Every evening, Wilmington daily commercial., 1921-04-12
STATE RESTS N
CONSPIRACY CASE
Recorder OF Deeds Office Clerks
Recalled for Further
Examination.

IN the trial of William q. Cole. Walter
nabcock and Harry Fennimore, accused
of cnnspiring with Furman G.. Cole to
duffaud New Castle county. the State
rested az 40 o'clock yesterday after
noon. when counsel for the defense. by
request of Attorney Philip l.. Garrett.
were given until 10 o'clock this morn
tng 90 prepare any motions they might
dosirc 20 make. The Court Of General
Sessions directed the defense 10 tell the
prosecution the nature of the proposed
motions Nv 5 o'clock last night, SO that
the state could be ready for prompt ac-
ton.
Immediately after the reconvening of
court yesterday afternoon Walter Fam
ming, "A clerk in the Office of the recorder
ct deeds, was recalled TO the witness
stand and questioned by Deputy At
torney General Arasn Finger concerning
charters indexea In the handwriting of
Walter Bahcock. former acting deputy
recorder OF deeds. and Harry Fennimore
former transcribing clerk in the office
OF the recorder OF deeds. Mr.. Tanning
testified that he had made selections at
random and indexing by Babcock and
Fonnimore included many charters he
had not selected While checking against
the fee book esq charters indexed in
t'cnnimore's handwriting Tanning had
found only two theron.
Replying 10 Attorney j. Frank Ball,
OF counsel for the defense Mr.. Tanning
said he could not tell how many charters
indcxed In the handwriting OF Babcock
and Fennimor~ were on the fee book
Why did you not check up all7' Mr..
kall asked.
n stopped" Mr.. Fnnning replied.
Miss Mary NJ. Culver. stenosrapher in
the office OF the recorder of deeds, was
vecalled and testified that she had seen
turman q. Cole. former recorder of
decide. and William G.. Cole former
deputy r~corder. comforting in whispers
with Rahcock and Fennimore in front
OF a screen close TO the former recorders
dosk.
Deputy Attorney General Finger
handed Miss Culver several papers,
which she identified as some she had
taken from Rabcock's desk a few days
after his arrest. Without telling the
contents Of the paper. MIR. Finger offered
them in evidence. Attorney Ball OBJ
jected. saying the desk was not locked
and various persons had access to IT,
Pointing 10 handwriting on the papers,
Mr.. Ball asked who wrote thereon.
Miss Culver did not know. Mr.. Finger
held that the jury should determine the
evidence value OF the papers. He an
uounced intention Of following them up
and had them marked for further idenu-
flcation.
Miss Culver testified TO having seen
Fcnuimore working the fee book.
performing that task behind screen
in corner OF the main room near the
entrance TO the transcribing room.
The witness had heard William c.
cole say he wanted the railing gates
kept closed. she stated he had told
her several times not 10 let anyone see
her working on the fee book. She had
seen him working on the cash sheet. On
sonae days he examined the fee book
two or three times. and on other occa-
s,ons he deferred examination for
several days. She did not know why
he examined the fee book He often
asked her II she had bills ready 10 send
out 20 corporations. and sometimes he
inquired concerning the amount She
and flaming checked monthly reports.
and William G.. Cole told her to check
them on the fee book The former
deputy recorder usually came 10 the
ofiice between 10 o'clock and noon. but
did not do much. his work generally
being confined 70 making UP the deposit
slips
Miss Culver. replying TO Attorney