The Waterbury Democrat., 1939-08-11

JAMES D. c. MURRAY
 Noted New York lawyer, Native
 of Waterbury, pleads for exonera-
 ton of Mayor Frank Hayes, his
 boyhood friend.
 lord did, and they call this new process of torture, conspiracy.
 Now, Mayor Hayes knew no more that this check (to PurcelD was is- sued than he knew that hundreds of thousands of other checks were issued by the city of Waterbury. He didn't have to know it. And the req sons that he didn't have to know was that through this great account ing firm, Giffenhagen Associates or whoever they are, the system was set up by them for drawing checks out of the controllers office in the city of Waterbury.
 Now, there l. Mayor Hayes name Autographed on this check. He didn't have to know it was there or he didn't have to know that his name was on hundreds of thousands of other checks because that was the system. And Mayor Hayes had no concern whatever with the book keeping of the city of Waterbury. He wasn't elected to do that and you can hear MT. Alcorn shout to the roof tops that there was a strong mayor charter and that, therefore, Mayor Hayes was responsible for everything that happened in the city of Waterbury. But we all know that there is supreme courts de- cision in this state within the last year that Mayor Hayes had no right to employ the employees in the con- troller's office to discharge them. And yet, he is held responsible for everything that happened in the controllers office where the only man that was responsible vas Pur- cell.
 Mayors Duties
 Now, have no desire to place re- strictions on the conduct of Purcell But If every mayor in every munic- ipality had to see all the checks what in Gods name else could he do! And if the mayor of every municipality in the United States of any considerable size had to know every check that was issued there wouldn't be anything else for him to do, and that is why, under the municipal government in Wa terbury, and dare say in every city in this country, there is not only the mayor but a board of aldermen and their controllers office and a board of finance; and those offices were created to take care of their proper services to the city.
 It would be just as reasonable to concl de that Mayor Hayes was re- sponsible for the checks issued by the city of Waterbury as it would be to hold the treasurer of the United States responsible for every bill that was issued out of the treas ury of the United States. For in- stance, here Is a ten-dollar bill, (the last of the misspent fortune) and you see Autographed on this bill the name of the treasurer of the United States, Henry Morgenthau Jr., and you see Frank Hayes name Autographed on this check. It is f just as reasonable to hold Mayor Hayes for the Autographed checks or all these thousands of checks as it is to expect that the treasurer of the United States would sign every bill that comes out of the United States treasury.
 Now, almost every day for six months, all you heard were of the claims of the warrants payable sheets and you're going to hear that I think until the doors close upon you for your final deliberation in your sacred precincts as jury. And I confess I can't understand the position of the learned states attor- ney with regard to the warrants payable sheets.
 | Name on Sheets
 He wants to hold Mayor Hayes for every item that appears on war; rants payable sheets and, yet, he says that they were added after Mayor Hayes signed his name. Now, if they weren't on the warrants pay able sheets when Mayor Hayes sign ed them, of course he couldn't know that they we: there. And how is Mayor Hayes to know that. items were added afterwards? He wasn't the controllers office chief account ant. He was the mayor of the city. And evidence in this case is that Mayor Hayes nev"r had the slight est thing to do or ever had the slightest thing to do in making out the warrants payable sheets or is there a scintilla bit of evidence in this case that he ever asked any one to hold names of. the warrants payable sheets.
 | I think it's been said here that the learned states attorney, MT. Meade Alcorn, gave Purcell a halo around his head. don't want to call names and I don't want to be critical, but for my part, would picture him painted in the shroud of Judas Iscariat. Who got this job ] for him? Who took him from where he wasn't earning a penny and had him put into the controllers office? Who but Mayor Hayes.
 PurcelPs Testimony
 You remember Purcell's testimony that in 1930 he called Mayor Hayes attention to the fact that a check for some $3100 inadvertently had been paid ,ice and what did Mayor Hayes do? If Purcell is telling the truth, what did Mayor Hayes do? He at once rent for Controller Leary and advised him of the situation and as you know, Purcell admitted that prooabl he mistake was his and he was responsible for it. and the entire transaction being entire- ly innocent vas strengthened out. Purcell then ' Id that he once again in the eight y-frs of Mayor Hayes regime spoke, and he never told this jury what he said. to Mayor Hayes. And I rannen-' nr well when Mir