The Waterbury Democrat., 1939-02-02

THOMAS T. McDoNoUGH ----- ------------------ no good, for we will all be facing each other in prison cells"
 At Q later meeting in New Haven, between Levy and Kelly, in an auto- mobile driven by George Horowitz, Q friend of Levy's, Kelly is supposed to have told Levy No one can harm you but yourself"
 At l2:i5, Special Prosecutor AL corn announced that he had con- cluded his examination of Levy.
 Court Is Resumed When court resumed, and Judge Tnglis ruled that the telephone con- versation could be admitted, he also refused to rule that he would in- struct the jury that evidence rela- tive to Kelly and Levy's meetings and conversations should apply only to certain defendants. The judge ruled that such developments would apply to oil defendants, Several lawyers took exception to the ruling.
 Levy, on questioning by Aleorn, then resumed his story about meet ing Kelly in the Press Club here on several occasions, How Rum0rs Started
 He said he was advised that newspaper publicity had started be- cause of some fellow in the con- troller's office. Levy said that he was told that 0 check with his name and the amount were printed in 0 morning paper, and that he was warned not to worry and not to talk If any reporters called him,
 He was also told, he said, that the only record available was the printed check.
 Atty. MeDonOugh Opens
 Attorney Thomas r. McDonough took over the cross examination of Levy by asking him questions con- cerning tho appearance of Levy before the Waterbury extraordinary grand jury, which discovered the situation which resulted in the prosecution.
 Levy admitted that he was first summons as witness the middle of March, and that he spent about Q day and c half of waiting before he testified before the i8 men,
 Attorney McDonaugh brought from him the fact that he was examined by Alcorn during the grand jury proceedings,
 Did you make contradictory statements before the grand jury" MeDonough asked.
 "Yes" said Levy, simply.
 'Did you make statements con- trary to those given on the stand in this triai9" he was asked.
 His reply was the same, in the same tone of voice, "Yes," Asks For Jury Minutes
 Immediately, McDonough disre- garded the witness and addressed Judge fnglis in Q resolute voice. I'll 1t pleases the court, ask production of the minutes of the grand jury concerning Levys testi- mony.
 He expounded that the supreme court has indicated that in such situations as this the grand jury's minutes might be made available to the defendants for cross examine ton.
 Attention to the judges ruling on the application of the defendants for permission to view the minutes last spring was also called by the fiery barrister.
 It Might Be Done
 Our supreme court has indicated 1t might be done and your honor has also said so," he said Later he read an excerpt from the ruling of Judge Inglis on the mos ton made last spring, Judge Inglis denied that motion at that time.
 Here is e witness who has admit ted giving testimony before the grand jury contradictory to that given before this jury" he shouted referring to Levy.
 The jury was excused before Me- Donough delivered his last trade, but they heard Levy admit that he had given contradictory evidence.
 Case Demands Justice
 "If ever there was case where public justice requires the opening of the minutes" he orated, "It is in the case of the state against Hayes"
 With all the vigor that can command" said the vigorous law yer, as he urged the judge to con- sider the injustice which would be done to "these men of family men of standing .. if the appli- cation for the minutes is denied"
 If Motion Is Denied
 He said that if the motion were denied, any possible chance of show ing the jury the differences in this witnesses testimony would be banished.
 "The worst injustice ever perpe- trated in legal history would be perpetrated on them," he said with reference to the g defendants.
 He called attention to the trial of the Hines case, saying that the transcript of the grand jury's min- utes had been read to the jury.
 In closing his arguments for the opening of the jury's minutes con- cerning the contradictory" testi- mony of Levy, McDonough referred to Levy as "the self-confessed con- spirator".
 Damaging Evidence"
 Defense lawyers argued more than an hour against the admission of