The Waterbury Democrat., 1939-02-24
witness, who was telephoning.

witness, who was telephoning.
 Fox, when he returned to court, identified each ledger, and read to the court and jury the pages of the sheets containing references to the Johnston account. He said that each such page contained the marking John S. Johnston" and his address.
 Meanwhile, members of the de- fense staff were still examining the transcript, which was found to be erroneous, and which Judge 1nglis refused to admit in evidence.
 Alcorn suddenly turned and said in 6 sharp voice, "Gentlemen, I guess I'll have to ask you for those sheets-if you don't mind.'
 Attorney Healey walked slowly over and tossed the sheets on AL corn'S table.
 Sheets Admitted
 The squabble over the admission of the Johnston letter to the Colo nial Trust company arose when AL corn asked the witness to produce it, and offered 1t for Identification only, It was also ct this time that the 32 deposit sheets containing the sigma lures of Johnston were admitted.
 Attorney Healey ct this point pro- tested to the judge that Alcorn had failed to Identify the John s. John ston accounts in evidence as John 6. Johnston. the defendant.
 With c dramatic display, Aleorn offered Johnston as 6 full exhibit, to Identify him as the defendant. He said he had anticipated that move by the defendants.
 Attorney Healey objected that the witness (Fox) was not qualified as e handwriting expert and could not identify the signature on the letter as that of Johnston. Attorney Peck objected on the ground that the let. ter contained e February, i030 date, while the alleged conspiracy, ac. cording to the information, lasted only until 1888.
 Alcorn said that the letter Itself was sufficient evidence, but Judge 1nglis pointed out that the sigma ture had not been positively identi. fled.
 Dramatics
 Alcorn, turned to Attorney Healey, pointed his finger and said, i1 c loud voice DO you deny that the John S. Johnston whose books are shown is the John s. John"
 He was cut off by protest of Healey, who said, That's utterly unfair.-he's here to prove his case -and to ask me that question Is ut- terly unfair"
 Judge 1nglis sustained the objec- tions against the admission Of the letter.
 Aleorn called Warren M. Brown, his accountant, in 6 continued of. fort to gain admission Of the letter to evidence. Brown said he had been acquainted with Johnston for sev- eral years, and that he had met him on several occasions aside from the trial.
 He told of meetnig Johnston at a session of General Sessions court New York, last Monday. Attorney Cassidy objected to tho admission of this evidence, but Alcorn said it was only for the purpose of identifying the defendant Johnston with the records of the bank.
 Judge tnglis cautioned tho jury that they should regard tho Brown testimony only with respect to Johnston, and not in any eonnec- tion with the other defendants Advice withdrawn
 After lengthy arguments by At- torney George Crawford against such procedure, Judge fnglis with drew that advice to the jury.
 Brown continued, testifying about tho New York court procedure. He said that Johnston was present and represented by counsel, and that he had fought against tho issuance Of tho court order for tho transpofta- ton of tho banks books
 'T do know his signature" he TO. piled when asked If he would reeog- nize Johnston's writing.
 He identified the signature on tho letter Go the bank as that of the de- IOtluuilV uVthiStoHt Nhoae VejNSVost" arose to the validity Of that identi- fication, and Judge fnglis called at- tention of Alcorn that he was in possession of e bank signature card brought from the Colonial Trust company by Fox.
 Alcorn then brought out tho de. posit slips containing the sigma ture of Johnston.
 Further reference to the testimony of Brown concerning the New York court action arose, and Judge fnglis indicated that he would strike out that testimony If defense counsel SO moved.
 Harm Donei
 '"The harm has been done--you can't wipe out that eFTor," said Atty John II. Cassidy.
 s'Lot's not assume that It's on error, Mir. Cassidy" said judgo fnglis, quietly.
 Atty. Cassidy said that he did pht care to ask to have tho Brown tos- timony SO out. Atty. Benjamin Hlado did ask for tho removal Of the Brown testimony about the court