The Waterbury Democrat., 1939-02-09

O WAAVtC CAOu2 0V 4uk GO JNu 0A concerned"
 "Yes." was the reply. z ''Man of Authority"
 Peck went into detail with Levy about the meeting in the cellar tc arrange the utilities contract. Con- cerning the cellar conference, Peck asked, Did he (Leary) act like 6 smart business inan?"
 'He seemed to know what he was doing" was the reply. He added that Leary "acted like man of author. ity." Levy admitted that there were actually no witnesses to his sigma ture to the utilities contract of 1880 that he had signed it and returned 1t to the city officials.
 T think he (Leary) was more in- terested in the split, than in the terms of the contract" was another remark made by the state witness. Didn't the cellar trip strike you as if1elodramatic-like' plotters ii, the movies" Peck asked him.
 T was surprised" he answered.
 Levy admitted that during his first two appearances before the grand jury he told truths, half- truths and untruths." Tn all fairness" asked Peck ii, quiet tone, "how are we going to tell if your statements are true or false, unless corroborated."
 Levy didn't bat an eye as he re- piled, "Your client can corroborate some of them"
 Alcorn Objects
 Peck then asked, again in his quiet mood, "The mere fact that you say SO doesn't amount to much, does it?"
 Alcorn objected to that question and was sustained by Judge Inglis. Peck's cross- examination of Levy terminated when Levy said that he was not so much bothered about the income tax investigation as he was about the grand jury probe. Kelly told him that Hayes and Leary would take care of the income taxes, he said, and he knew that Leary was a big businessman and had good connections.
 In approximately 10 minutes, Att torney John H. Cassidy, counsel for Carl D. Olsen. asked Levy all the questions he desired answered in his cross examination.
 Cassidy forced Levy to admit that he could not recall the date he saw Kelly giving Olsen money, and also that he could not recall the amount. The alleged telephone call to New Hsyen, in which some one made a date with Levy to meet Kelly at the Press club. was also referred to. Levy admitted that he had not heard Olsen talk very much.
 Attorney Murray then took over and dealt unmercifully with Levy until Judge Inglis indicated the time for adjournment was at hand.
 Levy admitted that he had rep resented himself to Mayor Hayes as a reputed business man, and that never once had he indicated that there was anything nefarious about it.
 Telling The Truth
 I'm asking you now whether you're telling the absolute truth. Were you telling the absolute truth on your third appearance before the grand jury? On the first two occa- sions you deliberately lied and per- jured yourself and you came back to the grand jury and pretended to change your story. You did change VOLT story didn't vouo"
 "Yes," replied Levy, the smile gone from his face.
 Throughout the entire proceed ings yesterday it was apparent that the defense counsel were attempting to pin Levy to an admission that worries over the failure to file in- come tax returns were the reason for his making a clean breast of it." He denied that County Detective Hickey had promised him help in that respect.
 Levy's answers to all income tax queries are to the effect that "he was not concerned because he had been reassured."
 He admitted not filing any returns from 1930 to 1897. He said that he settled a claim for all those years last year.
 The importance to the defense of breaking down the impression of truthfulness which Levy attempts to give the jury, may be recalled from statements made in the absence of the jury last week when Attorney Murray characterized Levy's testi- mony as "damning and damaging in the extreme"