Imperial Valley press., 1929-07-03
STATE GAINS
new POINT IN
CILLETT CASE
Court Decides To Permit
Introduction Of Office
Records.

The state gained another victory
this morning in the trial of Sheriff
G. l.. Gillett now going on in supe-
rior court here when Judge A. G.
Finney overruled lengthy defense
objection to the Introduction of evi-
dence to lay a foundation to in
troduce evidence.
The attorneys for Gillett, Utley,
Nuffer and Horton, attempted to
keep District Attorney Heald from
introducing all of the checks, charge
slips, etc, as evidence to support the
evidence they expect to produce, or
in other words to lay a foundation
for same.
Harry Horton, in lengthy ad-
dress to the court, after the jury
had been ordered to retire, claimed
the introduction of all of the checks,
etc, was prejudicial to the defen-
dant and acted to force the burden
of proof on the defendant rather
than the state where it rightfully
belonged.
He stated it would be necessary
for the defense, should Judge Fin
ney overrule the objection, to cross
examine on each and every one of
the items inasmuch as only few
in proportion actually had any
thing to do with the case.
Judge Finney, in overruling the
objection of the defense, stated it
would be necessary 10. ALLOW all of
the items introduced as evidence to
lay foundation for the introduction
Of evidence inasmuch as it would be
impossible to segregate them and
therefore would allow the wholesale
introduction, ordering it so record
ed by the clerk of the court.
Charles Nice was the only wit
ness on the stand this morning, testl-
flying to Jail records. When he was
through District Attorney Head
then asked that all of the sheriff
records be accepted as evidence.
Jury Retired
Ernest Utley Immediately object
ed and asked that the jury be re-
tired while the matter was argued.
This Judge Finney allowed and Hor-
ton began his objections.
A verbal clash between Horton
and Heald enlivened the proceedings
when the latter inadvertly interrupt
ed the defense attorney. Horton
asked the district attorney to please
keep quiet while he was talking and
Heald apologized in a sarcastic man
per.
Incidentlv after the verbal eX-
change a smile was exchanged be-
tween the defendant and the dis
trict attorney, the first time since
the trial one had noticed the other
in the court room.
Admitting the entire records OF
the sheriff as evidence again com
plicates the situation, court obser-
vers expressed as their opinion to-
day. The defense, they said, would
undoubtedly fight any possibility of
these records except those pertain
ing to the ll5 counts going before
the jury, claiming they were lrreVe''
LIANT and not pertaining to the ease.
In fact, after the judge ruled,
the defense sought reservation
which was granted, which briefly,
would allow the defense to object
later to any admission of records
not actually pertaining to the counts
when brought before the jury.
Court adjourned. this afternoon
until Monday morning and all wit
nesses were allowed to depart to re-
port next week.
Former District Attorney Ernest
r. Simon, witness for the defense,
gained permission from Judge f1n-
ney to report upon receipt of tele-
graphic communication. Simon was
district attorney preceding Ernest
r. Utley, who is now defending
Sheriff Gillett. Head, the incum-
bent, followed Utley.