The Waterbury Democrat., 1939-06-24

1Ol III tIlC UuOSCt.
 One Operating Group
 In regard to the other pleas for dismissal, the judges state: "The jury might well find that funds had been unlawfully taken from the city treasury pursuant to single general scheme and by the same sort of methods formed ana executed by a certain central group of conspirators, who operated from time to time, with the assistance of others, whom they brought into the conspiracy for various specific purposes. This is the sort of general conspiracy which the information charges"
 If the jury should so find, he states, there would be no variance between the information (the formal charge against the accuseO and the proof. If the jury should find that one general combination existed for the purpose of defrauding the city, he states, the question the jury mem- bers will then have to decide is as to who were the members of that conspiracy.
 The evidence against Hayes, Leary, Olsen, Kelly and Kingsley, shows clearly, the judge declares, that the cases against these men cannot be dismissed.
 Should Have Known
 It might well be found, Judge In- glis says, that O'Connor, Crary and Shanahan, as city employees, should have known that the payments to them were unlawful.
 Judge In.lis says he will enter his formal order for the dismissal of the charges against Ralph Coppeto, Sla- win and Murray when court is con- vened at Waterbury Tuesday morn ing. MT. Alcorn would have had to have the courts permission for an appeal, but this will not be neces- sary in view of his announcement that he will not appeal from the three dismissals.
 The lawyers who secured dismiss sals for their clients will continue at the trial. Attorney Cassel will de- fend Philip Coppeto, while Attor- neys Healey and Slcde still have several clients remaining.
 Argue To Strike Out
 Attorney Shade on Tuesday will argue a motion for the striking out of considerable portions of the states evidence. Attorney John H. Cassidy will file a similar motion, but is not expected to present any argument.
 The 23rd defendant, who did not make any motion for dismissal, is Attorney Charles E. Williamson of Darien, one-time Republican leader. He has plee,,ed not guilty but is on trial before the court only, not before the jury.
 Given to Freeman
 Judge Inglis' momentous deci- sion was turned over this morning to Clerk George H. Freeman of the superior court at Waterbury. MT. Freeman left at once to file the document officially in the Brass City.
 The accused who must present a defense, starting Tuesday, are Mayor Hayes, former Controller Leary, Secretary Kelly, Olsen, Supt. of Streets Thomas J. Fleming, Mar tin J. Dunn, O'Connor, Crary, Shanahan, Philip Coppeto, Frank Santalucia Burns, Healey, Minor, Simon J Alderman, Donate Piet- raroia. Purdie, John S. Johnston, Kingsley and Williamson. The decision today was the high light of lengthy investigation into alleged irregularities in the Water bury city government. A grand jury. after an investigation of several months early in 1888, brought charges of conspiracy against 27 men. One of those informed against, Enoch Borgnaes, an accountant, Is listed as Q fugitive from justice. Guilty pleas were entered by two, Edward G. Levy of New Haven and Harry Mackenzie of Bethel. 4 plea of nolo contendere was filed by Timothy Morgan, city hall superin- tendent. The remaining 23 went to trial, with Levy and Mackenzie tes- tifying for the state.
 Trial Began In November
 The trial began in November. 1888. after Q long delay in selecting c jury of IA and two alternates. the state began it's presentation of evI- dcnce in January. Sixty witnesses took the stand for the state during the six months that the prosecution employed in presenting It's case. The casa longest end p2rhane tha