The Waterbury Democrat., 1939-08-08

1 gotiated the loans for the city. Healey said, the city was in a bad way, but never defaulted its obliga- tions because of the loans. "No scrip was ever issued" he said.
 '"rhe board of finance told Leary to do what was necessary-and later complimented him for his work Healey cried.
 He called upon the jury to recog- nize the presumtion of innocence. in spite of the states apparent desire for the presumption of guilty.
 Tt is not enough for the state to prove a strong probability" he cried
 Courtroom Crowded
 Spectators crowded the court room to capacity long before Judge Inglis emerged from his chambers and opened the 103d day of the Wa terbury conspiracy trial today Deputy sheriffs lined the first floor, keeping back would-be spectators who arrived after 9:30-too late to obtain one of the few seats availa- ble.
 Several arrived shortly after g o'clock, just as the court was open cd.
 Attorney John H. Cassidy, who concluded his arguments this morn- ing in behalf of Carl D. Olsen, Frank (Burns) Santalucia, James P. Healey, Corporation Counsel Charles s. O'Connor, and Dan Peters, started his arguments Fri day afternoon.
 He followed Attorney Josiah H. Peck, counsel for former Controller Daniel J. Leary, who argued one hour. Previously, Attorney Frederick Warehouse, co-counsel for Leary had argued one hour and Attorney George W. Crawford, counsel for Simon J. Alderman, nine hours.
 The state opened its arguments last Tuesday, when Assistant Special Prosecutor Hugh M. Alcorn, Jr., argued seven and one half hours, asking for convictions of the 19 men on trial to the jury. The goth man, Attorney Charles E. Williamson of Darien, is on trial to the court, and will be judged inno- cent or guilty by Judge Inglis.
 Hungry Office Seekers
 On last Friday, Cassidy argued that it was not the state that sought a conviction in the local case, but hungry office seekers" who sought to ride into office on the crest of the wave which spelled doom for the accused.
 Opening his argument this morn- ing he called the jury's attention to check which evidence had showed was paid to Carl D. Olsen, in the amount of $768. He said that the check was paid by virtue of vote of the board of sinking fund com- missioners.
 He called the jury's attention to the testimony for the state that the bank commissioners of the state had reviewed the books of the Wa terbury Trust Co.,, where Olsen was vice. president, but that not word had come from the banking com missioners-to the effect that the books were not proper.
 "The mere fact of a charter vio- lation does not prove conspiracy" he said.
 Resuming the reading of his pre- pared argument, Cassidy made ref erence to the opening arguments made for the state by Hugh M. AL corn, Jr. week ago today.
 Alcorn indicated that persons committing crimes and guilty of crimes show 1t by their demeanors. He asked the jury to infer from the refusal of Mayor Hayes to be ques- toned by County Detective Edward J. Hickey, that he was guilty.
 Speaks For Healey
 Cassidy asked the jury if from their vantage point of the past six months, they had observed at any time anything about the defendants which indicated they were guilty. Although charged as robbers and crooks-and acting as pirates in the scuttling of the good ship Water bury, they have not shown by their conduct that they are guilty" he said.
 At that point the defense attor- ney the fourth to ask the acquittal of the l9 men on trial, opened his specific arguments in the defense of James P. Healey, treasurer Of the H. w. Connor trucking company.
 On Friday, Cassidy dealt individ- ually in the defense of Carl D. Ol- sen and Frank Burns Santalucia.
 "Why is Healey In this prescott tion-Why is he held up as crirn- inal" demanded Cassidy.
 He lived here all his life and IS a respectable and law-abiding citizen, he continued.
 In all the evidence presented in the trial Cassidy continued not once has 1t been recorded in the trial that Healey, as an individual had any business with the city. "The H. w. Conner Go. did" he said, But not Healey,"
 "The H. w. Conner Co. is no more James P. Healey than the Scovill Mfg. Co. is John H. Goss or the American Brass Go. is Major Judge" Cassidy said, referring to two members of the board of fi- nance.
 "Healey is accused of something the H. w. Conner Go. did" The state claims that Healey did |, business as the H. W. Conner Go. but hasn't proved 1t. Cassidy said, , "such is not the fact and the state knows It."
 ? "In the absence of evidence you cannot find that Healey is crimin- , ally responsible for something that the H. W. Conner Co did" he cried.
 No Evidence ? Healey endorsed checks of the city of Waterbury, as treasurer of 5 the H. w. Conner Co., but that ! does not prove he traded in the H. 5 w. Conner Co.'S name, Cassidy l, cried. Reference to the claim of the ] state that the H. W. Conner Co. re- ceived S35,000 from the city for ? services not rendered was made in l sarcastic tone by Cassidy. There is