Treharne - Case sidetracked

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Treharne - Case sidetracked - in Of E. P. tarn Case Sidetracked District...
in Of E. P. tarn Case Sidetracked District Attorney At Austin Promises Trial for Treharne •mil-Put Antli ••?••< AUSTIN, Aug. 10. — It was May 27, 1954, that * Travis County grand jury returned two Indictments against Spencer Spencer Treharne, El Pasoan who headed the delunct United Lloyds insurance setup. Nearly 15 months later, the cases have not even been set for trial the first lime. Defendants generally get one "automatic" "automatic" continuance if they ask for it, so Treharne still has that delay ahead of him. District Attorney Les Procter, who just completed the successful prosecution of former Land Commissioner Commissioner Bascom Giles, told The Herald-Post today that there "ii no doubt but that Treharn* will be tried." No Firm Date Set But he wouldn't put a firm date on the time he will seek to have the case set, other than to say that he may ask that it be set when the docket is called next. After all of the activity and hulla- balloo of last year about the "insurance "insurance mess," how does it happen thta the nine criminal indictment* which resulted, including two against Treharne and seven against Paul K. Lowry, Leslie Lowry ind D. H. O'Fiel of the Texas Mutual group, have yet to be tried? Changes in personnel seem to be the explanation. A year ago, Bob Long was DA of Travis County, and soon after the indictments were returned, lie -.vas defeated by Proctor. A year ago, Rudy Rice was the assistant attorney attorney general who headed up the insurance insurance division for Attorney General General John Ben Shepperd. Rice dug up the facts, presented them to the grand jury which returned the indictments. indictments. But he resigned lust lall to enter private practice, ind was succeeded by James Castleberry as the lawyer assigned to iniurance. Castleberry quit Shepnerd's employ three 1 months fgo, and was replaced by Robert 0. Fagg. Proctor Vague Mi CM* Thus, Proctor is vague about the ease, and Fagg knows little about it. Shepperd has retained Rice » a ipecial assistant to represent him at the prosecution of the Treharne and Lowry cases. Rice, now in a large law firm in San Antonio, is the only remaining link in the team of state lawyers who made the case. This week, in his role as a special assistant attorney attorney general, he is helping Bexar County's new district attorney, Hubert Hubert Green Jr., to try a criminal indictment against W. C. Brickey Jr., a San Antonio insurance promoter promoter who was indicted on charges of removing funds- of the company he headed, pioneer Western Mutual It is the first of the insurance scandal scandal cases to go to trial, although Brickey was the last of the group to be indicted. Indicted on Two Count* Treharne was indicted on these two counts of perjury: 1. That when he swore that United Lloyds, which he was organizing, had ne,Lassets of at least S60.000 in cash or negotiable securities belonging belonging to the firm, he swore falsely, falsely, because $55,000 of the $60,000 was borrowed from an El Paso bank in March, 1953, used as an organizational organizational asset of the firm, and then was repaid to the bank in July, 1953. after the May financial statement statement had been completed. 2. That he swore falsely when he iigned under oath the annual statement statement of United Lloyds on Dec. 31, 1953, that the assets listed therein were the property of the firm, free and clear of debt except as stated, when actually some of the $156,994.48 $156,994.48 listed as cash on deposit in banks was borrowed. (The indictment indictment doesn't say how much, but records in the civil case in which United Lloyds was put out of business by the state show that it borrowed $70,000 in December of that year, and repaid it in January, after the year-end statement was completed. Ha* Two EXCUK* District Attorney Proctor has two excuses for not trying the nine insurance insurance indictments. He has pending pending four murder cases and seven indictments against B. R. Sheffield, indicted jointly with Giles in the veterans land scandal. He asked the recent legislative session for an appropriation to hire some additional additional assistants to help him handle the state government cases in the three Travis district courts, but the Senate killed the bill after the House had passed it. "It's like having so many squirrels in a hollow log that you don't know which one to try to catch first," Proctor said. Proctor is counting on Rice to car- 6 (Continued on Pace 4, Col. 5)

Clipped from
  1. El Paso Herald-Post,
  2. 10 Aug 1955, Wed,
  3. Page 1

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  • Treharne - Case sidetracked

    mereasner – 24 Jun 2013

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