The Waterbury Democrat., 1939-02-02
Admitted Conspirator Confesses To Perjury
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 ments, as given by the witness be- fore the grand jury as compared with his testimony before the trial jury, Is quite Q common occurrence, He said that 1t is often due to nerv- ousness, lack of memory, or physical condition.
 "If ever case cried for the ad- ministration of true justice, this is the case" cried McDonough,
 Alcorn brought from Levy the statement today that Kelly had al- legedly warned Levy, when the in- vestlgation began, "If you talk, 1t will do you no good, for we will all be facing each other in prison cells.'
 Levy offered more testimony to- day concerning the receipt by him of cash, in return for signing his name to checks made out in his name, by Thomas P. Kelly.
 Levy said that Kelly, at the time of the start of the investigation told him that mo one knew of the split except Olsen, Leary and him- self"
 Signs Five More Checks
 This morning's testimony concern ing checks included admissions from Levy that he signed his name to five more checks than those named yesterday, each for 5000, and that for each transaction he received $2Oo0,
 The transactions were in connec- ton with the alleged workings of Kelly and Levy for the reduction Of lighting rates in the city of Water bury. Levy told Alcorn and the court this morning that the trans- actions, between 1880 and lo37, amounted to lover $l00,000" and that he realized about $22,o00, the rest being kept by Kelly.
 Bitter Arguments
 Bitter arguments developed pe- tween caansel again today, concern ing the Admission of certain ques- tions and statements.
 Twice Judge Inglis was forced to ask the jury to leave the coure room, while the arguments were carried on.
 while the jury was out the second time, while the arguments were made on the question of opening ot the minutes, Alcorn objected to the loud tone of voice used by Attorney McDonough.
 He said that the "jury might as well be In their seats as in the jury room" McDonough lowered his voice thereafter.
 Levy Back on stand
 Attroney Levy strode swiitly 70 the witness stand on recall by Spec- ial Prosecutor Aleorn as court re- stunned for the 26th session 9f the trial today.
 Reference to final questions asked yesterday, during which Levy testi- fled that he had indorsed cheeks amounting to sG8,00o aad reeelVea Silb00, the balance being kept py Secretary Kelly was made.
 Over the objection Of Attorney John Cassidy, Alcorn was allowed to ask Levy If he had seen any money paid to Olsen during ms conferences with Kelly ct the city hall. Leyy's answer was no"
 Saw Kelly often '
 Levy said that after late 1885 the next time he saw Kelly was the hrst part of ie3e, at the city hall in the mnyor's office. T would 90 here once a month or Ave weeks dur- ing that entire interval" said Levy, The appointment for that specihc yneetlna waa made by telephone, ne said.
 "fie had c check drawn to my order which he asked me to sign" was the witness statement. The check was drawn on the CitisenS bark-which bank Levy said no thought oil the cheeks were drawn conceming the check then un- der discussion, Levy said it was made out for slightly over so'0oo' and that after he indorsed It ne re turned it to Kelly. Kelly m turn gave 1t to Olsen who had brought the necessary currency rom the bank to the city hall, one-haf hour after the arrival Of Levy.
 TeIephoned Olsen
 Levy said that only once did ne hear Kelly telephone for Olsen af- fer his arrival ct city hall,
 "What did he bringp" asked AL corn. s currency" was the reply. Levy said that the envelope was turned over to Kelly, and retained by him. Ihe check was taken by Levy. :, How much did you get," askea Alcorn.
 "2000," was the reply.
 Tn A glib tone of voice, the wit" ness said that the next time he saw Kelly was later in the same year, (io3e). T believe 1t was July nc said. The appointment for that call was made by telephone.
 Cheek For 5000
 Here again, the check passed over was for 5000, the cash was brought by Olsen and Levy received S2,ooo. Levy said that he saw no part oi 1t given to olsen, and that Oisen left the city hall before Levy
 Later in the year, September or IJGVQuGEs abW 4Vhh seNseJI the witness. Again c 5000 check was issued and cashed Tn Levys name, and Levy received $2'00o.
 The packed courtroom became more quiet as Levy continued with his tale of check cashing and d. vision.
 Next Kelly Meeting
 His next meeting with Kelly was In February of 1887, he thought, and the same procedure followed, with him receiving $2,000 out of $9,- 900. Levy again said that no part Of the money was given to anyone else in his presence. The final of the long list of checks issued in his name and split by Kelly with him was in May or June of 1887, according to Levy. Again Olson was the money changer. That was the last" said the witness, who was dressed today in the same clothes he wore yesterday-when he