The Waterbury Democrat., 1939-06-20

am urging UllQ6r t1e CIrCumSIduceS of the sheets on evidence that if the states attorney relied on the fact that they appeared on the warrants payable sheets that Mayor Hayes had signed, then, that was no notice whatever to Mayor Hayes that he knew they were signed.
 Now, if your honor please, for weeks and weeks and weeks when Purcell was on the stand, we heard here of pin-point machine checks with the inference left-although it was proven to the contrary-that if a check that was paid did not bear the pin point label, therefore, there was something illegal about the check. Now, if your honor please, how could Mayor Hayes by the widest stretch of the imagination know all the checks that were paid through the city of Waterbury? And it was pleaded here by the states attorney that because Mayor Hayes signature was Autographed on the checks that, therefore, there must have been something illegal about the transaction. And you find con- stantly the contention by the states that because Mayor Hayes litho- graphed signature appeared on cer- tain checks that therefore Mayor Hayes had knowledge of issuance of those checks and he is responsible for them. And all through these separate and independent, unrelated and unconnected conspiracies you find that that is the contention of the state.
 Preceded Leary
 The evidence in this case (your honor remembers when Purcell tes- tified- I won't mention all the points because if I did, we would probably be here until Christmas) shows that the Griffenhagen ac- counting outfit was brought to the City of Waterbury to set up an ac- counting system in the controllers office; and that was done before MT. Leary came into office as con- troller. Now, it was proposed to Autograph the mayors signature on certain checks because your honor knows there are not enough days and nights in the week for the mayor to sign all the thousands and thousands of checks that went in payment either for expenditures or contracts or expenditures made by vouchers or bills for city salaries. And it is very definite that no hu- man being under the circumstances would be able to sign all the checks himself.
 Now, SO much, your honor please for what urge and think proper ly is separate and independent and distinct conspiracy in the Levy transaction that cannot come with in the requirements of the law of conspiracy where a general con- spiracy is pleaded where all mem- bers of the conspiracy are either directly or inferentially connected with that conspiracy.
 Same Situation
 Now, the second distinct and se- parate, pleaded and alleged conspir- acy is on page 10 of the informa- ton in which there is charged that Assessors Crary and Shanahan re- ceived money in excess of salary affixed by law. And that separate and distinct conspiracy also pleads an allegation that Hayes, Leary, Kelly, Borgnaes and Dunn withheld from the warrants payable sheets the payments until after the Board of Finance signed it. And as in the Levy transaction, your honor please. the same situation arises again. If they weren't on the warrants pay able sheets at the time Mayor Hayes signed them and they appeared on the warrants payable sheets subse- quently, what notice could be to Mayor Hayes, whatever, of the pay ments? And then you have the same inference that Mayor Hayes confederated with Leary, Kelly, Borgnaes, Alderman and Dunn to destroy records of the transactions. Now, your honor knows, that in this case there isn't the slightest sug- gestion of evidence or suspicion that Mayor Hayes had anything to do whatever with the removal of the records of the City of Waterbury.