The Waterbury Democrat., 1939-05-09
States Case In Trial Is Nearing Completion
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 7 CContinued port, under the guise of refreshing his memory"
 He referred to "the recent criti- cism of the supreme court of that procedure, applicable to this situa- tion."
 Special Prosecutor Alcorn ter. minated the argument by asking Brown to proceed by using the book merely as a reference, not to read from 1t.
 Attorney Slade Objects
 When Attorney Benjamin Shade objected to the description of war rants payable sheets being given by Brown, Alcorn countered that 1t wal necessary to show that the ac- countants, George H. Kingsley, Will liam B. Murray and John w
 Judge Inglis refused to strike out the remark, but ordered the jury to ignore it.
 During his description of the war rants payable register, Brown said that they were used to show the status of the appropriation against which each item was charged.
 Places On Back
 Alcorn, through Brown, brought out that on the back of each was a place for the date, and for numbers of items contained on each sheet. There is also a place for the nota- tion of the entire amount of all the items on the sheets, Brown said.
 His testimony was that mot one sheet of the entire eight years (1930-1937) had been filled in" with reference to the certification on the back.
 Objection Sustained
 "Was it the duty of the auditors to zee that the numbers were placed in the places provided" asked AL corn. But defense counseps objec- tions were sustained.
 Almost everytime question was asked of Brown by Alcorn, Judge Inglis was forced to rule on de- fense objection.
 Concerning the certification on the back of the warrants payable sheets, Alcorn asked, "Was it safe- guard to honesty?"
 "Yes," was the reply, as Judge Inglis overruled objections.
 Space Never Filled In
 Mot in any case," was the space on the back of the sheet, for the notation of the amount of the items, filled in, testified Brown. He said that his survey of city records pert lined only to expenditures, dur ing the period of 1930-1937.
 Did you find any evidence o1 missing records?" asked Alcorn.
 "Yes, Sir" was the answer.
 Other Records Missing
 The witness, who has assisted Special Prosecutor Alcorn and other states attorneys in prosecution since 1927, said that vouchers, paid checks for 1930-1935 were almost all missing.
 At one time during his testimony about missing records, Attorney Crawford asked that it appear on tho record that Brown was reading from his report.
 Brown said that he wished ito take exception to MT. Crawford's state ment, that he was only referring to it."
 Book Ordered Marked
 At that point, Crawford asked that the book be marked for iden- tification, in view of his exceptions to it. Over the objections of Spe- cial Prosecutor Alcorn, who pointed put that 1t might get into the hands of the defense, Judge Inglis ordered it marked.
 Brown said that the incumbrance records, of importance to the book keeping system of the city had been examined by him. The books for 1930-1 -1935-36-37 are missing, he said, and the others are incomplete. He testified that 234 of the war rants payable sheets of 1930-35 are missing, and that the complete books for 1886 and 1887 are un- available.
 Number of Sheets Missing
 Percentages of the sheets miss ing for the various years were as follows, he said, 1880, 40 missing, 13 per cent; 1881, 30 missing, nine per cent; 1892, 28 missing, nine per cent: 1883, 76 missing, 18 per cent; 1885, 27 missing, 67 per cent. cent; 1885, 27 missing, 27 per cent "The sheets were deliberately distracted" he said, but Judge In- glis ordered the remark stricken. "What did you find with refer ence to the missing sheets?" asked Alcorn.
 Last of Single Group
 The witness replied that in al- most every instance the missing sheets were the last of a single group submitted to the meetings of the board of finance.
 "The significance" he said, would be that when the group of sheets was presented, only 8 few entries would be placed on the last sheet it would be almost all blank - and space would be available for subse- quent entries"
 WClC OAAC4C uAAy AAAAASdoAO&Ao VAA0e items were added after the meetings of the board of finance?" he was asked.
 His answer was affirmative. He said that the date of the sheets compared with the date of the entry would indicate whether the item was added prior or subsequent to the board meeting.
 Alcorn brought out that in order to remove a sheet from the warrants payable register, it was necessary to use key to open the loose leaf binding.
 Checks Paid Johnston
 It was at that point that Brown testified to the four checks paid to Johnston, and the fact that the sheets related to the payments were missing.
 When Alcorn asked Brown to trace" @ check for $7,327 80, Attor- ney Benjamin Slade asked that the jury be excused so that he could argue on the law involved in the etfrra1t r,rooaf,,ra