The Waterbury Democrat., 1939-02-01
Attorney Edward Levy Discloses Alleged Plot
tcontinued From Page D


 Q. Was it the same kindP A. Yes.
 e. What was said about the transactions?
 More objections--overruled.
 Kelly Had Printed Form
 A. Kelly had a printed form-he told me to make priliminary sur- vey of the city, and said, If you feel the city can benefit I'll have the contract drawn by the corpor- ation counsel.
 Q. Was anything said about the 50 per cent? A. Kelly was advised that the previous interview was satisfactory to the company.
 c. Anything else? A. believe we were given & list of the city's power stations for survey.
 Q. Where did you go then2 Back To City Hall
 A. We went to the Hecla pump ing station, then to another sta- ton, and back to the city hall abou two or three o'clock. | " WHeTS uiu you BOF
 A. To the mayors office to see Kelly.
 Q. Did you talk?
 A. Yes, Browning told him he thought we could accomplish excel lent results.
 Saw Kelly Weekly
 Levy said that he then went back to New Haven and Browning went to his home. From that time he said he saw Kelly two to three times week, and that the negotiations ultimately developed to a contrac, which was signed in July.
 e. Who prepared the contract? A. l don't know.
 Q. Did you?
 A. No, the City of Waterbury did. Contract Given Him July 1880 Levy said the contract was hand ed to him July, 1880 by Kelly, in duplicate form, and that he knew not how many were kept by Kelly hmiself.
 The copies were not signed im- mediately, but Levy went back to New Haven, he said and then con- ferred later with Browning.
 He said he subsequently, executed the contracts and returned them to Kelly.
 The morning session concluded with Alcorn saying to Levy, T show you what purports to be a photo static copy of the contract. Is It?J Before Levy could answer, Judge 1nglis adjourned court and allowed the jurors to go to lunch.
 City Clerk Resumes Stand
 City Clerk Fitzmaurice resumed the stand for cross examination soon after court opened. Attorney Crawford, armed with several books, stepped to the stand to in- | terrogate him. Fitzmaurice stated, when ques- toned by Crawford that there is nothing In the charter of the city requiring the use of the pin point check writer which was referred to so continuously yesterday by Special Prosecutor Alcorn during examination.
 He said that the machine was used as a matter of his own discre- tion--stating that as a matter of fact the machine had been in use before he became city clerk.
 12,O00 Checks Weekly
 He reiterated his estimate of yes- terday, that approximately 12,000 checks went through his office weekly, and that the checks to be made out were brought from the controllers office with vouchers. Many times, he said, he personally read off the checks to the subordi- mates, but at other times the work was done entirely by assistants.
 Concerning the signature which he supplied to the controllers office from which copy was made for automatic signing of checks, MT. Fitzmaurice said he believed his predecessor in office, Edward ODonnell, Republican had done the same thing.
 Signatures by Machine
 Fitzmaurice said that when the blank checks were brought to his office they contained the signatures or himself, Mayor Hayes and Con- troller Leary. He said he believed all signatures were put on by ma chine.
 DO you know where the machine was?" he was asked.
 I've never seen the machine" he answered. He added that the pay roll checks were not made out in his office.
 Crawford pressed forward on the matter Of payroll checks, asking, Do you have knowledge as to what the payroll checks would amount to in a year?"
 He Would Now
 q would now" replied the wit ness. He estimated, after considera- ble thought and assistance from Crawford, that the city employs between 2,200 and 2,50O workers. and that the payroll Is approi- mately l-4 of million dollars per year.
 "1 don't know just what 1t would be-" he added, meaning that the figure is not official
 Procedure of issuance of checks itiHhiNV NO Lllt iuNtllIlkO Ol lflt board of finance was next discussed when Crawford asked Fitzmaurice if checks for legitimate bills had been brought to his office between meetings of the finance board.
 "I don't know" was the reply
 You don't mean that checks only came to your office after the Board of Finance had metp"
 "That was the procedure"
 Clerk Elab0rates
 Fitzmaurice elaborated to the ex- tent of explaining that after board meeting--the next day or probably a few days later---the checks and vouchers were brought to his office for issuance. Sometimes 1t was within Q period of q week after he added.
 Were not vouchers made out