The Waterbury Democrat., 1939-03-02
Mayor Spellacy Named In Fraud Case Today
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cried, q submit that the states at- torney is once again testifying."
 Do you want this court and jury to understand that you have looked personally for each and every one of these checks about which you are testifying yes or no?" or- dered Attorney Healey.
 T can't answer yes or mo-" replied the witness.
 Alcorn pointed out that the Spell acy payment of $1 800 was not ap- proved by the Board of Finance, that it was dated April 25, 1883, and that it was for service rendered in connection with million dollar bond sale" The payment was charged to the bond fund.
 Attorney Murray, counsel for Mayor Hayes, took up the question ing of Purcell, asking Do you know if Spellacy did render these serv- ices?"
 The answer was negative.
 Doesn't Know
 "You don't want this jury to un- derstand that MT. Spellacy did not render these services?" Again the answer was "No."
 You know nothing about it do you?" said Murray.
 Mo- was the answer.
 Handing Purcell an exhibit, identified as working sheets kept by the witness for January and February, 1885, Alcorn drew from him that there was an item showing a payment of $11,0oO to Spellacy, Ryan and Yeomans as of that month. He said that he could not tell to what account it was charged.
 No other records are available" !" said Purcell in regard to Spellacy and the city.
 Attorney Healey took objection to the remark, but Alcorn started to make reference to the 99 empty filing boxes stored in the courtroom as evidence of missing records. T don't think that was necessary" said Judge Inglis to Alcorn, when de- fenSe counsel objected to Alcorn's trend of procedure,
 In connection with Mayor Spellacy of Hartford, the grand jury said, with especial reference to the pay ment of $11,000.
 For many years close personal friend of Mayor Hayes and of Con- troller Leary and a heavy stock holder in the Electric Steam Steril- izing company, a private enterprise of Leary's, has been Thomas J. Spellacy, mayor of the city of Hart ford. In 1886 the law firm of Spell lacy, Ryan and Yoemans received $1 ,000 from the city of Waterbury, in part for MT. Spellacy's services in holding the Democratic members of the General Assembly together in legislative matters. His employment by the mayor and the controller was a violation by them of the city charter. The grand jury has dis covered no legitimate reason nor legal justification for the expendi- ture of this large sum of the city's money for this purpose. The services were not of such a nature as to have required payment of any money by the city to any persons
 Brief Reference
 Alcorn's references to the Hart ford chief executive were brief, and followed by evidence concerning Att torney Herman J. Weisman of this city, former president of the Wa terbury Bar association and former official of the Eastern Baseball League.
 Purcell identified a check tor $5,- 900 issued January 5, 1892 for "serv- ices rendered" by Weisman.
 During the identification of the check, as not approved by the board of finance, Attorney Benjamin Slade took occasion to deride what he said were the deductions of the witness He claimed that Purcell admitted never having been to a meeting of the board of finance, and protested against this inference"
 Its for the jury to determine" he said, with reference to the legality Of the checks. Its not for this witt ness to pose as an expert and take the place of the jury" His objec- tionS were overruled.
 Another payment, dated May 5, 1882, to Weisman, was for $1,5OO, charged to the general fund, and noted, first payment for irdexing city charter. Balance to be paid later"
 Over the objections of counsel that he was repeating, Alcorn was allowed to point out 10 the jury a previous exhibit, showing a payment of $6,500 to former Mayor Gulifoile for making an index of the charter to 1857, inclusive. The payment was dated December 20, 1887.
 Attorney Healey called time out to point out that the Weismau check was dated 1882 and the Guil- foile check, 1887.
 The name of former Fire Chief Henry Heitman, who died a few years ago, was brought into the days proceedings by error on Pur- cells part, in reading from hls work sheets of July, 1884.
 After he had identified another check to Waisman for November s. 1882, showing payment of $3,5OO, he was called upon to identify the sheets, which were already in evil dence.
 He read payments of $3,OO0 te Weisman in July, 1884. He proceeded to read from October, 1884, showing payments of $l,o00, 5000 and $2,- Admits Error
 As he started on further testi- mony he halted abruptly and said: T think I'm in error on one item.
 Well, what is it?" asked Alcorn
 "$l 1000 was to Heitman," continued the witness. Under further nlles.