The Waterbury Democrat., 1939-05-03

bury Trust Company are gone, then we have got to trace through, as it has been done by the accountant in this method in order to determine what has become, if possible, of these various checks and the amounts of the checks. We will show the cash ing of individual checks. The pur- pose naturally is to have all records available for the use of the states accountant, under authority of our supreme court, from which he will testify.
 Slade: I think when the oiginal offer was made, my friends offered about 1886 papers upon the same theory as the gentleman is advanc- ing now that because of the fifteen hundred or whatever the number there were some items pertinent Now upon the courts suggestion he was requir l to segregate the pa- pers becau-e all the papers were not admissible. Now, among papers seg- regated, there are only portions of the papers admissible.
 Alcorn: We are laying the founda- tion for the production of records first, and then by the use of that evidence, of course, we will then tes- tify as to it's relevancy.
 Brown As Judge
 Slade: Now, we have the cat out of the bag. We are going to have MT. Brown to be the judge to de- termine what right these papers have here. Insofar as the subject matter of his testimony MT. Brown has no authority under any de- cision to take the place of the court and the jury to decide what items on those papers are revelant.
 Judge: I am going to overrule the objection.
 MT. Alcorn then offered exchange proofs for the years 1886 and 1887 and these were marked as exhibits.
 The first witness called to the stand this morning was Carl Heeb- ner. The testimony was as follows:
 o. What is your occupation?
 A. Assistant cashier in the Citi- zen's and Manufacturers National bank.
 Q. How long has that been your occupation?
 A. Since 1917.
 Q. Whether or not the city of Waterbury is a depositor in that bank?
 A. Yes.
 @. And has been for how long?
 A. They had their active commer- cial account in the bank since 1881.
 o. Since 1881 they had an active commercial account in your bank?
 A. Yes.
 Active Account
 0. What do you mean by an &C., tive commercial account?
 A. It is an account in which the city of Waterbury clears its items and on which they draw checks.
 o. want to show you 15 sheets. Can you tell me whether or not they are part of the records of the Citizens & Manufacturers National bank?
 A. Yes.
 o. What general were they?
 A. These are listings of the indi- vidual items coming to us from var ious correspondent banks as a To- cal clearing house.
 Alcorn: I want to affer these sheets for the purpose of identify ing physical payments of the city checks from funds of the city, this being necessary, of course, due O the fact that the cancelled checks themselves are missing; and to show also that the checks going through the Waterbury Trust company were city of Waterbury checks and were part of the city of Waterbury funds. Atty. Crawford objected to the offer.
 Alcorn: There is no better way that I know of to show this, and these are daily entries, your honor please, showing that they went from the city of Waterbury and then over to the Citizens bank which is prac- tically the only evidence there that these checks came from the Water bury Trust company and were paid out of the city of Waterbury funds.
 Crawford: What checks came from the city of Waterbury funds?