The Waterbury Democrat., 1938-06-15

LIlc ~ QlbLIlCCo TUT CIICthilB ciiooS who voted in the last election. These same forty books have previously been photostated for the convent ence of the investigators.
 The jury diverged from its usual standard of starting session at 10 o'clock today and arrived instead at II a. m. Special Prosecutor Hugh M Acorn refused to comment when asked if the hour delay was due to possibility that he conferred with States Attorney Lorin w. Willis of Bridgeport pertaining to the unpre- cedented decision of Judge Alfred c. Baldwin who yesterday granted per- mission to Leroy Kemp, a defendant in the Merit Parkway indictments, to examine the grand jury records. AIcorn Not Disturbed
 Questioned as to his opinion of the decision this morning, MT. AL corn stated Tt doesn't disturb me in the slightest degree" He refused to enlarge upon this.
 Judge Edward Mascolo, (D) was the first witness of the morning and he arrived at almost exactly II o. clock. There is little doubt that he was called as the jury continued It's probe into the reports that several men (reports say four to seven) were released from New Haven county jail last election day to cast their votes.
 An order for the release of a pris- oner would necessarily come from a judge in the court which convicted him. Newspaper files show that Judge John r. McGrath and not Judge Mascolo was on the city court bench October 4 and October s. election day and tho day preceding. The probe of the alleged release of the prisoners started yesterday when City Clerk Irving w. Pastcrnak, Jailer Nicholas Mona Of New Haven county jail and Court officer Joseph F. Garvey were called as witnesses.
 Tn Lobby Long Time
 Judge Mascolo spent considerable time in the court lobby before being called into the jury room. He re- mained in the building for the greater portion of the morning ses- sion.
 John P. Fitzmaurice arrived short- ly before noon, accompanied by Detectives George L. Greer and Louis Cannon of the Alcorn staff. They assisted him in carrying the 40 election check and tally sheet books. Photostatic copies of the contents Of the books were made by Henry Gebhardt at the early days of the probe.
 Shortly after MT. Fitznaur!ce had entered. the four officials from the cffice of the registrars of voters arrived.
 Change Not Mentioned No mention of the fact that the probe would not start until II O. clock this morning was made last night. Newspapermen arriving at the courthouse before 10 o'clock this morning and expecting the jurors to commence arriving, were dumb- founded when 10 o'clock arrived and there had been no arrivals. 6hort- ly after 10 o'clock Fred D. New, one of the jurors passed the court house and laughingly told the news papermen that they were ono hour early.
 It was at this time that observ- CTS were convinced that MT. Alcorn was undoubtedly in conference with Willis of Bridgeport. That they communicated at least by telephone is believed to be fact, No con firmation could be obtained from MT. Alcorn. however, who appar- ently, and according to his re- marks. was unimpressed by Judge Baldwin's decision.
 Criminal Action Differs Although the procedure of the Merritt Parkway and Waterbury juries has been similar, there is the marked difference in the manner in which they brought criminal ae- ton against those named. The Merritt Parkway jury. by handing up indictments. became the accus- 1 ing body.
 The Waterbury jury did not dc this. Their information was turned over to Special Prosecutor Alcorr who initiated the criminal actior against the mcn--32 to date.
 Whether or not any session of th' jury will be held tomorrow is prob lematical. Special Prosecutor Al corn is slated to appear in th' Supreme Court of Errors for fh, state in the case of John J. Murph, and others. Hugh Meade Alcorr Jr, his assistant, appeared her with him today. but Harold !