The Waterbury Democrat., 1938-05-20

continued through the period afore- said for the purpose of cheating and defrauding the said City of Water bury and the residents and tax payers thereof; and for the purpose of promoting the personal and f. nancial advancement of said Hayes, Leary and Kelly by avoiding, evad- ing and violating the provisions of the charter of the City of Waterbury and the General Statutes of the State of Connecticut, hereinbefore set forth; and for the purpose of ob- taining a share of the sums of money paid and to be paid by said city to persons with whom contracts had been or were to be made on be- half of said city; and for the pur- pose of prejudicing, deceiving and defrauding the public community of said Waterbury, its residents and taxpayers by making and assisting in the making of false entries on the books and records of said public community; by making, approving and allowing without right or au- thority false, fraudulent, unneces- sary and exorbitant claims against said city; and for the, purpose of wrongfully appropriating and con- verting to their own and to the use Of divers others persons, money, funds and property belonging to said City of Waterbury; and for said purposes did wilfully, maliciously wrongfully and feloniously conspire, confederate and agree together to cheat and defraud the said City of Waterbury and the taxpayers there Of as aforesaid, and, in addition thereto, to pay and obtain salaries in excess of that fixed by law; and to appropriate and convert to their own use and to the use of divers others persons to the said Attorney unknown the money, funds and property belonging to the said City Of Waterbury; and to make false entries upon the books of said city; and to make false and fraudulent claims and demands upon said city; and to pay or aid in the pay ment of said claims and demands and to obtain gratuities or compen- sation from persons with whom con- tracts were to be made or had been made, or were purported to have been made, in behalf of said City of Waterbury; and to burn or other wise remove and destroy the books, records. accounts, vouchers, papers, and documents belonging to the said City of Waterbury upon which were entered the record of said unlawful and wrongful transactions.
 Check System Devised
 And in pursuance of said con- spiracy, and as 8 part thereof, be- tween the 1st day of January, 1880, and the 1st day of January, 1888, a system of issuing unnumbered checks on the Treasurer of the City of Waterbury. payable at the Citi- zens & Manufacturers National Bank of Waterbury, was devised and maintained by the said Hayes and Leary by which the Autographed signatures of said Hayes as Mayor and John P. FitZmaurice as the City Clerk of said city were printed thereon. Said checks bearing the Autographed signatures of said Mayor and said City Clerk as here- matter set forth were at all times thereafter kept in the office of said Leary. The autographed signature of said Leary, Kelly or Dunn upon said checks made them 8 valid or- der on the Treasurer of said city for the payment of such amount of money as might be named therein and large number of such checks calling for the payment of the city's money in large amounts could be and were issued and typed from time to time throughout said period at the will of said Hayes, Leary, Kelly and Dunn in said Leary's of flee without the Knowledge of said clerk: and by means of said system large sums of money belonging to said city were from time to time between said dates unlawfully and wrongfully paid out by said Hayes, Leary, Kelly and Dunn to the other accused hereinbefore named and to others whose names are to said At torney unknown without the knowl- edge or approval of said City Clerk or the Board of Finance of said city.
 The charter and bookkeeping sys- tenn of said city required that no claim against said city should be paid until 1t had first been entered upon certain sheets known as the warrants payable register sheets," which sheets, with the claims and invoices entered thereon, were there after to be submitted to said Board of Finance for its approval; and as 8 part of said conspiracy, and in furtherance thereof, checks issued as aforesaid were not entered upon said warrants payable register sheets at the time said sheets were sub mitted to said Board, but were entered thereon without the knowl- edge of said Board after the meet ing of said Board and after the members thereof had affixed their signatures to said sheets, thereby giving an appearance of approval by said Board to claims and invoices never presented to 1t for approval.
 No Approval Sought
 And in further pursuance of said conspiracy, to wit, between the lst day of January. 1880 and the Sd day of January, 1888, the said Hayes, Leary, Kelly, Olsen, Borg macs and Dunn did devise, consent to and authorize the payment of large sums of money belonging to said City of Waterbury without first obtaining the approval of the Board of Finance as required by the char ter of said city; and did make pay ments to purported creditors; and payments in addition to salaries fixed by law of employees of said City of Waterbury by means of checks issued in form and manner above described, unnumbered when issued, and not issued in regular course by the City Clerk of said City, and drawn in the office of said Daniel J. Leary. and signed either by said Daniel J. Leary, Martin J. Dunn or Thomas P. Kelly. and did withhold said payments from the