The Waterbury Democrat., 1939-03-11
Defense Stresses Point Purcell Did Not
 Report Irregularities To High Authorities
Witness Reported Mayor Hayes He Cm Conduct of Accounting Business Without Records Other Than Check Stubs Deposit Slips Under Attack During Atty. McDonough's
 Questioning

Donough's During the period of time in all these years, the irregularity or what you considered to be an irregular ity that you reported to Mayor Hayes was the $3,500 duplicate payment to a trucker. That's right, isn't it?
 A. Yes.
 o. After that visit which was in January 1880, you made no reports to other higher officers?
 A. No.
 Did His Duty
 Q. But all during that time you were receiving your pay from the city of Waterbury, you did your duty as public officer?
 A. That's correct.
 o. And you consider loyalty to the city of Waterbury as a public officer, that a report should have been made to higher officer?
 A. Yes.
 o. And though no reports were made, you received your pay-and you received your pay in cash, cur- rency of the United States or checks of the city of Waterbury turned into cash. True?
 A. Yes.
 o. At the time that other city employees were receiving script. That's true, isn't it?
 A. Yes.
 Q. You were getting your money in cash, and you weren't making reports of what you tell this jury were in existence?
 A. Yes.
 o. I noticed yesterday afternoon, do you recall MT. Crawfords walk ing to the witness stand here, and leaned on the desk in front of you, and showed you photostatic copy of an invoice in regard to food SUD- plies?
 A. Yes.
 0. You looked at it. After identi- flying the photostatic copy of the invoice, MT. Crawford then asked you whether or not purchase money order was issued after the invoice had been received and you said no. Do you recall that?
 A I didn't ask anything about a purchase money order.
 o. Do you recall denying-now be certain-do you recall telling this court and jury that no confirming purchase order was issued after the invoice was received?
 A. That is my best recollection.
 No Purchase Order
 o. You told the jury that there was no purchase ordered issued.
 A. That was based
 o. don't care what it was based on. You told the jury that there was no purchase ordered issued. Yes or No.
 A. Yes
 Q. And later MT. Crawford showed you a photostatic copy of pur- chase order. Didn't he?
 A. Yes.
 0. And then after you saw the photostatic copy of the purchase order, you then changed your testi- mony and said apparently there had been one issued. Isn't that true?
 A. That's true.
 o. Now, you showed this court and jury some private memorandum that you kept over period of years under the administration of MT. Leary, your superior as controller. Have you ceased keeping private memorandum of the public records of the city of Waterbury?
 A. That all depends on what you consider private memorandum.
 o. In the nature such as you kept during the eight years Leary was controller.
 A. Working papers, is that what you mean?
 0. Private memorandum. The working papers are public records of the city of Waterbury. Aren't they?
 A. That cannot be answered.
 o. Are the memos that you show ed to the pury that you kept in your personal file on the third floor in the city hall-were they the work ing papers or private memorandum?
 A. Some of them were working papers. Others you might call memorandum-yes.
 @. Well, what are working papers. Are they public records of the city of Waterbury, kept in the files?
 A. They're kept in the files, yes.
 Q. Are you keeping working pa pers today?
 A. Yes.
 0. Are the working papers you keep today public records of the city of Waterbury and kept in the pub lie file of the city?
 A. Yes.
 Keeping MemOrandums?
 0. Are you keping exclusive of the working papers, private memoran- dunn regarding the public records of the city of Waterbury. Are you so keeping them today?
 A. Will you show me what you mean by private memorandum?
 o. Any private memorandum at all. MT. Purcell, let me put it this way. Did you keep private memoran- dunn of items on them obtained from public records during Leary's ad- ministration?
 A. Yes.
 o. Private memorandum?
 A. There were Some-yeS. @. Yes. And some of those exhibits in this case today. Are you keeping such memorandum today under Mr. Rowland's administration? Will you please anwser the question, yes or no?
 A. No.