Imperial Valley press., 1932-03-31
INSURANCE CASE
BRINGS OUT HOT
LEGAL WRANGLES
Attorneys Battle Over
Motion To Strike Out
States Evidence.

Increasingly tense feeling in the
Lewis Hart insurance stock trial
reached a sudden climax late this
morning as defense attorneys ar
gued in the absence of the jury q
motion to strike certain testimony,
and demanded that the district at
torney either produce further testi-
mony against two of the nine de-
PENDANTS or dismiss the charges
against them.
H. w. Judson led the sudden
counter attack by defense attorneys
with a motion to strike testimony
given Tuesday afternoon by H. E.
Browning. The defense counsel
contended corroborative evidence
has been insufficient to link M
Penn Phillips and William Leslie in
the asserted fraudulent stock sales
in Imperial Valley during the sum-
mer OF 1890.
Il is up to Judge Arthur L. Mum
do to decide at this time whether
there was conspiracy, and if SO,
whether M. Penn Phillips and Will
liam Leslie were connected with it
in any way, Judson argued after the
jury had been excused.
Should the court rule Phillips and
Leslie have not been connected by
testimony with the asserted frauds,
they should be dismissed now, the
attorney contended.
Judge Mundo finally overruled
| the motion, directing District Attor-
ney Elmer w. Heald to proceed with
his case this afternoon, but indicat-
ing further testimony will be neces-
sary to connect the two defendants
with the case.
Bert Bane also was mentioned in
connection with proof of the con-
spiracy charge. Had Judge Mundo
granted Judson's motion, testimony
affecting Bane would have been eX-
cluded, since Browning, former gen.
eral agent for the Associated Life
Insurance company in San Jose,
told of conversations between him
self and Bane regarding the stock
meetings presided over by Lewis
Hart to open sales campaigns for
stock in the Associated Insurance
Underwriters, Ire.
Browning testified Bane at one
time said Hart's meetings were not
exactly legitimate, but that he
| Bane, was in the clear.
Defense attorneys were growing
more bitter in their battle to refute
states evidence, with Ernest r. Ut
ley, Clarence B. Smith, Jacob Lie
herman and Judson taking a lead
ing part in the offensive. Their ef-
forts were directed chiefly toward
searching cross-eXaminationS and
numerous objections.
Testimony of Edward E. Hale,
BraWley insurance salesman, was
mentioned again today when the
district attorney expressed before
the court a desire to bring forward
further corroboratiVe evidence re-
lating to stock sales in Imperial
Valley, because, he said, defense at
torneyS had brought out on cross
examination that practically every
witness yet called by the state had
talked to Hale before taking the
stand.
To remove from the minds of the
jury any idea the testimony of
these witnesses was influenced by
Hale, the district attorney said, he
wishes to produce witnesses who
have not talked to the Brawley
salesman.
The unusual occurrence OF a wit
ness objecting to objections by at
torneys added a touch of humor to
this mornings session while w.
Bruce Young, now in charge of the
Associated Life Insurance company,
was on the stand.
Young was qualified as an expert
witness to testify regarding affairs
of the life insurance company, and
its connection with the Associated
Insurance Underwriters, Inc, in
which stock was sold here.
Young several times started to
explain his answers to questions by
the district attorney, and was halt
ed by objections. He finally reached
the point of objecting to so many
objections, and left the stand after
Judge Mundo sustained an objec-
ton by JudSon 70 certain of his
testimony.
That's what I was afraid Of"
Young said when one objection was
sustained.
E. L. Midgley of Riverside coun-
ty, corroborative witness who knew
of stock sales in Riverside county
similar to those here, was on the
stand at noon.