The Waterbury Democrat., 1940-02-09

JAMES p. PURCELL
Star witness for the state in the
famous conspiracy trial present in
court today as witness for the de-
Tense.
question from Atty. McNiff that the
bank sheets would show the names
on checks which the bank dishon-
ored.
Atty. McNiff next put in evidence
bank sheets from the Citizens and
Manufacturers bank, the city's de-
pository. He handed the witness the
bank sheet for January of 1899
and asked If any check presented to
the city by former Mayor Hayes had
been dishonored. She examined the
sheet and replied in the negative
and made similar negative answers
concerning the slips for February,
March, and April.
States Atty. Objects
States Atty. Fitzgerald objected
when Atty. McNiff tried to intro
duce the bank sheet for May on the
grounds that the acts Of embezzle-
ment with which Miss Cavanaugh is
charged did not go beyond April z,
1889, and that other evidence con /.
corning May or later months was
irrelevant.
It was at this point that Judge
McEvoy excused the jury.
When the jury was recalled Judge
McEvoy told the members that the
discussion in their absence involved
the questions of pertinence concern
ing matters which we're to be pre-
sented to them. The 'jurist said that
1t was his desire that the jurors
should not be burdened with con-
sidering matters that were not alb
solutely pertinent to the case before
them.
Reconciliation Sheets
| Atty. McNiff then turned to the
reconciliation sheets Of the control
ler's office handing Miss De Bonis
the sheet for January, 1899, and
asked if any checks signed by for
mer Mayor Hayes appeared on it
and then presented sheets covering
the period from January to Apri,
Z, 1889. Miss De Bonis said that
the reconciliation sheets did not
show that any check of the former
mayor had been dishonored.
| The defense attorney then
asked If the name of the principal
would appear on the reconciliation
sheet and asked If she could tel.
whether the check had been signed
for the principal by an agent. She
said she could not tell as the sheets
did not show 1t.
| Asks About Checks
It was at this point that Atty. Nc
Milf, after a conference with Atty.
Maurice P. Wrenn, who Is associated
with him in the defense of Miss
Cavanaugh, started his questioning
concerning the checks of the former
mayors mother.
Miss De Bonis said that there
were no dishonored checks in the
Hayes name in January and Febru-
airy on the bank sheets and the con-
troller's reconciliation sheets. ~-
When handed the March sheets
she said that there was dishonored
check in the name of ELLEN E.
Hayes" dated March %, 1889, and
that the check had been deposited
in the city's account from the office
of the tax collector.
When the April sheets were pre-
sented Miss DeBonis said that they
showed a dishonored check Of $500
in the name of Mrs. E. e. Hayes, as
of April 4, and another for similar
amount as OF April 6. Both checks
it was testified were deposited to the
city's account by the office of the
city tax collector.
All Three Paid
All three of the above checks
were redeposited and paid.
The defense turned to new lire
of inquiry after the mid-morning
recess. The witness to follow Miss
De Bonis was Humbert Mangini, the
present Tax Collector. When he en-
tered the courtroom he carried sew
eral books from his Office which
were placed in evidence and which
he identified. Those identified were
the rate books 1928, 1880 and 1881.
These books showed property at
430 Lawlor street listed in the name
of Nellie Lawlor. He then identified
book showing a list of postponed
taxes covering the same property
These books showed, according to
the testimony, that postponement OF
taxes due on the LIawlor property
listed as of April IA, 1882 and pay
ment Of the tax on November IA
1888.
The property involved is that
which it is supposed that Miss Mil
bred Lawlor of the tax collectors
ofice testified yesterday she had Q
partial interest.
Miss Lawlor was asked yesterday
II former Tax Collector Ennis ever
abated any taxes on the property.
No Tax Statement
| Miss Lawlor replied in the mega
tive and said that the taxes on the
property were always paid on time.
A parade Of character witnesses
followed Tax Collector Manginl
These included several Of the sub.
poenaed witnesses above mentioned
Testifying were Chief Thomas
Cavanaugh of the Fire Department
who said he was not . relative Of
the accused girl but has known hei
all his life. He said that she n
his opinion was honest, religious