The Waterbury Democrat., 1941-11-06

cluding the home of Mrs. Hayes.
 The state will allow the case to remain inactive on the docket, rec taining the right to resume litiga- ton against the defendant in the event that the claim goes unsatis- fled.
 Text Oe Request
 The text of Mir. Fitzgerald's rec quest follows:
 With the courts permission. . wish to make Q statement for the record in connection with Civil Docket No. 14l6l, "State v Ellen E. Hayes" because of the wide. spread interest that has been manifested in this case, in the press and otherwise. and also because the making of the. statement is necessary in order to record an understanding arrived at between the attorney for the defendant and the attorneys for the state In rec lation to the prosecution of this ace ton, and to the payment to the state on the defendants behalf of certain money to which I shall presently refer.
 This action grows out of the breach of a ball bond furnished to the state by Mrs. Ellen D. Hayes on behalf of Daniel J. Leary, a fugitive from justice, and is brought to foreclose judgment lien in favor of the state covering twenty-four parcels of Waterbury real estate owned by Mrs. Hayes. upon all of which there are mort. gages and other incumbrances in large amounts as well as tax liens In favor Of the city of Waterbury. The states judgment lien, al. though 1t relates back to the orig. inal attachment made by the state on May 3, l94l, in instituting ia action on the Leary bond, is sub. sequent to all other existing in. cumbrances on each of the parcels.
 Since March 2, 194l, Mrs. Hayes son, Col. Edward Seery Hayes of Worcester. Mass, has been man. aging his mothers properties, and at great personal sacrifice to him- self, has materially reduced the tax and other indebtedness out. ot0AAAAAA8 0bAAAAot bAAC RAOPGA bACSs
 For reasons which are not con. cerned with financial expediency, but with honor, Col. Hayes, who, of course, has nor personal legal obli. gation whatever in connection with the subject matter of this ac. ton, wishes to effect the payment of his mothers indebtedness to the state, and has borrowed upon his own credit, from sources which are fully known to me. and which have no connection direct or indi. rect with Daniel J. Leary, the sum of 420,O0, and this sum he has paid to the state as an initial pay. ment or account of the indebted. ness of his mother on the LsaTy bond.
 The purpose of this action, wGaeb is to collect the money due the state from Mrs. Hayes because of Mfr. Leary's default on the ball bond would, in my judgment, be defeated by a summary prosecution of this foreclosure in Judgment, principally because in all probabils ity, the states lien would be exc tinguished by foreclosure Of prio1 mortgages.
 Tn view of all of the circum. stances present in the situation particularly the position og the states Hen in terms of the other incumbrances, Hugh M. Alcorn and !, who are the attorneys reps resenting the state in this matter, are convinced that every epp0rtllv nity should be accorded col. Hayes 10 pay the large balance due t1 the state on the LeaEy bond and that he should be given all Of the time reasonably necessary n which to 60 co. We alG0 Seel that tho mos tives and attitude Of col. Hayes ia this case, and tho effort he ig making k0 assist his mother in her difficulties entailing as t does great sacrifices on hig part, enc title him to the states cooperation and confederation end reflect great credit upon him and upon his mother.
 And 60 GoR the record. the stata does not prop0ge to press this toEeelosure action to judgment forthwith, as it ordinarily would under the usual practice. but will allow the case to remain inactive on the docket. thus ct once res tainang every existing security the state hes for the payment of tho balance os the money due e it and permitting the defendant all Fea~ nonable opportunity Co Meulaate tI4fa EnfeHan