The Waterbury Democrat., 1939-02-08

Levy should have the testimonial book in the city hall, aside from c quest for & contract, Levy replied 1T the affirmative. The book, he said contained letters concerning worl which had beer done by the Brown. ing Go. It had not been obtained un' til after the contract was signed.
 Levy said that he often discussed such matters with Kelly. He denied having had the book when he frs entered the city hall and talked tt Leary and Kelly in the cellar.
 "The abruptness with which was whisked away by Kelly ant Leary left me no chance to show [ book" he said, supporting his state ment that he did not have the tes' timonial.
 Tn 0 sarcastic tone, Attorney Nc Donough asked the witness if he hat ever been scenario writer. "Dit you ever write plots or plays" h, asked the witness, with referenct to his story of being "whisked away. The witness had not been 0 writer he said.
 No Privacy
 "There was no privacy in tn, mayors office," said Levy wher asked why the meeting concerning the contract and the alleged spli, had been held in the city hall cellar According to Levy, Leary demanded that in return for the utilities sur- vey contract, Browning should res turn half of his receipts to Kelly.
 He said that Joseph St. Louis was in the room, and that there was also 0 young lady present. "There was no place in Kelly's office or in the waiting room where we could talk, he stated.
 At the controllers office, he said young lady was in the ofilce, and therefore there was likewise no pri- vacy there.
 Privacy was essential to them not to me-" he declared.
 T was just as surprised ct what happened as you would Do, MT. Me- Donough," said the witness as thu defense lawyer attempted to draw elaborations from him concerning the description of tho cellar room where the meeting allegedly tool place.
 MeDonough again waxed sarcas. tic as he drew from Levy tho ad- mission that the mayors office would be more private than the eel. lar, and that either the mayors of. flee or the controllers office coule have been cleared ct c word from either the controller or tho execu. tive secretary.
 It was ct this point that the ref. erenee to non-payment of income taxes by Levy arose again, and Levy said that his fears had been allayet by tho assurance of Hayes" that I would be taken care of. Would Take Care Of It
 The statement dwindied to or admission by Levy that no had beer assured by Kelly that Hayes woult take care of it" Under further cross examination, Levy denied tha, he had been assured of any assist anee from County Detective Hickey Some humor entered tho proceed. ings, when, as McDonough sought { particular passage in Q testimon, transcript, Aleorn offered assist ance.
 "The defense will wovk well with. out tho assistance of the state, commented McDonough, as Attor' ney James D. O. Murray handed him the proper volume.
 Aieorn retorted with c statemen that ho had on hand certain "tes' timonials aiso".
 "Yes," replied MeDonoush, "ant we have lots of stuff you don know anything about either"
 Again, McDonough made Levy uncasy with the statement that h, wished no hhd been present ct tht grand jury sepsion when Levy sait he was so sorry for having lied.
 T wish 1 was there to hear tht sound of your voice." he sait ironically. You felt bad, didn' your"
 Feeling Better
 Levy declared he felt better after his third appearance. "beeause was telling the truth"
 Ho admitted that when he took part in tho alleged conference ir the City Hall no deluded himself "beeauso wanted to make somt money" He accepted the term "greedyv which was presented by McDonough as appropriate to him
 Tn defense, however, he said, "rht fact that the taxpayers were robbed is not due to us."
 "Were tho taxpayers robbod'' asked McDonough.
 "Yes," the witness replied.
 Ho admitted that his friendshir for Browning today is only flair and said that they had separated in 1882. Money was the main reason for the rift, Levy claiming that he leaned money to the corporation and to Browning which was not TO. turned. He also said that Brown ing handled . contract for c Nov York theater without consulting Levy.
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