The Waterbury Democrat., 1939-03-15
Hayes, Kelly To Go On Stand In Defense
tcuntinusd from Page l,

Continuing, the lawyer said, You
 know you are under oath, don't you?"
 I'm . Christian
 Purcell, in wrath himself, replied, 'Yes, and I know what an oath means. I'M Q Christian" Attorney Shade is a member of the Jewish faith.
 Still in high dudgeon, the lawyer said, "You are not afraid of prose- cution for perjury?"
 The reply was "No."
 "I thought so," rejoined the law- yer.
 Purcell restated that the item was approved by the board of finance, but had been fraudulently submit ted. Judge Inglis allowed the state ment fraudulent submitted' to be stricken from the record. Attorney John H. Cassidy, stood up, and very deliberately moved that the statement by Purcell, T know what an oath is--IM a Christian" be stricken from the record also. Judge Inglis complied. For five minutes while the jury was being excused at the o'clock recess, the witness showed signs of anger and wrath. His face was white.
 Other Key Men silent Whether or not the other two alleged "key men, in the trial, for- mer Controller Daniel J. Leary and Banker Carl D. Olsen will take the stand is not definitely known. It is understood that several of the 8 defendants, will testify in their own behalf when the time for the pres entation of teh defense case arises, Many more sessions of the trial will have passed however, before the time for the presentation of the de- fense arrives. To date, in six and half weeks of testimony, the state has presented but two of it's princi- pal witnesses, Attorney Edward G. Levy, confessed conspirator and James P. Purcell, who was on the stand today for the 18th time, under cross examination by Attorney Ben- jaminn Slade.
 AuQlG NSpUEtS GAuCU
 elade concluded today with the reading of audit reports of the city of Waterbury, prepared from 1882 1857 by the George H. Kingsley company, Three affiliates of the firm are on trial.
 Mayor Hayes, 55, head of the city government since 1880, and lhutenant governor of the state for two terms concluding in 1889, will 'clear up many things" which have boen testified to, concerning himself and other defendants, when he takes the stand, according to the expectations of Attorney Murray. Question of whether the court will be in session Friday of this week, St. Patrick's Day, has been the matter of much discussion. No official ruling has been made, but there is possibility that as 1t is Friday, the session will be adjourned at o'clock and the afternoon hearing cancelled InaSmuch as court was in session Washington's Birthday, there is little possibility that any other ale 1owances will be made. What He Accomplished \ At the conclusion his nearly five hours of reading. Attorney Slade announced to the court and jury that by his computings, the follow ing figures were derived from the audits:
 That the city's cash deficit from December 2l, 1881 to 1886 was a total of $S,s96, ,0l9.70;
 That the over expenditures for the same years, as shown by the audits, amounted to $2,221, ,724.52.
 That the public welfare over ex- penditures of appropriations, during the years 19Sl-1938 Repression years) were $l.093 .860.24 and for the same years, the over expenditures of the street department appropria- tions were $404 ,s00.6l, a total of $1, ,498, 829.85.
 In answering one question con- corning the drawing of a check showed him by Attorney Shade, Purcell started to say, T think ;" but was cut short.
 Special Prosecutor Alcorn objected to the interruption, and Attorney Slade cut in with, I'm glad my friend finally woke up-I thought he wa sasleep."
 Turning then to Judge Inglis, he remarked, concerning Purcell, We've had enough of what ne thinks what he glsesses- now we'll see how much he knows" Judge Inglis over- ruled Alcorns objection, saying about Shades interruption, T guess it's all right"
 Check Identified
 One check for payment of a sum to the Mattatuck Motors by the city was identified by Purcell. DO you want to know what that's for?" in terrupted Alcorr.
 "You don't expect to get @ fee from me besides the one you ex- pect from the state. do you MT. Al- corn?" demanded Slade. in anger.
 T asked you Q perfectly proper question" retorted Alcorn.
 "And I asked you one" replied Blade.
 T asked you one." returned the prosecutor.
 Judge Inglis apparently annoyed by the interlude, said impattently, O. Let's 90 On."
 Purcell admitted that it was true that in addition to the numerous checks he had been shown by 6lade today, there werc hundreds Of others which had been made out varicusly, l on typewriter, with pin point ma \ chine, numbered in red ink and num- [ bered in black ink. He said tpere I were many hundreds which were not also.
 The distinction drawn by Purcell payroll checks md other I |Ichecks, and their necessity of ap- ||proval of the board of finance, came |lIlnder the fire of Slade when he de- ||manded to know if there was 2 char ||ter regulation making such q dis-