Evening star., 1938-01-17
IS JURORS TO SIT
IN NOLAN TRIAL
Alternate Sworn in Because
Of Time Case Is Expected
to Take.

Thirteen jurors will hear the case
OF william J. Nolan, one time promi-
nent local automobile dealer, and
Benjamin D. Jenkins, 2S09 Thirty NTH
street NV, his once manager and
assistant treasurer, who went on trial
in District Court today on 16 charges
Of false pretenses and on one Of con-
spring to obtain $4,000 from the
Universal Credit Co., by false pre-
lenses.
The decision to swear in an al
ternate Juror was reached because Of
the time the case is expected to con-
sumo, counsel figuring 1t anywhere
up to two weeks, and the court want
ing to take precautions in case one
Of the members should become inca
pacitated
The selection Of the jury proceeded
so slowly, with the defense exercising
its 10 pre-emptory challenges, that
the regular panel Of IL members was
not selected until lunch time. and the
choosing Of the thirteenth went over
until this afternoon.
Defense Raises Objection.
As the case got under way. Defense
Attorney James r. Kirkland interposed
a vigorous objection to the severance
granted James r. Gallagher, BIAS
Mount Pleasant street NV. who was
secretary Of the Nolan Motor Co.,
which went into, bankruptcy. Mr..
Kirkland said 1t would be prejudicial
to the defense If this severance were
allowed. He added further that he
had not been advised Of the severance
until Saturday and said II it was per-
mitted Mr.. jenkins also should &c
given severance.
Justice Joseph w. Cox, presiding
said, however, that the severance had
been approved by the Government
and was out Of his hands, and that it
would not be allowed to prejudice the
other defendents. Assistant United
States Attorney John J. Wilson, head l.
ing the prosecution, protested against
q severance for Mr.. jenkins, and the
court sided with him.
Mr.. Kirkland again objected when
Mr.. Wilson said that he proposed to
use the defendant, Mr.. Gallagher. as a
witness. saying this was most irregu-
lar" but again he was overruled by
the court.
Justice Cox Warns Jurors.
After the jury was sworn, Justice
Cox warned the jurors they were not
to seek any information on the out
side about the case or take any in
formation concerning it. 1t was be-
lteved his admonition was prompted
by the recent incident in District
Court in which mistrial was declared
because Juror sought information
on procedure from q friend, who is a
memL>f Of the bar.
Assisting Mr. Wilson was another
assistant district attorney, Howard
Boyd. Associated with Mr.. Kirkland
for the defense are Attorneys Alvin
L. Newmyer, David G. Bress, Charles
v. Inlay and Arthur Jenkins. a men,
Der Of the New York bar. who is a
brother Of Mr.. jenkins.
The charges involve allegedly spu-
rious conditional sales contracts that
were discounted to the Universal
Credit Co. before the bankruptcy Of
the Nolan Motor GO.
Faces Five Year Term.
The maximum penalty for each Of
the false pretense counts is three
years imprisonment and for con-
spiracy Is two years.
Nolan recently completed a SEN
tence Of four months to a wear I'm.
posed following conviction OF bribine
two witnesses in . divorce suit brought
by his wife, Mrs. Alice NJ. Nolan.
The conspiracy count. which in
e1ect is summary Of the other ale
cations. charges that the three men
sold IS bona fde conditional sales
contracts. executed by c. B. Ryan a.
president OF the Yellow Cab Co. OF
the District Of Columbia, to the Num-
sey Trust Co.. and then sold spurious
contracts for the same automobiles to
the Universal Credit Co. The second
set Of contracts purported to be fol
the sale of automobiles to the Minute
Cab Co.. which Mr.. Ryan also head aded
Mr.. Wilson said Mr.. Ryan had nc
part in the alleged fraud.
Another indictment pending against
the three defendants charged them
with three instances of forgery and
uttering in connection with the same
set of transactions. They will not be
tried on these charges at this time