Imperial Valley press., 1929-07-16
Attorney Attacks
Heald's Motives
Continued From Page u

show things that fair audit would
not and could not have shown.
Elmer Heald knew that, Hor-
ton shouted, he knew what he was
doing when lie had that audit
made. -
Horton then went on to question
the statement made yesterday by
Heald that he had nothing to do in
bringing or filing the Indictment.
The defense attorney read testimony
from the grand jury room that in
dicated Heald had questioned Gillett
before the grand jury on the var
ious items in dispute and had known
that Gillett used money charged
against him in the indictments for
sctual expenses of the sheriff S of
flee.
Horton continued his argument at
the beginning of the afternoon ses-
sion and just before press time Er
nest U:lev appeared before the jury.
Utley's talk started in manner that
would indicate he intended to show
the district attorney was c0nversant
with Gillett's s activities and permit
ted them until pressed to take ae-
tion against the sheriff.
IT is expected that Heald will take
the rest Of the afternoon and pos
sibly part of tomorrow morning to
close.
Sheriff On Stand
Sheriff Gillett went ON the stand
Yesterday afternoon to testify to
his knowledge of various trans
actions in the sheriff 5 office ana
particularly regarding certain items
in the small Indictment which
charges him with failing to tnrn
over to proper county authorities
bail bond money, fines, etc.
District Attorney Heald was
halted several times by the defense
attorneys and also Judge Finney
for the manner in which he asked
the sheriff questions.
1t was al this time that the de-
Tense protested against the pres
ence of Mrs. Hazel Livingston, chief
clerk of the district attorn :
flee. who was taking Nel.., I'M
notes on Gillett's testimony. Mrs.
Livingston was allowed to remain
but left soon after the verbal til.
between the attorneys.
Defense Attorney Horton asked
Gillett among other questions:
elf you had your books and
records available and could check
them as to the items disputed would
yon, if you had found they were
incorrect, that is the books, have
turned over the money in DISPUTE.
The sheriff answered, 6. Yes
Heald then asked Gillett regard
ing certain $500 items which Were
called to his attention by the grand
Jury. The sheriff stated in answer
that he thought they had been but
was not positive.
Head: "They were called to yoar
attention by the records and the
papers shown you in the grand jury
room, were they not =
Gillett: .'You called my attention
to lot of different things
Heald: Don t you remember our
showing you three demands on tb
county and afterwards showing yod
deposit slips and receipts showing
you had received the money and de
posted it to your account ~
Heald Rebuked
.Gillett: 'You showed me thous-
ands of items-I do not recall these
three in particular.
Head: ''You would say they
were not shown you9'
Gillett: ..I would not
Horton, AT this point arose and
objected TO the manner in which
Heald was placing his questions end
was sustained by Judge FinneY
who remarked that he did not See
why Head should use the tone of
voice he did.
Cal Mousseau, county clerk WAS
then brought to the stand and
testified briefly to receipts and was
followed by County Auditor w. ID.
Carey relative TO the refunding of
certain moneys by the sheriff.
Monsseau identified the return of
fhe money offer filed in his office
by the sheriff, over the protest of
the district attorney.
Ernest Utley, defense attorney,
then asked for a short recess stat
ing the defense would finish its
ease soon after.
While on the stand Sheriff
Gillett stated he never had any in
tention of appropriating amy
money. had turned receipts ~
money over to Charley Nice, under
sheriff, with instructions TO turn
over what money was due TO the
county TO the county treasurer, and