Imperial Valley press., 1929-07-17
Charges Fly AS
Lawyers Argue
CONTINUED From Page ~

"Utley and Horton are fools if
Shey believe they can make you
think contrary to the evidence.
Every one of you is as smart of not
smarter than the deSense counsel
You can Judge for yourself whether
or not they are telling you the
truth.
"Charley Gillett took that money,
bis records show 1t, the numerous
checks drawn to himself prove it. He
bought membership in an organiza-
tion, his insurance for his automo-
bile was paid out of that personal
account. When l do those things the
money comes out of Heald s pocket,
no. the county's.
"'Why this record book of the
sheriff proves he was conversant
with every detail-he is responsible
as the head of his department-he
knew what was going on because he
had to know how much money he
could draw for himseif-checks like
$4,000, and for other amounts-one
was for a lot on which 90 build a
garage, l believe.
"The testimony of Mrs. Robinson
and Mrs. Garrett relative to tive
$500 bond items, shows you what he
did-he told them to forges about
them-he couldn t help but know
what became of the money.
1.-THE records are clear and even
Charley Gillett could read them II he
took a little time. -
Heald then went into the matter
of a $500 fine part of which was col
leeted and which the district a.tor-
nev claimed never went ON the re-
cords but which was pocketed by
the sheriff. 1t was at this POM
that Horton charged Heald with
misconduct.
AS the district attorney prepared
to read an affidavit in this phase
of the case, Judge Fnney announe'
ed an adjournment OF the morning
session.
Utley Berates Heald
The defense failed to complete
its arguments before the jury yes
terdav afternoon when Judge FIN
nev adjourned court at 4:lo. DE
Tense Attorney Ernest Utley hao
lust reached a point where he had
charged District Attorney Elmer
Heald should ask the grand jury tC
relieve him from office for allow
ing the sheriff to continue IN the
wavs of his predecessors when th'
Judge announced continuation un
til today.
Harry Horton, associated witt
Utlev in the defense of the sheriff
opened for the defense yesterday
morning and finished about 3 P. m
Utley then appeared before th'
Jury. Horton completed his argu
ment by reading a letter from the
sheriff in response to the demand
made upon him to return the money
alleged in the indictments that the
sheriff had illegally appropriated.
"We don't want sympathy, We
want pure ana unadulterated JUS
tice. that s all, - Utley opened hi:
remarks 10 the jury.
~ am here not only as the at
tornev for Charley Gillett but also
as his friend. | am tired of having
Charley called thief. | am tired
of Mrs. Gillett and all her fine
children being branded with the
stigma of her husband and theil
father being branded as thief.
am tired of having such monu
mental Injustice hanging over their
heads Utley declaimed, his voice
rising as he pounded on the railing
of the jury box.
"Gillett is honest. he has tried tC
make a good sheriff and his work
proves that he has succeeded. He
took office on January 8, 1923, but
before he became sheriff he took Z
job under Sheriff Applestill so that
he would be familiar with his job
That shows Charley wanted to
make good
"There is the man. Ctley
pointed to District Attorney Heald
"that should have asked the grand
jury ~ IfiIONf iipill VIII
if his statement that, ignorance OF
the law is no excuse, applies in this
case.
"There, the Watchdog Of the
Treasury sits, the man who allowed
40 of the counts against Gillett tC
occur while he was in office Was
he ignorant of the law that he al
lowed Charley to get away wifi
all that. If he was, then he should
ask the grand jury to remove him
from office as incompetent. -
The district attorney sat smiling
while Utley pointed his finger in
his face and when he left the court
room few minutes later he waved
his finger toward several of hi:
friends, grinning meanwhile.
The moment was one of the live
hest of the otherwise somewhat
dull trial. Even Judge Finney, who
has sat impassively for days, per.
mitted a look of interest to appear
upon his face.
Utley then started showing ex
hibits when Judge Finney stopped
the defense attorney and announced
he would permit Utley to finish
his argument this morning.