The Waterbury Democrat., 1938-07-08

tuc bIdLC CIhliIlb uS IlHu III LLlS Hls legged conspiracy.
 More Information
 Accordingly" the decision con- tinued, "the motions for bills o1 particulars of each and all of the accused except Henry Minor are de- nied, and the motion for bill o1 particulars of Henry Minor is de- nied except that it is ordered that the state by bill of particulars sci forth what part the said Henry Minor had in the alleged conspir. acy."
 Constable Lewis Cannon, en- ployed by Special Prosecutor AL corn was present at the courthouse yesterday afternoon to obtain copies of the decisions, for immediate de- livery to MT. Alcorn at Hartford The decisions were brought from Middletown, Judge Inglis' home, by Clerk George H. Freeman of the superior court.
 Practically all of the grounds assigned to these motions are the same grounds assigned for abate- ment in the pleas in abatement and have been passed upon in the memorandum on demurrer to the pleas in abatement" says Judge In- glis in ruling on the motions to quash."
 Judge Inglis recently overruled all the pleas in abatement as filed by the defense counsel.
 In answer to a charge that the information sets forth prejudicial matters, Judge Inglis states that the information does no more than charge 8 conspiracy specifying vari- ous overt acts committed in pur- suance of the conspiracy.
 Conspiracy
 Although the defense maintains that the information does not set forth 8 crime, Judge Inglish says, Tt is perfectly clear that the in- formation does allege the crime of conspiracy"
 The charge that the states attor- ney's evidence is insufficient to war rant 8 prosecution was not argued, according to Judge Inglis, "prob- ably because it is so obvious that the states attorney does have evil dence in his possession which offers probable ground for a prosecution" :"
 Concluding his ruling on the mo- tion to quash, Judge Inglis states, Finally, in the motions to quash of Philip Coppeto and Ralph Coppeto, 1t is alleged that the offense charged occurred outside the state and that the charge against Philip Coppeto is simply one of aiding and abet- ting. The answer to this is that the charge against each of these accused is a charge of conspiracy and that the occurrence outside of the State of Connecticut and the aiding and abetting alleged are simply overt acts alleged as being in pursuance of the conspiracy"
 Limitations
 The lengthiest of the decisions is that of Judge Inglis on the motions to strike out and to expunge from the information. Tn the case of conspiracy" he says, leach one of the conspirators, no matter when he entered it, is chargeable with all of the acts of all of the other con- spirators which are done in further ance of the conspiracy. Moreover, in the case of continuing conspiracy such as is alleged here the statute of limitation does not begin to run until the termination of the con- spiracy"
 This latter statement is highly important to the motions filed in behalf of Mayor Frank Hayes by Attorney James D. c. Murray. He had alleged that the statute of linn itations was a legal defense.
 'It is obviously impossible in a memorandum such as this to dis cuss all of the multitudinous re- quests to expunge contained in the various motions, separately. An analysis has been made of them and each has received consideration" continues Judge Inglis.
 Burning of Records
 Most Of the accused move to ex- punge the allegations concerning the burning and destruction of books and records because, they say, that is purely evidentiary, because all of the accused did not participate in 1t, and because, 1t is claimed, 1t oc- cured subsequent to the termina- tion of the conspiracy.
 Each of the accused is charge able with those acts done by his fellow conspirators and therefore the allegations as to those acts are in the information against him." continues Judge Inglis.
 Judge Inglis then delves deeply into the legality of the allegations in the information pertaining to the of Thomas P. Kelly with Attorney Edward Levy of New Haven and the payment to him of the allegations concerning the aiding and abetting of Phil Coppeto to stay out of the state; the allegations concerning the plac- ing of additional locks on doors in the city hall, and concludes: "A part of any fraud is the conceal ment of 1t from the one defrauded."
 Taxpayers Eventually
 Oeyeral If tho accused ohtect fO