The Waterbury Democrat., 1939-02-10
Prosecutor Alcorn To Connect Leary, Hayes
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 lures, and learned that in 1880 Pur. cells attention was 'called to some thing in connection with expendi- lures and appropriations"
 "As a result, whether or not you went to see MT. Leary?" asked Al- corn. The reply was in the afirma- tive. Purcell added that 1t wa. sometime in May or June of 1eS0.
 T told him certain appropriation soon would be or were expended-] don't recall the particular appropri- ations," said the witness.
 What was done about it," queried Alcorn.
 '.Nothing was done about it." was the reply.
 Purcell spoke of another occasion when he approached Leary about the appropriations.
 "What the hell can we do about 1t, we've got to have the stuff (meaning supplies, etc) Purcell tes- tified he was told by the controller
 Purcells reply at that time was q thought you wanted to keep the ex- penditures within the appropria- tions.
 Purcell claimed that he could not do the work necessary with the staff of assistants provided him.
 
 Impossible To Keep Records
 q told him (sbout the middle of May, 193O that it was impossible to keep the record up to date be- cause certain employees in my opin- ion were not competent" he testi- fled. He did not recall what Learys reply to that complaint had been. he said.
 Alcorn then prodded Purcell for a statement concerning @ converse ton with Leary about the number of records in the office.
 Only Wanted One Book
 Tn 1930 or 1881, he (Leary) re- marked that there were too many records and too many signatures re- quired and he preferred to have only one book" testified the slow-speak- ing Purcell.
 Frequent objections on the part of defense counsel, the majority of them unsuccessful, further delayed the testimony of the witness, who is still chief accountant in the con- trollers office-this time in the em- ploy of Sherwood L. Rowland, who succeeded Leary.
 Can you give us his exact lang uage," asked Alcorn.
 Throw Machine Out Window
 "He said he was going to throw the damn machine out of the win- dow" replied Purcell, concerning a bookkeeping machine on which most of the records were made.
 Did you discover any payments made without the approval of the board of f1nance?" asked the prose- cutor. Purcell was restrained from by an objection which was sustained.
 He then explained that the prin- cipal records of the controllers office are the warrants payable reg ister, a record of all payments of the city for all departments - with few exceptions. Purcell explained that some boards make expendi- lures and do not submit them to the board of finance"
 He explained that the records of thn xyo pro :, te y,aua t.ia ~aniekar arn made from vouchers which are reg istered for approval of the board of 
 Purcell was being questioned along that angle at o'clock when court adjourned for lunch. The pro- cedure continued at 3 o'clock.
 Judge Inglis opened court at the usual hour of 10 o'clock this morn ing, and after being assured that all the defendants were present, or- dered that the jury be called. .. Jurors Absent
 Three of the jurors are absent" reported Deputy Sheriff Christ Olsen. The storm apparently de- layed them.
 Judge Inglis thereupon ordered e short recess to await the appear ance of the three, who came in together at about 10:09, when court was again convened, and the 3lst day of the trial underway.
 Edward G. Levy, confessed -con- spirator, who was excused from the stand yesterday after six days of and gruelling cross- ex- animation, during which he alleged ly implicated Hayes, Leary, Kelly, Olsen and Dunn in the conspiracy, was in the courtroom today. Having a plea of guilty, 1t is not necessary that he attend the trial unless on orders of the special 
 George Horwitz, 4l, New Haven real estate man and "very dear friend" of Leyy's was recalled to the stand for further cross examination by Attorney Thomas P. McDonough. Horwitz failed to supply the color and fire which accompanied the ross-examination of Levy by At. torney Murray yesterday.
 The first question asked of him by McDonough concerned @ meeting In a Ford agency. DO you recall a conversation about bank books?" The reply was In the negative. ?
 McDonough then entered a discus- sion about what Levy wanted fixed by Kelly at Hartford" Horwitz said he didn't know, but that he real- ized Kelly was expected by Levy to straighten out his income tax troubles. t'
 "Oh Yeah!"
 McDonough also made reference to the statement "oh yeah," made by Levy when a]legedly told by Horwitz that Kelly had promised to take care Of the income tax difiiculties.
 Attorney Murray, counsel to Mayor Hayes then turned to cross examine Horwitz, and in brief period, brought from the statement that never, in the presence of Mayor Hayes, did he and Kelly dis- cuss the possible plight of Levy as resul. of the income tax investiga- ton.
 DO you know if Hayes did any.