The Waterbury Democrat., 1939-06-13

vestigation of this situation here in Waterbury?
 A. Yes, sir.
 o. And do you remember the date of your assignment? A. I do.
 @. And what was thatP A. February 4, 1888.
 o. Whether or not you came to fense objections. Exceptions were noted.
 Took 99 Boxes
 Hickey then continued with his testimony, stating that he took 99 packing boxes, practically empty, from the storage room. He also took ledgers from the controllers office, he said, and on February ', he cleaned out the office of records.
 The 99 packing boxes and various records are now in exhibit In the trial.
 A visit with Mayor Frank Hayes was the subject of Hickey's subSe- quent testimony, over the objections of defense counsel.
 The visit was made February 8, Hickey said, and he talked with Hayes and Thomas P. Kelly, his ex- ecutive secretary. told Mayor Hayes was assigned to the investi- gation and wanted to talk with him." said the investigator.
 He told of asking for copy of the audit report as made for Il months in 1897. The mayor told him he could get one at the tax commits sioner's office, he said, but volun- teered to look one up. He knew there was one in his office and an- other at the controllers office, the mayor told him. The mayor could not tell him why the 1887 audit was made for Il months.
 Asked by Hickey whether he had received any complaints from the controller, the mayor had answered that he had received complaints from the new controller but not from the old one.
 When Hickey asked him If he had made an investigation, the mayor answered, T don't intend to be questioned twice about this matter"
 Hickey said that he informed Mayor Hayes he was there to make an investigation and that he had talked with Rowland, former s. A. Lawrence L. Lewis and intended to talk with others. The visit lasted about half hour, when Hayes told him he had a conference, Hickey continued.
 The following day, Hickey said, he returned to the mayors office to get the audit report from MT. Kelly. The latter had obtained copies of the city charter for him the previous day, he said.
 Continuing the tracing of hic in- vestigation, Hickey said the follow ing day he went to New Haven, to see Simon J. Alderman, another de- fendant, but failed to find him. h. stead, he said, he proceeded to the office of Edward G. Levy, defend- ant, who has pleaded guilty and tes- tified for the state. Objections FIared
 "What did he say?" asked Alcorn. And again barrage of defense ob- jections flared. Attorney MeDon- ough protested that Levy had testi- fled for the state as g. confessed con- spirator and there was no contest between him and the state. He claimed 1t was an attempt by Alcorn to emphasize the underlying evidence through police officer hired by him.
 In loud voice, he charged that the procedure violated every funda- mental principle of criminal law. Tt ought to be stopped and stopped here" he said to Judge Inglis.
 Asked by McDonough to give his reason for the added testimony con- cerning Levy. Alcorn replied 1t was to show further concealment.
 He said that it was offered as pre- liminary to later conversations with Levy. ITO meet the inference made during the cross-examination of Levy that MT. Hickey made threats" he continued.
 Defense counsel argued it was im- proper time to meet such inferences if they had been made.
 Attorney John Cassidy arose to state that Levy had testified that he had taken no part in any con- spiracy to defraud the city although he had pleaded guilty. Kelly, Levy
 Alcorn said that he had Q different conception of Levy's testimony and that the witness had said, Kelly and Levy together robbed the city" "I'll never forget that" he said. Judge Inelis ordered the comments by the states attorney stricken from the record.
 When defense objections to the ad- mission of evidence pertaining to Hickey's questioning of Levy, the county detective said that Levy had told him, that he had worked for the city, on lighting survey, and had been paid for 1t.
 Questioned further. Levy had re- piled, T have nothing to say on the matter .. want to know just what is going Co happen" He refused to tell Hickey if he had communicated with anyone during February. He refused to show Hickey his books and records, or say any more. following that interchange, Hickey saId. The interview terminated eztsr Levy had promised Hickey he would communicate with him fl he planned fo nd ns a vacation or leave tho etale.