Evening journal., 1921-04-08
COLE and TWO
OTHER CLERKS
FACE COURT
fcontlnued dom First Pare.l }

ing address to the jury, setting forth
the allegations OF the State. THE
whole thing turns around the fee
book; the fee book is the storm CEN
ter" Mr.. Switzerland informed the
jury.
The case was characterized by Mr..
Switzerland as zone OF the most
serious cases in the State for some
years" The evidence TO be present
ed, the deputy attorney-general said.
is detailed and voiuminous. In the
Indictment. Mr.. southerland stated.
are six counts. charging the three
defendants with conspiring with
Furman q. Cole to embezzle and TO
defraud.
Mr.. Switzerland detailed the work.
/ ings OF the recorders office. explain
ing the course OF a paper left in the
Office TO be recorded.
Shortly after Furman G.. Cole as
sumed office in January, 1919, a
scheme was evolved by someone TO
misappropriate fees. the deputy at
torney- general said. Some papers
coming into the Office. he said. were
never placed on the fee book and in
the monthly report Of the office to
the comptroller.
Mr.. Switzerland said that for
awhile the papers would be placed on
the desk OF the index clerk, Charles
Donnelly, TO be indexed. but that
later this plan was changed when
Mr.. Donntlly became suspicious be-
cause certain papers had not reached
the fee book first. From then on
two OF the defendants did the index
ing. said Mr. Southerland
In regard 10 the custom Of sending
monthly bills TO large charter COM
panies. Mr. Switzerland said a sep
arate bill book w~s kept and an ex-
ira bill would be made. He charged
that, concealed behind a screen near
the recorders desk. Fennimore
would index charters. the fees OF
which were not turned over 10 the
county and that Babcock would
hand out the charters Ia the office
for recording.
, Babcock would also make out the
delivery slips. and when these slips
were brought back. they would be
checked with the fee book by one
Of the defendants.
. William Lyons. Jr.. Charles II.
Kelley, Russell A. Clinton. Delaware
Lightcap and A. V. L. George. who
! audited the accounts Of the record
b er's Office. following the arrest of
b the defendants. produced memoran-
! da made by them in their checking
! OF the papers OF the Office and In
b. their checking OF the books Of the
Office with the monthly reports tc
I the Comptroller.
E Harry H. Bflany. now Fourth As
2 sistant Postmaster General Of tn,
: United States. who had charge OF
q the audit. said that he instructed the
other auditors TO make rigid
q careful examination. 20 take nothini
/, for granted. but TO work together
and verify their work He Identified
the papers offered by the previous
o witnesses as notations OF the Other
: men in comparing the books Of th'
Office with the fee books.
summary Of the detailed audit
made under the direct supervision OF
Mr.. Billany was produced by tho
latter.
Counsel FOR the defense objected
10 the witness answering Deputy At.
torney General Fingers question a.
10 the result OF the audit. Mr.
Finger. during the argument on ths
I matter. disclosed that IL was not the
States intention TO offer Mr.. Bill.
, lany's report in evidence.
|. The court permitted Mr.. Biliany tc
state the result OF the audit which
, he made An exception was taker
by counsel
Mr.. Billany testified that ne dis
covered a shortage in fees OF tn,
4 office Of s2O.319.2s. The total re
! sources OF the office. which included
p cash and papers on hand. wa
s116.SO3.25, which should have beer
-- turned over 20 the county treasurer
O he stated. This covered the perio,
OF +. G. Coles incumbency from
d January. 1919. TO January II. 1921
u Shortages began 10 appear. MI
d Bnlany said, about March /, 1918
two months after Furman c.. Col
l. assumed Office. The shortages wer
a. mostly from the recording Of char
d ters. he testified
Miss Mary NJ. Culver. stenogra
Ia pher in the recorders office. testi
J. fed 10 typewriting the monthly re
"a ports Of the recorders Office unde
n the direction OF Furman G. Cole
The reports were produced in couri
Sc She also identified the fee book q
a the office.
II The reports did not show all IN
items OF the fee book. the witnes
- said. only the items paid being in
he cluded.
'u Plummer II. Leach. former der
tuty county treasurer. identified IN
~ reports made by +. G.. Cole in 191
= and 1920. When he received IN
~ reports they were accompanied b
IT, checks of +. G.. Cole for the amour
l. OF the report. During those tw
years, s93.624.5O was received D
= him from the recorder. Mr.. Leac
IT. said.
IA Walter Tanning. for fourtee
~ years employed in the recorder
is deeds Office and employed by r,
q corder Cole as fee book clerk froI
April, 1919. told OF the course OF
~ paper after IL has been left in m
n office for recording. After he ha
an entered the papers in the fee book
in flaming said. he would turn thei
over TO Charles Donnelly for entr
in the index book. after which the
were turned over TO F.. G. Cole Il
M his signature.
be Mr.. Tanning testified that he ha
as noticed that certain papers that D
Ie had placed in the box where the
iis ere kept before recorded were mis-