The Waterbury Democrat., 1940-11-12
Defense Attorney Persky Makes Charge
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of the City Hall got together with the Mayor of the City of Water bury and completely argued to hire Williamson and Mckenzie to lobby Waterbury bills through the Legis- lature; as that some truckers con- spired with the Controller to pro- cure members of the Board of F1- nance to sign warrants payable sheets upside down; or that the Reg istrar of Voters conspired with the Director of Public Works to procure some clerk in the Controllers office to send a bond interest check to a Justice of the Supreme Court of the United States with a lead- pencil number on it; or that Tax Assessor conspired with Harry Mckenzie to have some clerk in the Controllers office enter a legitimate payment to a former gov- ernor of the state on the warrants payable sheets subsequently, to the meeting of the Board of Finance; and so on ad absurdum.
 During the trial of the case the States Attorney continually desig- mated one or another of the accused as key persons in the conspiracy and states numerous shifts in theories of its connecting links between differ ent accused and its designation of key conspirators is proof of the un- substantial character of the case against the appellants,
 "In spite of these inconsistencies in the nomination of an arch-con- spirator the prosecution committed itself and its whole case to the the ory of one conspiracy and tried to tie together unrelated and separate actions.
 Another absurdity is the element of time. We are asked to believe that the conspiracy started eight years before the case came to trial and that it began when Hayes first went into office and continued right along through successive admins | trationS
 Strikes At Levy
 Touching on the part that Edward Levy, New Haven accountant who pleaded guilty and served a years term in New Haven County jail, Atty. Crawofrd said that the lighting contract he negotiated for the City of Waterbury stood up as a valid contract and that the state could not surmount this obstacle of valid ity. This contract, Crawford alleged today, was valid as to its terms and procurement and that manifestly a conspiracy cannot be predicated a egally-authorized contract which is valid in It's terms.
 The New Haven lawyer also spent a long interval in discussing the part the city's warrants payable sheets played in the trial and stated that any irregularities they showed were not good and sufficient proof of a conspiracy. He maintained that mo- where did the state show or prove that items on these sheets did not constitute a service performed or goods sold and delivered.
 He claimed that the city charter did not provide that signing of war rants payable sheets by members of the Finance Board constituted ap- proval of claims listed thereon. He said the states claim that this board was deceived by listing of claims on these sheets was not true and that the board attached no significance to the actual signing of their names on the back of the lists and even ig- nored the listed items.
 He concluded by stating there was no established routine in regard to the warrants payable sheets ard that signing Of Finance Board members names to them was never intended to imply personal knowl- edge or personal concern about the listed items.
 As he entered his plea for his own client, Alderman, Atty. Craw- ford pointed out that he had taken the stand willingly and submitted to crosS-eXamination He said he had given valuable services to the city of Waterbury and never re- ceived more than was due him What he received he placed in his own account or that of his partner ship and always acknowledged the same in his income tax returns, He never kicked-back to the city, said his counsel.
 Refers to Purcell
 Crawford also said that James Purcel, former city accountant who figured prominently in the loca conspiracy trial as star witness for the state, was aware of Alder mans value as an accountant ano worked with him on many occasions and gave him important data in his (Purcell'S own handwriting,
 None of the convicted men were in the supreme court building thi! morning as their appeals were called at l0:15 o'clock. Separate briefs were filed for each of them