The Waterbury Democrat., 1939-03-22
Perarorias Bankruptcy Petition Admitted Evidence Today
Harley w. Tripp First
 Of Board To Testify
Continued from Page l,

NOS@eS@@@NA~Ne house of Harry E. Mackenzie of Bethel, who has pleaded guilty to the conspiracy charge, and is await ing call as states witness.
 Accompanied by byIAttorney Daniel Pouzzner, he conferred with Special Prosecutor Hugh M. Alcorn for a brief period prior to the opening of court, and then left.
 Although he is not expected to be called soon, it will be remembered that the special prosecutor surprised all observers when he called Edward G. Levy, the other confessed con- spirator, as the second witness in the trial.
 Bankruptcy Records
 Pietraoria's bankruptcy records were introduced to the court yester- day by Mrs. Lucille R. Adolf, sec- retary to Bankruptcy Referee Saul Berman of Hartford county.
 Mrs. Adolf, petite and neatly dressed, said that she mas been work ing for Referee Berman since June, 1881, and that, under subpoena, she had brought the Pietraoria records to court. The bankruptcy petition signed by the accused, was filed March 3l, 1883. Mrs. Adolf did not come to court today.
 Defense counsel objections nec- essitated the exclusion of the jury again by Judge Inglis. It was con- tended by them that federal statute precluded the admissibility of bankruptcy records, which are federal records, in any criminal case by perjury. Judge Inglis, upon hearing this contention, called a recess to afford defense counsel opportunity to present authorities to support their claim.
 They were unable to find the proper citation, which they claimed existed, however, and Judge Inglis, when he adjourned court shortly thereafter advised defense counsel that they would be given oppor- tunity to argue further today. He marked out, however, the portions of the bankruptcy file which would be read to the jury today, unless the defense claims were substan- tial.
 Sand Session Todayts session was the Sand of the trial, which opened November 29, involving g men on charges of conspiracy to defraud the city of Waterbury of more than million dollars.
 Following the opening of the ses- sion, Attorney Patrick Healey, ad- dressed the court. He said that he was the one who had objected to the admission of the Pietraroria records on the grounds that a federal stat ute precluded their admission.
 In view of this he said, he be- heved that he should be the one to inform the court that the statute upon which he based his objections had been repealed and was no long, ar effective.
 Judge Inglis, with no further adieu, overruled the objections of the defense counsel and admitted the document, only as evidence against the defendant Pietra- roria. Attorney Cassidy ob- jected that the document should not be allowed as against only one de- fendant. He pointed out that this was conspiracy charge, and "one man cannot be guilty of conspiracy" Alcorn then read the Pietraroria bankruptcy petition to the court showing the accuseds statements that he owned no trucks in 1883, the year he received $28,0O0 from the city for truck hire.
 The record, Alcorn said, showed that Peters was unemployed, and that Edward Quinlan was the attor- ney for the bankruptcy petitioner The document, characterized by AL corn as a solemn oath" by Peters, was signed by the accused March 3l 1883.
 When the special prosecutor con- cluded reading the paper to the jury Attorney John H. Cassidy took it up, and indicated desire to read another portion. Alcorn insisted that in order to do so he would have to have that portion admitted in evil dence first.
 Hold Conference
 Conference was called between Cassidy and Judge Inglis, who later invited Alcorn. Subsequently, with out having the paper admitted in evidence, Cassidy read to the jury a statement from the bankruptcy file of Peters. The statement re- lated to real estate valued at $18,0OO subject to mortgage of $18,O00 however. There was also reference to bills of $16,723 and debts due S10,405.13.
 Mrs. Wanda Sitka, of Bristol, a clerk in the assessors, office in that city, took the stand as the first wit ness of the day. She said that she had been so employed since 1929 and that she had brought records tc show the tax lists, or absence ot such lists, concerning Peters, a res ident of Bristol.
 Attorney Cassidy again objected claiming that the evidence was tot remote, and that the fact a mar failed to pay taxes on trucks doe not indicate that he did not render trucking services to the city of Wa terbury.
 The records for 31-32-33- -34-3 -36 according to Mrs. Sitka, failed to dis close any listing of personal prop erty for Peters. In 1895, accordinI to the listing, Peters owned a fiv years old Ford touring car.
 Mrs. Sitka concluded her testi mony following that disclosure, an, John J. Savers of Hartford, chic clerk in the state department o motor vehicles was called.
 Records of Frank J. Burns" San talucia, concerning registrations 0