The Waterbury Democrat., 1939-02-09

le sentence.
 put Hayes and Dunn in the con- spiracy2" queried MT. Murray.
 yesterday was the first time it came up, l think 1t was the first time," was the answer.
 Murray stopped Q moment before proceeding, then asked, And you'd been examined three times before the grand jury and once by MT. Alcorn before this jury and you never made such @ statement did your"
 T don't think SO"
 No Business With Dunn
 To his knowledge, Levy admitted that he had never had any business with Martin J. Dunn, never dis cussed the lighting situation with Dunn, never seen any money pass cd in the presence of Dunn, and never seen any money passed in the presence of Hayes.
 And yet you told the jury that Hayes and Dunn were in the con- spiracy," cried Murray
 "You had no personally know edge2" continued the defense law yer.
 "only what Kelly told me-" was the reply.
 T refer to what you said about Hayes and Dunn being concerned in the conspiracy to cheat the city osl the lighting project. Did Kelly tell you that?" asked Murray. Levy said that Kelly had not.
 Continuing along the same line of questioning, Murray asked: Did you tell the grand jury or the trial jury that you had conspired with Hayes or Dunn to defraud and cheat the city of Waterbury,"
 T did not" was the ready re- ply.
 Murray then asked Levy If he knew each of the other defendants, and If he had conspired with them to cheat and defraud the city of Waterbury. Levy admitted an ace quaintance with Q few of the other defendants, but denied know ing the others. Some he said he had never met and never held con- versation with.
 Admits Guilt
 He admitted he had pleaded guilty of conspiring to defraud the city of Waterbury of more than 6 million dollars.
 Lies which Levy told the grand jury about Mayor Hayes, concern ing the utilities contract, formed the basis for the larger portion of Mur- rays cross examination.
 At many instances, when Mur. ray compared Levys grand jury tes- timony with his present story con- corning the Mayor, Murray charged You were lying weren't you"
 The story of Levy's first trip here when he contacted Kelly or Leary about the utilities contract was res peated. Levy was not positive that he met Kelly first, however.
 Are you hay about it."
 Fairly certain" was the reply.
 The contract between Browning Inc. and the city, executed in 1882 was then exhibited and Murray asked, "On the face of this do you find anything dishonest or im- proper" The reply was No"
 Levy said that when the contract was executed he considered it as means of real service to the city, and that he started out with the intent of rendering real service to the city.
 Wasn't Asked
 With much difficulty, Murray ob- tained from Levy an admittance that he never let Alcorn know, on his first and second grand jury ap- pearances, that such a contract ex- isted.
 T don't think I was ever asked such a question:" he stated.
 His testimony before the grand jury showed, however, that he stated, "i had no written contract. He admitted having told Alcorn that there was no such contract in ex- istence.
 Levy said that before 1883 he hat thrown away all his files concerning the George Browning company. Ht said that he did not know that Browning himself had a photostatit copy of the contract.
 Further cross examination by Mur. ray proceeded with When you take an oath you take it with mental res ervations, don't you?" Levy said that he did not. Murray charged that when he went before the grand jury he had taken an oath and lied according to his own admissions.
 Agreement!
 "It was not a reservation not tc tell the truth-it was an agreement, was the reply of Levy.
 Levy admitted that he deliberately lied about Hayes in his early ap- pearances before the jury.
 He stated today that Hayes actu. ally did talk to him about the utili. ties contract in 1882 and expressed satisfaction with the work being done.
 Murray accused Levy of quibblinl with Alcorn over the existence O. the Browning contract. There als. developed a serious debate over thu terms "lies" and untruths. Whei Levy was asked if he lied he replied that his answer had been untrue.
 Do you make a subtle distinction between what is untrue and a lie? asked Murray.
 Levy admitted he lied before tn gyand jury with reference to al agreement that he was to be pais s7.600 annually for the utilities sur yey. He admitted that he considered the contract beneficial to the city, he denied having concealed tha fact from the jury.
 Admissions
 He admitted he lied to the jur, when he told them that in io3' Hayes and Kelly requested him ts remain in the employ of the city.
 Another admitted lie before tn, grnad jury by Levy was his state