The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1935-11-15
PASTOR JOINS
PFAFF-HUGHEL
DEFENSE DRIVE
The Rev. Jean Miner Adds
Testimony to That OF
Is Ex-CuStomerS.
| TREASURER ACQUITTED
Robert B. Robinson, Cleared
by Court Order, Leaves
Trial Forthwith.

With District Attorney Val Nolan
protesting, 18 former customers OF
Pfaff & Hughel, Inc, today testified
to satisfactory dealings with the
firm in the Federal Court trial of
former officers who are charged
with using the mails to defraud.
Character witnesses also testified,
among them the Rev. Jean Miner,
Second Presbyterian Church pastor.
Introduction of defense testimony
followed directed acquittal of Rob-
ert B. Robinson, former treasurer
of the company, by Judge Robert G,
Baltzell. Similar motions for Walter
P. Pfaff and Myron M. Hughel were
denied.
Immediately Quits Court
Mr.. Robinson Immediately left the
courtroom.
It was in behalf of Mr.. Pfaff and
Mr.. Hughel that Mr.. Miner, one OF
the city's best-knoWn clergymen
gave his testimony. He told the
Jury that he knew both men and
that their reputation was good.
Through former statesmen Herman
H. Lauter and Charles j. Foster,
both of whom had testified pre-
viously for the government, defense
got into the record statesmen
meeting held April 8, 1885, the day
of the bankruptcy. at which a
merger with T. B. Burke & Co., in
vestment firm, was discussed. 1t
was brought out that through the
consolidation so per cent of earnings
we're to be turned over to trustee
for benefit of the creditors.
Holds Testimony Immaterial
1t was this testimony to which
Mr.. Nolan objected. He held it to
be immaterial.
I'VE are not charging here that
every customer of Pfaff & Hughel
was defrauded," Mr.. Nolan said In
a murder trial it is no defense to
argue that the defendant didn't
murder others or in the case of a
bank Tobber it can not be argued in
behalf of the defendant that there
were other banks he did not rob-
Judge Baltzell indicated he was
inclined to be sympathetic to Mr.
Nolans argument, but permitted the
testimony. A few minutes later
however, the judge threw defense
ranks into disorder when he ruled
that they could only have three
character witnesses for each de-
fendant
Yesterday Willett H. Parr .Jr., at
torney for Mr.. Hughel. moved for
mistrial after Judge Baltzell said
This is the worst I have heard in
this court"
Testimony of BOOkkeeper.
The judges remark concerned
testimony by Sanford Whitacre,
former bookkeeper of Pfaff & Hugh
ell, concerning transactions whereby
the firm is alleged to have proflted
at the expense of Mrs. Georgia Cros-
ley, indianapolis widow.
In many cases, her securities
were sold by Pfaf & Hughel to
other dealers several months before
the records showed purchases from
her by Pfaff & Hughel, and in every
case the transaction showed large
profit for the defunct firm, Mr..
Whitacre told the jury.
The deals were in 1881 and 1882.
Total profit to Pfaf & Hughel eor
the period was S87,78137, the testi-
mony showed
"A company wouldn't need many
customers like that. This is the
worst I have heard in this court, y
said Judge Baltzell.
Move for Mistrial
Mr.. Parr moved a miStrial on the
grounds that the statement was
prejudicial. Judge Baltzell would
not recognize Mr.. Parr and in
structed Howard Caughran, assist
ant district attorney, to continue ex-
aiming the witness
Mr.. Parr kept insisting on a ruling
and finally Judge Baltzell turned to
him and said:
Il don't want to have to warn YOU
any more, Mr.. Parr. Any motion
you make will be overruled."
Mr.. Parr sat down.
After the government rested its
case Judge Baltzell also overruled a
motion by Mr.. Hughels attorney to
exclude government exhibits relating
to specific counts in the indictments