The Waterbury Democrat., 1939-06-20

0CAA 0OA tAAC GAty VI WAbGlbUlys
 we urge that there has been an attempt made to prove not only | one but 20 conspiracies- distinct and unrelated. It does not | follow the rules of law as required in proving conspiracy charge" he l claimed.
 Standing directely in front of the 1 judges bench, with his back to his brother defense counsel, the defense lawyer was dreSed in grey suit which blended with his steel grey hair. Specific reference was made to the allegation of the state that Hayes, Daniel J. Leary and Thomas P. Kelly conspired with Edward G. Levy to defraud the city in connec- tion with the light survey contract. The state contended that the con- tract was improper, Murray said, but the state had reference to a charter, which did not govern when the contract was made. Contract Valid "It was perfectly valid under the provisions of the charter-and passed by the unanimous vote of the board of aldermen" pressed the de- fense lawyer, who included not only his client but all the defendants in his lengthy plea.
 He continued that the contract did not provide for the expenditure of any money out of the city's treas ury, in that Levy and his partner, George B. Browning were to be paid odt of the money they saved the city.
 Referring to the conference iE the basement of city hall, at which Levy claims he agreed with Leary and Kelly to kick-back half of his earnings from the contract, Mur- ray said, '"There is not a scintilla of evidence in the case which con- meets Mayor Hayes, either directly or indirectly or by suspicion or in- nuendo, with having known such an arrangement was made. "There is no evidence that he received money-no evidence that he knew money was paid" He ter- minated that phase of his argument with the remark, Provided you can believe Levy"
 In a sarcastc tone, he referred to Levy, a resident of New Haven, as a confessed accomplice and confessed perjurer.
 Y Continuing he said, Mayor Hayes name was almost unjustifiably drag ged in," with reference to the claim that he cpnspired with Leary, Kelly, Borgnaes and Dunn to remove rec ords.
 There is not the slightest testi- mony," he argued, ''to connect May or Hayes with the removal of the records-no evidence to sustain the claim"
 "The states attorney will urge," he said, "that because certain rec ofds disappeared, Hayes must have had something to do with it-it is wholly unjustifiable." Blew Hot, Cold | The claim that payments did not appear on the warrants payable sheets, he said, indicates that the states attorney ''blew hot and cold at the same time." His contention was that if the, board of finance, which he referred to as board of estimate," did not know they had been left of the sheets, how could 4 Mayor Hayes, as an ex-officio mem- Der, know about it.
 The absolute impossibility of the mayor to follow every expenditure made through the office of the con- troller was cited by Murray. "He is not required to do it." he contend ed.
 His arguments were presented in an even tone, with never change in voice above the well-modulated. If the payments to Levy after 1882 were not on the warrants payable sheets, what is the evidence that Hayes knew of or sanctioned them? asked the defense lawyer. Referring to the testimony of an- | other states witness, James P. Pur- cell, the lawyer said that for weeks there had been statements con- | corning pin point checks-and the nference-which had been proven l to the contrary, that if there was no pin point marking, the check was | irregular.
 "Now could Mayor Hayes-by the greatest stretch of imagination know all the checks paid in the city of Waterbury. The state claims that because Mayor Hayes name appears Autographed on the checks, he had knowledge and was reSpon- Sible for their issuance"
 AlcOrn Present
 Special Prosecutor Hugh M. AL corn, who concluded his case June 13, following the testimony of County Detective Edward J. Hickey, sat quietly at the states table dur ing the lengthy arguments. He was accompanied today by AssiS- tant States Attorney Hugh M. AL corn, 'Jr.
 Murray stated that he would not attend to point out all pages of the evidence. wed be here till Christ mas if tried" he said.
 There were not enough days and l nights in week, he said, for Mayor Hayes to sign thousands of checks in payment of city expenditures.
 Attorney Murray listed the 20 conspiracies, which, he claimed, the state had attempted to prove, in- stead of the single conspiracy.
 The first, he said, was the allega- ton referring to the Levy charter. He argued that the second conspir- l acy alleged involved the payments in excess of salary to assessors, Thomas A. Shanahan and John H. Crary.
 Special reference was made by MT. Murray to what he claimed was the third conspiracy. It involved the claim that the deputy registrar of voters, Michael F. Slavin, he said, received "a few extra dollars"
 He said that Slavin had been dragged in," and that he was the most 'pitiful figure dragged in for what was charged"
 Hymn of Hate