The Waterbury Democrat., 1939-08-22

Arguments extended to the court yesterday by Special Prosecutor Hugh M. Acorn, in which he recom- mended sentences ranging to 10-15 years for alleged leaders of the Waterbury conspiracy, were as fol- lows:
 If your honor please, the case has been so fairly tried and the evidence must be SO fresh in your honor's mind that perhaps it isn't necessary for me to make an extended state ment in support of the recommends tions which choose to make in regard to the men now standing before you.
 The story of this case, if your honor please, and all the evidence that has been introduced hasn't yet been fully told. don't know whether that story will ever be fully told or not-I still am doubtful-but there are a great many facts which are proper to be suggested to your honor when these men are present. ed for sentence which will be help full. think, to the court in the dis position of their cases.
 Your honor will recall that the State contended from the outset that the four men before you were the originators of this conspiracy and were with it throughout all the years and were, of course, even after the date laid in the information, active in their efforts to see that none of their operations should ever see the light of day. It was the duty of the State if your honor please, if these men had taken the witness stand, to cross examine them with respect to matters which would have been material in the course of cross-eXamina ton about which there was serious queston that the evil dence would be admissible upon di- rect examination in the presenta- tion of the States case. And refer now in one instance, refer now to the financial operations, so far as ! care to disclose them at the pres ent time, of the accused Hayes.
 Bank Account
 In 1881 he had bank account in the Merchants bank which sub- sequently failed. During that year, Hayes total deposits in his own name were $106, 1861 90. Of this total deposits he deposited in currency the sum of $37,51775. Including the year 1881 and down through the year 1882, '33, '34, '35, '36 and '37 in his personal account in the Water bury Trust company total deposit for those seven years, amounted to the staggering figure of $967 607.57. And of that sum he deposited in currency the sum of $207 ,281 .25.
 Now, I am referring to his per- sonal account. He had another &C., count in which the State isn't inter- ested at the presen time. That was a real estate account of certain members of his family and was car- ried in the name of Frank Hayes Attorney. That account was carried in the Citizens Bank and the in formation which we have, if it may please the court, is that all the in come with respect to the real esate holdings of the family went into the account of the Citizens Bauk winch was carried in the name of Frank Hayes, AIIoTHey.
 Now, If your honor please, there are more things that could be said. For instance, find upon examlna- ton that during four years-for deposit made in 1884 totaling $4,5QO deposited, and the checks were en- dorsed by Wm. J. Roach, who is chief of police, endorsed by James P. Healey, treasurer, and deposited by the Waterbury Brewing company in which Leary himself was inter- ested.
 Source Unknown
 Now, with respect to Leary. From 1882 to February 1888 there were a total of fifty treasurers checks issued by the Waterbury Trust company to the order of Daniel J. Leary in to total amount of $349,307 66, and for the greater portion of those sums or all of that sum, the source of payment cannot be determined. A great many of the accused has safe deposit boxes. I know as fact that there were stock operatoins be- tween Hayes and Leary. We know as a fact of the large number of companies, some of them outside the state, some of them located in the state of Texas in which Leary was interested. We know of the fi- nancial transaction that occurred between Hayes and Leary in regard to those corporations and we know of the stock operations between Hayes and Leary.
 Now, with respect to the sentences that I am going to recommend and which I sincerely hope your honor will adopt, take into account the fact that each one of the men stand ing before you, held positions of public trust.
 Confidence
 Hayes was an elected official charged with the faithful perform ance of his public duty. He had re- ceiyed from the citizens of Connecti- cut and also from the citizens of Waterbury that confidence which the neople are supposed to have in men who are selected to fill high public office. Hayes was an elected official: Teary was an elected official; Olsen was an appointed official of a bank in public trust and Kelly was pri- vate secretary to the mayor, draw ing a salary from the city of Water bury.
 rlease. resulted from years of care- ful planning and execution. And when it was seen that discovery was