The Waterbury Democrat., 1939-04-27

before Z3 GUY cnecKS TOT AN alInOSC
 identical amount were issued. AL
 corn said that of the city checks for $18,118.25, issued in his name,
 Santalucia received, apparently, only the $118.25 represented in the traasurer's check accompanying the other exhibit.
 Alcorn described the transaction yas fraud and conspiracy" Contin- .uing, he remarked, This offer is to show that the system was followed Ito cover up-and it did cover up." Should Not Be Admitted ! Attorney Benjamin Slade com- .plained that the evidence should not be admitted because the payee s(Guilfoile) is not involved "in these Proceedings" He claimed there was -'no connection with the payee of -the check" and the trial.
 : Attorney Cassidy contended that If the evidence were admitted it would then be necessary to try the .collateral issue whether Guilfoile @rendered services in the amount of ssthe check.
 : Judge Inglis did not agree with -tilat opinion.
 Accumulation of Suspicion An accumulation of suspicion" ~colored by the states attorney, was ethe characterization of the evidence .by Attorney Crawford. When de- s-fense counsel continued to argue -at length on the proposition, Judge s1nglis halted them with the remark *that they had exhausted the sub ~ject." He pointed out that he could ~see enough relevancy to admit the scheck.
 ' Before submitting to the ruling s21oweyer, Attorney Slade argued s"We are not trying the issue of whether the index was printed. We .are trying the issue of conspiracy sto defraud the city of Waterbury. Check Marked Exhibit
 Judge Inglis ordered the check smarked exhibit 34l, and after il swaS read to the jury, additional de- aposit slips of the defendants were spresented by the states attorney. Previously, a question of treasur. ser's checks and the fact that 1t i ssnot necessary to endorse such g ~check made out to the same bank -fad arisen. Judge Inglis pointed out sthat the law read in that manner. That's perfectly all right" remark. ~ed Special Prosecutor Alcorn, If tht funds went to the Waterbury Trusi sCompany. But the state claims the funds did not go to the bank"
 Troy Present
 Francis Troy, an accountant oi ssthe firm of George H. Kingsley oi ~New York was in the courtroom un. ~der state subpoena this morning as -the session opened. Three member. ~of the firm are on trial. He was 6 ~witness before the grand jury anc The was also one of the accountant. .who worked at times on the Water. sbury books.
 : The day was also featured by the return of Assistant States Attorney z Harold E. Mitchell, who had beer 7 recuperating for the past month from an operation for appendicitis
 Assistant States Attorney Hugh M ' Alcorn, Jr., returned to the Genera 7 Assembly today.
 A New Haven newspaperman ' Charles Flandreau, of the New Ha. sven Register, has been subpoenaec z by the state to appear as a witness sin the trial. What his testimony will concern cannot be definitely learned
 He was expected to appear at the courthouse this afternoon. Additional records of the Water. bury Trust Company bank transac. ' tions of Dan Peters, of Bristol, de. < fendant, were introduced at the out. set of the session, with Albert A Johnson, head bookkeeper of the < bank on the stand for the third day TWenty-three deposit slips for 1934 and % for 1855 were introduced bearing the name of Peters.
 Marks Erased
 Next Attorney John H. Cassidy selected . ledger card already ir evidence, and asked that certain pencil marks be erased. While the witness Johnson admitted that ''oc- casionally" bank employees pencil marked such cards, he could not say who was responsible for the mark ines on the particular card, nor could he tell where or when it was maflEed.
 T don't work on the ledger cards" he said. Judge Inglis denied the mos Ion to have the marks erased.
 A cashiers check for e1,00O in the