The Waterbury Democrat., 1939-08-10

Now, ladies and gentlemen, the state claims that in 1930 all these defendants confederated, conspired and agreed to do the act complained of, and the acts complained of: CD to cheat and defraud the city of Waterbury; CD to violate certain provisions of the charter of the city of Waterbury, and to violate certain statutory provisions. A violation of the charter provisions or 8 violation of the statutory provisions do not in any way affect the main control- ling charge made of cheating and defrauding the city of Waterbury. The charter provides that some of the officials who violate certain of the specifically named provisions Of the charter shall be subjected to a civil liability. Now, the state has converted the so-called simple of- lenses, violations of the charter of the city of Waterbury, into the heinous crime of conspiracy, and now, the state is asking you to sub- stitute for those penalties, the pen- alty that may find a conviction for the heinous crime of conspiracy.
 I have been here with you ever since the case started, and until MT. Alcorn finished I was wondering why Kingsley & Co.,, were here. l didn't know. I have been waiting for the introduction of some evil dence to support the allegations. But after the entire evidence was in, l endeavored to exercise the reasonable judgment that I had and past ex- perience that I possessed, and after due and careful thought, I conclud- ed that Kingsley & Co.,. and all the other defendants are here for two reasons: AS to all the defendants, because of the misplaced confidence of MT. Alcorn in MT. Brown: and as to Kingsley & Co., for George Kingsley and Meaney and originally Murray-because of the absence of Borgnaes.
 said misplaced confidence in MT. Brown. You will recall MT. Brown on the witness stand admitted that after he was employed, 1t was sug- gested to him that he examine the records of the city of Waterbury with a view ascertaining the pres ence of any fact showing irregu- larity or an unlawful act; and that he, Brown, undertook to comply with that assignment and he, on the examination of these records, had discovered checks that were not made out on pin point ma- chine and he had discovered cheeks that were not stamped with the stamping machine; numbers were written by pencil and in some cases with ink. And he had isolated from all those checks, the checks referring to these various defendants. And while he was testifying you will re- call q vividly see the picture before me now) the expression on his face, the pleasure that he conveyed in telling you in every instance, checks to so-and-so not made on pin point machine; checks so-and-so-number- ed in pencil; checks so-and-so num- bered in ink.
 | Alcorn's Expert
 I say MT. Brown prepared these voluninous schedules charging these various defendants with the sound statements of these schedules, takes the witness stand, and at every op- portunity that presents itself, he says Kingsley & Go. during 1930 received so much money, the appro- priation for auditing was only $2,500 And MT. Alcorn, In good faith, says. Here is my expert who made an examination of these records and he reports that the appropriation for auditing was $2,500 and Kingsley Company received so many thous- ands of dollars" And again the in- ference is reasonable that if the ap- propriation was $2,500 and they re- ceived several times $2,500, the in- ference is reasonable that they re- ceived more than they should have received. But what is the fact? The fact is that this MT. Brown, the man who is held up here as the great expert, at the time he made the examination had in his posses sion information that he obtained in the office of Kingsley & Com- pany in New York, copies of invoices reconciliation sheets, showing the amount of work done, the length of time that it took doing the work and an account of every dollar that was received. Did he tell Mir. Alcorr that the money that he found had been paid to Kingsley & Company wasn't for auditing alone, but was for all the work that was done ir connection with the affairs of Wa. terbury? Oh, no. That wasn't true That would disclose that the amount auditing concerns had received, was a great deal less than Brown woulc receive had he done the same amount of work. So that wouldn help MT. Brown in his assignment
 MT. Brown!
 Let's follow this interesting littl, bit of history involved with this mar Brown. It is not very pleasant data ladies and gentlemen of the jury It is not very pleasant to freel! speak when you find supporting evi dence that justifies the adequat, characterization of man that yol don't believe. But I'm compelled il the performance of my duty t, present to you my view about thi man Brown.
 Brown started out in this case t. sell himself for pay and to delive the goods. And believe that h, did a good job. You remember whel I made an attempt for the purpos of showing his interest in this case to ascertain from him what worl he did, how much money he got ! public matters which I believe t. be pertinent to this case-was he , fair witness? Did he attempt to tel us what he knew to help you fin, the facts or did he deliberately an, wilfully conceal what the actua fact is! You remember the inciden of the time sheet.
 S50,000 FOR BROWN
 Gentlemen and ladies, that an
 swer rendered that man Brown il the category of a man who doesn' appreciate the obligation of an oath
 He had long experience as an eX