The Waterbury Democrat., 1939-08-04
about 12:45, and the afternoon ses- sion was scheduled to open at 1:45.
 Cassidy to Argue

about 12:45, and the afternoon ses- sion was scheduled to open at 1:45.
 Cassidy to Argue
 Attorney John H. Cassidy, counsel Tor i've defendants, will make his arguments to the jury this afternoon. He said he would require no more than about two hours. Attorney Patrick Healey, representing five other clients, will follow Attorney Cassidy, but 1t was deemed improb- able that he would start this after noon.
 Twenty-seven hours remain to be used in argument by defense coun- sel. Out of possible 38 hours, Att torney George w. Crawford used nine, concluding late yesterday, and Attorneys Peck and Warehouse used one each. The state still has more than 30 hours available.
 Brown Attacked
 Attacking the states accountant, Warren M. Brown, Attorney Peck said that 1t was fantastic" and that mo sane human being who knows about figures would ever imagine that the city of Waterbury had ever been cheated out of such prodigious sum as thirty-four hundred thou sand dollars"
 Warehouse told the jury that if the conspiracy started when Leary failed to put $3,500 obtained from 8 contractor who had been paid in duplicate, into the treasury, it was because of James P. Purcell's error in making the duplicate payment. If that was the start of the con- spiracy, MT. Purcell started 1t be- cause he made the mistake" said Warehouse.
 "Be Brief"
 Warehouse, youthful appearing associate counsel for Daniel J. Leary, identified himself to the jury be- fore commencing his argument.
 Many quotations have been heard In the case since the arguments stssted four days ago, he said, but one which he thought was very per- tinent, was to be found in the clerks office, just a few feet from where the jury sat.
 The quotation was, "Be brief. We have our living to make and 1t takes most of our time to do it." He added that he would strive to follow that quotation in example.
 Opening with an attack on former city accountant, James P. Purcell, Waterhouse, who is associated with AttMney Josiah H. Peck, said that in 1881, when the duplicate checks for S3,500 were paid to Waterbury lawyer, 1t was on the mistake of Purcell himself.
 Purcell saw fit to criticize Leary for not putting the money back into the treasury immediately, he con- ttnued, and for failing to do exactly as he wanted him to do. He then quoted Purcell's statements that Leary had told him that he wasn't politician and wouldn't under stand, and that someone had put them there and they had to be taken care of.
 $3,500 Restored
 The money was immediately recov- cred, and placed into a special &C., count, and as soon as the mud dled books were strengthened out, he said, the $3,500 was put back into the treasury.
 It is an example of the ingenuity of the prosecution and Purcell and it is a rather harsh ingenuity" he said. ITO accuse these people of dishon- esty and a desire to defraud some one"
 If that was the start of the con- spiracy," he added, "It was MT. Pur- cell who started 1t because he made the mistake"
 Waterman's voice was very low and indistinct to all but the jury. He faced the jury, in order that they might get the full text of his argu- ment.
 Next in the line of Waterhouse's s attack was Edward G. Levy of New Haven, who has testified in the trial that he kicked back more than $l00,000 to Alderman Thomas P. Kelly, under a contract for the survey of local utilities rates.
 Pointing out first that Levy ad- mitted on the stand that he had not filed income tax returns from 1930- 1887, Waterhouse said, And he was introduced to income tax investi- gators at the grand jury room"
 Rubber Hose
 "I liken that introduction to the internal revei ':c men to the old fashioned method of using rubber hose" he said.
 Levy, he continued, had not told the story the states attorney want ed, and ha:s not made the confess sion that was Gcsired. "He (Alcorn) couldn't use the rubber hose, so he used the internal revenue men," Tn order to get out of the rub- Der hose, ',., Gevy) had to tell the state that he rid not receive all the money" said Warehouse. Levy did this, Warehouse continued, "in or- der to save himself from the unmer- ciful beating of the rubber hose" Attention of the jury was called to . Connecticut law which makes confessions obtained by duress of force inadmissible as evidence in 8 trial. But the rubber hose was hung over nm, crleu Wateriiouse' And that's worse"
 Levy, the young attorney said, made a deal, and he hopes to get off lightly-much more lightly than he could for making fraudulent in- come tax returns"
 "While he was on the stand the rubber hose was still over him-it was ready to swing if he didn't tell the story he told"
 The only part Leary had in the deal, according to the testimony of lew. Waterhouse added, was the aso-called cellar incident" "He wasn't satisfied in his lies to say that the conversation took place in a nriyate ofice-he had to make 1t dramatic" said the attorney.
 NeW phase