The Waterbury Democrat., 1939-08-22


 with $24,O0O. Before distribution was made, Hayes left the place and the regular split was then made one half to Williamson and Macken- zie, the other half made by Leary.
 Acknowledged Guilt
 Now, when this investigation got under way, your honor, Mackenzie was called before the grand jury, and Mackenzie there told upon his first and second appearance sub stantially the story he told upon the witness stand. When Williamson went before the grand jury, he told an untrue story but it was story that had been arranged by the Waterbury end of this conspiracy Sooner or later, Williamson saw the error of his way ana so did Mack enzie. At least they came before this court and they acknowledged their guilt. At least they took the witness stand and they told their story and I think in its substantial parts at least, it was true story.
 Now, with respect to Williamson, he took somewhat of a different at titude. His attitude was one of trial by court. There wasn't any question there couldn't have been any ques- tion-about the mans guilt. What he stated upon the witness stand was sufficient to convince any man that what his plea should have been was that of guilty at the outset of the trial, but he didn't see fit to enter that plea.
 With respect to Levy, Levy said to counsel on cross-eXamination when he was referring to Kelly, he said, we robbed the city"
 Asks Consideration
 I think some consideration should be shown them for taking the posi- tion they did at the trial of this case. Now, have been turning over in my own mind what I ought to recommend to your honor. I have felt from the start that these men should go to States prison. I feel that they should go to States prison now. The term that they each should receive should be not less than one or more than five years in States prison, but if your honor please, if you should see fit to make a distinction among any of the three, I think that Mackenzie and Levy should have the benefit of that.
 (Crary, Shanahan and HorganD.
 Crary and Shanhan were men who received in violation of the law $1 300 a year during six or seven years that this conspiracy was in effect. Crary was in a condition political to be of great service to the ruling of office holders in this city and more so, probably, than Shanahan. take into consideration ill the recommendation I make to your honor, with respect to Crary, not only the extent of his partici- patton, but also take into consider ation his physical condition, and I ask your honor for a substantial jail sentence so far as Crary and Shanahan are concerned, and as your honor sees fit to impose, it will be perfectly satisfactory to the state Now, with respect to Horgan. Hor- gan's position in the city govern ment was that of janitor-boss jan itor. He was only one step higher from the ladder from Brice and Carroll. However, I have no desire to recomment any priScon term for Horgan. He has son who is hop ing some day to become member of the clergy, and I think it is possible that it might interfere with the boys future if imprisonment were inflicted upon Horgan. I have talked with Judge McDonough, counsel for this man, and any dis position your honor will see fit to make with respect to him that doesn't require any confinement in any institution at all would be sat- isfactory to the state and that I would be very glad if your honor would see your way clear in dis charging him.
 No Record
 JUDGE McDONOUGH: I think I ought to ask your honor instead of changing my plea of not guilty to ask for a discharge in view of the states recommendation If your honor feels that you can?
 JUDGE: Yes, l can do that and I think that is what I will do. The