The Waterbury Democrat., 1939-07-19

NNNNNN called SO witnesses.
 Dating back to January, 1888, the investigation and trial have been the lengthiest and most expensive in the history of the state of Con- necticut, so far as available records can indicate.
 Probe Demanded
 Within a week after Controller Leary was succeeded in office by Sherwood L. Rowland, cries were raised for an investigation of the office conditions, as Rowland, as- sisted by City Accountant James P. Purcell, made claims of missing records.
 Leary lost the election to Rowland by B votes, and Mayor Hayes over came his fusion opposition, Senator George T. Culhane by 55 votes, in one of the most tumultous elections ever staged in Waterbury. Various local associations voted in protest of the situation, and State S Attorney Lawrence L. Lewis, who himself resigned in the days pre- ceding the trial, disqualified himself from the investigation, after a brief survey, with his assistants.
 Judge Frank P. McEvoy of the superior court, disqualified himself, and Chief Justice William M. Malt bic appointed Judge Ernest A. Inglis to preside at matters in connection with the probe. Lewis, before dis qualifying himself recommended that a grand jury probe be in- augurated.
 Within a month. February 4, 1888, States Attorney Hugh M. Alcorn of Hartford county was named special prosecutor and Hugh M. Alcorn, Jr, and Harold M. Mitchell were named special assistant prosecutors.
 AlcOrn Enters
 Weeks of investigation by County Detective Edward J. Hickey now superintendent of the state police force followed and on March Special Prosecutor Acorn made his initial appearance here in connec- tion with the probe and asked that grand jury be summoned
 Judge Inglis complied Starting on March 8 the grand jury of 18 men from New Haven county opened the probe which led to their charges that 27 men conspired to defraud the city of more than Q million dollars. They called more than 140 witnesses during probe which continued well into May.
 On May 19, the grand jury issued 74-page report of scathing charges against the city's officers, attorneys, contractors, accountants and others. Twenty -seven were charged with conspiracy, and the grand jury recommended that Special Prosecu- tor Acorn proceed against them in court.
 The same night, Alcorn filed with the court a single bench warrant, containing 32 pages of charges against the 27 men. Judge Inglis signed the warrant, calling for the arrest of the 27.
 With the city in a state of high excitement over the sensational de- velopments, 20 of the 27 men &C., cused surrendered to arrest and posted bonds ranging from $5,000 to $25 ,000.
 Subsequently the accused pleaded not guilty to the charge, and elected to be tried by the jury, with the exception of Timothy Horgan, city hall superintendent, who pleaded nolo contendere.
 Guilty Pleas
 At subsequent hearing, Edward J. Levy, New Haven attorney and Harry Mackenzie, Bethel lobbyist re- voked their not guilty pleas and pleaded guilty. At the same hear ing, Atty. Charles +. Williamson of Darien withdrew his election to be tried by the jury and asked to be tried by the court.
 The trial started November 20, after a summer of arguments on preliminary motions, attacking the validity and legality of the investi- gation and the bench warrant. AL most without exception the motions were denied or oVerruled by Judge Inglis, who was assigned by Chief Justice Maltbie to remain as pre- siding justice throughout the trial.
 During the preliminaries the &C., cused failed in their attempt to gain access to the grand jury minutes. But since the trial the testimony of several accused before the grand jury has been opened to them, on the admission of witnesses that they lied before the grand jury.
 An appeal from Judge Inglis' dis missal of quo warranto writ, filed by Atty. Thomas F. McDonough on behalf of Alderman Thomas P. Kelly. attacking the right of Alcorn to serve as special prosecutor in this county Is still pending in the supreme court of errors.
 Another appeal still pending in the supreme court of errors Is that of Attorney Josiah II. Peck, from the dismissal of his mandamus pro- ceedings designed to open the min ltes of the grand jury. Indications have been that at least Ihe latter and perhaps the former may never be argued.
 Trial Starts
 The trial actually started Novem- per 20, l038, when the state called City Clerk John P. Fitzmaurice as | It's first witness. From that time un- til June 13, when the state rested, following testimony of former Coun- Jy Detective Edward J. Hickey, an array of high ranking officials, ex- )erts, bankers and others appeared IS witnesses for the state.
 The witness who was on the stand