Evening capital and Maryland gazette., 1913-11-24
TRIAL OF COX BEGINS
IN CIRCUIT COURT
Former Game Warden Indicted for
False Prelenses.
LEGAL QUESTIONS RAISED.
Attorneys fer Defense Claim Charge is
Illegal end D,iset in Framing
The Bill.

Franklin +. Cox, Of Somerset cuun-
ty. the former State Game Warden,
as placed on trial before Judge Bra
shears and o jury in the Anne Aun.
del Circuit Court today, 90 answer
10 the charges Of false prctenses in
obtaining money from the State by
false pretenses. by means Of alleged
fraudulent vouchers 10 the State
Comptroller, but the greater portion
OF the day was giveh over 90 legal
arguments upon points raised by at
torneys fer the defense as 10 the
legality Of the charges.
It was eontended by Robert Nose,
of iunsel for the defense, the charge
of false pretenses against Mir. Cox is
insufficient and there are no authori-
ties 20 support IT, He contsndcd that
under an act Of the Legislature
contingent fund is set aside for the
use of the State Game Warden. for
expenses Of the Office. 90 be drawn
on by him. and he is therefore held
accountable by the State for the dis
position OF funds drawn by him. In
cidentally, IL was also suggested that
MIR. Cox had been illegally removed
from the office.
g On the other hand, States Attor-
ney Nicholas II. Green. who is con-
Meeting the prosecution that the whole
case is simple. and the mere fact that
the FRAUDULENT vouchers offered in
evidence are sufficient ta support thf
charge laid against the accused man
When the trial was opened this
morning there was also legal tie
between the attorneys The deicnse
claimed that the bill II particulars
was defective, in that it did not ret
forth that the acts alleged 90 have
been committed by Mr. Cox, were
committed while he was Game War.
den, whereas be was indicted ns game
warden. This exception was subse-
quently overruled and the court pro-
ceeded 10 imparel a jury. IN select
ing the jurors the regular panel was
exhausted and it was necessary To
axe two men from among the spec
ators in the courtroom.
Another delay was occasioncd by
the refusal cf the defense to admit
the offense as charged, as having
been committed while MI Cos was
serving as Game Warden. To
atraighten this out, one % the Off
cials Of Che executive Office az the
Stete House was summoned. with
records, to show of Mr.. CoX's APP
pojntment TO the position,
The first witness called was Mr..
II. f. Reik, assistant chief clerk in
the Office of the State Comptroller
ard the legal battle began when the
State offered in evidence the vouch-
ers to show how Mr. Cox had fraudu-
iently obtained the State funds. The
point st Issue as still being argued
at 3 O'Clock
Mr.. Cox was indicted by the grand
Jury on FIVE charges. The case pro-
ceeded to trial today on the count al
leging that on January 28 Mr. Cox
obtained $40 through the State Comp
| trolleT on a voucher setting forth
that The money was 70 pay for badges
| for deputy game wardens. State =
Attorney Green told the jury that the
State expected to show by evidence
that Mr.. Cox secured the money By
fraudulent means that no badges were
ever paid for by him.
Mr.. James W. Owens is associated
with Mr.. Moss as counsel for Mr.. Cox.