The Waterbury Democrat., 1939-08-22

III CTllS way CIle CoSC ol pIl1lI- the appellants.
 added that Levys child was four years old yesterday.
 John H. Crary, Thomas A. Shan ahan and Timothy Horgan were the final three arraigned. Substantial jail sentences were recommended for Crary and Shanahan
 Horgan's case
 Alcorn took special consideration of the case Of Horgan. He pointed out that he had no desire to recom- mend punishment. He told the court that Horgan has son studying for the priesthood, and that 1t might be possible that the boys future would be affected if punishment were inflicted.
 He said he would be glad if the judge saw fit to grant a discharge.
 Judge 1nglis compiled by suspend- ing judgment indefinitely, which is the same as discharge and advising the clerk of the court that there is to be no record of the case.
 Horgan was the recipient of con- gratulations and handshakeS from other defendants, and numerous spectators, as he walked slowly out of the courtroom, accompanied by his counsel, Attorney John F, Mo- NDonough.
 Judge 1nglis adjourned court mo- mentarily at 6:20, but within few moments, announced that court would be in recess until ' o'clock.
 A few moments after 2 o'clock, he emerged from his chambers. An air of expectancy and tensity hung heavy over the crowded room. Out side the crowd, which had reached tremendous proportions, started a chatter.
 Doubt About Statute
 Judge Inglis, by way of general explanation, before pronouncing sen tenco said that at one time there had been doubt as to whether the statute of July l, 1887, or the pre- ceding statute should prevail.
 T have concluded that there is no question but that the 1887 statute controls" he said. Prior to 1887, the maximum penalty was only five years for conspiracy.
 It was continuing conspiracy, ac- cording to the jury's verdict, from 1930 through 1937. he added. But he pointed out that he was taking into considera ton the fact that three of the accused had taken part in no unlawful acts after July l, 1887 The three are Peters, Johnston and Mac kenzie. Peters and Johnston were given sentences of two to five years each.
 Judge Inglis chen ordered the de- fendants to stand and receive their penalties. They stood, solidly and grimly, shoulder to shoulder, in two long lines.
 Not sound was uttered, other than the judges voice, and a single cry of surprise from the audience. Even the mob outside was stilled.
 Notices cs Appeal
 When the sentencing was con- cluded, defense counsel made a sin gle move, placing on the desk of Clerk Freeman, notices of intent to appeal to the supreme court of er- TOTS. Incorporated in the notices were requests for stays of execution.
 Alcorn voiced strong objections to the motions for stays of execution. He sought to send those sentenced to prison away last night. He ques- toned the right of the court to grant the stays in the local cases. While 1t may seem presumptuous" he said, although it has been a long trial and the record is voluminous, you can search the record and you will not find a reversible error"
 Alcorn pointed out that Judge lnglis had guarded the rights of the defendants throughout the trial.
 T firmly believe there is no re- verSible error in this case" he cried He argued against the stays of exc cution, on the ground of delay, and said that refusal of the judge to grant them would hasten the ap- pealS.
 None of the men is entitled to that consideration at the hands of the court" he argued.
 Judge Inglis was of a different mind, however He commented that it is fundamental to the ideas of justice that a man is not only en- titled to have his fair trial, but that he is also entitled to have his case reviewed on questions of law by an appellate court.
 Stay Of Executions
 Judge Inglis continued that no man should be deprived of his lib- erty until he has had the right of appeal.
 If proper bonds are filed, I will order a stay of execution for each" he continued, as he asked Alcorn for suggestions as to bonds.
 Another gasp of surprise arose in the spectators ranks as Alcorn an- nounced that he wanted bonds of $l00,000 set in the cases of Hayes, Kelly, Leary and Olsen; $50,00O for all out of state defendants; and S25 900 for the remainder.
 Defense counsel termed his request "vindictive." Attorney James D. c. Murray said that even the present bond of S25 ,000 for Hayes was too much, and there was only one place he would remain, with his 80 year old mother, who is waiting for him at home now"
 No Adjournment
 After Judge Inglis had issued orders as to new bonds, he announce ed that he would set September IA as the date for filing formal appeals, and draft findings. Attorney Ben jamin Slade asked for an extension of time, but Judge Inglis replied