Evening journal., 1921-04-14
THREE CLERKS
FOUND GUILTY,
ASK RE-TRIAL
tcontinued from First PaFe.l

CONTINUED from First Page.)
tion with a recommendation for the
mercy OF the court.
When the verdict fas returned. the
court room was fairly well filled.
Babcock and Fennimore were just
entering the room when the verdict
was being taken by the clerk. but
Cole had remained in the court room
throughout the time the jury was
locked up.
The verdict, as given by the fore
man, gave the impression that the
recommendation for mercy was
made only in the case OF Fennimore
To clear the matter. Judge Boyce
asked the jury, and John Chalmers,
the foreman, explained that the rec
ommendation for mercy was made
for all the defendants. The jury at
the request % Mr.. Garrett, was
polled, and each of the Twelve jurors
answered that the verdict as given
by the foreman was correct
Furman G. Cole. former recorder,
who is serving a five-year sentence
as result of his plea of guilty to a
charge of embezzlement by bailee
several weeks ago, was not present
in the court room when the verdict
was returned last night, although
he was present throughout the en-
tire trial.
Comment on Coles Presence.
After the returning OF the verdict
by the jury, Judge Boyce read a
statement of the court to make it
clear that hereafter, when a pris-
oner confined at the workhouse is
desired to be brought into court to
testify in a case, application for this
must first he made to the court.
This statement was made as a re-
suit of the bringing of Furman G.
Cole to the trial from the workhouse
without, it is said, application being
made to the court for permission to
have him in court
The statement read by Judge
Boyce follows:
Before Chief Justice Pennewill
left this afternoon he had concluded
to make this announcement at the
conclusion OF the trial. which was
concurred in by other judges: Re-
ferring to Furman c.. Coles presence
here. and the manner in which he
was brought here, the court desires
to make it known that the proper
method OF procedure is by applica-
ton to the court for that puruose,
and such must be the procedure in
the future"
The jury was charged by the court
al 4 o'clock yesterday afternoon af-
ter argument had been made by
/ Affrrparr ETfpoor.
After two hours consideration OF
the evidence and the papers in
troduced by the State during the
trial, at o'clock the court granted
| the jurors a two-hour recess for
lunch.
After dining at the Hotel dupont
the jurors, accompanied by a special
bailif. returned at o'clock and at
SAP entered the courtroom with
their verdict.
Deputy Attorney General Finger
was the last to address the jury.
He recounted to the jury the
evidence in the trial and its bearing
on the conspiracy charge, describ-
ing in detail the part the evidence
showed had been taken by each Of
the defendants.
Fennimore, he said. was an old
friend of Furman G. Cole. He
told how Fennimore. as a new man,
was given the work of a new man
that OF transcribing. but was later
transferred to the rear room. For
year and a half, the attorney said,
Fennimore had made entries in the
index book which were not put on
the fee book. One witness, he said,
had counted up 232 such entries over
certain period Of time: but when
the witness had checked up 1874
charters on the index book and
found only two on the fee book. he
stopped. Fennimore, Finger said,
was in possession Of evidence of de-
falcations in the office for a year
and half, which was more con-
vincing that he was connected with
the conspiracy than II he had only
had such knowledge for a day or
a week.
The deputy attorney-general re-
ferred 20 Furman G. Coles attempt
TO shield the defendants, but said
Furman could not be excused for his
attempt to drag Tanning into the
, case in order to shield the guilty par
. ties. The testimony. said Finger
showed that Babcock was Furmar