The Waterbury Democrat., 1939-08-18

ure of the defendants to submit themselves to cross-examination.
 Gross examination is exactly what the state wanted and intended to use as its strongest weapon" he cried. He continued that the state had hoped to force admissions of guilt from the accused, to extract from the lips of the accused an ad- mission of their guilt
 Violation of High Court
 Mention of ross-examination was violation of the rule of the su- prene court in the case of State V. Ford, he said, where the supreme court allowed the court to comment on the failure of the accused to take the stand.
 McDonough said that prejudice had been created deliberately, and that no jury could have escaped be- ing affected by it. T wonder if 1t tocS six hours or six minutes for the jury to reach their verdict?" he inquired. He continued that it was a "subterfuge to bring the verdict to the courtroom at the time it was brought"
 "The answer is," he cried, athat the jury had it's mind made up be- fore the court gave them the case, and that was violation of the law"
 Before you charged them they had their minds made up. If they had followed your charge they could not have brought in that verdict" he argued. Included in his argument was another attack on the credibility of witnesses who testified against Kelly, including Edward G. Levy, Joseph Carroll and Francis Brice.
 Mrs. Wheeler Atteneds
 Mrs. Viola Wheeler of Seymour one of the alternate jurors who was discharged just before the delibera- tions opened Wednesday, was one of the numerous spectators today. Crowds had gathered in the vicinity of the courthouse from an early hour in the morning.
 Special details of police assigned to the area reported that many were on the scene as early as 7:30 o'clock.
 Attorney James D. c. Murray en- tered the judges chamber just be- fore 10 o'clock, and Judge Inglis sent for MT. Alcorn. A general con- ference seemed to be in the making.
 Opening of court was delayed to 10:10. Not single defendant was in his seat as the judge emerged from his chambers. As the deputy sheriff rapped his gavel for the opening of court, they flocked into the room. Charles E. Williamson was the only one of the defendants not present.
 Attorney Murray arose and sug- gested to the court, that as the ar- guments on motions to set aside the verdict might be somewhat lengthy. the sentencing of the accused be deferred until Monday at noon He pointed out that it would make it simple for him to come from New York at that time, and continued that it was the first time he had sought such a favor.
 Special Prosecutor Alcorn said he had no objection to the proposal
 Entitled To Rest
 T think it wise" commented Judge Inglis. "We're entitled to a rest over the weekend-before the sentences"
 Attorney John H. Cassidy asked that the time on Monday be de- layed to 2 o'clock instead of noon, in order that those who vacation during the weekend might be better served.
 Judge Inglis agreed, and the time for the sentencing of the accused was delayed to Monday at 2 o'clock
 Counsel for Edward G. Levy and Harry Mackenzie, confessed-con- spirators, who are awaiting sentence (Attorney William L. Hadden) was present today, but the two accused were not to appear until o'clock They were advised that it was not necessary to appear today The same was true in the case of Charles E Williamson, who was found guilty by the court, and Timothy Horgan who pleaded nolo contendere.
 So crowded was the courtroom this morning. that members of the bar association. as spectators. were allowed to sit in the jury box. now vacant. The jury was discharged Wednesday night following the re- turn Of the shocking verdicts Of guilty.
 Attorney James D. c. Murray opened the arguments of defense counsel to set aside the verdicts, on behalf of Mayor Prank Hayes.
 Not Justified
 Tn leas than i've minutes, he gave the gist of his argument in the words, "My view of the evidence ifi this csHe. and urge R on your honor. is that the evidence dld not justify Inc conviction Of Eny client The paramount question he said,