The Waterbury Democrat., 1939-07-24
KELLY COUNSEL
 FILES REQUEST
(Continued from Page D

admitted deliberate perjurer and many other things inconsistent with good character, and a person who has done and said many things in a manner such as to cause one to hesitate to believe the truthfulness of any statement that he might make to the effect that the alleged 'kickbacks' were made to the defen- dant for the purpose of defrauding the city of Waterbury"
 Levy is one of the two defendants who pleaded guilty to the conspiracy charge and is now awaiting sent- ef1ce.
 Inquire Into Character Judge Inglis is asked to advise the jury to inquire into the character and reliability of witnesses, insofar as their truthfulness carries.
 Tt is a generally accepted princi- pie of law" the requested charge continues, that an accused may not be convicted on the unsupported testimony of an accomplice."
 It would be improper for the jury to consider the fact that Levy and Harry Mackenzie of Bethel have pleaded guilty, the writ continues. Such pleas should bear no weight with the jury in reaching a conclu- sion."
 Has Admitted Perjury
 "The jury may properly consider, in weighing the evidence of Levy" the request says, "the admissions on his part that he has on more than one occasion while under oath, de- liberately lied and has admitted that he committed perjury" The re- quest also calls attention to Levys admission that he was expelled from Yale University for dishonesty and cheating.
 Attorney McDonough asks Judge Inglis to call attention of the jury to his claim that In considering "kickbacks" they should consider that the state offered no evidence to show that Kelly has any sub stantial effects which might have resulted from the alleged kickbacks.
 Fear of Prosecution"
 "The defense claims that if Levy did receive $7,000 or $8000 from Kelly during the investigation of the grand jury" the request states, "such sums were obtained by Levy from Kelly because of threats or fear of prosecution by the federal government against Levy for income tax violations.
 It points out that Levy testified that he was introduced to federal agents when called as 8 grand jury witness, by former County Detective Edward J. Hickey, and that fear of federal prosecution caused him to change his testimony.
 George Horwitz another state witness, Is the only corroborating witness for Levy, and he told of meetings, which by his plea of not guilty, Kelly denies. Horwitz is @ personal friend of Levy's, the re- quest adds.
 City Saved s125,00O
 Judge Inglis is requested to charge the jury that the city saved $l25 900 as result of the utilities survey con- tract, which was valid and approved by the board of aldermen.
 In conclusion, the request is made that Judge Inglis charge the jury that the evidence does not know that Kelly had any dealings or &C., quaintances or any contacts or transactions or knowledge of trans actions between the other defend- ants named in the information.
 No request for charge in the case of Mayor Frank Hayes has been filed as yet by Attorney James D. 0. Murray. It is not expected until next Tuesday.
 Cassel Request
 In his request for change. con- taining le paragraphs and five pages Attorney Cassel. asks the judge te charge the jury very definitely concerning the necessity of the state to prove a single conspiracy existed
 He asks that the judge state ts