The Waterbury Democrat., 1939-02-15
urv Excused As Counsel Battle Over Admission Of Record

ence.
 fn conclusion he said that there was "danger in admitting anything in writing" because of the weight 1t would carry with the jury" He cited the case of Pappas against the Aetna Insurance Company from Ill Conn, in connection with his argu- ment
 Attorney Benjamin Shade, coun- sel for the three New York account ants, William D. Murray, John w. Meaney and George II. Kingsley, the third defense counsel to argue against the admission of the records, said that to be admitted, "the rec oras must contain entries made in the regular course of business"
 He claimed that the records were made by Purcell for his own purpose that he saw fit to make memoran- da and eventually made summaries based on the memoranda he made and on data and memoranda made by others.
 "Hearsay"
 Shade characterized the evidence by saying, Tt Is just as much hear say to put something on paper as 1t is to present Q statement"
 Shade contended that the records to be admissible must have been made in the regular course of busi- ness or from duty. "They were not made in the regular course of duty within the statute" he argued.
 Taking issue with Q statement made by Q brother defense counsel, Shade said in no uncertain terms, T take issue with Brother Peck for his suggestion that the witness can use it to testify and refresh his memory. Unless he can prove the knowledge was his own, he cannot use It."
 Defense counsel at this point i1- dicated that they had concluded their arguments against the admis- sion of the evidence and Special Prosecutor Alcorn nodded to the judge and rose to his feet.
 "If the records of the city were available we would not have to ask for the admission of these," he stated pointedly.
 Tn support of the validity and ace cliracy of the records of Purcell he said that the work represented in them was done under his supervi- sion, and that at least Q portion of 1t was done personally by Purcell.
 At this point Judge Inglis inter- jected the question of whether lat least 0 portion of the record of- fered was purported to be taken from the city records -. taken by others than Purcell"
 The judge asked Alcorn how he could be sure that the witness even knew the data was ever in the books of the city. Alcorn defended that 1t would be impossible for any accountant to do all the accounting in the city, but added, Tt Is oil done under his supervision.
 Stresses Importance
 Let me suggest the importance of this testimony" was the manner in which Aicorn prefaced his next remarks, arguing for the admission of the records.
 Tt SO far appears in evidence that the warrants payable register sheets, the only book in the city containing the names of the payees of the checks have disappeared"
 Alcorn pointed out that oil the records for i936, Il months records for 1887 and others from years starting 1880 through 1885 had been abstracted.
 These records, according to Al- corn, "Would show the names of those to whom, the state claims, twas paid countless thousands ot the city's money"
 Relaxing c moment, he continued in Q high pitched tone Of voice which caused the spectators to lean forward with interest, "They ask your honor to exclude everything which they have been unable to de- stroy."
 "There was never e document sub- mitted to the court with stronger foundation" he stated with refer ence to the io30 working sheets Of Purcell.
 Tn the sheets we will find the names of individuals to whom large sums were paid they thought they were destroyed" he continued .. "Whep they were plueked from the warrants payable books by AL derman."
 Retaiiating for c remark made by Alcorn last week during the cross examination of Levy, Attorney Thomas Y. McDonough arose to his feet and said. The jury might as well be in their chairs" referring to the loud tones used by the special prosecutor. The jury had been rei- egated to their room during the en- tire argument, from the opening Of the court session.
 Purcell Knows They didn't make . 100 per cent Job of it," continued Aieorn with. out regarding McDonough's remark and referring to the alleged de- struction of the citys records. We have Purceiis papers which will show them ]. and nc says they're correct and accurate.
 Then we will know definitely to whom these thousands Of dollars were paid," continued Alcorn, as he tried to impress Judge tnglis that | the records should Do admitted.
 gcorning tho defense arguments against the admission Of the evi- dence, Aicorn continued, Its ask- ing too much Of this court to ex- ciude from this record the same evidence that they destroyed"
 Judge fnglis again interrupted the proceedings to ask Alcorn questions concerning what Purcell had testi- fled about what books the informa- ton was taken from. T don't know that the witness has testified what specific books his information was taken from" said the judge. And he continued, T don't know that tho witness has testified that those books