The Waterbury Democrat., 1939-08-09
Most Scathing Attack Of Defense Attorneys
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 1, men," said McDonough. you can disregard it."
 Continuing about thc finance com- missioners, McDonough said that they called Kelly, Tom" because they have an endearment and aff- lection for him, which they would not have for a scoundrel. They said he was man of standing. man of family and man of integrity"
 Demands Levy Persecution
 McDonough demanded that Alcorn prosecute Levy for prejury, due to his testimony in the trial, But he won't do it," McDonough told the jury He said that prejury was rais- ed in the trial under the guise of fair and impartial prosecution"
 He recalled the testimony of Brice, whose voice could not be heard above whisper, during the states case. "Brice," he said, "a man who works in 8 boiler room and has to talk loud to be heard. Brice gave false testimony and was afraid of his life he would get caught. How could he keep his voice up when he was lying.
 Morgan Said They Lied
 Horgan, McDonough said, (dem- onstrating) walked straight up to the witness stand and said Carroll and Brice lied. Morgan said that when Carroll was on the stand, Brice leaned over and said, Hes lying, but I'll have to go on the stand and back him up." Referring to Levy, Harry Macken- zie and Williamson, McDonough said that the three had the sav- ing grace that they wanted to save their own hides from the federal government. There's a conspiracy here all right, but not by the men on trial"
 Concerning Purcell, he said: How would you like to have him in your home or business and know that he was conspiring to ruin the very peo- pie who helped him."
 Fantastic Figures Continuing his argument which opened late yesterday afternoon, Att torney Sidney s. Cassel today con- tended that the state relied on the fantastic figures of Warren M. Brown" for the unjust conviction Of Philip Coppeto.
 Again the courtroom was crowded today as spectators, eager to hear the closing arguments of the de- fense lawyers, arrived in droves with women in the majority. To- days session of the trial was the 103d, and one of the final in the nine months old trial Involving 20 men on charges of conspiracy to de- fraud the city of more than a mil- lion dollars.
 Cassel said that he expected AL corn, ST., would refer to the assessors records of the city and claim that the equipmbent of Coppeto was not enough to justify payments made by the city to the Abrigador Digger.
 The answer is, Cassel cried, that a man is not guilty of the heinous crime of conspiracy just because he fails to assess taxable property. Tt {. Is a common failing of man in gen. } eral," he cried, "to try to get away with taxes-city and federal" Cassidy contended that suspicion could never take the place of evi- dence in a criminal case. | He challenged the jury that the state had not been fair with them when 1t claimed that the defendants made a mad rush in December, 1937 to be paid before Controller Daniel J. Leary was succeeded in office by the late Sherwood L. Rowland.
 He said that checks paid by the city to Coppeto had not been cash- ed until 2 much later date.
 Where is that act inconsistent with innocence and consistent with guilt2" he demanded. Tt doesn't exist"
 Cassel said that 1t was painful task" to him to attack the charac- ter of the states witnesses. We're all men," he said, land we all make mistakes" It is foreign to my na- ture to attack another man h such way. "It is my duty, however" he continued.
 Taking the character of former City Accountant James P. Purcell first. Cassel commented on the com- ments made by the state that Pur- cell is the honest man who cant be bought. the city owes hlm : a debt. he's the symbol of hon. esty. Why the state even asks you to believe that he tried to help the defense"
 Referring to Purcell's testimony that he knew of irregularities ir the city administration, Cassel charged, "if there was conspiracy wasn't he ( e logical man to know 1t, who would better know?" What was tris man doing, If there was vice and corruption rampant ir this city as he has testified?" Cas- sel asked. Leaning close to the jury, Cassel asked the jury why Purcell had no, complained to the authorities con corning the irregularities. "Woult
 the state officials, judges, or prose cutors stood silent if he had com plained. He kept mum through thu
 years and yet he wants you to be-
 lieve his testimony"
 Greatest Rascal
 "Either he was honest or else h
 was thoroughly dishonest. He i
 the greatest rascal that ever livet if he holds himself as paragon O
 virtue and yet says he knew thes,
 things were going on eight year and did nothing about it." IN Officials of the city should b III given credit for some common sense HI Cassel said. "If they planned
 conspiracy and man kept com U blaming to them of irregularities a