The Waterbury Democrat., 1939-02-01

A. That's so.
 o. And those samples of your signature were mace for the purpose of having facsimile of your sigma ture to go to the people who plan- ned the checks for the City of Wa terbury.
 A. That's right.
 0. And you made several samples
 A. That's right.
 Q. And you picked out of the samples you made the one you would like to have printed on the checks
 A. That is correct.
 @. And the sample check made out is represented in the signature that I have already called your at- tention to. Well, you found when you went into office that the same thing had been done by your prede- cessor in office.
 A. I did.
 c. Was his name O'Donnell?
 A. Yes.
 e. And he was of the opposite political party?
 A. Yes.
 e. He was defeated in the elec- ton when you were first elected in- to office2
 A. He was.
 Q.You found that the first prac- tice that you had followed more or less in forming your signature to the Autographed signatures was a practice that had already been es- tablished by most of the predecessors in office when you began your term
 A. assumed that was the prac- tice.
 o. When you found signatures to most of your own knowledge there were checks of that charac- ter. Now, these signatures-John s. Johnston and T. Frank Hayes were both Autographed on the checks by the people who printed the checks for the city.
 A. Well, they were on the checks They were all on the checks on which those signatures appear.
 Q. When the blank checks came into the controllers office to be made out, those Autographed sig natures were onp
 A. Yes.
 o. I called your attention to the fact that there is on the bottom of this check, third signature iil the signature space and that sig nature is that of Daniel J. Leary isn't 1t?
 A. The signature-
 Q. I'm not asking you how it Is made.
 A. The name is Daniel J. Leary
 e. Well now, do you know how that signature in the practice pre-. vailing during Leary's administra- ton was put on those checks?
 A. never saw the machine.
 c. MT. Fitzniaurce, I asked tho question if you happen to know what the practice was and how the signature was put on the check.
 A. I don't quite understand you
 c. That signature was not put on in your office.
 A. That's right.
 @. You know, don't you, that that signature was put on by 6 machine2
 A. believe 1t was.
 o. There isn't any doubt in youl mind about 1t, is there, that that was the practice on that type oi check2 Now, the machine on which that signature was put, it isn't if your office, Is ita
 A. No.
 Q. You do know where It is'
 A. Yes.
 e. You don't know that there is another machine for writing cheeks in the controllers officer
 A. never saw the machine.
 Q. Now. all the checks regularly issued by the City of Waterbury during your administration and that of MT. Leary's. were not made out In your office, and by the pro- cedure you have described.
 A. The payrolls were not made out in the office.
 Judge Inglis ruled yesterday that Special Prosecutor Alcorn will not have to show a prima facie case of conspiracy before he introduces any evidence against any one of the &C., cused. On the basis of this ruling, which was hard-fought by defense counsel, MT. Alcorn was allowed to introduce in evidence two pages of the loS0 journal of the Board of Aldermen.
 The two pages admitted bear the message of Mayor Hayes to the board of aldermen, seeking permis- sion to enter into contract as e means of reducing the utility rates and the subsequent vote of the al- dermen granting the request. Thir- teen yeas" were recorded in favor of the vote.
 Jury Excused
 While the jury was absent Specia, Prosecutor Alcorn, arguing for the right to introduce the evidence said that he would show by the book that the whole conspiracy "stemmed