The Waterbury Democrat., 1939-02-03
Gruelng Examination Bares Leyy Career Before Jury

Jury, tOl0 yOu hpAAt WAUAl Ah1yO1le, (referring to several checls), he said, "No, Sir"
 Attorney McDonough asked him about that statement today, and he admitted that he made it. But" he continued, "that wasn't so."
 McDonough again urged Judge Tnglis to advise Levy to confine his answers to the questions asked.
 Judge Tnglis did so, and ordered the last portion of Levy's answer to be stricken.
 Secrecy Pledged
 The belief that ultimately" the transcript of Levy's testimony be- fore the grand jury will become public, through references by the defense counsel during the cross examination of him, was expressed by Judge Inglis yesterday, after he had warned the defense counsel that they must keep the transcript secret.
 Allowance to counsel to speak to their clients with reference to special sections of the transcript was made, but Judge Inglis warned that the transcript must be shown to none but the lawyers who had entered appearance for the defense.
 You don't want us to give it to the newspapers, of course," tested Attorney Cassidy.
 Judge Inglis granted the defense the right to view Levy's grand jury testimony yesterday. Whatever the technicalities," after Defense At torney McDonough had drawn an admission from Levy that evidence given before the grand jury was contradictory" to that given at his present trial.
 Dramatic Plea
 Attorney McDonough made a lengthy and dramatic plea for the right to view the minutes before court adjournd at o'clock yester- day. Judge Inglis reserves decision until o'clock when court recon vened, then in 8 verbal decision granted the motion.
 "New law has been made in Con- necticut," said Attorney James D. O.. Murray. "This is the first time in the state that grand jury minutes ever have been afforded the defense for the purpose of cross-examining witnesses on contradictory testi- mony given by witness under oath before the grand jury"
 In the case of G. LeRoy Kemp, who was convicted in connection with fraudulent deals of the Merritt Parkway, the trial court allowed the inspection of the grand jury min- utes before the start of the presen- tation of evidence.
 Judge Inglis denied the right of the defendants to view the Water bury grand jury minutes last spring, but at that time said that if the occasion arises where justice would require the opening of the minutes, such an order might be passed.
 15O Pages Tell Story
 Shortly after 2 o'clock yesterday, when Judge Inglis ordered Special Prosecutor Alcorn to turn over to defense counsel the Levy grand jury testimony, a recess was called, dur ing which time the Levy testimony was severed from the complete transcript. More than 150 pages are required in the Levy grand jury story.
 When court reconvened, MT. Al- corn called the official grand jury stenographer, Raymond w. Smith to the state, to identify the rec ords as authentic and complete.
 Attorney McDonough was made official custodian.
 Defense counsel asked for a half hour recess to study the details. of the transcript, but subsequently found that such time was insufi- cient for a thorough inspection. They thereupon sought the courts permission for an adjournment un- til this morning.
 Judge Inglis granted the adjourn ment, reluctantly, because he said he disliked to lose the time. He said he realized however, that in justice to defense counsel the ad- journment was necessary.
 Undisturbed
 Counsel for the state were appar- ently rnperturbed by the ruling which required them to turn over the Levy transcript.
 It is surmised that when other state witnesses-defendants take stand, similar attempt to gain the transcript of their testimony before the grand jury will be made. The defense will desire the transcript for cross-examination.
 George Horowitz of New Haven, 1t came to light yesterday, was @ witt ness before the grand jury. Repor- ters covering the grand jury pro- ceedings failed to check him as he entered the court house. It was dis closed yesterday that he drove Levy and Kelly about New Haven during one of their alleged conferences be- fore the grand jury filed its re- port.
 Throughout the arguments yester- day concerning the grand jury minutes, Levy either sat in the witt ness box or stood nearby. His an-' swers to all questions were given in the same dull tone of voice he used Wednesday when he first took the stand. Special Prosecutor Alcorn concluded his direct examination of him at 12:15 o'clock yesterday.
 The cross examination of Attor- ney Edward Levy interrupted dram atically yesterday by the petition of defense counsel to inspect the grand jury minutes was resumed shortly after court opened this morning, Attorney McDonough questioning.
 0. MT. Levy, I don't believe I asked you your age when you start ed to tesify the other day. How old are you?
 A. 40.
 0. How long have you lived in New Haven?
 A. I was born there.
 e. Lived there all your life?
 A. Yes.
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