The Waterbury Democrat., 1940-02-29
Dramatic Scenes Are
 Enacted At Verdict
(Continued From Page 1)

Superior Court Clerk George H Freeman to the jury room to hunt for the exhibit. While Mir. Free man was searching States Attor. ney William B. Fitzgerald discov. cred the exhibit on the desk of the court stenographer.
 It was an envelope said to have contained a check, but the exhibit was not looked at, Judge McEvoy instructing MT. Freeman to take Il to the juryroom.
 Jury Is Recalled
 At 5:30 Judge McEvoy himself re- called the jury to give them addi- tional instruction. He told the jury in his original charge that if they found that Miss Cavanaugh was guilty they must state the amount of the embezzlement agreed on in their deliberation. He told the jurors on this recall, however, to disregard the instructions with re- gard to announcing the amount oi the embezzlement they found if any and said that when they returned with their verdict the foreman would say only Guilty" if they so found, and Not guilty" if other wise. The jury tben returned to the jury room and as above de- scribed returned at 6:22 D. m.
 Case Moved Rapidly
 The case moved fast yesterday prior to its going to the jury. As re- ported yesterday States Attorney William B. Fitzgerald and Attor- neys Maurice P. Wrenn and Miles F. McNiff, Jr., fought bitterly i'll their arguments to the jury to con- vince its members either as to the guilt or innocence of Miss Cav- anaugh.
 Atty. Fitzgerald dwelt to a great extent on the testimony of Charles Coates of Hartford, certified public accountant. hired by the state to investigate matters in the tax col- lector's office, when a shortage was discovered there. He told the jur- ors that Coates had testified that every phase of his investigation in- dicated that embezzlement was conn mitted in Cage 5 where Miss Cav- anaugh worked and pointed to Miss as the guilty person. The states attorney pointed out that MT, Coates had said: Tt is unacceptable that embezzlement was committed"
 Arguments were Firm
 The states attorney concluded his argument to the jury with the statement that there was no doubt in his mind but that Miss Cav- anaugh was guilty and should be found so by the jury.
 Attys. Wrenn and McNiff i'll their arguments featured the fact that testimony had been given in the case that hundreds had access to the cage in which Miss Cavanaugh worked and that others actually worked in the cage. They further featured the fact that the evidence in case showed loose caShing of checks and taking of money from cash drawers and that there was confusion in accounts due to the holding of checks They placed blame of the former tax collector, MT. Ennis, and claimed there was general, mismanagement.
 The Cavanaugh case made state legal history in that the case was decided by eleven jurors, 1t being the second time in the history of the state that a criminal case pro- ceeded with less than twelve jurors. There were twelve jurors and one alternate when the case started. First one juror was taken i'll and the alternate took his place.
 Then a second juror became i'll and after much deliberation, after Miss Cavanaugh requested that case go on with eleven jurors and asked that there be no mistrial, it was decided to continue with the ,ase. There was one woman on the ury.
 Facts Briefly Reviewed
 The facts in the Cavanaugh case Ire too well known to merit repeti. ion at length. Miss Cavanaugh | vas employed as cashier in the ,ity tax office from 1928 until April | of last year.
 She was arrested on a bench war. ant issued by Judge McEvoy on Ian. 20. te40 at the request of States Atty. William B. Fitzgerald, he charge against her being em- $2,774.0l of the funds of | he City of Waterbury.
 Miss Cavanaugh pleaded not guil- y and through her attorneys elect d trial by jury.
 Started s Weeks Ago
 The trial of the case started five | weeks ago. Considerable time was | aken in selecting q jury and then | he case started with the state at