The Waterbury Democrat., 1939-02-10

1lreu anu WuH hkVeE SIX uuyS VI incessant grilling, but clinging to the story he told as Q states wit- ness, Edward c. Levy was excused from the witness stand ct 3:lb yesterday afternoon, only to be sue. ceeded by a very dear friend" George HorwitE, 40, of New Haven.
 Efforts of defense counsel to shake him from his story, involv- ing Thomas P. Kelly Carl D. Ol- sen and Daniel J. Leary in the split of $i27,000 "utilities" fees were in vain. Levy also implicated Mar tin J. Dunn and Mayor Frank Hayes, indirectly, by reciting what he was allegedly told by Kelly
 story Prepared
 That Hayes, Kelly, Leary, Dunn and Olsen would lie before the grand fury to corroborate Levy's fictitious story, which had been pre- pared by the same group concern. ing the legality of the "utilities" survey payments.
 When Levy retired from the. WY. ness stand he was excused, and VIII not have to return to court until the trial is concluded, unless ne IS recalled as @ witness. Having plead- ed guilty to the conspiracy charge, he will appear for sentence when the trial is completed and the other cases disposed of.
 Horwit2 Identified himself as . "contact man" between Kelly ana Levy, during the pre-grand Jury days, when Levy was worried aoout his income taxes"
 The name of Charles J. Allen, dis. trict manager Of the Connecticut Light & Power Company was brought into the proceedings yester- day by Horwitz, who alleged, on al. rect examination by Alcorn that Kelly told him to tell Levy, "Allen is with us."
 Upper Lip"
 Several other communications Dee tween Kelly and Levy, such as ex- hortations to have Levy keep a Stii upper Lip" and mot worry about his Income tax" were communicated by Horwltz. The contact man told of several meetings with Kelly, at the Elks' club, at the Press club, and at Mayor ayes private ofiice on East Main street.
 "Hello" was the only word which ever passed between Mayor Hayes a,d himself, Horwitz admitted.
 Collections of defense counsel re- strained Horwltz from identifying whenever Kelly meant when ne said, Keep Q stiff upper lip. The sVede Is going along fine" Fear. irR that he was being Sladowed ana that his telephone lines were tapped, Kelly called him several times un- der the name of "Rosen" from Q public booth, according to Horwitz He referred to their meeting places as "one, two and three"
 The meeting of Horwitz with Kelly at the Mayors office was des- cribed as follows: ., .
 "Wcll," the witness said, "it was like Q tenement flat. A hallway witn rooms of the sides, both sides. ! think he took me in about the third room down on tho right"
 "What happened when you got in-
 .We sat down and talked about MT, Leyy's income tax. He tkellyl told me to tell him he shoule not worry about that, I had found out from Mir. Levy the name or the men he was supposed to sec in Hartford, 1 think MT. Levy men. toned MT. Hurney--f don't recall there were two others. And told him about it and he said somethlhg about Well, I don't know them but maybe tho Big Boss does.'"
 Acted Nerv0usiy
 T said, "Weii, I don't know. Ed' (Ieyy) Doesn't talk much but he acts kind of - very nervous And he (Kelly) "said, well, he has got nothing to worry about. If we cant do anything with these fellows, we will 20 over their heads"
 Horwitz continued: While was talking to him, somebody came in and no walked out. He stayed out for a few minutes later MT. Hayes came into the room, passed by thc desk, looked ct me and said 'Hello. and walked into tho other room and then walked back again. And c fow minutes later MT. Kelly ,eafne ana said You go back and tell Nd every thing will Do okay.'" .
 HorWitz said Kelly told him: VI am going to Hartford With Mr' Hayes, He said to sec some men LID there in the tax office who made out MT. Hayes's income tax report and that everything would be okay' l was to get in touch with that man when me and Levy went to Hart. ford. He (Keily) said nc was driving up tho next morning with MT, Hayes and that everything would DO okay, get I'd right ID there in tho afternoon and no wouldn't have anything to worry about"
 Protests Made
 The meeting at the mayors office was held after Kelly failed to Keep an appointment with him at tho Anchor Grill, Horwitz stated.
 Most of his story, including C telephone cali from him to Kelly, was told by Horwitz over the stfeiiii' o,is objeC ''ons Of defense counsel. Hc sat nonchalantiy in the witness chair unruffled by tho dramatic story he was telling.
 rho only time he changed hls expression was when counsel bats tied over the admissibility Of certain statements. During such arguments his gaze licked from one speaker to tho other, and then to Judge Inglis 10 await the ruling. Even the jurors were smiling broadly at one stage Of tho "objectionsv voiced by counsel.
 Horwitz pointed out Mayer Hayes fin tho courtroom at the sequest Of Alcorn as "The first gentleman there alongside the pie Of coats with tho hat on top Of it"
 Describing the meeting at the Press club, at which ho was given . package about the size Of ( clay