The Waterbury Democrat., 1938-09-28
been given no warning of the move by MT, Alporn.
 Attv. Kyealev Present

Atty. EEealey Present
 Attorney Patrick Healey, who is in association with Attorney James D. c. Murray of New York as coun- sel for Mayor Frank Hayes and six other defendants, was the only member of the defense corps in the courtroom at the time the motion was filed.
 But for the fact that Attorney Healey was appearing as counsel in a criminal matter, he might have been absent as well. When Judge Sinpson was informed of MT. Al- corn's intentions to file the motion and address the court, he ordered Clerk George H. Freeman to com municate with Attorney John Fl. Cassidy who also represents several defendants.
 Attorney Cassidy appeared in court in a few minutes, accompan- fed by Attorney Harold Ashworth, an associate.
 Special Prosecutor Alcorn, ap- nearing tired, as if under the strain of the arduous task of preparing the various cases resultant from the grand jurys Investigations, was the first to address the court:
 AIcorn Addresses Court
 "In the case of the state against Hayes and others, the special at torney for the state has filed a mo- ton for a change of venue" he said. q am here to ask you to fix a time to hear arguments on that motion. My oral arguments will be very brief. The testimony have to offer will be very short, and unless the defense requires time, the hear ing should be brief"
 Continuing, he stated firmly, "The case ought to move along and It IS urgent that 1t should. am hopeful that the motion might be heard Friday morning or afternoon.
 Ready Any Time
 'Defense counsel should have time to make preparations in the time intervening to Friday. No extensive preparations should be necessary. He concluded by stating that he would be prepared to appear to ar que at any time the judge might set. Alcorn commented then that Attorneys Healey and Cassidy were present, and that they represented a large number of the accused.
 Judge simpson then commented that Attorney Healey worked in as- sociation with Attorney Murray.
 Attorney Healey argued that two days notice were too short for a motion of such importance. He urged Judge simpson to set the arr guments down for week from Fri day.
 Atty. Murray Busy
 It was learned that Attorney Murray was planning to engage in a case starting Tuesday of next week, which might require his at tention for three weeks or more. In view of the situation of the local cases, however, 1t Is learned that he my not engage in that lengthy matter. It was expected that he would hold himself ready for pro- ceodings of the Waterbury case.
 The case was termed only as "that case" by Judge Simpson and counsel today.
 Inf MT. Murray enters that case, he might not be able to come here next Friday" said Judge Simpson.
 "Gov." Hayes Mentioned
 Attorney John H. Cassidy called Mayor Hayes, Governor Hayes" in stating, Attorney Murray, who rep- resents Governor Hayes is vitally interested in the date set for the hearing"
 At this time Judge Simpson in- terposed, T wonder If Friday after noon would not be acceptable to all?" Attorney Healey stated that 1t would be all right with him person. ally.
 T think, under the circumstance es, 1 shall set 1t down for Friday afternoon" said the judge, "and that will give the lawyers a chance to stand the short calendar sessions in their own counties. We'll make 1t 3 p. m" He then ordered the clerk that this was to be transmit ted to the defense counsel.
 Motion Unexpected
 Attorney Cassidy stepped to the fore and firmly stated, T certainly didn't anticipate such a motion, and neither did the other defense law yers."
 Tt was a complete surprise--l had no intimation of what was com ing" Attorney Healey said to the judge.
 Special Prosecutor Alcorn sug' gested to Attorney Healey that he