The Waterbury Democrat., 1939-05-10

PATRICK J. HEALEY
 Counsel for defense in protest
 against the states alleged dilatory
 tactics declared today that his
 client was entitled to 3 speedy
 trial.
 to limit the disclosure of auditors report. It merely is intended to make sure that the auditor reports, among other things, the deficit of the preceding years, of the appro- priations made. Now, if MT. Brown says in his testimony that it is the duty of the auditor in making a thorough audit to call attention to these matters which the state claims are irregularities, it seems to me that is clearly relevant to the case, because in making thorough audit the auditor is proceeding in accord ance with the charter. I have in- dicated 8 moment ago so far as the charter gives information as far as the defendants that are &C., tually present in this trial are con- cerned, it seems to me that there is enough of connection with MT. BorgnaeS' testimony, and that evil dence is relevant. Another point which MT. Slade makes, namely, that there is no foundation at the pres ent time for questions in this form because 1t doesn't specify on what facts MT. Brown is going to express himself. I think there Is something to do with that. I think I'll sus- tain objection to the form of the question and overrule all other ob- jections.
 Jury Returns (Jury called in).
 MT. Brown questioned by Alcorn:
 o. MT. Brown, yesterday you were testifying with respect to the entries made upon these warrants payable sheets on the front of the sheets which bore 8 date later than the date which appeared on the back of the sheet. Whether or not in your examination of the books and the records of the meetings of Board of Finance-whether or not the date on the back of the sheet cor responds with the date of the ac- tual meeting of the Board of Ff- nance in every instance? A. It does, yes, sir.
 o. Now, then, as say, you were testifying yesterday to entries that there were found on the front of the sheet dates of entries on the front of the sheet which differ and which were later than the date on the back of the sheet. Do you re- member that?
 A. Yes, sir.
 o. Now, MT. Brown, assuming that the date on the front of the sheet was later than the date on the back of the sheet, and the date of the meeting of the Board of Finance was placed there after the Board of Finance met, whether or not 1t was good accounting and was it not the duty of the auditors to either re- port that fact or note it or make some comment with respect to it in their report?
 A. It is the duty of any auditor to report all irregularities which come to his attention, such as the condition of this warrants payable sheet was undoubtedly an irregular ity.
 (Objections-Judge Inglis ruled that the answer be stricken and overruled objections to the question: )
 A. It obviously is the duty of the auditor to report all irregulari- ties.
 Q. Now, MT. Brown, whether or not there was any knowledge on the part of the auditors, or whether or not the situation with respect to the entry of dates on the front of the sheet failed to correspond with the date on the back of the sheet, whether or not 1t was the duty of the auditors to report that condi- tion however it arose?
 A. Yes, sir.
 Duty of Auditors
 Q. Similarly, Mir. Brown, whether or not it was the duty of the audi tor to either comment or call atten- tion to the omission of any entries in the blank space of the paper on the back of the sheet, entitled: "Ap- proval of claims and authorization of payments by the Board of Fi- nance?"
 A.. It.was. Yes, sir.
 e. (Referring to the warrants payable register for 1937.) How many sheets are available for that year?
 A. A total of 32 sheets.
 @. What is the date on the back of the sheet?
 A. December 16, 1887.
 e. And under what date are they listed on the back of the sheets?
 A. There are only six sheets bear ing e date on the back; that is, De- cember 16. 1887.
 Q. And Whether or not on that sheet you find two entries with ref- erence to the Underwriters Investi- gation Bureau?
 A. Yes, sir.
 Shade objecting: What is the pur- pose of that?
 Full Knowledge
 Alcorn: It is quite obvious. I call your honor's attention to this report and it Is the only time you will find any reference in any report of the Kingsley Company to the D. of Fi- nances method of operation, and it is for two purposes: CD it Ehows that the Kingsley Company had t.ill