The Waterbury Democrat., 1939-08-09
Witnesses Have Price" For Testimony

WoulQ you keep nimT
 Cassel directly challenged Alcorn to answer that question in his clos- ing argument 'let him answer that question as he upholds James P. Purcell" he cried.
 actions" Cassel said. Show me a man who would do a thing like that {. and that man is unworthy of belief.'
 Next in the line of scathing at- tack by the diminutive attorney for Phil Coppeto was Warren M. Brown the states accountant, who testi- fled against the defendants for IA days.
 Cassel recalled Browns final ad- mission of making erasures on his time sheets, after having previously steadfastly denied 1t. And he couldn't explain why" said Cassel, who also took pains to recall to the jury that Brown said he didn't have time to send a bill to the state.
 T always have time to send bill and especially when such a good paying client as the state S concerned"
 Wants Conviction
 Brown can't make up his mind as to how much the state owes him for the valuable services he claims to have rendered, Cassidy continued.
 T wonder if the bill of Warren M. Brown depends on a conviction?" he said quietly, then allowing his voice to grow more harsh, cried, He said he wanted a conviction"
 Brown, he said, has little experi- ence in municipal accounting, is anxious to service the state, because the state is a good client.
 Imagine if he worked for the city of Waterbury for eight years, what his bill would be, at the rate he's going now" said Cassel to the jury of ten men and four women.
 Measure the evidence of Brown and Purcell by their interest in the case and by their past conduct and I tell you that their evidence t unworthy of belief" Cassel cried nearing the conclusion of his we'll prepared argument.
 The stocky attorney said that he didn't believe the state would con- tend that Coppeto never rendered any services to city and that no witness had said that the bills rendered were unreasonable.
 "Was there kickback2, is the important question:" he told the jury.
 Where Is the Evidence?
 "Where in the evidence is there a word to the effect that there wal a kickback2" he demanded "If you want to convict man on the imag- ination of Brown, or speculate, etc.. it is one thing, but in the court oi law only evidence counts. Where is the evidence?" he wanted to know
 After searching through 15,000 pages of evidence, Cassel said pounding 8 small volume on the table in front of the jury, he found no such evidence against Coppeto Let the state show where anyone sail Phil Coppeto kicked back one cent to an official of the City oi Waterbury. There is no evidence what are you going to convict a mar on. speculation and imagina. tion?" he cried.
 Calculations made by Cassel from the testimony of Brown, he said show that $465 ,393.92 of the $s000 00t charged as having been paid to Cop. peto by the city, was based on suspicion and generality.
 He said that Brown identified $159,734 paid to Coppeto by the similarity of amounts, $58,303 by adding machine tapes, $2l9,356 by cash reconciliations and $28,000 by treasurers' checks.
 A conspiracy trial is unlike other trials, the attorney said, in that in that type of 8 case, one accused is liable for the crimes of all other conspirators.
 "If you let public feeling and at- mosphere, engendered by the press and radio, take the place of evidence, you are not doing your duty to the State of Connecticut and the pris- oners at the bar, who have en- entrusted to you something more precious than life itself 6 good name and reputation" Cassell told the jury.
 Greater Name!
 Cassel concluded his argument at 10:35 a. m., asking the fury i1 they were going to satisfy the whims of an ambitious prosecutor and make his name greater"
 Attorney Thomas P. McDonougt of New Britain, counsel for Thoma, P. Kelly, alderman and executive secretary to Mayor Frank Hayes opened his argument at that mo ment.
 McDonough told Judge Inglis tha 1t was the right of defense counse to mention in their arguments tn, length of prison term which nigh result from convictions of the ac' cused.
 Prison Term
 He said that in the testimony o | GuWhIu VI. hcVy, tuC inttci Aidu tSo tified as the length of prison tern possible. and therefore the attorney had the right to mention 1t il their arguments.
 Judge Inglis. during the argu ments of defense counsel has eau toned them to refrain from men tioning the possible length C penalty, although they were give the right to say that prison penal ties would result.
 McDonough said that it was matter of discretion with the judg on ths t point. but that "as a matte of fact we have @ right to 1t unde the evidence"
 Judge Inglis ruled that the coun sel could refer to the possibility ( a prison sentence, but ordered tha they refrain from mentioning tn possible number of years. Fiftee years is the maximum sentence fo conviction of conspiracy. A. A AH-