The Waterbury Democrat., 1939-05-17

ditional testimony about tax records revealing the number of trucks owned by Santalucia, Attorney Cas- sidy again raised objections. He pointed out that Brown. in his opinion, was testifying as an ac- countant, and should not comment concerning assessors lists. The lists have been in evidence before, he said.
 When Special Prosecutor Alcorn replied, in answer to a question from the bench, that he offered the truck evidence against all the &C., crsed, "as part of the conspiracy --as part of the system" a storm of, defense protests arose.
 System" muttered Attorney Cas- sidy.
 Judge Inglis ruled, and advised the jury that the tax list evidence was to be considered only in con- nection with the guilt or innocence of Santalucia.
 Previous threats of mistrial have been made, before today by Attor- ney Thomas F. McDonough, counsel for Thomas P. Kelly.
 18th Day
 Today's session of the trial-the 75th-opened with Special Prosecu- tor Acorn continuing along that phase of the trial dealing with the payments of city funds to John S. Johnston, New York broker and one l of the defendants.
 Yesterday, Brown testified to pay ments of $2l1,0O0 by the city to Johnston, under charges to an ap- propriation for interest on floating debt.
 Today, he attempted to connect checks drawn by Johnston on his New York account, with checks cashed at the Waterbury Trust com- pany. He could not identify the recipient of the checks caShed at the Waterbury Trust company, how ever.
 Referring to a check issued De- cember 23. 1883 for $7,500, which was deposited to the account of Johnston in the Colonial Trust Co.,, New York. Brown said that John- ston issued three checks on Decem- Der 28, each for $1,875, making a total of $5,625, and leaving $1,875 of the original amount remaining in his account.
 The balance before the deposit of the city check in the Johnston ac- count was overdrawn by $l8.Ol Brown said.
 Checks Exchanged
 The Waterbury Trust company sent letter to the Chase National Bank company, seeking the collec- ton of three checks against the &C., count of Johnston, shortly there after, indicating that the three checks were exchanged at the Wa terbury Trust company for cash, the witness said.
 Turning to the year, 1884, Brown said that he was able. by the Janu- ary conciliation sheets to trace a payment of $5.81 to Johnston, which was also deposited to his New York bank account. The check was paid in January, but did not appear on the city books until March, he said. The next check was paid Febru- ary 13, 1884, for a total of $15,OOO charged to the interest on float ing debt, Brown said. It was de- posted to the account of Johnston, February 10. Prior to the deposit. Johnston's balance had been $149O4.
 Subsequently,, on February IT, a check for $4,025 was drawn on Johnston's account, then on Febru- ary 19, $4,OOO; and February 20. $3,- O00 making total of $ll,O25 o1 the $15,000, said Brown.
 Indications that the three checks were cashed at the Waterbury Trust company were carried with col lection letter from the Waterbury Trust company, to the Chase Ma tional bank requesting the collec- tion of corresponding amounts.
 Have you any way of telling who it was in the Waterbury Trust company that got that money?" asked Alcorn of Brown. Implications Atty. Patrick Healey, counsel for Johnston was on his feet, obJect- ing, There's no suggestion that any, in the Waterbury Trust company gott he money" he shouted. He continued that 1t carried implica- tions that someone in the bank got it..
 Objections were overruled, how ever, and Brown replied that from the available records it was impos- sible to tell"
 In reply to further objections by