The Waterbury Democrat., 1939-03-17

of the Conn. Supply Co, under date of September q, 1886, a first statement which I will read--a document signed by Fruin and which, as I say, is in the possess sion of the trust office of the Wa terbury Trust Co. The under signed Francis Fruin gave John s. Johnston, 30 Rockefeller Plaza, New York, New York, the regis- tered owner and holder of certifi- cates for 10000 shares of common capital stock in the Electric Steam Sterilizing Co. of Baltimore Delaware Co.,; hereafter the stock which is duly endorsed in blank. So that Santalucia, so far, John ston, Leary, Olsen-and this offer of the check is but one step in the proof which I have attempted briefly to outline. Now, if your honor please, the business of the so-called Conn. Supply Co. is in- capable of being determined, but we are able to show through the medium of this particular check, the connection-and that is all that is necessary-to prove the conspiracy, whether it be true or not. It shows. the connection of the business. Now, in addition it appears so far, that Olson was appointed administrator of Fruin's estate. It appears that MT. Leary was at MT. Fruin's funeral. It will appear, and will offer the record of the probate court, to show or I'll do it with the wit ness on the stand or one Or two following to show that not only was Olsen the administrator of the estate, but will show when he was appointed; and we will show Santalucia's name as a creditor in the probate record for consider ably over a thousand dollars, and we will show MT. Leary's name as a creditor in the sum of $2,000, but after his death, they took possession of his estate. We will show that Fruin left an estate for different division, and there was left perhaps less than $40,00O, very little cash, some Diamond Ginger Ale stock, some Electric Steam Sterilizing stock. That is all that was left to be distribut- ed. will go over, your honor, the background of this situation pie tured, that your honor might in ruling the admissibility of this document, and show just what the operations were by this group, um- der the best evidence that we can have, the conspiracy that exists, the continuation of that conspir- acy that started in the basement of the city hall in 1880. The best evidence that we can have will be this check and we will follow it through and get the source of the money which was used to buy, as I say, 2633 shraes of the Elec- trio Steam Sterilizing Co.,, trans ferred to the name of Daniel J. Leary.
 Judge Inglis: Do I understand that you propose to offer evidence to prove that this check was used to purchase that 2,600 shares of stock which you find under the name of MT. Leary?
 Alcorn: That is exactly what we propose to show-that the check was used for that purpose or the equivalent of 1t. It will also appear, I think, that at the time that check was cashed in the Waterbury Trust Go. or paid, there was not sufficient funds in the bank to meet 1t, but nevertheless it was paid. I noticed the gentle man had something to say about the check in that respect, but ex- animation of the check will show that the check was paid. There isn't any question about that at all.
 Atty. Cassidy:
 It seems to me that the facts printed thereon are mere heresay, incompetent. and it does not es- tablish any part of the existence of a conspiracy. The whole story of the settlement of the estate of Francis Fruin-the application of its settlement for survivors and heirs, the inventory, supplement inventory, and bills presented in this respect-it seems to me that there is great deal of evidence there.
 Judge Inglis: So far as its being hearsay.
 Atty. Slade:-Insofar as those papers may disclose some alleged fact binding on any of the de- fendantS connected with this case, it would be merely a narrative of a past event, so far as that alleged fact may be material to the is- sue in question. In the next step, your honor will observe, the date of that decree was beyond the period that this alleged con- spiracy was terminated. How can 1t be said that because the pro- bate court, or any other court for that matter, because 1t happened to be a place containing docu- ments, would appear to have those papers bind on anybody would be hearsay.
 Atty Peck: <. It appears that this man. MT. Fruin, had 1900