Every evening, Wilmington daily commercial., 1921-04-12
COUNSEL FOR Defence
MAKES A PLEA FOR
CLIENTS ACQU|TTAL
On Motion to Have Court In
struct the Jury to Find Ver-
dict of Not Guilty.
THE REQUEST is REFUSED

Features of the trial of William N''
COLE Walter Rabcock and Harry en-
nimorc. ON trial in General Sessio"s
court this morning were the ofcrruiii'N
~ a motion by the defense for insuu'
tons To- the jury 10 return NeruNt -
not guilty, and the testimony ol
liam G.. cole and Walter Babcock' wh'
denied All charges Of emhezzlet'''n' "
conspiracy 10 cmhezzle.
Af,sr The court had ovCrruled the
,not,on of the defense for instructions
., ~. iurr William G.. Cole took tho
stand as the first witness for the de-
f.nse. III, was followed by Wilbur
Adams an attorney and then waiter
I{.bro,k took the stand, and was under
,r.,ss-.xamination when court recessed
for lunch.
Whom court OF General Sessions
,.,,.n,d this morning J. Frank Ball. and
Philip Garrett. attorneys for William
q code. walter Babcock. and Harry
l..unimore. co-defendants in the case
on trial i'm which they are charged with
conspiracy to cmbczzle funds in the oi
f,,. OF tho recorder of deeds. submitted
!. motion in writing that the jury p"
,.cn binding instructions To bring IN
verdict of not guilty.
Before the motion was read ana
.,,ued. the jury was excused ana re
i from tho court room
Frank Rau IN arguing for the mo
insisted that no testimony what
-. had been given To sustain the
states charge of conspiracy. lie Re
f.rf..i t. the evidence as to whispered
conferences as being all that the state
lad on,rcZ that could in the least hc
f.. .n~trlI.Y 10 have any hearing on
.Slirarv charge, Referring to evil
.u, that Raloo,k had made entries
in F77 hook hr said there was moth
tu tu show that any entry had ever
. Il made with any intent To- deceive
.tl one. that every entry made by
I,.,,, and F'cunimorc was in the
#. IL duty incident TO the work IN the
,ea, III, ridicuIed the idea that any
,4tI.S bv them in III. index tended 70
...v ! ,on- -piracy.
iI, said FcUnimorc never touched the
s.,h except 10 rc, ord the TACT that
had hrcn paid on certain papers
mad been delivered. He coniended
none I'll tn, acts proved showed
.t the acIsndants had any knowledge
ny th.ng wrong in the Office
BAn charged that the State had
..i 10 produce the record III the case
.-.Irst rIurrnan G. Cole and that there
nothing before the jury 70 show
81 fh,ri. had been eInbczzlement from
ofici
tl GI~ret, in speaking on the mo-
IS said that nothing had been produc-
-. rs evidence that would connect VII
lau. - cole with a conspiracy or with
s kruvledc, ot anything wrong IN
arit, The evidence showed in fact
sail that William 6 Cole had very
lfI, II anything 10 do with the con-
Co. ~ III cfiic,. except 10 make out
t.Yasit slips IL had not been shown
-.ad tlat d.. had charge cf the cash
.e, th, combination of the sale. or had
..ts knowledge Of anything wrong II
office. therefore he asked for in
.~uctious from the court 70 the jury
/. verdict of not guilty.
state Holds Opposite View.
Deputy Attorney General Finger saic
-. argument Of both counsel for the de
f.ose was such as should have beer
i5ads 10 the Jury and insisted that mons
a, th,. arguments were such as were
lr,usr 10 submit IN motion Tor bind
irr instructions. He said if a Consplrac!
we're shown. whet--eT II was ever carried
,-tt or not. made the case against the de
f.ndants. and insisted that there hac
i..r sufficient evidence adduced. anC
tnat il was a matter for the jury Z
lass upon.