The Waterbury Democrat., 1939-08-19

cooperation they wanted from Borg naes was the sort of cooperation they got from any of the other &C., cused when they were struggling through these stormy days after the ! first of January and the meeting of the Grand Jury and looked fol many subordinates of perjury right and left.
 Probably Borgnaes would moi cooperate; probably Borgnaes tolc him if he came to Waterbury be- fore that Grand Jury he would tell the trurth. There isn't any doubt in my mind that he would tell the truth. With respect to the jury's finding, with respect to both Kings ley and Meany, both are as guilty as any of the other nineteen the jury had in charge, and as I have said over ard over again, this con- spiracy could not have succeeded without their active cooperation and the assistance that they gave to cover it up.
 Counsel Abused
 Now, 8 word about MT. McDon- ough's argument. Counsel for the State have been vehemently abused from practically the outset of this trial. Every witness that we pro- duced practically has received the same treatment from counsel on the other side. Almost unanimously and if your honor please, they have now extended their vituperation not only to the Grand Jury, which I think were composed of represen- tative citizens of this county, they have extended it now to the trial jury which believe to be repre- sentative citizens of New Haven County, and entitled to the public confidence of the people of this country and in the courts of this state. But 1t makes a difference whether you talk to the jury and they decide for or whether you talk to the jury and they decide against you.
 Mir. McDonough had as many eu- logies in his fine arguments to the jury as counsel for the accused as there were lawyers on the defense side of the case. And of all eulogies to the jury, I have never heard sweeter words pronounced than he pronounced during his argument to the jury. Then, he told them they were not selected by the State, they were selected by the accused to try this case. This is what he said. "The accused have the right under the constitution to select trial by court which is the judge, or a trial by jury, and let me remind you, says MT. McDonough, that it isn't at this table where the prosecution forces sit where it is elected to have you ladies and gentlemen or any jury pass upon the facts in this case. And will predict that if they had their choice they would not do 1t, and if the gentleman who is go- ing to close for the state wants 1t, I will ask him if he had a choice between the court and this jury or any jury for the trial of this case, would he select them? And If he has got the colossal nerve to stand up here and tell you that if he had his selection, he would pick a jury, hope will be able to restrain myself from laughing out loud"
 Faith In Juries
 Brilliant argument, if your honor please. T have tried cases against him" Che always says that in every easel but we--WE-- selected the jury" says MT. McDonough, Tommy Kelly's friend. We selected the jury and we placed out fortunes and the lives of our clients, and the lives of our clients families in your hands because we have faith in a jury of great men and women."
 Oh, that was Tommy McDon- ough's opinion of the jury-"his own selected jury, as he said. But when they said Guilty" in response to the inquiry of the clerk, then from then on, they were enemies of the state. have never listened to as bitter and vitriolic attack upon a body of men and women, summoned and sworn in to do their duty as I heard from the lips of MT. McDon- ough and from the lips of Patrick Healey. am sorry to include him in it, but he is in 1t. He should be ashamed of 1t, and I think he will be ashamed of 1t. But when heard him make hat attack on the jury, if your honor please, for doing their duty and doing it well, I at once recalled that he is entered in the records of this court as attorney for T. Frank Hayes.
 Well, let's see. They abused the jury; they abused the Grand Jury; they have abused the witnesses; they have abused the counsel for the state; and now, ask them, what help did they give the jury If they wanted 6 verdict in their favor?
 Tommy Kelly
 If. your honor please, an inno- cent man doesn't fear the witness box. And did Tommy McDonough put his friend, Tommy Kelly, on the witness stand? He did not. Why not? Abuse the jury because they found him guilty and he sat here for eight long months and he heard all the testimony against him. It