The Waterbury Democrat., 1939-03-17
Prosecutor ALcorn Attacks
 Status or Conn. Supply Co.
Oppose Introduction of Certificate From Probate Existed Front" for | Activities

shares of the Steam Sterilizing Co. It was also shown later on in the document that he owed Daniel J. Leary 5000. What then has that to do with the question as to how he got money from the city of Waterbury whether legally or illegally is a mystery to me.
 Certified Copy
 Alcorn: You will notice, your honor, that I brought the certified copy of the complete settlement of the estate because I thought that was the proper way to do it. The present judge of the probate court obligingly compiled 1t in one sep arate document. There are many formalities, there. I don't want to read all of it to the jury; only certain portions that I think are admissible and I want to have presented in this case.
 Crawford: If any should be per- mitted, the whole article should be.
 Alcorn: That's what thought.
 Atty. McDonough: submit, your honor, that MT. Alcorn made mistake in presenting that the testimony was that this gentleman was 8 chauffeur to the accused Daniel J. Leary. That is not the testimony.
 Judge: I don't think it had to do with the legality of the shares.
 McDonough: But the states at torney made that as part of his claim and that is an improper claim, starting off with that as the foundation.
 Judge: Do you want US to un- derstand that those public rec ords will not be admissible against people who are not parties to the proceedings?
 Alcorn: The theory that had with respect to that document that several of the accused are parties to it, and that one of them is the administrator of this par ticular estate.s Olsen is the ad- ministrator of the estate, Leary is the creditor of the estate; Santa lucia is the creditor of the estate; and the document that we have already offered with respect to the equipment of Santalucia, etc., is in line with what I'm offering. I can't see that the hearsay ruling is at all involved in a matter of this type. Whatever took place isn't for the court. It took place during the lifetime of MT. Fruin; it took place during the lifetime of the conspiracy.
 Crawford: I think the states attorney misses the significance of the naming of these persons in the probate proceedings. Under the law, the judge of probate has the right, and it is his duty, to name competent person to administer for him. That man he felt was a competent person happens to be one of the accused. That the pro- bate court in pursuance of its du- ties enjoined specifically by statu- tory provisions of this state, has selected the particular person and found him to be a competent and suitable person The next fact that it is a public document does- mt make it relevant. I submit that there isn't anything in the document-even in the worldwide explanation of the checks-which prove to connect anything.
 McDonough: This is an impor- tant trial and it would be a ser ious matter for the state or de- fense to get anything in the rec ord of the supreme court that would call for a new trial and for the states attorney to come in and throw it in their face and to attempt to allow it in the court as evidence is certainly im- pertinence.