The Waterbury Democrat., 1938-06-24
Hayes Counsel Asks
 JuryBe CaHedMegal
tContinued from Page D

SCOQClnue0 the accused, who is under arrest, last night caused nine men to be subpoenaed into court today at noon ito testify what you know in the above entitled matter pending in said court"
 William J. Pape, publisher of the Republican and American; E. Rob- ert Stevenson, editor-in-c chief of the two newspapers; Thomas R. Good man, photographer for the newspa- pers; Christy Erk, radio commenta- tor; Roland Camp, State Senator George T. Culhane, John F. McLin- den, secretary of the Citizens Good Government association; Joseph Daly and John H. Flanagan, local member of the Waterbury grand jury, were the men called. Adverse Publicity
 It is believed that the witnesses were called with the purpose in mind of alleging that because of the undue and adverse publicity, the accused could not be granted fair trial in any venue.
 It has long been a contention of the defense that John H. Flanagan should not have been member of the grand jury.
 Counsel for the state and for the defense agreed at the outset of the hearing that any arguments on one demurrer and plea in abatement would be applicable to all. Alcorn First Heard
 Special Prosecutor Alcorn, whose position as such is vigorously ques- tioned by the defense. was the first to be heard, and in brief time pre- sented his chief claims in answer to the pleas of the defense.
 "The Hayes plea in abatement is typical of the rest" he said.
 His arguments were, in the major ity, centered on the defense of the statute of limitations.
 There is no question as to the sufficiency of the information, he said. The contract between Mayor Hayes, MT. Leary, Thomas P. Kelly and Atty E. G. Levy, to allegedly defraud the city on the basis o1 a utilities survey was then in. jected into the arguments by MT Alcorn.
 i Conspiracy Alleged "This conspiracy was continued for the purpose of defrauding the | city. It provided method, ap- parently an undiscoverable method flor these men to enrich them selves at the expense of the city"
 "It netted them the sum-over g period of six or seven years of $137,. 900, and at all times the conspiracy continued-all the while in the pur- suit of it, Hayes, Leary, Kelly anc Levy profited by 1t. From time te time others joined this same group for the same purpose and the same object, to defraud the City of Wa terbury."
 As his arguments continued, MT Alcorn branched into the allegations of the defense that the grand jury was illegally impaneled and that his appointment was illegal; that per- sons not provided by law appeared in the jury room; and that the re- port was illegal"
 "No Place Here"
 All these arguments have no place here" was his comment.
 "The grand jury was sworn to, and is now in the process of con- ducting an investigation, which they have not completed. They have only reported to the court the progress of the probe thus far"
 "There is no accused here in con- nection with the grand jury. They come only because of the act of the states attorney in filing the in- formation here against them.
 T wonder if the gentlemen have read the charge which you gave to the jury at the outset-I fear they haven't. For one of the things you told the jury with regard to their procedure was that they could either indict or report.
 'NO Place In Case"
 With this completed he reiterated, All this talk 1t has no place in this case"
 "All the court is concerned with is the information which is lodged and filed by the states attorney. They can attack that-but not the grand jury and its procedure, nor anything related to the grand jury. They have no stand in court on pleas regarding the grand jury.
 Attorney Murray. before starting his replies to MT. Alcorn. presented Judge Inglis and MT. Alcorn with a memorandum of cases which he said he intended to make references to. He said this custom was used in New York.
 30 Paragraphs In Plea
 He called attention to the fact that his plea in abatement consisted of 30 paragraphs, divided into three parts. Nineteen of the 27 defend- ants have filed similar pleas. The fkst part of MT. Murray's plea deals with the statute of limitations, the second with the legality of the ap- pointment of Alcorn and the third with the legality of the procedure of