The Waterbury Democrat., 1939-04-21

tional purchase of 100 shares of stock of the Electric Steam Steril- izer Company and that account is still open with 400 shares.
 Judge Inglis: The ledger account of Fruin?
 Alcorn: The ledger account of Fruirl with respect to this trarlsac- ton. Now, then, we will show fur ther that there was a check for $619 on the fifth day of February, 1897. That Connecticut Supply Company check stub is dated the day before the 4th day of February, 1887 for $619. Now, we win also offer a ship ping letter on the day of the 30th of March, 1887; and we will also show signed receipt by Daniel J. Leary. Now, we propose to show that Lapham and Davis kept the 400 shares open in ledger account un- til March 30, 1887 when the 400 shares were shipped to Leary. Now, that was March 30, 1897 that those shares were shipped to Leary. Fruin died on February 19, 1887; and I suppose, of course, to show the transaction was merely a transac- ton in the interest of Leary, oper- ated by Olsen, and used merely Fruin's name and the Connecticut Supply Company-the money for which came from the City of Wa terbury.
 Attorney Peck: It seems to me that this is an attempt to show a lot of stock transactions which are intended to create prejudice against MT. Leary-Which are in- tended to confuse the issue before the jury-and which have no F op- CT relation to the questions involved.
 To Show Payments
 Judge Inglis: The payments made by the City of Waterbury to the Connecticut Supply cornpany-those have not been entered in evidence with those show payments made by the city to the Conn. Supply Co.,?
 Alcorn: We propose to show that during the years 1934-37 inclusive, there was a total of $294, ,773. .69 passed from the city of Waterbury to the Conn. Supply Co.,; and we will show that the Conn. Supply Co. actually did no business with any other individual or corporation. Your honor will remember that we already have in evidence the fact that Fruin was a chauffeur of the accused Leary right down to the time he entered in business of the Conn. Supply Co. Your honor will remember that I said and outlined the evidence that the Conn. Supply Co.,, was merely dummy for Leary and Olsen and the rest of them to get money out of the city of Wa terbury. Olsen was also admins trator of Fruin's estate. and part of this transaction took place after the death of Francis Fruin. Now, l call your honor's attention to the question you asked me when we were discussing this particular question whether the check should be- ad- mitted or whether it should not be. Your honor said to me: Do you propose to offer evidence which you claim to prove that this check was used to purchase the 2,600 shares of stock which finally landed i'll the name of Leary?"-and told your honor that was exactly what l proposed to do.
 Alcorn:
 This case is a conspiracy to de- fraud the City of Waterbury. This is only one phase of it. The Con- necticut Supply Company, we con- tended, was used by Leary to de- fraud the City of Waterbury. This is one form of proof to show that. We charge Olsen with being a cold conspirator with the rest. Now, we are showing that this is one form to cheat and defraud the City Of Waterbury. that is to say, money