The Waterbury Democrat., 1939-04-13

n 0CASCQkA4CEoC0 dOJC ddOACIt WkAC admits he conspired to defraud the City of Waterbury of more than a million dollars and claims to have elO0, 900 cached in savings banks and Treasury bonds took the stand in the conspiracy trial yesterday.
 He Is former Labor Commissioner Harry Mackenzie, florid-faced for mer lieutenant to J. Henry Rora- back, who until his suicide was boss supreme of the Republican party in Connecticut.
 One of the highlights of his tes- timony, which is expected to be sensationalized during cross-exam- ination today by Atty. James D. C.. Murray, was the witness emphatic denial that he had ever received $4,5OO from George Dietrich-Musica for bribe of Connecticut official, on behalf of the arch swindler, F. Donald Coster.
 Proof that his lobbying interests since 1883 had been profitable was claimed by Mackenzie, in the state ment that he owns $100,000, and $l0,0OO unencumbered home in Bethel.
 Mackenzie was preceded to the stand by his co-lobbyist, former Compensation Commissioner Charles Eg Williamson of Darien and Jo- seph B. McMahon of Waterbury, former chauffeur to Daniel J. Leary.
 Mayor Not Implicated
 Neither Williamson nor Macken- zie could tie Mayor Frank Hayes in- to any conference at which fees for lobbying had been split, and Will liamson admitted that testimony he gave concerning Hayes knowledge of a split had been untrue. Mac kenzie, like Williamson, however, implicated Daniel J. Leary and Carl D. Olsen.
 Mackenzie's testimony differed in many details from that given by Williamson. Each blamed the other for arranging the conference here in 1887 at which they arr ranged the city's legislative pro- gram, and then allegedly split $5,- 900 with Daniel J. Leary.
 George Dietrich-Musica brother of Coster- -Musica was ln the court room yesterday, and on call of At torney Murray, stood up to be iden- tified by Mackenzie. The latter's face twitched continuously while he waD on the stand.
 Is took Mackenzie less than three hours to- relate his story for the state. With court nearly adjourn ment time, Defense Attorney Mur- ray stood up and said to Judge In,ylis, Your honor, I realize it is late, but I would like to question Mn. Mackenzie about a matter now to obviate the necessity of wit neas returning tomorrow.
 With that, he called on Dietrich to stand up. A pale-faced, spec tacled man, seated in the rear of the courtroom stood up. He is the man who pleaded not guilty re- cently to the same Account federal indictment which brought about the arrest of Rowley w. Phillips of Waterbury.
 'Is that the man?" Murray asked of Mackenzie.
 ~Yes," was the reply.
 No Correspondence
 Then Murray asked, dramatically, "Did Dietrich ever write you letter on behalf of his brother, in closing a check for $4,500 as bribe for a Connecticut official?"
 "No," the witness said.
 Mackenzie was asked the name of Dietrich's brother, and he replied, '.F. Donald Coster'.
 What was his real name?" Mur- ray demanded.
 Mackenzie hesitated then an- swered "Musica". He could not think of the name Philip Mu- sica". The witness denied having been in close contact with Coster but admitted seeing him often.
 Driving rapid questions at Mac kenzie without cessation, Murray made the most of the waning min- utes of the day.
 He asked Mackenzie how many years he had used drugs. Seven or eight" was the reply.
 Not taking that answer as the fact, Murray asked, Was it POP"
 "No," Mackenzie murmured.
 "Fifteen?" continued Murray.
 "Yes," the admission was made.
 Uses Drugs
 Mackenzie admitted he started using drugs in February, 1924, and that he had taken injections and tablets of morphine, codeine, as- pirin and phenistine. Being a regis tered pharmacist, he said, he could mix the drugs himself.
 The uneasy witness was then asked by the relentless ross-examiner what effect morphine has on the pupils of the eyes. He replied that he did not know whether they were dilated or contracted.
 Stepping close to the witness, Mur- ray ordered, Turn your face up to the light" When Mackenzie obeyed, Murray stared into his eyes for several seconds, as Judge Inglis, the jury and spectators watched in awed silence.
 Completing his observation, Mur- ray made no comments, but con- tinued his questioning.
 Complete hospital records of Mac kenzie'S illness, subpoenaed from the Danbury hospital, were surrendered to Murray in the courtroom by