The Waterbury Democrat., 1938-10-07
;eeks Senatorial denomination Tonight


cialy the large number Of exhibit
which the state viii present.
At the same time Attorney 0eorg,
Crawford stated that he would Of
fer testimony as TO the availability
OF the New Haven court house fol
the trial IN the event the change
Of venue was granted.
Special Prosecutor Alcorn suggest.
cd, that IN the interest Of savin1
time, Judge Simpson might make q
personal inspection Of the court
building and make his own observa.
/ lions.
objects to New Haven
"As To the availability Of the New
Haven courthouse, / must object "a
any testimony IN that regard" he
stated firmly.
Ills fac flushed rs he claimed
1.-THE court has no right to trans
fer the case from one part OF the
county TO another" Judge Simpson
suggested that he refer to another
statute, $500, and find that the court
could 80 proceed.
"But that doesn't apply under my
notion" answered Mr.. Alcorn my
motion calls for removal 10 ans
other county. There's nothing to be
gained by removal to New Haven:
we'd have the same circumstances
and the same jury"
Withdrew Motion
In o high pitched voice he con-
tinued, There's nothing for me 10
do but withdraw my notion"
Judge Simpson iilterposed with
the question, Suppose the court
came 70 the conclusion that the
cases ought not be tried here
Would there be any objection II Il
were tried In New Haven"
Eyes, ] object" shouted MFR. AL
corn. II don't see how the court can
do anything but grant or deny my
notion" His motion calls for re.
moval 70 another county than New
Haven.
II might do something on my
own notion" said Judge Simpson,
aS he smiled broadly.
Attitude Not Likely
Special Prosecutor Alcorn stopped
for o moment before replying, II
don't think your honor would take
that attitude"
Defense Counsel Cassidy insisted
that Judge Simpson has discre-
tionary power In transferring Eases
and referred 10 the Mitchell case
which was transferred from Water
bury to New Haven while the Wa
terbury courthouse was under re-
pairs.
Again with regard TO the possible
shift TO New Haven, Mr.. Alcorn
said: I raise another point. There
In now pending here O quo warraflto
writ, which questions my right TO
act In this case. One OF the grounds
In o claim made early IN the pro.
ceedings IL that the states attorney
at New Haven has not been dis
qualified In this case. II this case Is
transferred 10 New Haven ! have
that question 10 contend with and
these gentlemen (referring 10 de-
Tense counSeD win take advantage
OF IT,"
Separate Issue Wa
Attorney Crawford assured the
court that the quo warranto would
not disturb the progress Of the trial
% II Is q separate issue.
While Mr.. Acorn was still tuning
ut the insiStennce OF defense coun-
sci that the trial be transferred 10
New Haven rather than Hartford,
Attorney James D. @. Murray gug-
gested 10 the court that for the
record the facilities OF the Water
bury building DO described by the
witnesses who had been called.
Special Prosecutor Hugh M. Al
corn asked for recess OF ten min.
utes OF this time. During the re.
cess no conversed steadily with his
assistants, Hugh Aicorn, Jr, Har-
old u. Mitchell, Warren M. Brown,
and County Detective Edward J,
Hickey.
Brown II Called
When he returned and court WA
called 10 order, Warren M. Brown
was called 10 the stand. This indl.
Gated that Mr.. Alcorn would not
withdraw the motion for change OF
venue. but would fight for II "a
the end.
Defense counsel are OF the
opinion that II the change OF venue
must DO granted. the trial should
DO shifted 10 New Haven, rather
than Hartford.
Mr.. Brown, under questioning Of
Mr.. Alcorn testified that he had
made an examination OF the base
inent and the courtroom OF the
building and that there were no
proper facilities for the exhibits