The Waterbury Democrat., 1939-02-23

Records and testimony of pay n1ents to John s. Johnston of New York and Frank (Burns) Santalucia of Waterbury were the highlights yesterday of the states presentations ail the Waterbury conspiracy trial. The morning session yesterday was confined to the allegations that the George H. Kingsley company, of New York, received 59,479.13 for account- ing in four years, while the appro- priations was only $10,000.
 Win Point
 Defense counsel whose objections and exceptions are heard following the admission of every scrap of evil denoe in the trial, won victory yesterday when Judge Inglis refused to admit as full exhibits the audit reports for the years 1931-1o37, one of which do35) is said to contain penciled notations of Enoch Borg naes, the missing accountant-de- fendant.
 The reports for 1o3l-32 were made by Miller Franklin company and the remainder by Kingsley company Borgnaes and George II. Kingsley were afiiliated with both companies. Judge 1nglis refused to enter the reports for anything but identifica- ton bcause he stated that Purcell had not identified them as city records.
 Purcell apparently reversed his stand on the 1885 book, for Judge Inglis admitted 1t in evidence at an early hour because. he said, he un- derStood Purcell to state It came from the city records. The book was removed from evidence later, how ever, when Purcell stated he couldn't be sure 1t was city record.
 Si24,080 for Johnston
 Testimony Tuesday and yesterday by Purcell created the impression that Johnston. the New York broker, received $l24,080 from the city. Ac- cording to the grand jury's report concerning Johnston: "The grand jury has reason to believe that throughout the period from 1880 to July, 1887, Johnston devoted slightly over two weeks in the aggregate of actual time in performing these ale legged services. for which he was paid $i9l ,74709 by the city Of Wa teibury 6 substantial portion wal split with certain. city officials who were responsible for his em- ployment in these matters"
 Purcell said he had only met Johnston once. At that time Leary insroduced him as Jack Johnston of New York" The incident took place at an east end polling place in 1885 or i036.
 At the conclusion Of the presen- tation of the evidence concerning Johnston, Attorney Patrick Healey moved that it be stricken out. He gave as his grounds the claim that the evidence as presented was ma terially different from the charges in the information.
 The information, he said, charges that all of the checks issued to Johnston by the city were cashed in "the banking rooms of the Water- buy Trust company by Carl D. ol- sen."
 Cashed in New York
 Healey claimed that exhibits and testimony show that each and every check was not exchanged for cash at the Waterbury Trust company but was deposited in JohnSton's bank ct New York, in regular course"
 Judge 1ngiis denied the motion.
 Attorney John II. Cassidy joined In the motion as counsel for Olsen, but he too was oyerruled. Cassidy also claimed that no prima facie case of conspiracy had been established and therefore the evidence was not admissible.
 Alcorn then went into what he called "a new phase"--in reality he presented evidence concerning Frank (Burns) santalucia.
 PICK UP TAKE TWO
 Divided into 6 group Of i8 and q group of CA, . total of 27 checks is- sued by the city to Burns-all dated December 10. 1e37-for total value Of $i2000 were placed in evidence yesterday.
 Reads Certificate
 Before placing the cheeks oil dis- play to the jury, however, Alcorn read the certificate which is on the back of the warrants payable regis- ter, and which is signed by the con- troller and board Of finance. It is as follows:
 "T certify that the claims submit ted herewith for payments are supported by vouchers audited by - l @g.~u