The Waterbury Democrat., 1939-01-10
Selecting Rest Of Jury
 Will Proceed As Usual
tContinued from Page D

troller's office.
 Joseph McMahon, personal chauf- feur to former controller Daniel J. Leary.
 Bartholomew Scannel, clerk of the assessors office.
 John P. Fitzmaurice, city clerk.
 James P. Purcell, chief accountant in Controller Rowland's office.
 Controller Sherwood L. Rowland.
 Miss Betty McGivney, former sec retary to Daniel Leary.
 Conference Lasted Hour
 After a conference lasting ap- proximately one hour-until Il o'clock-Attorney Patrick Healey left hte courthouse for the homes of Michael Slavin and Thomas Fleming. The purpose of the trip was to have them sign waivers of their rights to be present at the selection of the two alternate jurors for the trial.
 Court was delayed until the return of Attorney Healey with the waiv- CTS.
 In discussing the procedure, Judge Inglis said that there was no precedent in Connecticut for ab- sence of defendants from court for the selection of jurors, but said that the law was fully covered in Corpus Juris.
 Both May Attend Court
 He said that in discussing the case with the physicians attending the two men, he had learned that both would undoubtedly be avail able and able to attend court by the time the jury was completely impaneled. Neither could promise definitely concerning the condition of his patient, however.
 Fleming is in bed, recovering from an attack of nervous exhaus- tion which caused his collapse last Friday.
 Slavin is also confined to his bed, because of high blood pressure.
 Alcorn Agrees To Waive
 The form of the waiver was agreed to by Alcorn and Healey and approved by Judge Inglis before At- torney Healey went to the homes of the ill men for their signatures. Court was in recess during the en- tire time of the conference and the trip by Attorney Healey.
 The waivers make no provisions for the allowance of the absence of the two defendants from court af- ter the selection of the two jurors. Tn other words, if they should be unable to attend court when the time comes for the calling of the first witness by the state to testify, some other agreement must be made.
 May Sever Their Cases
 It has been suggested that in the event of the continued disability of the two men, Special Prosecutor Alcorn may sever their cases from the other conspiracy charges and proceed with those remaining. The trials of the other two would be de- layed until the completion of the present trial, in that event. There Is no official indication that this procedure will be followed, however.
 Today was the beginning of the seventh week of the trial. It marked the 18th session of the trial, which at present is resigned to the task of obtaining two alternate jurors to sit with the regular panel of 12, and to be available in the event one or two of the regular panel become physically incapable.
 Alternate Plan Precaution
 The alternate juror plan has been selected as a precautionary measure against a mistrial due to illness or death of 8 regular juror. In this case also, precedent was established in the conspiracy case for Connec- ticut by the acceptance of the al- ternate juror stipulation.
 Special Prosecutor Hugh M. AL corn was the lone member of the states legal staff at the trial today. His son, Assistant Special Prosecu- tor Hugh M. Alcorn, Jr. and Assist ant Special Prosecutor Harold E. Mitchell were absent, attending the session of the general assembly. Both are representatives.
 Probe Stan On Hand
 The investigating staff which as- sists the special prosecutor was present in full strength, however. Special Deputy Sheriffs Edward J. Hickey, George L. Greer, and John Sponzo and Lewis Cannon were in attendance. Greer and Cannon made one lengthy trip from the court, during which time 1t is un- derstood several witnesses were sub- poenaed for court on Thursday. MORE ... MORE =. =. ... .....
 Dr. Joseph F. Burke and Dr. Jo- seph Slavin accompanied Attorney Healey to the homes of the two men. Dr. Burke is attending MT. Fleming and Dr. Slavin is attending his brother, Michael Slayin.
 Attorney Healey returned to the courthouse just before noon, pro- ceeded to confer with MT. Alcorn, and together they went to the of- flee of Judge Inglis.
 Court Is Called Court was called to order by Judge Inglis at exactly noon.
 "Are all the defendants present" !" asked Judge Inslis, his customary