The Waterbury Democrat., 1939-08-16


 Since November 29, 1888, the 20 men have been in attendance at the trial, on charges of conspiring to defraud the city of more than Q million dollars. Twenty-three ardu- ous sessions were required before the jury of 12 and two alternates were impaneled. Finally, the presentation of evidence started January 31, 1859
 All the pent-up emotion and strain which has accompanied the daily sessions of the trial = there have been 108 sessions - including today's = seemed to DC released in one gasp, as the doors of the court room swung open at about 10:16 this morning.
 For it was at that moment that the defendants, after a 13 minute session, rushed to the outer corri- dors, to await the jury's verdict.
 Judge Ernest A. Inglis concluded reading 51,000 words of his charge yesterday afternoon at 4:40 o'clock, after telling the jury that even Ii they found the city had been de- frauded, but failed to find the fraud resulted from single conspiracy, the 19 defendants must be acquitted Tt is not enough to find that the city was defrauded," he said. "If that is all you can find then you must acquit the defendants"
 Previously, Judge Inglis has ad- vised the jury to use common sense and their knowledge of human na- ture as standards in their delibera- tions. He told the jury to be cau- tious of testimony offered by four accomplices.
 When he excused the jury at 4:4O o'clock yesterday afternoon they filed solemnly out of the courtroom apparently realizing that it was the last time they would be so dis missed before their deliberations.
 Before adjourning court, Judge Inglis, who showed the strain of the lengthy reading of his important charge, questioned counsel on two points of procedure.
 His questions dealt with prepar- ations of the jury room, where the jury started their deliberations to- day.
 Packing Cases He asked Special Prosecutor Al. corn if 1t would not serve his pur- pose if only few of the 9o packing boxes in evidence were placed ir the tiny jury room. Alcorn agreed that six would be sufficient, ano deputy sheriffs trundled the six in. to the room.
 The deputy sheriffs used the same four wheeled cart which the state claims was used by the defendants i in carting the records from the city hall storeroom to the furnace for destruction.
 Next, under the supervision oi state and defense counsel, all othel exhibits were placed in the room to be guarded for the night by 2 deputy sheriff and member of tht Alcorn staff.
 It was suggested that an index o1 all the exhibits in evidence be giv. en to the jury, for convenience ir finding desired portions of the evi. dence. But defense counsel objected to the index, which was prepared by States Accountant Warren M Brown, when, after examining it they stated that 1t contained preju- dicial notations.
 An ominous air of tension per. vaded the courtroom as the jury filed out late yesterday afternoon And a hushed murmur flickeret through the crowded spectators.
 For on the 107th day of th' trial which opened November % 1888, involving city officials ant leading contractors on charges o conspiring to steal a million dollars the end was near.
 Judge Inglis gave the jury com plete resume of the charges of thu state and the replies of the defense concerning every one of the defend ants, from Mayor Frank Hays dowr the line.
 The jury was told that if 1t foune fraud, it might well infer that il could not have been committed bJ 8 single person.
 "Whether it was a general con- spiracy is a question of fact which you will have to determine on the evidence in the case" Judge Inglls informed the jury. Unless you find a unified general conspiracy existed you must return c verdict of ac. quittal."
 Judge Inglis adhered to the re- quests of defense counsel in telling the jury that even If they founc that the city had been defrauded and even if they determined that there were several conspiracies, they must return a verdict of acquittal Their verdict of guilty could only be returned, he said, upon their deter. imitation that single conspiracy existed.
 Single Conspiracy
 The jury should also determine. ir the event there was 8 single con- spiracy, which of the defendants took part in 1t. Judge Inglis in- structed the jury that 1t is not necessary for them to find all the defendants guilty. or all innocent It is possible to find two or more guilty and the rest innocent, he said. Continuing. he explained that the jury could find all, any num- Der, or none of the defendants guilty.
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