Imperial Valley press., 1928-09-22
DEFENSE SEEKS
new PROBE In
CILLETT CASE
Ends Argument With Plea
for New Investigation
by Grand Jury.

Stressing several points to uphold
its contentious that rhe indictments
and accusations returned by the
1927 Grand Jury against Sheriff {.
+. Gillett have failed to meet con-
etitutional requirements and with
plea to the court to have the en-
tire matter referred to q new grand
lurv for more complete inVestiga-
ton, the defense closed its argu
ment in Judge Finney 5 court at
noon today.
Attorneys for the defendant had
argued for more than "a hours,
pointing out defects in the form IN
which these documents were com
piled to uphold the motion entered
for the quashing of the indictments
and accusation.
The high points touched in the
hearing yesterday afternoon and
this morning included an effort to
show that some members of the jury
had expressed prejudicial views;
that in one instance Il count in the
theft Indictment accused the sheriff
of taking money belonging to a
: member of the grand jury and that
though the juror approved the IN
! dictment as a whole, he and other
Jurors were unaware that such COM
| plant WAS included in the indict'
ment.
This latter point was in regard to
! c. NJ. Macarthur. The complaint al
legged that the sheriff had convert
cd to a use not in line with the
duties of his office, certain amount
the property of c.. w. Macarthur.
Unable To Testify
On the stand the juror testified
that he did not know of such a
complaint and was unable to testify
that the sheriff had converted the
money to use other than that of
his office when questioned.
Using this as a basis, Attorney
Ttley of the defense, in his final
plea to the court, dcfied the dis
trict attorney to put any one of
the 400 odd persons from whom the
sheriff is alleged to have taken
money on the stand and bring out
testimony that the sheriff used the
money for any purpose other than
that of his office.
Throughout yesterday afternoon
Attorney Horton argued on the un
constitutionality of the accusation
He held that the indictments and
accusation do not allege facts OF
conduct of the sheriff which the
district attorney charges constitute
crime. Without these facts and
actions charged in the indictments
and accusation being. alleged, the
attorney contended, the defendant
is unable to prepare a defense. The
indictments and accusation are
therefore insufficient, he holds.
Declares Not A Crime
Should the sheriff admit all of
the charges as set forth in the in
dictments and accusation, he would
not be admitting commission of a
crime, the attorney declared, but at
best violation of civil right.
Among the witnesses summoned
to the stand were G. w. Macarthur
+. ID. Poore, foreman of the jury,
Alex Myers, secretary, and James
Scoffield. Through their testimony
it was brought out that two witness
es were allowed to appear before
the grand jury and enter testimony
without taking oath.
The indictments and accusation
were assailed from every angle by
three defense attorneys, Utley
Conkling and Horton, during the af
ternoon session and this morning
with Attorney Utley winding up the
defense argument with a strong plea
for the referring of the entire mat
ter to new grand jury.