The Waterbury Democrat., 1939-02-09
Mayor Had No Part In
 Splitting Pay-Off
Levy Denies Mentioning Mayors Name in Dividing
 Checks State Witness Witlstands Assaults

At the conclusion of his fourth day of cross-examination yesterday, Levy, the smiling 40-year-old New Haven lawyer and confessed con- spirator perjurer apparently re- mained unshaken in his story that he did split fees of $127,000 with Thomas F. Kelly, and that the Hons share went to''the latter.
 Four defense counsel shot ques- tions on ross-exafnination at him yesterday, Attorney Thomas F. Mo- Donough, Josiah H. Peck, John II. Cassidy and James D. c. Murray.
 The latter, counsel for Mayor Hayes, questioned Levy belligerently from late hour yesterday until the closing hour of court. In caustic tones, Murray addressed Levy as 8 liar and perjurer, demanding, Did you ever tell Mayor Hayes there was anything dishonest or dishon- orable about your connection with the city of Waterbury in the matter of savings on lighting?" The witness answered, No"
 Murray leaned against the jury railing as he demanded from the witness, "Did you tell Hayes that you had arranged to divide money with anyone connected with the. city of Waterbury in relation to this contract?"
 Again the answer was "No."
 Mayors Name
 The New York barrister accused Levy of dragging the mayors name into the case with reference to assurances that his incol.e tax worries were for naught. 'You went to Yale university and got thrown out of there for cheating didn't you?" Levy admitted he had.
 Under questioning of Attorney McDonough, Levy said that he had been given figures by Kelly to show that between 1880 and 1897 the city had saved about $125000 on elec- tricity bills as result of the surveys. He denied that it would be as much as quarter of a million dollars.
 A letter from Charles J. Allen, dis trict manager of the Connecticut Light & Power Company to Kelly was read into the record. It was a letter of praise md commendation to Kelly and his assistants, for their approaches to attaining reductions in the city's power costs.
 Levy said he believed the city is now saving approximately $3o000 annually on power costs. Levy claimed that in 1880 he had insti- tuted savings which effected the city hall $1038 annually the Bron- son Library, $554 annually, Crosby high school, $450 annually; Wilby high school $557 annually; Merri- man school, $94 annually; Croft and Clark schools, $280 annually; Bun- ker Hill school, $85 annually and Russell school $50 annually.
 Satisfied Customer"
 He cited instances year by year, in which savings had been effected. He admitted that he tried to get similar contracts for utilities surveys in Bridgeport, New Haven, Stam- ford. and Bristol.
 Levy stated that Kelly agreed to help Browning & Co. obtain con- tracts from other cities by allowing Browning to mention the city of Waterbury as "a satisfied customer"
 The name of Martin J. Dunn, for mer purchasing agent, was brought into the proceedings for the first time, but only in connection with testimony given before the grand jury by Levy. Testimony, which Levy later recanted.
 Questioned by Attorney Peck, Didn't you say that an arrange ment was made by which you were to receive a salary of $7.500 a year plus a percentage of savings?"
 Levy answered. "No. That is the testimony I corrected before the grand jury when appeared March 29. That is the plan that Kelly. Leary, Hayes, Dunn and Olsen had worked out and which I testified to at my first appearance before the grand jury but which I subsequent ly corrected"
 "so," said Pack, that is a lie out