation? Is that right? A It was, sir. Q Do you know what time Detective Sergeant Mc- Bain came to the station that evening? A It was after Mr. Coolidge had his meal. I would say it was probably eight-thirty or nine o’clock. Q Do you know what time Captain Stipps came back to the station? 116 A I believe it was right around that same period of time. MR. BUSSIERE: You may inquire. MR. DEVINE: No questions, Your Honor. You may step down. MR. BUSSIERE: Captain Stipps. TESTIMONY OF CAPTAIN JOHN A. STIPPS Previously sworn; direct examination by Mr. Bussiere: Q Captain, you have been sworn so there will not be any necessity of doing it again. THE COURT: Yes. MR. BUSSIERE: All right, Your Honor? THE COURT: Yes. {fol.171] Q Do you recall, Captain Stipps, on the eve- ning of February 2nd at what time you received any in- formation as to a possible larceny from Cote Brothers? A After talking with Detective Sergeant McBain, In- spector Glennon and Officer LeClair. I remember talking with McBain on the ’phone at home. Whether or not he told me at that time, I don’t know; but it was around nine o’clock when I arrived at the station to meet him. Q In the course of your deposition and in your testi- mony yesterday, you said something about six o’clock. Is there anything you now want to add to that—as to *%e hour when there might have been some circumstances, or something happened? A It would appear now that I was mistaken in the time—from six to nine. I know that I went home late to supper, and I might have been confused as to when I was told about any larceny from Concord. I do not believe that I got the report from Concord until around nine o'clock. Q At our request, Captain, did you ascertain what officers were detailed to the Coolidge house on the night of the arrest—February 19th? A Yes. Q Would you tell us which ones went to the [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40386413_0311%3A1. Public record. Not legal advice.