The Waterbury Democrat., 1939-04-21

AIcorn contended, in the absence of the jury that the stock was sent to the Waterbury Trust O., sent back to the brokerage firm by Ol- sen, then returned in the name of Leary.
 Judge Inglis listened to the lengthy arguments of the defense counsel, who contended that to admit the evidence would be to ask the jury to "infer" that the Connecticut Supply company was a dummy just because money was paid.
 He termed 1t speculation. Judge Inglis said that the only question in his mind, which delayed the rul- ing was whether 1t was too re- mote. He said that if Alcorn could connect 1t as he claimed he could, sit is pertinent.
 Nust Prove 1t
 Attorney George w. Crawford ar- gued that if the Conn. Supply Co.,, was "a dummy" Alcorn would have to prove it. He will have to prove that there was no consideration for the money" he said.
 "All he says unless he proves it. he said, "gets him nowhere at all.'
 Following a recess late this mora- ing, Judge Inglis ruled in favor Of Alcorn and ordered the evidence and testimony of Cook admitted.
 He said that the evidence is relative and not too remote" He also denied a motion of the de- ferse that he allow it as against certain of the defendants only.
 Cook Didn't Keep Ledger
 Cook, the witness, admitted that he did not keep the ledger sheets pertaining to the Fruh account himself, but said he received all his material from the file clerk. Over the objections of the defense the ledger sheets were admitted, and Aleorn read their contents to the jury.
 "What is the status of his ac- count now?" queried Alcorn, with reference to Fruin.
 Tt is even," said the witness.
 Did Not Know Fruin
 The witness said that he did not know Fruin. He was then called upon to produce four papers, one of which was a registered mail re- ceipt signed by Daniel J. Leary, January g, 1897. Court was ad- journed as Alcorn offered the pa- pers as exhibits.
 Attorney Sidney s. Cassell argued that the Fruin evidence was not ad- missible because Fruin is deceased and not a defendant.
 The length of the trial, now at the clqhe of its 1Sjil week, came into tho testimony this morning, when Attorney Crawford, arguing on an objection, stated that counsel have been arguing on speculation" for what seemed like a century"
 'That's your fault," charged "Yes," said Crawford. Its our fault for not letting you do the kind of things you want to do."
 Another issuance of stock through ths Connecticut Supply Company in- volving Leary was claimed by AL corn today. He said that $619 was tendered for 400 shares. The stock was signed for by Leary, he said Today's session, the final of the 18th week, was the sixty-second oi the trial, which opened November 20 involving 23 men on charges of con- spiring to defraud the City of Wa terDury of more than million dol lars.
 CDonnell took the stand immed- lately after the 10 o'clock call ot Special Prosecutor Hugh M. Alcorn who yesterday reserved the right to recall him, after defense counsel had cross-examined him. Alcorr, was given the right to cross-examine O'Donnell, although he is sta ;e witness, because Judge Inglis ruled him hostile"
 Alcorn read to ODonnell the tram script of testimony the witness gave yesterday concerning the keeping o1 records of truck hire during Novem- Der and December, 1887. O,Donnell verified Alcorn's statement that he had said that during those twe months the truck hire payments were recorded on payroll sheets in- stead of books.
 With that, Alcorn introduced as evidence. the payroll book for the year 1897. The book showed records of four payments to Philip Coppete and five to Frank (Burns) Santa lucia during November and Decem- Der, 1887.
 Total Payments
 With Attorneys Healey and Al corn looking over his shoulder ODonnell pointed out total pay ments during the two months oi $477 to Coppeto and $388.75 te Santalucia.
 The records showed that Santa lucia had one truck in service anc that Coppeto had two. Coppeto re. ceived $1.50 an hour for his trucks while Santalucia received $1.25.
 Records of the payments were contained in two cases on sheet 13' -G