Every evening, Wilmington daily commercial., 1921-04-13
RECORDERS OFFICE
CASE ABOUT READY
TO co TO THE JURY
Continued from pnge I

significance of the exhibit of the de-
posit slips of Furman q. Cole ht ~
Delaware Trust Company. during "A
period of six months. when the de-
posits were altogether in checkH-~not q
cent of currency or silver was deposit
cd What became OF the cash. he
asked.
Mr.. southerland was followed by
Philip l.. Garrett. attorney for William
@. Cole. Mr.. Garrett commented ON the
interest of Walter Tanning in the case.
evidenced by his always being al the
beck and call of the attorney general
when he wanted To prove anything. and
was still in the court room after the
passing of the time when his presence
was required. and when nc needed
I'm the recorders office.
Mr.. Garrett went into an explanation
of the term conspiracy" In law, and
contended that no evidence had been
produced 10 warrant the charge of CON
spiracy against the defendants.
The charge that conspiracy was
established because no cash WAS de
posted by Furman q Cole. was deelar-
ed ridiculous by Mr. Garrett. Another
thing that rendered absurd the charge
that William g. Cole was ia con
spiracy to defraud was the fact that he
did nothing but potter around the office.
and had no duties outside Of making out
deposit slips. Had IL been desired to
form a conspiracy to embezzle funds
| from the Office. II is reasonable to SUP
| pose that William 6. Cole would not
/ have been taken into II. "iIe was the
/ last man in the world to go into a con
! spirncy-~he didn't know enough. There
ffy trnt
| OF those mon ever received any money
| outside Of their SALARY. and no tcati-
| mony 20 indicate n combination oI
| agreement among them and for ,ny
! client. William O. Cole. confidently
leave the case with you. and ak fer a
/ @esiict of not guilty"
The arguments of Deputy Attorney
General Southerland and Mr.. Garrett
consumed about one hour together
judge Bal, for Fennifnore and TAB.
cock. began hia argument about I45
Judge Bali said the whole case Of the
State was huilt M on auaplciou. an6
this suspicion was offset by facts provet
by the defence The difference betweer
the case n the State and the case ~ tn
defsnce Is The difference between ens
picion and faeta. he said
Referring - Furrnau a. coio'a taat{
mony. in which he assumed tho Who'll
blame. and said his father ard lab
cock and Fennmore knew nothing o
his defaications untn ne was arrested
Judge I{all said there was no Justiaca
tion for the Inference hy the deputy Al
tornoy general In opening for tho stat
that he had porIured himself 10 H84
his father. because hc had aeknapl
edged the wrong he had done ard ua
now paving tho penalty was no reasol
To assume he would 20 on tho witness
stand and pcriurr his aoul. even t. sav
his father.
Judge l3ail attackod the testimony q
Fannine Io ridoulcd tho idea ~ ~
state buidinE case on his evidence
and said If he knew If the beginning q
the defalcation and had done the ri9h
thing. he would havo gone 70 Furrna
g cole and warned him and could has
prevented the omhezzletnent and th
breaking ~ ~ happy little family
Judge EaH concluded his arguIneu
NJ t2.i5. speaking for one hour, an
court recessed until 2t5. when arEu
: meut viii he CLOSED for the state l.
Deputy Attorney General Aaron Flnge
: who has ono and a half hours to cor
ciude The court VIII then charee Ia
jury