The Waterbury Democrat., 1939-08-01

said, the warrants payable sheet: were introduced.
 Recalling testimony of James P Purcell, recently resigned deputy controller, and an employe of the controllers office from the earliest mcumbency of Daniel J. Leary, AL corn said that duplicate payment of $3,500 to a contractor was discover ed in January, 1880.
 When Purcell called the duplicate payment to the attention of Leary Alcorn said, nothing was done about 1t until in March, Purcell complain. ed to Mayor Hayes. According to Purcell's testimony, Alcorn contin- ued, in the presence of Hayes, Leary told him that he was running the office, not Purcell, and Hayes advised Purcell not to question Leary's integrity.
 Purcell's testimony that he had been told by Leary that certain people put us here and they have to be taken care of," was recalled by Alcorn. You're no politician ano you wouldn't understand" Purcell said he was told.
 Design Intent
 Referring to the incident of the $3,500 as occurring in the first few months of Leary's administration of office, Alcorn demanded of the jury, T ask you, if it doesn't show right in the beginning a design and intent to defraud the city of Waterbury,"
 Leary, by his actions, according to the testimony of Purcell, Alcorn continued, Showed he had no in- tent to put the money back into the treasury--but to take care of some- one who put him in office. A cor- rupt design if there ever was one"
 Continuing on his review of the testimony of Purcell, who was pre- sent at the courtroom today, Alcorn said that in May or June of 1880 he called attention of Leary to over- expenditures of appropriations. What are we going to do about it. what the hell can we do about it, we've got to have the stuff," Leary told Purcell, according to the record.
 And nothing resulted from Pur- cells complaints of over-expendi- lures, Alcorn said.
 Entering new phase of his ar- gument, Alcorn said, And along about that same time Levy came to Waterbury," He referred to Edward G. Levy of New Haven, who con- fessed to allegedly kicking back more than $100,000 to Alderman Thomas J. Kelly, under the guise of lighting contract.
 Referring to the first time Levy went to the Mayors office in 1880, Alcorn said, Lets examine that first meeting and see if he was ex- pected or not--or if 1t looks like an honest and routine business confer ence."
 Down To The Cellar
 He told the jury that Kelly, "al- most with abruptness' took Levy to Leary, and the latter, almost with out reply to the introduction" took both to the cellar, "Where they could talk better"
 Subsequently they went to the cellar, and there in large room, without chairs, and without formali- ties of courtesies due a visitor from a city official, Leary said he might be able to arrange contract with Levy if he kicked back one half of the proceeds.
 There was no reference to any necessity of conference with Mayor Hayes or approval of the board of Aldermen, Alcorn charged. Levy said he figured 1t was the regular way of doing business in Waterbury, and testified he was told by Leary to see Kelly for all future details of the arrangement.
 Survey Made
 A perfunctory survey was made by Levy, Alcorn claimed. And dur ing the same period, Alcorn said, small sums were paid to contractors, such as $2,900 to the Abrigador Digger, $8.500 to Frank Burns Santa lucia, and $497 to the Conner Co.,, for which vouchers were okayed by Thomas J. Fleming.
 In the same year, 5000 was paid to John 8. Johnston, charged to in- terest on floating indebtedness, for which apparently no services were rendered.
 Through the years the payments to the contractors and Johnston kept building up until they reached the top heavy stages of i935. 36-37.
 Although the payments were small that year. they showed the intent and design to defraud the city was there"
 Tn that year. Alcorn pointed out. a few payments were made without the approval of the board of finance.