The Waterbury Democrat., 1939-08-09

s$~@N--~-DN@ and imagination3" he demanded. facing the jury.
 Joseph Carroll and Francis Brice, City Hall janitors, who testified they saw Kelly in the boiler room of City Hall tEe day records of the controllers office were cleaned out of the storage room and burned, lied, because they were afraid of Alcorn, McDonough said.
 'rt's a tragedy to see men like Brice and Carroll being forced to lie," cried McDonough, with a whip held over their heads"
 Towering over the jury, McDon- Ough. loudly challenged Alcorn to show from reliable witnesses, or any other witnesses that 99 boxes of city records were destroyed in December, 1887, as was charged. He pictured Alcorn as going around the city and collecting old boxes to pile up in the courtroom"
 Carroll Was Pawn"
 Carroll was a pawn, cried Mo- Donough, "who groveled at the feet of Alcorn," .. afraid that he had done some wrong.
 Timothy Horgan, city hall janitor, who has pleaded nolo contendere to a conspiracy charge, testified from the stand that Brice and Carroll lied about Kelly, McDonough continued. "If ever an honest man testified 1t was Horgan. He was states witt ness, with his neck right on the chopping block and he says Kelly was not in the basement.
 "If he doesn't feel the wrath of the prosecutor for telling the truth he's a fortunate man," roared Mo- Donough.
 Most Terrible Thing
 The defense attorney said that 1t was "the most terrible thing that ever happened in the history of the Connecticut courts"
 "When the ugly, slimy head of the sliny snake perjury raises its ugly head before you in the courtroom there Is only one thing for you to do ---step on 1t and step on 1t good" cried McDonough.
 He added that their opportunity to step on the perjury was in returning verdicts of acquittal.
 Levy was liar throughout his life McDonough argued, referring to Levy's testimony concerning his careers at Yale university, Boston and Trinity colleges.
 Respected Ladies Present
 Attorney Josiah Peck called Levy c rascal, McDonough said, T could call him a lot of other names but I won't there are ladies present"
 He referred to Kelly's service overseas with the A. E. P. during the World War and compared 1t to Levy's testimony that he was in a training corps at Trinity. He pie tared Levy in the uniform of the U. s. army, "cloaked in the sanctity that he shouldn't have"
 "Levy is unworthy of the bar, un- worthy of country he claims to bt . citizen of and a disgrace to ths uniform he claims he wore.
 Kelly Is worthy of all that, cried McDonough, as he was cut of by the objection of Attorney Al corn. Judge Inglis said that Mo. Donough was apparently outside the bounds of the evidence, anc McDonough subsided.
 Sharp Repartee
 "You know better" said Alcorr to McDonough.
 "Yes, and you know too" shot back McDonough. How about that lie of Brice and Carroll?"
 George Horowitz of New Haven who corroborated much of the tes- timony of Levy, was described by McDonough as real estate specu- lator, "a pal and a stooge of tAs rich man. Levy"
 T wonder if Levy didn't buy the corroboration that backed him ano saved his neck in this courtroom of the U. s." he said to the jury
 Only Fair Witnesses
 The only witnesses presented by the state, who gave fair, unbiased testimony, McDonough charged were such men as Finance Commis- sioners Major Judge, John Goss anc Harley Tripp.
 "They are still rendering service. to the City of Waterbury" he said despite the attempts of the gentle. men from Hartford to brow-beat them"
 "In spite of browbeating," he con. tinued," he could not get them tt say otherwise but the highest o praise for Mayor Hayes, Tom Kell! and Dan Leary. They said they wer' men of standing, men of integrity.
 Alcorn Again Objects
 Alcorn rose at that to object, say ing 1t was not in the evidence, that Il had been excluded. McDonough re. piled that 1t had not been excluded and that 1t was proper argument Judc- Inglis stepped in to tell thu jury that he had no recollection O. the testimony, and would leave tn, weight of t:e argument to thei recollections.
 "If I'm wrong, ladies and gentle