The Waterbury Democrat., 1939-06-13

eAAO@e~~~~O session, Hickey was just starting to tell of a conference he had with Carl Olsen, May 19, the day of the arrest.
 Rowland III
 As the 85th session of the trial opened and before Special Prose- cutor Alcorn called his 60th and presumably final witness, he read to the court a statement from pr. Charles Engelke, concerning the condition of Controller Sherwood L. Rowland
 He told the court that he intended to call MT. Rowland to the stand next, but that illness had inter- vened. The statement from Dr. En- gelke was to the effect that Rowalnd is confined to his bed at the Water bury hospital, and unable to attend a court session.
 County Detective Hickey, who has served with States Attorney Alcorn at Hartford since 1922, and who will assume the superintend- ency of the State Police department July l, strode to the stand with a springy step.
 After giving a preliminary state- ment as to his experience as an ir- vestigator, he was questioned on his connection with the conspiracy case, which he said he entered February 4, 1888.
 Loud and lengthy arguments de- veloped when he testified that on February 5 he went to the city hall to talk with Controller Rowland, City Accountant James P. Purcell and Timothy Horgan, superintend- ent of the City Hall.
 Attorney Josiah H. Peck, counsel for Daniel J. Leary argued that what Hickey did was not relevant.
 Overruled
 After he was overruled, Alcorn questioned Hickey concerning his conversation with Horgan, who has pleaded nolo-contendere to the charge of conspiracy, and appeared as a witness for the state.
 The conference took place in the basement of the City Hall, he began land Horgan told me ." he was cut off by objections led by Attor- ney Benjamin Slade, who claimed that there is no evidence to the effect that Morgan took part in the conspiracy, therefore his statements were not admissible.
 AS he was overruled, Attorney Peck interjected the additional claim that inasmuch as Morgan had testified there was no reason for the additional testimony concerning the statements.
 Special Prosecutor Alcorn cried that Morgan is co-conspirator, and that his statements are admis- sible. Judge Inglis excused the jury, after questioning Alcorn as to whe- ther the statement was made as a part of the conspiracy. Alcorn re- piled that it was not.
 When the jury had retired to its chambers, Alcorn informed the court that the statement was not very important to the states case.
 But Judge Inglis desired to know the extent of it and called upon the county detective to proceed, in the absence of the jury.
 He said that he had been shown the store room and the boiler room in the basement of the City Hall by Horgan, and that Horgan had told him some records were taken to the boiler room from the store room.
 Couldn't Tell
 But when he asked Morgan who told him to remove the records, Horgan said that he couldn't tell him at that time, according to Hickey.
 Alcorn thereupon argued that anything said by an accused to the county detective would be admis- sible.
 Defense Attorney Murray stated that Judge Inglis himself has said previously that any statement by a conspirator is admissible only against himself. Attorney George Crawford pointed out that Morgan Is not on trial and that it would be admissible only against the declar- ant.
 At that point, Attorney Patrick Healey rose deliberately to his feet and declared firmly,
 '"There is no evidence to indicate that Timothy Morgan, as superin- tendent or head janitor of the City Hall, did anything more than take orders and follow them out. There is no evidence that Timothy Horgan did anything in furtherance of any conspiracy"
 In answer to MT. Healey, Special Prosecutor Alcorn claimed that the information contains claims that there were certain acts performed in pursuance of the conspiracy, and that the removal of records was &C., complished to cover up the acts of the accused in the furtherance of the conspiracy.
 He loudly proclaimed that the re- fusal of Morgan to tell Hickey who told him to remove the records was a concealment. 'It was in line with the concealment," he charged. "Hor- gan concealed from MT. Hickey the evidence that he knew of the exist ence of a conspiracy"
 Again Murray was on his feet ar- guing, MT. Alcorn's view of the law is grotesque when he said that Hor- gan concealed the disappearance of the records.
 No Obligation
 "Horgan was under no obligation to tell anything. He was within his legal rights to stand mute and say nothing" The New York law yer continued that while the states attorney has charged one conspiracy, he actually attempts to present sev- eral. He pointed out that the claim of disappearance of records is . claim of a separate conspiracy, and that no one could ever claim that all the men on trial had part in the disappearance of the records.
 Asked by Attorney Shade for . ril- Ing on the apparent length of exist- ence of the conspiracy. Judge Inglis