The Waterbury Democrat., 1939-02-28

 his office was located.
 Preliminary to what was antici- pated from last Friday, when AL corn stated that he was ready to leave the Frank J. (Burns) santa lucia dealings with the city and concentrate on Coppeto and the Abrigador Digger, Purcell said that he knew of payments to Phil Cop peto and the Ahrigador Digger.
 During those years did you have occasion to make memoranda of checks drawn to the order of Cop peto and the Abdigador Diggerp" asked Alcorn. Purcell smiled as he replied in the affirmative.
 Tabulated Checks
 In answer to further questioning he replied that he had at one time run of adding machine tapes con- corning amounts paid to the com pany and Coppeto by the city. He added that the tape sheets were based on figures taken from the warrants payable sheets for 1881.
 Alcorn dramatically reached across the table, at that moment and received from his accountant. Warren M. Brown, long white en- velope, which he fiourished as he advanced to the witness stand. Pur- cell meanwhile testified that the warrants payable sheets from which the figures had been taken were missing.
 Opening the envelope, Alcorn asked Purcell to identify them.
 "Theyre tapes of payments either to the Abrigador Diggers or Cop peto during the year l931," was the reply. He said that he had no recollection of the payments with out reference to the sheets. The sheets consisted of thre regulation adding machine tapes, pinned to- gether with a clip.
 Attorney CaSsel took up the ques- tioning of Purcell and demanded to know from the nonchalant witness whether the writing on the back of the first tape was his. Purcell said that it was and said it consist ed of ''Coppeto l9Sl".
 The memoranda, he said, was made in 1882, between January and June and dropped into a file. I didn't know had it." he said, until the state asked for it."
 He answered in the affirmative when Cassel asked if he had kept 1t there for the past seven years.
 Remark Eliminated
 Be honest, Mir. Purcell" started Cassel in sarcastic tone-only to be cut off by the objection of AL corn and the insistence that the re- mark be stricken from the record. Judge Inglis ordered the prelude to be stricken.
 You can't say under oath. can you, that the second and third pa- pers have any connection with the flrst?" asked Cassel, referring to the fact that only the first paper con- tained any written notation. and that the backs of the other two are blank.
 II can," replied the witness. He testified that he could connect the three sheets by the dates contained.
 Attorney Cassel, addressing his remarks to Judge Inglis, objected to the admission of the three sheets claiming that they were simply to refresh the memory of the witness. He also pointed out that they were private records and not public.
 Judge Inglis overruled the ohjec- tion and indicated that he would admit the papers, but Attorney Jos iah Peck brought up a new objec- tion when he forced from Purcell an admission that he did not know whether the 1881 warrants payable register in evidence contained any notations of the payments. which were marked in the Purcell adding machine notes.
 Peck said that he had not exam ined the 1881 book in evidence, and that it was possible that some of the payments might be contained in the book, He pointed out that secondary evidence should not be admitted when the first hand information was at hand.
 Duty of Stat-
 Purcell admitted that the 1881 book. albeit some pages missing, was in evidence.
 Alcorn, with biting sarcasm, stat ed that the 1881 book had been in evidence long enough for defense counsel to examine it if they thought there woud be duplication.
 That's the duty of the state the duty of the states attorney" shot back Attorney Thomas F. Mo Donough.
 Without further adieu, Alcorn re- Quested County Detective Hickey to bring him the book containing the warrants payable sheets for 1881. marked Exhibit 60." He presented 1t to Purcell for examination to de- termine whether any of the pay ments listed on the Purcell adding machine notes were contained in the sheets in the book.
 Recess was called to allow the com parison of warrants payable sheets with the adding machine tapes.
 At the conclusion of the brief re- cess. however. during which the states attorney started to make a comparison of the warrants payable sheets with the Purcell adding ma chine notes, he reported to the court that too much time would be taken to make an accurate comparison.
 Request Withdrawn
 He withdrew his request that they be entered as ful exhibits, and in- stead had them marked for iden- tification. He stated. however, that he would examine the sheets later, and be ready to proceed with the question of the Coppeto payments