Arizona republican. [volume] (Phoenix, Ariz.) 1890-1930, 1919-12-06
JUDGE SCORES PAN
COMPANY CHIEF As
EVIDENCE CLOSES
TRepubIican A. P. Leased Wirel

IRepubIcan A. P. Leased Wirel
CHICAGO, Dec. THE case of 5.
c. Pandolfo, promoter and president
of the Pan Motor Car company of st.
Cloud, Mimi, and IL other officials OF
the company charged with conspiracy
to use the mails TO defraud, was given
to the jury at 1920 o'clock tonight.
The Jury retired after Federal Judge
Lands had spent an hour and half
in reading his instructions at night
session of court held to dispose of the
closing arguments.
Attorney George Peak for the de-
fense, waived the closing argument
on behalf of the defendants.
At midnight Judge Lands departed,
leaving instructions that should the
jury reach a verdict, it be sealed and
read in court at 10 a. m. tomorrow.
Judge Lands instructed the jury to
vote not guilty on the first five counts
against all the defendants and SINH
larly on the first five counts against
eight of the st. Cloud directors Chas.
D. Schwab, Peter Thielman, G. E
Hanscomb, bankers; Hugh Evans,
grocer: H. C. Erwin. Jr.; Postmaster
Fred Schilpin; Charles S. BunneH, a
L
ner, vice president of the company.
There were eleven counts in all, ten
of them alleging misuse of the mails
and the eleventh conspiracy to defraud
by use of the mails The sixth and
seventh counts were dismissed soon
after the trial began.
The judges instructions left all but
the sixth and ninth counts standing
against Pandolfo, Secretary John Bar
rift, Norman A. Street and George
Heidman.. Chicago patent attorney and
H. S. Wigla of Spokane, director
and former vice president of the com
pany; the eighth, ninth, tenth and
eleventh against seven of the eight st
Cloud directors and only the eighth
and eleventh against Ladner
CHICAGO, Dec. 5.-Evidence was
completed in the Pan Motor fraud
trial and arguments were begun today
Judge Lands refused motions by de-
fense lawyers to instruct the jury tc
find the defendants not guilty.
TT is only for the court to end the
prosecution where there is no evidence
at all against the defendant-not t
! puL HIS ONii liltti VI tld llOlt Ou SftQcilCt
which admits of two interpretations,
+ said the Judge, in the absence of tn,
4 jurors He continued that in the cas-.
I of S. C. Pandolfo, the evidence no
only made it uossible but necessar,
to convict him, in his opinion. He dis
| cussed the case of the other 12 de
PENDANTS. ending with the eight direc
/ tors of the corporation who live in ST
! - .;+ IL, IT,
/ plant.
L have a lot of sympathy for wha
you said about these eight men," h
| told Senator R. B. Brewer. "I am no
saying what | would do as a juror, bu
as a Judge I cannot dismiss them now.
"One thing I must say I cannot un
derstafd-tbat is the professions of en-
during confidence which these me-
have expressed in the author of a
this.
There is another thing I want t
say and that is that the affirmativ
willingness of the corporations to tax
/ Liberty bonds for its stock is not nice
I'll go farther than to say it isn't nice
1t is contemplate way to sell stock.
Ben Epstein opened the argumen
for the prosecution by outlining Pan
dolfos career in Texas and New Mexi
co. He held up his financial dealing
and said they proved him to be dis
honest. He said that in the early day
OF the Pan company promotion stoc
was given away for letters of recon
mendation.
Coming down to the resolution {
September Z, 1917, by which the direc
tors gave Pando1fo the spending of 2
per cent of the proceeds from stoc
sales, under their supervision. the al
torney charged that this was a pre-
meditated subterfuge to avoid troubl
with the Minnesota state securitie
commission.
There was session of court tonigf
in an effort to get the case TO the jur
tomorrow. Arguments on both side
are limited to six hours.