The Waterbury Democrat., 1939-02-24
Eight Huge Ledgers Of NY. Records Admitted
icontinued trom Page D


 the letter from Johnston to the bank to court "in anticipation" of the defense strategy to make him uroye that the John s. Johnston named in the banks books was the same John s. Johnston, defendant.
 Brown stated that at one time he had seen Johnston write his sigma ture in the office of the Electric steam Sterilizer O., at New York. He said the incident occurred in the spring of 1885.
 Attorney HeaIey Queries
 sYou know, don't you" said At torney Healey quietly, "that MT. Johnston never was associated with the Electric Steam Sterilizer com- pany until July, 1936?"
 "No. I didn't" was the reply of the witness, who has been associated with Alcorn throughout the nvesti- gation and prosecution of the Wa terbury conspiracy case. All city records have been checked over by Brown and his associate account ants. He will be on the witness stand for many weeks identifying records soon, 1t is believed.
 James P. Purcell, chief account- ant in the controllers office, was prepared to take the stand again for the ninth consecutive court day, today. but Fox was called instead. Purcell remained in court, ready to go on again when called.
 Pages Admitted
 The pages from the bulky ledgers of the Colonial Trust Company, which until 1882, was known as the Hibernian Trust Company, admit ted as evidence today were as fol- lows:
 December 1, 1881, one sheet; January 14, 1892, to July IA, 1852, three sheets; July IA, 1882, to Jari- uary IA, 1933, three sheets; Jan- uary IS, 1883, to July 19. 1933, three sheets; July 19, 1883, to January l5, 1884. two sheets; January IS, to July 20. 1884, two sheets: June 30, 1884, to January IA, 1895, two sheets; Janu- ary IS to June 9, 1895, two sheets.
 A total of IS sheets from the ledger.
 Surprise Witness
 The surprise witness, John 8. Fox, A clerk in the Colonial Trust Com pany, New York, arrived at the court house before 10 o'clock in a taxi. cab, which brought him from the local railroad station. With the aid of the driver, he carried two huge bundles to the second floor of the courthouse, where they were turned ovH to County Detective Edward J. Hickey.
 FOX young, bespectacled, and at- tired in a blue suit, said he had been employed at the Colonial Trust Company for the past nine years. H3 said that his address Is 9326 43rd avemue. The bank, he said, was known as the Hibernian Trust Com pany until July, 1882.
 Before he was put on the stand, Alcorn explained to the judge that he wanted to examine him briefly, and that out of the convenience for the witness he would like to put him on the stand ct that time.
 Judge rnglis compiled with his re. quest to substitute Fox for Purcell for the time.
 Have you . subpoena requiring you to bring here certain records pertaining to John 8. Johnston?' questioned Alcorn of the witness. When the answer was in the af- ffrmative, Alcorrl asked the witness to produce the subpoena.
 Subpoena as Exhibit
 Novel procedure was then taken by Alcorn. when he asked that the subpoena be marked as an exhibit. Defense Attorney Patrick Healey, apparently puzzled by the request, objected that 1t was inimaterial and irrelevant. He agreed to have 1t marked as for Identification but not as an exhibit.
 'The gentleman's here," he com. mented--" and apparently has with him certain records or documents. T'.tails of why he came or may have come are irrelevant"
 Alcorn commented that he would be satisfied If allowed to read into the record the court at which the subpoena was Issued and the date of It's Issuance. Again Healley ob. jected.
 Judge rnglis said that it was per missible to bring out the fact that the witness had been subpoenaed, and had not come voluntarily"
 Attorney Healey said that rather then waste time he would agree to 6 reading of the date of the subs poena and the court Of issuance" He withdrew his objection that ex- tent.
 Have you brought with you cer- tain records of John s. Johnston2" asked Alcorn of the witness as the trial proceeded. The answer was in the affirmative.
 And will you present themq"
 r, answer, the clerk reached into a Small case and brought forth e sheaf of yellow papers. He also inc dicated to County Detective Hickey