The Waterbury Democrat., 1939-04-20

roll, to the effect that the city rec ords were burned December 18, 1897 in the presence of former Purchas- ing Agent Martin J. Dunn. He did not place Thomas P. Kelly at the scene, yesterday, however.
 Opening his cross examination, McDonough brought from the states witness that the basement of the city hall is generally pretty crowded, with patrons of the welfare depart ment and the building inspectors office.
 The cart used to haul the boxes, the witness said, is n-wheeled, and the floor is stone, thus racket was created in the moving of the boxes from the storage room to the elevator for shipment to the boiler room.
 The witness testified that the pa- pers were strewn on the floor near the furnace nearest the door. Boiler man James ODonnell was present Brice disclaimed knowledge as to what the papers were.
 Throughout the early hours of the morning session, Attorney McDon- ough, while reading the transcript of Brice's grand jury testimony, the defense lawyer tried to bring from Brice admissions that Special Pros- ecutor Alcorn and the grand jurors attempted "to stretch" his answers.
 Numbers Vary
 He pointed out that although Brice in telling how many loads were required to remove the boxes, had said, T don't know how many loads," then guessed maybe three, or four, or perhaps five-the states at torney, in subsequent questions, re- ferred "siX osvneelao-F1 1esdHRDL ferred to :"six or seven loads."
 Also, along the same channel, Mo- Donough pointed out that although Brice said he and Samuel Kemp and Carroll had placed only about four boxes on the wagon at one time, a grand juror asked about "six on a truck" in later question.
 Brice told the grand jury, the minutes disclosed, that he had not spoken to anyone about the missing records. He denied that anyone in the controllers office, the mayors office, or any lawyer had asked him about the records.
 The boxes were heavy, he told the grand jury, and Horgan pointed out which were to be removed.
 Brice denied that there were as many as 28 boxes taken out, when he testified before the grand jury. We weren't working fast" he told the grand jury, when they asked him about the time required to re- move the records. He pointed out that the elevator they used was very slow.
 Although he had a master key to all offices, the witness told the grand jury, he never attempted to enter the controllers storage room. He noticed the paddock on it, but he never inquired as to its purpose.
 People Shocked
 He vigorously denied to the grand jury, the records showed, that he had at any time talked with Dunn about the records. Under question: ing by MT. Alcorn, the records showed that Brice had admitted reading about the disappearance of the records, and agreed with Alcorn that "the people of Waterbury were shocked to find their records gone."
 You had a part in the destruc- tion of the records" Alcorn told Brice before the grand jury, "You did not actually destroy them, but you followed orders"
 Referring to that statement, Me- Donough asked, Didn't you think that MT. Alcorn was trying to put the pressure on with that question:"
 The witness did not think so.
 "He just asked me question and I answered it," he volunteered.
 "How long have you known MT. Alcorn?" McDonough inquired.
 T had never seen him before," was the admission.
 That's why you didn't know the pressure was being put on," asserted the oss-examining attorney.
 It developed from the grand jury testimony that the grand jury re- quired Brice to give a demonstra- tion of how the boxes were piled on the wagon for carriage to the boiler room.
 Plenty of Noise
 Brice said that when he pushed the truck it made a noise-woop- woop." At mention of this, the large gallery of spectators laughed loud- ly.
 Tt was certainly done in secret" commented Attorney McDonough.
 At that point, one of the defense counsel sneezed loudly. That's the truck" said Attorney John H. Cas- sidy softly.
 During the redirect examination of Alcorn, which followed the cross- examination of the defense counsel, further testimony concerning the instructions" the janitors received from Morgan was given.
 Over the objections of defense counsel, Alcorn was allowed to ques- tion the witness concerning the meeting at which he says Horgan told him, Kemp and Carroll to lie concerning the destruction of the records.
 What were you told2" demandad Alcorn.
 we were told to say that only 12 or IS boxes were taken down-and that there was no one else present" stated the witness.
 Were there others present." asked Alcorn.
 "Yes, Dunn and Kelly" continued Brice.
 Defense counsel were on their feet protesting that Brice had not men, toned Kelly in his testimony yes- terday.
 You didn't tell this jur.- that Dunn and Kelly at the scene of the ing your testimony yesterday" shouted Attorney McDonough.
 T did" responded Brice.
 He reiterated that in his testi- mony yesterday he had placed both Dun hand Kelly at the scene of the burning.
 Do you remember talking to some