Imperial Valley press., 1935-11-08

Marvin Morris, 20. about the rob-
berry an hour and half previously
of the Bonds Corner store.
Joe Proscal, Nulls Son-in-law, was
the first witness called by D, H. VOL
ford and R. I. French, deputy dis
trict attorneys, after both state and
defense had agreed upon II per-
sons to form the jury, and one alter
nate in case of illness in the jury.
Proscal's testimony came only after
a heated debate among attorneys
yesterday afternoon relative to evi-
dence linking the defendants with
robbery of the Bonds Corner store.
A. C. Finney, H. H. Myers and
Charles Provence, defense counsel,
sought unSuccessfully to bar rob-
berry testimony on the grounds it has
no bearing on the murder charge
Superior Judge Vaughn N. Thomp-
son overruled the objections.
Further defense strategy was
barred when attorneys, In opening
statements to the jury, declared that
attempts will be made to prove that
Null, when he walked up to the stol-
en- automobile in which the bandit
trio had driven to a service station
northwest of Holtville, had been
drinking, and was unsteady"
Self defense will be pleaded be-
cause, attorneys said, Null did not
warn the youths that he was an of
ficer, or that they were under ar
rest.
Further opposition to attempts to
introduce evidence of the Bonds Cor
ner robbery was indicated when
counsel for the defendants told the
jury they will attempt to show that
the shooting of Null was done on
the spur of the moment, and not as
the result of any conspiracy. To in
troduce evidence of the robbery, the
state must designate it as proof of a
conspiracy which led to Nulls death.
Their opening statements COM
pleted, state and defense turned to
actual trial of the case. Proscal was
summoned to the witness stand.
Proscal joined Null in a hunt for
the Bonds Corner bandits, he said,
when Null was summoned to duty
by the sheriff's office. On a report
that the bandits were headed north
from Bonds Corner, they drove along
the highway. Sighting an automo-
bile in a service station northwest
OF Holtville, they stopped. Both Null
and Proscal got out of the car Null
had been driving.
They walked up to the car under
suspicion. Two young men were in
it, and third had walked toward a
small store which is part of the serv-
ice station.
You boys got any guns?" Null
asked
mo" 1t was Corley who answer
ed, Proscal testified.
Well have a look" Null retort-
ed, and started to open the door of
the automobile, Proscal said
Corley bent over, whipped a rifle
from under quilt and fired, he re-
lated. Null staggered back, and Cor
ley fired again, Proscal testified
Marvin Morris leaped into the stol-
en- bandit car, and the trio drove
away. Null was taken to a hospital
'at Holtville. where he died a few
hours later.
Cross examination failed to shake
in any important particular the
story told by Proscal
Examination was to continue this
afternoon.
Jurors who will hear evidence
in the trial are Virginia Rodeman,
Brawley; Arthur M. Bell, Holtville;
Emma F. Hevener, El Centro: Lois
Bomers, Calexico; Emil Schaffner.
Holtville; Mrs. Iva McFadden,
BraWley; Fred w. Hewlett, Imper-
ial; Mrs. Daisy " Kruger, Brawley;
Evan w. Derrick, Imperial; Will
liam w. Copeland, Holtville; Mrs.
Leila E. Elmore, Brawley; and Len
Bucket, Ell Centro.
Mella Brandenberg, Imperial, was
chosen as an alternate juror in
case of illness of any other mem
Der of the jury.