The Waterbury Democrat., 1940-02-28
States Attorney Took Almost Half An Hour
tcmtInued FEun Pags ll

which sl1s admitted giving MT. En- lnls money from her cage, he said, without even getting an I. O. U- for it. He told the jurors that the voIrnR woman had testifhed that she had given AGr. Ennis money without | a check and received Hayes check fin the maiI next morning covering the money.
 sThat mail order business" said the attorney. He then called the iury;s attention to the fact that Coates had said that a person who would give out money from a cage without even an I. o. D. was "a fool" He said he did not think Mrs. Hessel was fool" but was merely doing what she was told to do by her boss MT. Ennis.
 Girls who work for SIS or SIS a week have to take orders from their bosses" he said.
 Attorney Wrenn then told the jury that MT. Ennis knew that Miss Cav- anaugh was holding up the Kelley check, involved in the case, for sev- eral weeks and knew that she must be having trouble making daily bal- ances to cover 1t but apparently was not concerned.
 He also told the jury that short ages had existed in other cages in the office other than Miss Cav- anaugh's.
 Miss Cavanaugh never took a penny and MT. Ennis knows it," said Attorney Wrenn in conclusion.
 Atty. Miles F. McNiff, Jr., Miss Cavanaugh counsel took up where Atty. Wrenn left off. He said that if the testimony of Coates was talk en out of the case that there would be no evidence to indicate embezzle- ment. He said there were plenty of witnesses and testimony concerning check stubs, etc., but that MT. Coates did not understand the situation !n the tax collectors office or learn what was going on.
 "There's nothing in this case to show embezzlement," McNiff said, The only thing shown in the case is mismanagement and oppor- tunity to mishandle.
 He said the situation was a terrible one in which to place a Yesterdays Summation
 "The state has proven that Miss Mary Cavanaugh is guilty beyond a reasonable doubt" declared States Atty. William B. Fitzgerald in the course of his argument to the jury yesterday afternoon. MT. Fitzgerald's argument was started at 4 p. m. and he had talked for 45 minutes when court adjourned until this morning when Atty. Fitzgerald continued with his argument.
 The starting of the argument was proceeded by rapid fire rebuttal in which witness after witness was rushed on and off the witness stand by the state. The defence rested its case shortly after court opened at two o'clock yesterday afternoon. The decision of the defense lawyers to rest came when Judge McEvoy overrled an attempt of the defense to place the recent report of Grif- fenhagen and Go. in evidence as a full exhibit.
 The states attorney mentioned the names of former Mayor Hayes and Thomas P. Kelly, Hayes former secretary, several times during the course of his argument telling the jurors not to be influenced in mak- ing their decision by the fact that their names had been injected into | RH{pS RNoyo 1anh'C NoCa
 The Real Truth
 Atty. Fitzgerald started off by saying that several issues having no bearing on the case had been injec- ted into 1t and that he thought 1t was high time the jurors got down to facts and had the real truth. To start with, Atty. Fitzgerald said, the state maintains that 1t has estab- lished evidence to show that there was a shortage of $2774.01 in the tax collectors office. He said 1t was not necessary to prove that the embez- clement took place of April 5 as the complaint sets forth or that 1t oc- cured on any one day and he added that 1t was not necessary to prove that every penny of the $274.0l involved in the embezzlement charge was taken.
 The states attorney then charged that the defense had tried to cre- ate this impression and by other procedure to produce confusion in the case. He then said he was con- vinced that the defense had no idea that the state would produce the evidence that 1t did.
 "Talk is cheap" said the attorney AS he again referred to attempts al confusion. He said that the defense had produced witnesses who have no connection with the case.
 There has been talk of Ennis tolc me to do this" and Tt was fol Hayes" said the attorney. but pay no attention to 1t.
 The state does not want to con. vict an innocent person the attor- ney next said.
 He then called attention to the testimony of Charles Coates, the states accountant and investigator who said thnt no matter how he approached the situation the respon. sibility for the shortage always pointed to Miss Cavanaugh in cage 3.
 All the shouting about Hayes and Kelly checks, he said, did not indi' cate that checks had anything to dc with the shortage with the excep- tion of an item of $7.19 it might have cost to carry the Kelly check through payment of penalties on bills held out to cover it.
 Fitzgerald once again referred tc the shouting O. the name of former Mayor Hayes, saying he hoped the jury would decide the case before il on the issues involved and not on speculation. He said that claims made by word of mouth should not be considered. He pointed to the fact that the accused had not testi- fled that she had ever seen Hayes in the tax collectors office. ] T9a oSkod tho ilIrv t0 consider