The Waterbury Democrat., 1940-11-13
Chief Justice Under
 Care Of Physician
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also claims that the Browning con- tract on which the alleged conspir- acy was based was really legal; that the so-called corrupt agreement and conspiracy did not continue after May, 1882; that the motion to strike the evidence of Brown and Levy ought to be granted: and that the special Grand Jury's report and all the proceedings connected with 1t ought not to have been immunized from attack because this protection deprived the defendants of their constitutional rights, particularly due process of law.
 State Vague
 Tn regard to his claim that the state was vague in describing the precise ways in which O'Connor, Healey and Santalucia participated in 'the conspiracy, MT. Cassidy said that the defendants should have been informed when and where the conspiracy started, who were the original conspirators, what books of the city they destroyed and what false entries they made.
 Speaking of the testimony of Levy, confessed conspirator, MT Cassidy said that without Levy's testimony the states case collapsed. He said that Levy's testimony was uncor- roborated and that one conspirator alone cannot establish conspiracy
 Replying to the states charge that O'Connor, former corporation coun- sel. failed to keep a proper account of his petty cash fund, MT. Cassidy said that there was no proof that O'Connor was under legal duty to keep a permanent record of his ex- penditures for petty cash for eight years, or that he was legally obliged to preserve the vouchers for his petty cash.
 "Yet, notwithstanding (this fail- ure to furnish proofO the court charged the jury in support of the states claim that because he did not keep permanent record and did not preserve the vouchers they could conclude that O'Connor was a part ner in the eight year corrupt plan to rob the city of millions of dollars and that he was paid $29,687.13 as his share of the theft. What injustice was done by such a charge!" MT. Cassidy said.
 Speaking of Santalucia, charged with being a favored contractor and kicking back" part of the proceeds he received for imaginary services, MT. Cassidy said that the state must prove beyond a reasonable doubt that Santalucia furnished no trucks or services and that payments to him were made in pursuance of and with knowledge of the so-called 1880 corrupt Browning act.
 Claims Refuted
 Although the state claimed that no payments to Santalucia were ever approved by the Board of Finance as required by charter, MT. Cassidy said the states evidence was a ref- utation of its own claim. He said the evidence showed that in many instances Santalucia's payments ap- peared on the front page of the Warrants Payable Sheets and above the signatures of the Board of Fin ance.
 In regard to Healey, also charged with being favored contractor and rendering imaginary services. MT. Cassidy said that the state failed to prove that Healey was guilty of doing business under the name of the H. W. Connor Co.,, Inc, or cheating the city personally receiv- ing more than S35,000 for truck hire and services not furnished.
 The evidence, MT. Cassidy said, showed that the Connor Company owned plenty of trucks which it furnished the city, that all the city's dealings were with the Connor Cor poration and not with Healey, and all payments were made to the company and not to Healey.
 "The only evidence against Healey was the fact that he endorsed the checks as treasurer of the corpora tion," MT. Cassidy said. "There was no evidence that Healey profited personally by the payments made to the corporation by the city"