The Waterbury Democrat., 1939-03-17

conferred at length with Spe-
 cial Prosecutor Hugh M. M-
 corn and County Detective Ed
 ward J. Hickey. r. Davis and Bianch., New York brok- CTS. The check was identified by Jo- sepf P. Moore, an enploye of the Connecticut Supply Company, on the stand for the second day, on call of the state in the trial of g men charged with conspiracy to defraud the city of more than a million dollars. The check was ad- mitted.
 Check For Stocks
 The check was for .$5,675.00. AL corn, in the absence of the jury, excused by Judge Inglis at the start of the argument over the admission of the check, stated that this check was Waterbury, Connecticut money, that through Leary and through Olsen, and by means of the r.egotia- tions of Olsen, in return for that check, Daniel J. Leary received 2,633 shares of stock in the Electric Steam Sterilizer Co, transferred to his name, through the medium of Ol- sen, and that this money was the money that came from the city of Waterbury to the Connecticut Sup ply O., and thence on, in return MT. Leary got this stock
 AIcorn brought out the fact that the Connecticut Supply company kept no books
 To Defraud City In life they associated with Frlsin to defraud the city of Wa terbury," said Alcorn, but after decth they took possession of his es- state"
 He referred to the appointment of Carl Olsen as administrator of the estate-the fact that the admins tration papers showed Santalucia as a creditor for $l.000 and Leary for $2,OO0.
 He pointed out that of the s23j,- 900 paid to the Connecticut Supply company in the two years and three months that preceded Fruin's death, the estate left by Fruin amounted only to less than $40,000. Alcorn described 1t as little cash, stock in the Electric Steam Sterilizer com- pany, Diamond Ginger Ale com pany and Waterbury Brewing com- pany, left for distribution to the widow
 Acorn contended that the con- spiracy implicated Santalucia, John ston, Leary, Olsen and Minor.
 Uninc0rporated Concern
 He pointed to the Connecticut Supply company as an unincor- porated business organization. "The Connecticut Supply Co. so far as 1t appears was Fruin," he said. He referred to the payments as "the colossal sum of money"
 Alcorn promised to show that of a total of $l29,l 1851 paid to the Con- necticut Supply company in 1885, there was only deposited $28,330.79.
 Tt is the claim of the state that the Connecticut Supply company was merely vehicle-a medium used to defraud the city of Water bury. 5'
 "A former chauffeur for Leary- Fruin-," he said, twas placed in the position in l934-the Connecti- cut Supply company-which he is and on the very date he opened an account in the Waterbury Trust company he deposited city check for $425.00.
 History of Case
 When the history of this case is written" he said, "it will be no more than a foreward of the h.s- tory of the fraud perpetrated in this city,"
 The special prosecutor referred to a paper, signed by Fruin, under date of September 2l, l936.
 It showed that Fruin-in care of John s. Johnston-was owner of 10000 shares of stock in the Elec- trio Steam Sterilizer Go.
 The business of the so-called Connecticut Supply company is in- capable to be determined ne said, "but we are able to show through the medium Of the check, the l. nection of these defendants
 Tt was a continuation of the con- spiracy that started in the basement of the city hall in 1930," ne said.
 Frliin Estate Inventory
 The inventory of Fruins estate showed that he left only $26,00O.
 Attorney Benjamin Slade and other defense counsel objected to its admission, on the ground that it was only hearsay evidence. Alcorn con- tended that he desired to introduce the inventory to show the wide dis crepancy between the amount alleg- edly paid to Fruin by the City and the amount of his estate. "Of course he didn't receive it." he said, con- corning the large amounts of money. q Judge Will Rule Later
 Judge Inglis declined to rule to- day on the admission of the in- ventory. but said he would consider it over the weekend. Further argu- ments will be allowed on Tuesday, he said.
 when the jury was returned to the courtroom, upon the reservation of Judge Inglis' decision, Attorney Alcorn requested permission to tenn porarily withdraw Moore from the witness stand.
 This granted, he called Mrs. Rosemary Fruin, a native of Naug. atuck, widow of the late operator of the Connecticut Supply Company. She wore a blue hat, with high feather, and blue and grey en- Semhle. Under questioning, he