The Waterbury Democrat., 1939-05-23
Defense Counsel Made Most Bitter Battle
Continued from Page D

Jury tIn3Ay E1Cuscu
 As the argument waxed hotter, Attorney Thomas F. McDonough urged that the jury be excused. Judge Inglis complied with the re- quest after advising them that they should ignore all statements made by counsel during the argument
 When the jury had absented it. self, Alcorn continued in his pro- posals. He said that he would show that "Olsen-whom we have shown over and over and over again ma nipulated the city checks to destroy the identity of the payees."
 Records Destroyed
 we don't know what became of the large payments" he continued, because the records are destroyed" If a million dollars went out of the city treasury and is gone, we don't know where it is," the prose- cutor continued, "or who received it. But we know who issued the checks and we know what bank it went into In great many in- stances they were covered up by treasurers' checks showing only the Waterbury Trust company as the payee."
 Alcorn continued that most of the checks were destroyed after having gone back to the city from the bank.
 Controlled By Olsen
 "The Waterbury Trust Company was managed-practically controlled by Olsen," shouted Alcorn, as he re- peated that the only checks men, tioned on Browns schedule were those cashed at the Waterbury Trust Company.
 Judge Inglis in admitting the ex- hibit into evidence said that he be- lieved the state claimed that the scheme or conspiracy was to present checks at the Waterbury Trust com- pany where they were cashed so the payees' names were not recorded.
 There is some evidence to the eff feet that that was the scheme pur- sued" he said, in the absence of the jury.
 Admits Exhibit
 He admitted the exhibit after voic- ing the belief that the offer was to show that in pursuance of that scheme some $2,000,000 in city checks followed that course. The schedule was the 454th exhibit ad- mitted in the trial for the state.
 Tn arguing against the admission of the sheet. Attorney Benjamin Slade claimed that if that schedule were admitted, "every figure from the record of the bank was admiss- ible against the defendants"
 "Are we going to ask the jury to speculate?" he demanded. He pie tured the special prosecutor going to the jury with tears in his eyes and saying there are no records available-but the figures should be charged to the defendants.
 All Objections Lost
 Attorney Sidney s. Cassell asked why the treasurer's checks men, toned by Brown were not first put into evidence. All objections were overruled, however.
 MT. Brown, who may conclude his direct examination today testified that Daniel J. Leary, between 1930 and 1887, received $7,831.35 in excess of his salary. The items were charged to interest on floating debt, interest on bonded debt, travel ex- pense, and bridge bond funds, he said.
 Thomas P. Kelly received $4,25O between 1880 and 1887, he said, all being charged to interest on float ing debt, and in excess of his sal ary, Brown said.
 A total of $3f,e37 was paid to Corporation Counsel Charles s. O'Connor during the eight years and charged to court costs and sheriffs' fees, travel expense and interest on floating debt. The amount was in excess of the accused's salary, Brown said.
 General Review by Brown
 A general review of payments made by the city to attorneys was given by Brown. The figures, which to the great extent have been giv- en before by previous witnesses were as follows:
 Charles E. Williamson, $58, 400;
 Carmody & Thoms, $83, ,983.70; William E. Thoms, $46 ,225 .00; John D. ThomS, $500;
 Francis P. Guilfoile. $42,035.S2;
 John F. McGrath. $37 ,292O0;
 Spellacy, Ryan & Yoemans, $12,- 800;
 Herman J. Weisman, $26,000.
 The total, he said was $397 ,936.62. In the majority of instances the checks were paid before record was entered on the city's books.
 77th Session
 Alcorn opened the 77th session of the trial by referring his star witness, Brown, to a journal con- taining minutes of a meeting Of the board of aldermen, held June 2, 1930.
 Daniel J. Leary, former control Ter, whose illness caused the can- cellation of Fridays session. was in court today, minus cane and wear ing regular shoes. Serious foot trou- ble was the cause of his illness on Friday, when he required assistance to walk.
 Today's session marked the open ing of the 24th week of the trial. It IS USuCtCQ Olldb I1tC oedvO WhA NcAa- clude its case within two weeks, de- pending upon the length of the cross-examination to which Brown is subjected by defense counsel.
 The journal of the board of al- dermen showed, communication from Mayor Frank Hayes request ing authority to enter into agree ments to effect lower power rates in the city of Waterbury. Mayor Hayes. in his communication stated that such a survey was necessary.
 The board of aldermen. by unan- imous vote of the 13 aldermen present at the meeting, gave Hayes the requested authority, Brown stated. The names of the aldermen voting on the issue were read by the witness.
 Objections
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