The Waterbury Democrat., 1939-06-13

IuIuacS xn the DO1ler room, and that he had done 1t on the order of the 4 accused Dunn. Now, this testimony is being offered in line with the al- legation in the information that they were concealing. This indicates that concealment of the conspiracy, cor- cealment by anyone in the course made and done in furtherance of the conspiracy and, therefore, think it is clearly within the ruling. MT. Morgan was concealing from MT. Hickey facts that he knew and which is evidence, of course, of the existence of the conspiracy. These statements made by Horgan are ad- missible against all the accused be- cause 1t was done in furtherance of the conspiracy, 8 part of which was to cover up the destruction of re- cords which was made and done for the purpose of concealing the con- spiracy.
 Grotesque View
 It seems to me that MT. Alcorn has rather grotesque view of the law when he says that an act of the conspiracy was the fact that MT. Horgn concealed from MT. Hickey the fact of the disappearance of re- cords MT. Morgan is man of mor- als, your honor please, and under DO obligation to tell MT. Hickey any, thing. It was his legal right to stand mute and not say word, and no matter what he said to MT. Hickey in way of concealment, certainly it could not be an act of concealment. And then another question of law is involved here, your honor please My position is that the disappear ance of records, no matter in what manner it happened, is separate and distinct conspiracy and not part of this general conspiracy, and no one will be bold enough to claim that all those men here on trial had any part in the disappearance of records. It is separate and distinct conspiracy and now to permit Mr. Hickey to testify to what MT. Hor- gan said to him is clear hearsay. The conspiracy ends when the last overt acts are proven by the evid- ence offered here in the trial, and the overt act of the disappearance of records didn't go back to Febru- ary when MT. Hickey had this conversation with Mir. Horgan, ana for that reason I ask your honor to exclude it.
 Judge: It seems to me that the evidence in the case will permit the jury to conclude that first this con- spiracy was not terminated by Feb ruary 5, and to conclude that it was in operation during the session of the grand jury and the question which I had in my mind was whether, granting all that was so, the statement to which MT. Hickey | was about to testify to was mat l ter in pursuance of the conspiracy. I am going to overrule the objec- tions. Jury called in.
 @. MT. Hickey, you detailed what | you did on February 5, and think | you got to the point where you had an interview with Horgan?
 A. Yes, sir.
 e. And you talked with hima
 A. did.
 e. Tell the court and the jury what was said.
 A. MT. Morgan told me that he was superintendent of the building. I asked him if he had janitors working for him and he told me yes. I asked him the names of the janitors and he gave me the names of Carroll, Brice and Kemp. asked him to show me the store room where the controllers records were. He showed me where 1t was. asked him to show me the boiler room and he showed me where it was. I asked him the name of the fireman and he said ODonnell. I asked him if he had taken records from the store room to the boiler room and he said he did and I asked him who had given him the order and he told me he couldn't tell me at that time. After that, returned to the store room, made an examination of the store room, of the inner room. I saw some shelves there and (objection over- ruled) I continued my investigation there in the inner store room. ex- amined 6 number of boxes and then I took these boxes out of the store room and put them on the truck and brought them to Hartford.
 o. How many boxes did you take out, MT. Hickey?
 A. 99 Identified boxes in the courtroom.)
 O. whether or not they were empty when you took them out?
 A. They were empty but with one or two exceptions. There were single sheets in one or two boxes there. One box had one sheet; otherwise the entire 99 were empty. I also took from the controllers office that day some ledgers. On February 2, continuing my investigation re-
 Spectator Injured
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