The Waterbury Democrat., 1939-10-11

case might go to the jury earlier than had been anticipated. The first new witness today was Henry j. McElugh, now of Bridge port, but c former WPA worker in this city with residence on Ham, ilton avenue. He testified to meeting the accused a year ago and had also workci with him on WPA projects. He also said that he met Massucci the night of his arrest December 90.
 Atty. Guastaferri sought to ascer- tain from McHugh the number of trees along Catherine avenue in a line of questioning that was evil dentIy designed to bring out some point for the defense.
 At one point of McHugh's inc terrogation by Atty. Butler he re- ferred to Massucci as Curly" which Atty. Butler said was an obvious nickname as Massrcci's hair is ex- tremely curly. Judge Hincks inter- jected at this point: They never called you that, I'll bet, MT. Butler" The latters hair Is as straight as could be.
 Called to the stand as the follow ing witness was William Naylor ot 5I Catheztne avenue, Waterbury. He described trees, hedges, and other objects along Catherine avenue and also said he worked in Misky,s store near the corner of Catharine ave- v,,1A ord yRo1 cfronf
 He related that Massucci came into the store on the evening of Dec 30 and remained g few minutes, long enough to buy some cigarettes. He set the time as between 6:45 and p. m.
 When the trial resumed this morn. ing the governments handwriting expert, Samuel Pickering, was re- called. He explained several en- larged photographs of the extortion notes. Atty. Butler asked that they be entered as exhibits, whereupon Atty. Guastaferri objected.
 Judge Hincks remarked that yes terday the defense counsel wanted the letters entered, but today they didn't. Guastaferri's explanation was that he and the defense's hand writing expert merely wished to have . chance to study the letters overnight.
 When Atty. Guastaferri asked MT Pickering If he had ever testified against the government he replied in the negative. Atty. Butler ob- jected but Judge Hincks would not uphold the objection and the ques- tion and answers were allowed to stand.
 Atty. Butler asked Pickering if he found anything favorable to Mas succi in the extortion notes would he have presented 1t, to which the expert replied, "Yes".
 The government, whereupon, rest ed its case.
 Sticking doggedly to his conten- tion that Fibre Massucci, local WPA worker wrote the two extortion notes to former Mayor Frank Hayes as a result of which he is now on trial in the United States District Court at New Haven, Samuel F. Pickering, handwriting expert from the Wash ington, D. C., headquarters of the Federal Bureau of Investigation tes- tified throughout the afternoon yes- terday to prove his contention. The expert was equally as strong in his testimony that the notes were not written by Thomas P. Kelly, former Axeciitivn secretarv fn former Mayor Hayes.
 A bombshell was thrown into the case yesterday when Frank J. Whelan, FBI agent at New Haven testified that he interviewed Mas succi at the New Haven county jail on March g last and that Massucci had told him he had identified Thomas P. Kelly as the strange man, who asked him to pick up a package which was supposed to con- tain the $5.000 demanded in the roy,soyn rntpS