Harrisburg telegraph. [volume] (Harrisburg, Pa.) 1879-1948, 1919-01-09
BRETT INSANITY
PLEA Is SWEPT
BY THE COURT
Witnesses Tell of Financial
Transactions in Disbar-
ment Proceedings

Witnesses who testified in criminal
proceedings or who will be called in
trials to be held later were among
those sent to the stand to-day to give
evidence against Harry NJ. Bretz,
bankrupt lawyer, in the disbarment
action against him, being heard by
President Judge George Kunkcl and
Additional Law Judge S. j. NJ. Nc
carrell.
Franklin Fl. Wertz, one of the wit
nesses called, has brought four
charges against Brett in criminal
court, alleging embezzlement as at
torney. Mr.. Wertz. on the witness
stand to-day, said Bretz received ST.
0O0 in four instalments, to be used
a spart payment on a mortgage, but
the lawyer kept the money. Wertz
denied he ever gave the attorney
authority to invest the money in any
business. lie also explained he had
given $4,000 to be invested in a
mortgage. and that the investment
was not arranged satisfactorily.
w. II. Windsor, the first person
10 prosecute BretZ, was called later
ana told of his payments totaling 81.
O0O on $4,000 mortgage held by
MRS. Lucy Early. He said he even
tually learned Bretz had kept the
money. In order to satisfy the mort
gage he was Compelled to nav the
Sl'0Oo a second time. In both cas- IS
the witnesses said Bretz admitted he
had received the money and made
some explanations and promises. but
oid not pay 1T back or use it for the
purpose when paid him.
Other Charges Heard
Othef charges against Bretz as
presented in the disbarment petition
were taken up in order during tnc
afternoon session of court.
ElIorts to prove that Bretz was
elther insane or in such a condi-
tlon or mental arrangement that he
could not be present in court to con-
uuct d uetense or assist in prepar-
ing II, 1ailed when late yesterday af-
ternoon Judge Kunkel directed the
committee of the Dauphin Countv
Bar Association to call witnesses in
the disbarrment proceedings.
after hearing witnesses called by
bretzs counsel, and two physicians
ana an attorney called by the bar
committee, Judge Kunkel remark
eu: III anyone were to be con-
sldered insane on the testimony Of
ferod here this afternoon, then we
would all be insane" The court
then directed that witnesses should
be called to present evidence to
support allegations made in the
par association petition.
Mrs. Sarah A. Bretz, wife of the
bankrupt lawyer, was the first wit
ness called at the afternoon session.
she said that her husbands disposi-
tlon changed remarkably since last
september, that he had fits of tenn
per put was never violent, and also
seemed to be childish. She told the
court she did not think he knew
where right ended and wrong be-
gan," and did not believe from state
ments he made to her, that he
thought any of his business transac-
tons were illegal.
Miss Laura NJ. Bretz, a daughter.
was called and corroborated state
ments made by Mrs. Bretz. adding
that her father formerly had al
ways treated members of the fam
lily kindly, but now was disagreeable
and seemed to suffer from inertia.
other witnesses called were the Rev.
DR.. e. A. Pyles, a brother-in-law of
the lawyer; ex-senator Franklin
Martin, of West Fairview, his faith
er-in-law, and John Fulton, of the
Bethesda Mission.
DR.. T. S. Blair and DR.. V. Hum
mel d5eT were the TWO physicians
called by the bar committee. The
latter had been called to the Bretz
home on Monday to see both Mr..
and Mrs. Bretz, and yesterday went
with DIR. Blair at his request to con-
duct physical and brief mental ex-
animation, of the attorney.
Both doctors on the stand said
that he appeared to be capable men
tally of comprehending and answer
ing all questions sensibly, understood
the purpose of the visit and told
them he was both a prosecuted and
prosecuted man." They said that
in their opinion he was able to be
present in court, but might break
down under a severe mental strain,
such as a grilling cross-examination
on the witness stand in a court
proceeding such as the one being
heard.
George L. Reed, another member
of the court bar, said that twice in
the last few weeks, the last time on
Thursday, January 2, Mr.. Bretz was
witness in q case heard at Car
Isle, and testified and answered
for about three hours without any
evidence of exhaustion. Mr.. Reed
continued that all of the questions
asked Mr.. Bretz were answered sem
sibly, were relevant and some of
them required him to recall incl
dents which happened from five to
ten years ago.