The Waterbury Democrat., 1939-02-01

| A3yeS,
 Judge Inglis declined to admit the whole book to evidence, when de- fense counsel argued that there would be considerable iminaterial matter contained.
 The aldermanic journal, with sev- eral others, including the minutes of meetings to May 3, 1888, were brought from the city hall yester- day afternoon by MT. Fttzmaurice who was the only witness called. A recess was declared to permit the clerk to go for his books, when de- fense counsel objected to the use ot copies of the journals.
 The mayors message concerning the utilities contract was read to the jury as evidence against all the accused-not only against Hayes as Alcorn indicated he would be willing to do.
 In the absence of the jury, Attor- ney Crawford cried that Alcorn had no right to connect his client with the action of Hayes, when on the face of 1t there was no connection.
 Must Show Link Attorney Slade, in fiery oration, contended that Alcorn must estab- fish that there was a conspiracy be- fore the acts Of one defendant be- come binding on another.
 The contract in question was that in which Levy allegedly received ap- proximately $127, ,000 for attempting to effect reductions of electric light bills here.
 ITO prove Levy took the money does not prove the charge of con- spiracy," 1t was argued. Until the conspiracy is established, no evil dence is admissible as affecting all the defendants"
 Special Prosecutor Alcorn return ed that the contract was made as manner to taking money illegally from the city of Waterbury.
 He shouted that the state will show not only the connection of Hayes, but that Levy, Thomas P Kelly and Daniel J. Leary met in city hall to arrange split.
 'The conspiracy really originated with the Levy contract" he said.
 The logical way to prove this case is to begin at the beginning" he contended.
 Together
 He said that Alderman, the New Haven accountant, and the ottos defendants would be drawn in by later developments-he also said that he would show the actual get together and agreements.
 eff there was get-together we're entitled to have that at the begin- ming" said Attorney Crawford.
 On his feet, his hoarse voice raised to 8 high pitch, Attorney Slade re- torted, "The foundation for the conspiracy charge is the agreement -and until that's proven it's dan- gerous to, permit the opening of the door as wide as 1t can be in a con- spiracy case."
 Judge Tnglis interrupted the hot arguments to ask Alcorn, If I ad- init this evidence do understand that will instruct the jury that 1t is only against Hayes" Alcorr answered in the affirmative.
 More arguments by defense coun- sel followed.
 Judge Inglis said that he would accept the evidence as against the whole group, not only Hayes. "Ap- parently 1t is one step in the proof of the conspiracy" he said. Objec- tions of defense counsel were over- ruled, and exceptions noted.
 On question of defense counsel Alcorn said, T offer 1t against al the accused"
 Jury Recalled The jury was then recalled and the mayors message and the vott were read to the jury.
 Further records of the board o1 aldermen journals and the boarc of finance from 1880 to 1888 were admitted for Identification only.
 Alcorn then asked Fitzmaurice fl he knew af any payments made te John S. Johnston, president of tht Electric Steam Sterillizer O., At. torney Charles E. Williamson oi Darien or Donate Pietraorio, ol Bristol, all defendants. Fitzmaurict said that he did not
 MT. Alcorn concluded his ques. tioning of the witness by asking him about the signatures which h, gave Purchasing Agent Martin J Dunn, from which Q plate was made for the city checks. Fitzmaurict said he did not know where tn, photostat was made. He also sait that all checks were kept in tn, controllers office, with the excep ton of a few kept on hand in thu city clerks, off1ce.
 Attorney Crawford took over tn, oss-examination of Fitzmaurice.
 Alcorn Overruled
 Judge Inglis overrulled Alcorn' objections to the use by the defens, counsel of the articles introduced for Identification because they ar public documents"
 MT. Brown, will you hand m those public documents said Craw ford.
 Another objection was raised b. MT. Alcorn to the use of the check which Crawford wished to use a the moment. The judge ruled tha the checks likewise are public, ant available to the defense.
 Fitzmaurice testified that al though the overwhelming majorit. of checks issued in his office woult bear the pin point Identification several might have been made ou with regular type writer during { time when the pin point machin, was out of repair.
 Fitzmaurice said that approxi mately 12,000 checks would be mad, out in his office during the cours, of the year, and that Miss Ell' Fitzpatrick, clerk in his offic handled most of the typing o checks.
 The jury was dismissed for tn, day at this point.
 Monopoly Challenged
 Counsel then asked and obtained permission to examine the statei exhibits, as presented, during hour | T.s.I