The Waterbury Democrat., 1939-08-11

VI JuobANSJ uAAJ WiANANp 0S UAAJ one hour before the 106th day of the trial was scheduled to open, every seat in the courtroom was occupied by spectators.
 But the crowds did not compare with the number who grouped out in the hallway yesterday to hear the summations of Attorney James b. c. Murray, in the defense of Mayor Frank Hayes.
 Opening his argument, in a deep smooth voice Mitchell, who had never made any previous remarks in the nine-months-old trial, said that when Attorney George w. Crawford mentioned the tragedy Julius Caesar in his opening argu- ment he referred to the conclusion of conspiracy in which "all the conspirators got their just deserts"
 It was at that time, in the open ing of his arguments that he said the conspirators of the Waterbury municipality, used the same formu- Ia as the conspirators with smiles and affability to hide the cesspool of corruption that was the City of Waterbury"
 The jury leaned forward with in- tent interest, from the very start of his argument as he pounded out that money was spent lavishly, with no regard for the people. "The smiles and affability were carried right into the court room" he said, making references to Attorney John H. Cassidy's statements during the latter's argument.
 But, he told the jury, you are only interested in the facts. T don't intend to get down to the level of two previous arguments" he said poirtedly.
 Abuse For All
 Nothing but abuse was given state witnesses by the defense counsel, said the youthful assistant special prosecutor, who is also a member of the legislature. He said that all witnesses, even the extraordinary grand jury had been abused.
 Attorney McDonough said that the grand jury did not indict, and he had a right to say that, Mitchell said, but he had no right, and he was incorrect when he said the grand jury would not indict.
 You have in this case avarice and greed" he cried, "and lust for power"
 Mitchell said that 1t was one con- spiracy from 1880 and that as 1t widened it required more actors, carefully chosen for so-called loyalty and ability to perform their parts.
 The Levy contract, which Mitchell said was the start of the conspir- acy, was known to Mayor Hayes, even though Attorney Murray painted him as pious and sancti- monious and indicated that he did not know what was happening in 1 the city.
 He had the strong mayor char ter and could start or stop any thing, cried Mitchell.
 Hayes Approved
 Hayes approved the payments to Henry w. Minor, he employed Mackenzie and Williamson and he knew Of the contract of 1880 with Levy, Mitchell said. He added that Hayes as chairman of the board of finance had never breathed a word of those transactions to the mem- bers of the board.
 His function was to cover up as much as possible cried Mitchell, "and silence was his role--except when he was used as front man to show his power and influence be- hind the conspiracy"
 His argument, only one hour and fifteen minutes in length, was ex- pected at the start to require sev- eral hours.
 i But he shortened his statements as he said that Hayes knew, when he wrote to the board of alderman, that he would want to make con- tracts after 1882
 Corporation Counsel Charles s. O'Connor knew about the contract, for he prepared 1t. Mitchell said.
 Isn't Levy's story true" asked Mitchell. He pointed out that the contract was witnessed only by Kelly and Leary and signed by Hayes. Just within the little group" he said. Not single person should know about 1t a but those three.
 People in this transaction dealt in nothing but cash, Mitchell said, agreeing with Attorney McDonough that he could not understand why George B. Browning took a check at the conclusion of the lighting contract in 1882.
 The Power, Prestige
 Hayes was the power and prestige of the whole transaction" cried Mitchell.
 Mitchell said 1t was q polluted stream from the beginning and sil who entered the stream knew 1t con. tained pollution. are just as eon- taniinated as those who polluted it at the source.
 "of course Hayes knew about it. he had to know about t." cried