The Waterbury Democrat., 1940-05-07

where there gre over 2b court. rooms, in . long while.
 A climax came when Attorney Kaufmann charged in opened court that COrbin was curslng at him under his breath and had been doing so continuously during the trial.
 Attorney Corbin dId not want to rest his case although he had no more evidence to offer he ad- mitted.
 "ff you haven't any more evi- dence itB q good place to rest your case," said Judge Grover MogcowitZ.
 Corbln objected to being pre- cluded from offering further tes. tlmony and did not. He said he did not have plans to produce ad- ditional witnesses or additional testimony, but said that he might have before the case ig finished.
 Judge Moscowitz then stated that he couldn't understand At. torney Corbin'S procedure.
 There's a lot Of things in this case that I can't understand too," said Attorney Corbln.
 Judge Moscowitz made no rui- ing as far as could be learned and the first character, witness for Horace E. Merwin, prominent Bridgeport banker, charged with Phillips and three other defend. ants in the alleged mammoth con- spiracy was called to the witness stand.
 Whether Attorney Corbin will Do permitted to put on additional testimony remains 10 be seen.
 The demand Of Attorney COrbln that Judge MOsc0wltz order . mis- trial after the judge had told Phillips tO answer . question "Yes" or No" and Phillips re- piled that he was and Judge Mos- Oowltz replied You are not" was enc cf the trial sensations yes- terday.
 Attorney Corbin asked the mis- trial or the utterance of the words claiming they were prejudi- cal. The judge denied the motion and an exception was taken.
 Another sensation during Mir. Phillips' closing day on the wit- ness stand was an attempt to have the sensational testimony, involv- ing T. A. D. Jones one of Yale's best known coaches, football players and alumnus stricken from the record. The motion was de- nied.
 It was whispered about the courtroom that Mir. Jones' private affairs were not the only ones in- vestigated by government agents as . result of testifyIng as char acter witnesses for Mr. Phillips.
 It was said the government agents were in Waterbury the day following the appearance of Wll- Ham J. Pape and Theodore Lllley as character witnesses, looking up their records. Both testified for the local broker and told of his fine reputation.
 If the agents did investigate they evidently didn't find any. thing wrong for no evidence was offered against the men.
 Connecticut reporters and some of the New York reporters, who worked on Connecticut papers and who knew State Referee John W. Banks when he was a member of the Connecticut supreme court Of errors and state superior court bench, were commenting on his fine appearance and his appar- ently fine physical condition. Jus tice Banks for years one of the real favorites among the Con- necticut judiciary was retired some time. ago when he reached the 70 year age limit. He testi- fled as a character witness for Horace Merwin.
 The words gesture, mystery" and "vagueness" were the verbal threesome used most often during the trial, except perhaps the "sOtt0 vOce" ones uttered under the breath of counsel and of course they couldn't be repeated here.
 Good old Noah Webster would have turned over In his grave if he could have heard the variation of definitions to the three words above given.
 The difference of opinion was greater than the difference be- tween the entire group of handi- cappers on the last race at Mar ragansett or any ether track.
 There wasn't even . concensus of 0pinicn offered in the verbal battle of definiti0ns.
 All the evidence in the case showed that nobody was keeping any secrets" so be careful who you tell your secrets to.
 The sixe of the financial deals involved or discussed staggered the uaemheFa of the gallery fo say