The Waterbury Democrat., 1939-08-22

AS COuII OPCIlCN JCoNCAduJ oApSA noon at o'clock, Judge 1nglis an- nounced his decision denying the motions to set aside the verdict. Immediately, Special Prosecutor AL corn was on his feet, requesting inn mediate sentence.
 He was interrupted, however, by Attorney Thomas F. McDonough, counsel for Thomas P Kelly, who had filed a motion for arrest of judgment, claiming that the court had no right to impose sentence, because of legislative action. He claimed that the legislature changed the law defining conspiracy during the progress of the present trial, thus repeating all previous conspiracy statutes.
 All other defense counsel made similar oral motions. Special Prose- cltor Acorn said the motion was obviously frivolous" and there "Was no occasion to make a reply. It should be promptly denied" he con- ttnued.
 Judge Inglis quickly denied all the motions. Previously he had an- nounced that Timothy Horgan, who pleaded nolo contendere, was found guilty by the court AS court opened at 2 o'clock, not defendant was in his seat, but all filed quickly into the courtroom as Judge Inglis directed the sheriff.
 Wins Request
 Aicorn won a request to arraign the defendants in groups, but Judge rnglis stated that he would hear all arguments before anonuncing any sentence.
 At 1:l7 D. m. by the courtroom clock, set at standard time. Mayor Frank Hayes, former Controller Daniel J. Leary, Carl D. Olsen and Thomas P. Kelly were led to the foot of the judges bench by Deputy Sheriff Christ Olsen. Deputy Sheriff Albert Francis and Supt. of State Police Edward J. Hickey stood near by.
 rOnly Olsen bowed his head-the other three stared straight ahead-as Alcorn charged them with being the four originators of the conspiracy and recommended that they receive the maximum penalty, 10 to IS years. The audience gasped and broke into a murmur until deputy sheriff re- stored quiet.
 aThe four were led back to their seats, after defense counsel had made pleas for leniency. Attorney James D. c. Murray said it was ''oarbarism" on Alcorn's part to re- uuess that sentence for Hayes. A. torney Josiah H. Peck said Leary was almost broke" and described Leary's struggle from early boyhood when he was the oldest of l3 chil- dren, to the present day.
 War Record
 Attorney Thomas F. McDonough cited Kelly's service record in the World war, when he was awarded the Distinguished Service Cross by the American government, and the Croix De Guerre by the French forces. And now he stands here to have something else pinned on him" !" said McDonough, asking that the
 
 than one to two years,
 "Tommy Kelly is broke" said he. Attorney John H. Cassidy argued as Carl Olsen wiped tear stained eye glasses, that all Olsen had done, was for the benefit of his bank
 sMartin J. Dunn, Philip Coppeto Frank (Burns) Santalucia, John S. Johnston, Corporation Counse Charles s. O'Connor and James P. Healy, were the next group.
 After giving brief picture of the alleged part of each in the con- spiracy, Acorn asked for sentence of to years and $500 fine.
 In the course of the defense of each, Attorney Cassidy, for O'Con- nor, said his client was ready to re- sign from the bar, and as corpora ton counsel of the city. MT. O'Con- nor himself, shaken and in tears, refused to comment, saying, you'd better see John Cassidy"
 George H. Kingsley, John w. Meany, Smon J. Alderman, Don- ato Pietraroria, Henry w. Minor, John G. Purdie and Thomas J. Fleming, superintendent of streets comprised the next group.
 Suggests Fine Also
 Meany sniffled as Alcorn advised the court of his and the others al- legged parts in the conspiracy to defraud the city of more than a million dollars.
 2. Alcorn asked that the court im- pose sentences of three to five years in states prison on each. Later he added that he also desired that 6 $500 fine be imposed.
 Williamson. Mackenzie and Levy were the next three arraigned. In a manner different from his previous moments, Alcorn explained the part of each in the conspiracy, but add cd At least they came before the court, acknowledged their guilt ana told their story"
 Williamson's attitude was differ ent from that of Mackenzie and Levy's but there was not question of his guilt, Alcorn said Alcorn added that Williamson's plea should have been one of guilt.
 Every court in the land recog- nizes some sort of consideration for telling a story" Alcorn said T think some consideration should be given"
 Despite their aid to the state, however. Acorn told the judge that he felt from the sart they should go to prison. He recommended terms of one to five years for each, and added that if Judge Inglis were to make a distinction that it benefit Mackenzie and Levy.
 Attorney Frank Wilder, asked a suspended sentence for Williamson Attorney William L. Madden said that Levy came to court with hs resignation from the bar in his pocket, ready for submission. He H4EIH -sNf