The Waterbury Democrat. [volume] (Waterbury, Conn.) 1917-1946, 1939-10-12
Thomas P. Kelly Tells
Extortion Case Story
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Continued
handwriting submitted by r. B. /
men.
Asked when he met Francis
Whalen for the first time Kelly said
it was In the mayors office in the
city hall. He had been in the Tax
Collectors office previously. There
ne received phone call telling him
Whalen was looking for him.
Kelly was then asked who is Joe
st. Louis. He answered by saying he
was personal secretary to Mayor
Hayes. What kind of car did St
Louis drive? think 1t was blue
Dodge, said. Kelly.
When court resumed at 1886
o'clock this morning Atty. Butler
resumed his cross examination OF
MaSSucci at length on imprints of
q writing pad involved in the case,
on the picking up of package sup
posed to have been money thrown
from the former mayors car, on the
makeup of the package itself and on
the conversation with Whalen at the
New Haven County Jail March 9.
Massucci refused to change his
story at all and left several ques-
tons unanswered. Butler brought
out that Massucci said that Whalen
told him that Hayes paid no atten-
ton to the first extortion note sent
him December q. 1888.
Kelly Answered Himself
Attorney Joseph Navin asked KEEL
ly if he had been convicted In the
Waterbury conspiracy trial, but
Butler objected Judge Carroll Kinks
sustained the objection and as he
did, Kelly said, Just a minute, I'll
answer that, and he did. Yes, ]
was stated Kelly.
Attorney Navin then asked,
what was the charger" "Conspir-
acy" stated Kelly.
"You were found guilty, were you
not?" asked Navin.
Eyes, responded Kelly.
what is the crime of Conspiracy
asked Navin. Kelly said, I'm not a
lawyer
That's ALL" responded Navin.
Judge Queries Him
As Kelly started to leave the wit
ness stand, Judge HinckS called him
back and said, "You admit being
convicted in the conspiracy trial
Have you appealed to a higher
court?"
Eyes, I have" retorted Kelly.
"You are going through with your
appeal Mr.. Kelly?" asked Judge
Hincks.
Eyes, I am" said Kelly.
Frank Place and Martin O'Rourke
were then called to the stand and
corroborated Kelly's version Of the
happenings in his home Christmas
eve.
Massucci stood within two feet o.
Kelly at police headquarters the
night he was arrested and did not
recognize him as the strange" man,
it was charged in yesterday after
Moons session.
1t was learned from most au-
thoratative source by reporter for
The Democrat In the u. S. Court
building at New Haven yesterday
that several members of the Water
bury police force are ready to tes-
tify that Kelly was so close to Mas
succi, when he was brought into
police headquarters that Massucci
could have touched him. They will
testify, 1t is claimed, provided they
are called upon by United States
Attorney Robert P. Butler, that
Kelly was in Massucci's presence
and within his sight for several
minutes.
Kelly,s presence at police head
quarters 1t is understood the impli-
cation will be is that he was there as
a matter of curiosity due to the fact
that ex-Mayor Hayes had told him
OF having received the extortion
letters and of plans to capture the
man who wrote the letters.
That there is the best of founda-
ton for the story Is seen In the fact
that the first questions shot at Mas
succi when u. s. Atty. Butler took
him over for cross examination late
yesterday afternoon involved Kelly.
Massucci's claim is that he iden-
titled Kelly as the strange" man
from pictures he saw in the papers
after he was arrested.
After questioning him on this
point the district attorney roared
at him.
Kelly Not There?
"You were able to identify Kelly
from pictures you saw in the paper
according to your testimony. Were
you able to identity him when he
stood close to you at police head
quarters the night you were ar
rested?
Massucci denied that Kelly was at
police headquarters.
The governments attorney drop
ped the questioning Of Massucci on
this point just minute or two be-
fore court adjourned.
1t was thought by court attend
ants that witnesses might be put
on to prove that Kelly was at po-
lice headquarters sometime today.
The case is expected to go to the
jury late this afternoon.
Massucci took the witness stand
In his own defense shortly after 8
p. m. yesterday.
His story followed almost to the
point the story he told the police
after his arrest all of which has
been testified to several times by
members of the local police depart
ment.
He placed the point Of where he
met the strange" man last Christi
mas eve as in front of q drug store
ut Spencer avenue and North Main
street and then went on to tell
about being offered chance to make