Evening journal., 1921-04-13
JURY HEARS
ARGUMENT IN
CLERKS CASE
tcontInued dom lrst pagel


the court had set the time at two
hours to each side. Mr.. Finger re-
marked that he did not believe that
that was sufficient time to present
heir argument TO the jury.
Deputy Attorney General Clar-
ence A. Southerland opened the ar
gument for the State, minutely ana
lying the States case against the
4 defendants.
Character witnesses for the de-
/ PENDANTS and two witnesses placed
on the stand by the State in rebut-
I fal OF certain testimony OF the de-
1 PENDANTS gave the only testimony
heard before the court this morning.
4 This consumed only a little more
\ than an hour. and argument to the
| jury was started by Mr.. Southerland
4 at about 1915 o'clock.
As at each session OF court since
the opening OF the trial last Friday
the court room was crowded by the
time court opened this morning
Furman G. Cole. former recorder
who, In testifying In behalf Of the
4 defendants yesterday afternoon. as
Y sumed all responsibility for the de-
i falcation OF fees OF the onbce, was in
a the court room. He has been pres
ent since the opening OF the trial, be-
ing brought to Wilmington each day
from the workhouse where he Is
n serving time.
Il Attorney Leonard r. Wales. form.
II or. Prothonotary Joseph Wiggles
81 worth. Register Of Wills Isaac "
n Brown, Clerk Of the Peace John l.
III Wright, Charles c. Kurtz. a vice.
N president OF the Wilmington Trus
Company, and John W. Talley, q
real Nestate dealer, were character
witnesses for W. G. Cole.
81 Former Attorney General Andrew
y c. Gray. Albert stetser. president Of
= the Levy Court, John 3. Taylor
"a Segister in Chancery Norman =
& Crouch. Deputy County Treasurer
Harry l. ellis, former City Tax Col.
lector James II. Morris. were char
4 acter witnesses for Fennimore.
For Babcock. Mr. Morris. Magi
81 s'rate Harry p. Stradley. George c
. Hutton, William r. Wilson. OF tn,
"a dupont Company. former Recorder
s % Deeds A. V. L. George, under
81 whom Babcock formerly worked
and Joseph Hyndman. were charac.
s teT witnesses.
with the hearing Of these wit.
Hnesses. the defense closed its case
81 nd Charles Donnelly, who was in.
[ lex clerk, and Walter Tanning. who
3{swas fee book clerk under Recorder
& cole. were placed on the stand b,
& he State in rebuttal.
AZ Mr.. Donnelly denied that ne in.
(. itructed Fennimore how 10 inde,
81 harters, as was brought out in tn,
iefendants' testimony. Under cross
Namination, though Mr.. Donnell,
Z. admitted that he did instruct-Fenni
. more how to index conditional sal,
eases. To record charters Is con
+ nderably easier. however the wit
ess said.
"a Mr. Tanning. too. denied that h,
s. YER instructed Fennimore how {,
4dcX charters. lie also testified tha
". G.. Cole never called his attention
o charters that had not been en-
cred in the fee book.
Mr.. Southerland was followed b,
RI 'hilip l. Garrett and then J. Franl
81 BALL the former attorney for w. G
. ,Ole. and the latter attorney 10
- sennimore and Babcock. Both at
orneys scored Walter Tanning, fe,
look clerk, who testified in the tria
hat he became suspicious that every
hing was not right only a shor
me after Furman G.. Cole becam'
recorder Of Deeds.
(. ION AbsOIves Father.
Full responsibility for the defal
ations Of about $4,000 Of fees o
he office Of Recorder Of Deeds Will
le' was Recorder was assumed b.
x. rurman c.. Cole, when he was callel
~ 5 witness for the defense yester
:{ ay afternoon.
II Former Recorder Cole Is nov
erving a fve-year sentence In IN
yorkhouse for the defalcation, hav
ng pleaded guilty several week
go to a charge OF embezzlement b.
alice.
Ar. Cole was the last witness OF
he stand yesterday afternoon. and
fter testifying on behalf Of his faith
and the other two former clerk
I his Office, he was subjected to
sngthy cross examination by Dep
~ Attorney General Finger. MI
d.
I'd several times had 10 be request
- by the Court to speak louder, s
1at all the jurors could hear him.
when Furman was called to tn
and by Philip L. Garrett, attorne
., lr his father. and ]. Frank Ball, at
jrney for Fennimore and BaDcucf
20 ne courtroom was crowded. All tn
,ats were occupied and the specta
M rs lined the walls and jammed 4
5. ie corners. Each session OF cour
\ nee the starting OF the trial las
riday has been largely attended.
In his testimony, Furman sal
NJ iere was no agreement betwee
i'm and the three defendants {
Inappropriate money Of the Re
lrders office; that the defendant
ad no knowledge whatever OF hi
efalcations. Furman said that Wa
W r Tanning. index clerk in the ofic'
no had testified that his suspicion
AL been aroused by the manner I
hsch papers had been handled /
81 te Office never said anything {
~ m about anything being wrong.
<< The former Recorder told of ar
xH linting his father as Deputy Re
<& rider the latter part OF April, 1871
,out four months after he had az
< med office. because OF his poo
.ht and health. He told him 10 d
I 1e about the Office until he learne
q details, witness said He allowe
<:# 4 father. Furman continued, I
< me to work between 10 and !
clock In the morning. because {
a