The Waterbury Democrat., 1939-05-12

Johnston and Charles E. William son, defendants, city officials, May or Thomas Spellacy of Hartford, former City Court Judge John F. McGrath and the law firm of Car inody and Thoms.
 In another attack on the George. H. Kingsley accountant firm, three of whose members are on trial, Brown commented that the pay- ments "were accepted by the audi tors as items representing interest and no comment was ever made concerning them"
 Defense Counsel Fought
 Counsel claShed innumerable times this morning over the well argued question of the admiSsibility of portions of the testimony pre- Sented by Brown. Defense counsel gave stiff resistance to what they termed the voluntary comments of Brown, as he described" various accountancy transactions at the be- hest of the special prosecutor.
 Controller Overexpended
 The appropriation for the con- troller's office, under which the floating funds were contained, was over-expended by $221 ,2O1.18 during the eight year period of incum- bency of Daniel J. Leary, Brown said.
 Exchanging blasts with Atty. Ben- jamin Slade, counsel for the three New York accountants on trial, George H. Kingsley, William B. Mur- ray and John w. Meaney, the states star witness stated that he was able to compute the amount actually paid for interest from the appro- priation by making survey for all the temporary loans in effect dur ing the eight years.
 More About Transfers
 Concentrating on transfers from the public welfare department to pay for truck hire, Brown indicated total of $38566 was transferred from the F. E. R. A. fund in 1884. From this transfer, Peters received $l4,850 and the H. w. Conner Co.,, of which James P. Healey, another defendant is an officer, $17000. In 1885, Brown stated, the Conner Co.,, received $12,856 for trucking, on items charged to the welfare depart ment.
 Defense Attorney, Shade, arguing over testimony by Brown concern ing a transfer of $79,816.29 in 1883 from the street department salaries items to the public welfare umem- ployed relief fund, pointed to I notation of approval by James P. PyTcell. accountant" Purcell, now chief accountant for the controller and at present acting controller, was star witness for the state sev- ersl weeks ago.
 May Beat Purcell Record
 # is believed, however. that the l9 court days he spent testifying fo: the state. will be eclipsed by the present witness, MT. Brown.
 Slade requested Judge Inglis to order Brown to read from the rec ori the notation of the alleged ap- prtval of the transfer by Purcell, but the judge declined to accede 10 the request.
 Blade argued that the witness was reading only that portion of the eX- hibit as suits his theory" In this manner. he said. the jury would fail to get "a correct picture"
 Transfer of Street Dept.
 Transfers of funds from the street department to the welfare depart ment were as follows, the witness said, 1931--$65, ,O00; 1932-$79,8 ,816.2 %; 1883 - $79,816.29; 1884 - $87 1914. 15; I935-$262 17856. The total, he said, was $574,885. .29.
 He identified them as charges made in the street department and transferred to the welfare depart ment. There was no approval of the board of aldermen or board of finance for the transfers, he said. They were made on orders of Daniel J. Leary or Enoch Borgnaes, an accountant, sought for trial on the conspiracy charges.
 22nd Week
 Today'S session of the conspiracy trial. the 73rd. was the final of the 22nd week. The trial has been in progress since November 29.
 Warren M. Brown, states &C., countant, qualified in the eyes of the court as an expert, resumed the stand to continue his testimony which was inaugurated yesterday concerning alleged over-expendi- lures in the corporation counsel's office, under an appropriation la belled "Cor"t costs and sheriffs' feeS.e
 In 1885, he said the total over- expenditure of that appropriation was $15.186.80. One item, from that appropriation. was the payment of s2,500. under date of March 8. 1885, to Attorney Herman J. Weisman. Absence of other records made it necessary for Brown to refer to James P. Purcell's private recon ciliation sheets to trace the pay nient, Brown said.