New Britain herald., 1927-09-26
DECLARE RECESS
 IN NOONAN CASE
Defense Counsel Objects to States EnbezZleIllent Testimony

The trial Of John J, Noonan, aged 50, of 17 Carlson street, former in- surance agent in the employ of the Metropolitan Life Insurance Co. of New York, on the charge of en- bezzlement, came to an abrupt end In police court this morning, when Judge William F. Nangan. defense counsel objected to permitting John M OHearn, district manager for the insurance company, to testify as to entries on books in possession of persons from whom Noonan collect ed money while in the companys employ. T am not making this ob- 1ecuon simply to be technical" he told Judge Roche. But Noonan in sists that he is innocent and can Tot stand by and allow MT. OHearn 10 continue unless the books are brought in. MT. O'Hearn has heon on the stand some time now, and he has made a speech telling what a fine organization his company is. and so forth. Now, before we have fin ished, we will show that his con- pany is not all he claims for if. We Will show something of this great system his company usee."
 Prosecuting Attorney J. c. Woods replied that if necessary he would subpoena holders of books in or1es- ton 10 come into court. eve will fill the court room if necessary" he declared. If you want some evi- denco, yOu will have it,' he said. addressing Judge Mangan. and the latter replied that Mir. Woods may find some Of the states witnesses before the court, also. There is such q thing as sHbornation of felony, you know" he said
 Mir. OHearn, who was showing Judge Roche certain insurance books whcn Judge Nangan made his objection, threw onto the judges bench a bundle of papers with the remark; Well, if you don't want to te technical there's some papers with his own signature right on them" 10 which Judge Nangan re- tcrtod that Mir. OHearn need not speak, until spoken to. Addressing Judge Roche and pointing toward O'Eloarn, Judge Nangan remarked: You can see this mans attitude. He apparently thinks he can run this court as he runs his insurance Of fec, but I don't think he can." As CHearn attemDted 10 reply Judge Mangan asked Mir. Woods to inform the witness 10 "be careful"
 After q discussion, it was decided to continue the case until next Mon day morning and in the meantime Judge Nangan and Mir. Woods will confer relative 10 books of the in surod. Mir. O'Hcarn will provide MT, Woods with 2 list Of the names Of the insured and through confer enca between the prosecuting attor- ncy and defense counsel much time can be saved, it was folt. Judge Roche observed that In the event of tho discovery of a single false entry a finding of guilt would be justified. and Judoe Nangan renloid that he had no doubt of his ability 10 con- fer with the prosecuting attorney in 2 manner that would be satisfactory 10 all concerned.
 Noonan pleaded not guilty 10 two counts under the statute on em- hezzlnment. He had been original " charged with one count, which was noled and two counts pre- forred. Mir OHearn, the first wit ness, testified that he became dis triCt manager for the NetroDolitan life Insurance Co. on June 27, 1927, and a few days later after an tn- spcction of Noonan's books had been made, it was discovered that there was a deficiency Of s1Sn.G3. He dition and Noonan admitted having knowledge of it, but said he could not explain how 1t had come about and he was not in a. position to pay 1t at that time. MT. O'Hearn sus- . pended hirn at once, he said. Later, Noonan inquired Of him the pro- codure to take to make restitution and Mir. O'Fnarn said he informed him that the insurance con0nanv was no longer concerned as the National Surety Co. had made payment on the bond and the matter had been placed in the hands of the authorl- ties for prosecution.
 On request of Prosecuting Attor- rev Woods, Mir. O'Fearn was ex- rlairine to the court the accounts handlnd by agents. when Judge Manean made his objection. He contcnded that any statement con- corning entries on books that were not in court was purely hearsav and therefore inadmieeihle. During the diecueeion that followed, MT. Woods asked O'Fnarn as to the number of accounts handled by Noonan and the manager said he believed there were about 250. "Wenl bring In every one or those people If neces- sary." Mir. Woods said.
 
 COLLIE DOC RITES SIX