The Waterbury Democrat., 1939-06-20
Attorney Murray Asks Discharge For Mayor
sContinued from Page i,

LII June zt.
 Tn his brilliant plea, Attorney Murray charged that he couldn't find any case against Attorney Ralph Coppeto of Waterbury or Simon J. Alderman of New Haven, an accountant, both defendants.
 About M. J. SIavin
 Concerning Michael F. Slavin, deputy registrar of voters. the de- fense attorney said, in level tone of voice, "He is. pitiful figure, dragged in, for what is charged receiving a few dollars" Tn a fol- low-up, he characterized the con- stant claim in the information, regarding the destruction of rec ords, as "The hymn of hate"
 Basement Story Scorned
 With reference to the meeting in the basement of the city hall, at which confessed -conspirator Edward G. Levy claimed he agreed to kick back funds to Daniel J. Leary and Thomas P. Kelley, Attorney Murray said, sThere is not a scintilla of ev- idence in this case, which connects Mayor Hayes either directly or in- directly, by innuendo or suspicion with having known such an arrange ment was made"
 Mayor Hayes does not need to prove himself innocent" continued the New York attorney. Tt is the burden on the state to prove him guiltyand the state has failed in that respect"
 Calls It Slander
 The statement by Special Prose cutor Alcorn to the effect that the conspiracy "stemmed from and end ed with Hayes" was referred to by Murray as "slander". "There is moi one scintilla of evidence to justify that islander, which has been con- tinually thrown at him in this case, he cried.
 None of these defendants is be- ing tried for substitute crime, said MT. Murray. "It is nothing but one single conspiracy a thousand conspiracies-and evidence has not been submitted which tends to prove common purpose. The state has signally failed to establish any such fact"
 Quotes Judge Inglis
 Attorney Murray, in support of his argument quoted decision filed by Judge Inglis last July, in reply tc preliminary defenses. In that mem orandum, Judge Inglis had said, ri a rmall group of conspiracies is al- leged as part of a general conspir- acy, 1t is a fundamental rule o1 law thatt hey must. be joined to- gether by evidence to establish necessary proof of the general con- sriracy alleged. Proof of separate collspiracies is not proof of gen eral conspiracy where one conspr- acy is charged"
 Attorney Peck submitted briei in support of his arguments. "The state has failed to do anything but prove or attempt to prove a num- Der of isolated conspiracies," he con- tended.
 No Conspiracy Proof
 Counsel for the city's former con troller stated that when the Grlf- fenhagen accountants came to Wa terbury they set up a system not provided for in the charter, and that Leary, big business man, was impatient of red tape. But that does not prove the charges of con- spiracy," he continued.
 Although several of the defend- ants, including Henry w. Minor Dan Peters, John s. Johnston and others were friends of Learys the lawyer pointed out, Everybody does business with friends"
 Look To You Said Cassidy
 "We look to you as a bulwark to support the rights of these defend- ants" said Attorney Cassidy, in asking for a dismissal of the charges "The state has not proved one con- spiracy."
 "Your responsibility is exceedingly great" he. continued, addressing Judge Ingiis, as he pointed out the provisions of section 6447, which gives Judge Inglis the power, duty and responsibility to grant the. mo- tion if the state has not proved by a evidence prima facie case"
 The conspiracy statute, he said, is the darling of daring prosecutors. Concerning the present case, he said, twelve laymen are not quail fled to decide the questions of law involved"
 He argued that because quarterly statements of the financial status ot the city had ben presented to the board of finance and publicized, "the city couldn't have been defrauded.a .
 Stacks of Evidence
 Fifteen volumes of testimony giv. en in the states case by 60 wit nesses were stacked on Judge Inglis' bench this morning, as ht prepared to hear the arguments o1 the defense counsel for the dis missal of the Conspiracy charges.
 All the defendants were present with the exception of Charles E Williamson of Darien, who is being tried by the court. Apparently nc arguments will be made on behalf of Williamson, who has testified for the state, but his attorney Frank L. Wilder is present in court
 Defense counsel today prepared a stipulation providing that the trial shall continue unhindered al- though it may require time beyond September. The present term of court ends in September, and the stipulation is apparently to pre- vent any legal possibilities that may arise from the lapse into an other term.
 Attorney Benjamin Shade, appar- ently the only defense counsel wht intends to ask for the removal o1 certain testimony from the record asked for additional time this |. morning as court was opened. The jury is not present. having beer excused until next Tuesday. Sladt said that he desired more time tt separate from the record the DOT. tions he desired to have eliminated The motion will be made in Writ-