The Waterbury Democrat., 1939-08-11

ma In this case, so far as Frank Hayes is concerned, is the shafts and arrows of islander.
 say to you ladies and gentlemen. when you go into your jury room and you read that libelous informa- ton into which my clients name has been dragged, please, beg of you, find out from the evidence in this case with all your conscience whether or not the proof in this case has been sustained by the state.
 Now, what did Frank Hayes do that any man in his position would- mt have done? And, finally, is there in this case that would justify a high-minded, temperate, dispassionate New Haven County jury from putting him in a prison dungeon? Is there any evidence in this case, ladies and gentlemen, that would justify you by your verdict in burying this friend of mine in the cemetery where the state cival- ly buries its dead-state's prison?
 If you can find it, I can't. Now, If you've got to guess and surmise and speculate as to whether or not Frank Hayes is guilty of any crime, then the state hasn't carried the burden of proof. And If you've got to guess, there is no evidence beyond a reasonable doubt; and if you've got to indulge in the guessing game of the ages to try to guess this crime and put him in the states prison, then you have violated every rule laid down, any rule laid down by the state of Connecticut for the protection of its citizens.
 Doing His Duty
 Now, what is this man charged with? Is there any evidence in this case that Frank Hayes ever took a dirty, dishonest dollar in his con- nection with the City of Waterbury or at any time during his life? Oh, yes, the states attorney can burn the fires of suspicion and adds flame to start a conflagration, in- tended to consume this client of mine which you know the evidence doesn't justify. Now, MT. Alcorn will try to do that. He was a prosecutor for many years. l have beer but a defense counsel for not so many years, but for some years, but he likes to be a prosecutor. I will tell you that he is doing his duty. Per- haps I am not more squeamish than he is, but as to me, would prefer to represent men accused whom l conceive to be innocent.
 Now, finally again, what is the charge? He is charged with a gen. eral conspiracy. Now, you find ladies and gentlemen, in this infor- nation, islander after islander that Frank Hayes did this and that; Frank Hayes did that; but you don't hear him tried for the crime or the crimes that the state, through MT Alcorn, claims he committed. Il Frank Hayes has stolen a dollar from the city of Waterbury, if Frank Hayes had ever put dishon- est dollar in his pocket, the states attorney knows that he can sum- mon Frank Hayes to the bar of this court and charge him with that crime, and he knows that if Frank Hayes stole a dollar he could try Frank Hayes separately and that if he is guilty, convict him, but he did- mt dare do 1t.
 What did he do? He charged him with a conspiracy-a general con- spiracy, if you please--in which lis contention is that not only is Frank Hayes guilty but every man that sits in this courtroom accused is guilty with him. Now, you know a con- spiracy case may be snare and a delusion and it may be subter- fuge resorted to as MT. Crawford read to you, an expression of noted authority here last week; it may be resorted to drag an innocent man into a whirlpool and convict him on the hear-say of somebody else.
 Now, the prosecution knows and I know that the beauty about a conspiracy case is this, and 1t is generally recognized, ladies and gen. tlemen, as the accursed stinger. you don; require any theory what ever to carry on. If you charge con- spiracy, if you want to get someone (and we all have enemies, al' of us without exception>, if you want to get somebody and if you want to step over his prostrate body to higher things whether they be po- litical or otherwise, why, then you throw him into a conspiracy.
 What someor said behind some- body clse's back, and you remem- Der there was testimony here, for instance, just as an example, that Levy said that Frank Hayes was go- ing to fix his income tax. Now, don't believe that Levy ever said any such thing, for 1t goes that out ot sewers come sewer rats. l don't think he ever said such thing. But just contemplate the harshness of a conspiracy if out of Levy's lying lips he did speak those words that Frank Hayes is going to fix his m- come tax. Then, that ir part of the consr tracy, and Frank Hayes is re- sponsible, according to the theory of conspiracy, for what Levy said he was going to do with respect to his income tax. And that is con- spiracy.
 Degraded Witness
 And there Is no wf.y for topping degenerate witness or a degraded witness who has a slefish interest to serve for himself from saying anything he wants to say about any, body and putting him into a con- spiracy. And you know here from t c evidence. It may be sianderous lie, on the basis of islander, that Is spoken out of the lips of s~me wit ness in a co: :.spiracy case; and yet there you have an innocent ,an in the midst of the conspiracy case.
 You know, conspiracy is a child of the old star-chamber court m England. and like a lot of bad things, it's come down to us. You remember when you read your early English history that the lord Of the manor was selfish. If he wanted someone's head. he just sent his re- tainer out to get him and that was the and 0f hie Victinl Then. they