The Waterbury Democrat., 1939-08-18

lie cOnClnueQ that the state had at- tempted to prove 20 distinct, sep arate and independent alleged con- spiracies.
 T say to your honor, from this record" he continued, ''that the ev- idence did not justify the jury ir finding beyond reasonable doubt that my client was corrupt, took dishonest money, or in any way knew of conspiracy aided and abetted in it's program"
 The statement of Harry Macken- zic as witness for the state that he assumed Mayor Hayes was a fourth member of the group parti- cipating in the split of lobby fees was wholly unjustified,' he said.
 Alcom. Murray said, attempted to use as evidence, in his final argu- ments to the jury, the speculations of Mackenzie MT. Alcorn argued to the jury that MT. Mackenzie's clearly speculative evidence in that respect was a fact" Murray said.
 Attorney Josiah H. Peck, counsel for Daniel J. Leary based his argu- ments on comparison of the evil dence concerning Williamson and Mackenzie, and Thomas A. Shana- han. Tt seems to me complete separation" he said.
 The evidence did not justify the jury in finding one common general conspiracy" he cried. Tt might have been justified in finding a number of disconnected conspiracies, but that's as far as it could have gone"
 Prejudice, Bias
 He said that the verdict was based on prejudice and bias. He told the judge that he need not comment on the "ballyhoo" that accompanied the trial, flor your honor knows as well as I do," he continued.
 Newspapers and radios thrust their campaigns on the city for a year and half Peck said. He com mented that 1t was unprecedented in the history of the state.
 The widespread knowledge of the states expense in the trial came to the jury's knowledge Peck con- tinued and inevitably influenced them.
 They displayed their bias by their general verdict of guilty" he said. There is no evidence to tie Shanahan into a general conspiracy he added. ''The utmost remedy the city or state has against him is in the nature of civil action. There is no evidence that he is a part of a conspiracy as alleged by the state in the information.
 Peck said that the same consider ations applied to Henry w. Minor, whom the defense contended was paid as labor conciliator. "A strike would have been a misfortune" he said. And it was the duty of the city to avert it" There Is no evil dence against Minor, he said. and I feel the same way against the other accused.
 When the jury came in, after their short dliberations, they showed they had been influenced by consid- erations other than the evidence, during the course of the trial he said in conclusion.
 Attorney John H. Cassidy, coun- sel for Corporation Counsel Charles s. O'Connor, James P. Healey, Carl D. Olsen, Frank Burns Santalucia and Dan Peters, opened with recog- milton of the fact that the judge had denied motions for directed verdicts of acquittal. That, he said, would not halt the judge from setting aside the jury verdict of guilty.
 Grievous Error
 He said that if the judge consid- cred the jury had made "griev- ous error", and there was not suffi- cient evidence to convict the men beyond reasonable doubt, the ver- dict should be set aside.
 The test is whether the evidence was sufficient" he said. "I believe and contend the state failed to prove its case.
 Cassidy said that if a tally of those in the courtroom were taken, in- cluding those who had followed the case and the evidence, it would show that they were shocked by the ver- dict, because the evidence and the law does not justify it."
 And that is why the community is shocked" he cried.
 The jury did not follow instruc- tions, Cassidy alleged. He said that the charge to the jury had been scholarly. and ''pre-eminently fair" It was just to the state and just to the defense" he continued.
 They paid no attention to the charge" he said. pointing out that they had deliberated only six hours and IT minutes, according to his fig- ures.
 He told the judge to consider, on the basis of 19 accused, that would allow only 20 minutes of delibera- tion in the case of each of the de- fendants.
 Preconceived Notion
 They decided it long before the evidence was closed" he cried" on a preconceived notion, through and radios-it's not fair its not the law"
 We have confidence in your judgment" Cassidy told Judge Inglis in asking that the verdicts be set aside.
 Taking his clients individually Cassidy said that what Olsen did was for the benefit of his bank, and that as far as Santalucia was con- cerned, there was no evidence that he didn't furnish trucks to the city.
 Peters, he repeated. hasn't the mental ability to enter a conspiracy" and the evidence is such that no reasonable person would conclude him guilty.
 Healey Case
 He dealt at length on the Healey case, saying that there is no evi- dence to prove the states conten- tion that Healey traded in the name of the H. w. Conner co. Even the Judge in his charge to the jury pointed out that the company was "an honest to goodness company" Cassidy said.
 "The verdict makes Healey guilty fnP Uhaf fho ftnpnpr rtn Aid and