Every evening, Wilmington daily commercial., 1921-04-08
COLE, FENNIMORE
AND BABCOCK PLACED
ON TRIAL HERE TODAY
Continued from pnge 1


ings OF the recorders office, explaining
at great length the course of paper
left Mt the office To he recorded
Shortly after Furman G.. Cole as
sumed office in January, 1918" he
went on, "a scheme was evolved by
someone to appropriate fees. The
scheme was evolved. In whose brain
don't know. but you can guess.
"The administration he said. was
corrupt Certain papers" he said.
"were prevented from being placed on
the fec book and did not appear on the
monthly report to the comptroller
MIR. Southerland said that for
while the papers would be placed In
the desk of the index clerk. Charles
Donnelly. 20 bs indexed but that later
this plan was thanged when Mr.. Don
molly became suspicious because Ger
tain papers had reached him before
being recorded In the fee book.
Mr. Switzerland said that from then
ON two OF the defendants did the IN
hexiug. Discussing the method OF
sending monthly bills TO the large
charter companies. Mr. southerland
SAID separate bill would be made.
"A separate bill book was kept. he
declared Elm other words, corporations
| would ger two bills, one of which was
| a fake" One. he said. was made out In
| the office and the other ne didn't know
! where II was made out
! He charged that concealed behind a
screen near the recorders desk, fenni-
more would index charters. the fees Of
which were not turned over to the
county. and that Babcock would dis
tribute the charters In the office for
recording. Babcock would also make
/ a. ali. nd ~ hen fhPar
slips we're Brought back. they would be
checked with the fee book by one OF
| the defendants he declared The fee
book was termed az the storm center
| by Mr. Southerland. who added that the
whole trouble centers about the fee
book.
Auditors Called.
william Lyons. 1r. Charles II. Kelley.
Russell a. clinton. Delaware iightcap
and A. y L. George. who audited the
accounts of the recorders office follow
ing tho arrest Of tho defendants. pro
duccd memoranda nude hy thefn In
their checking Of the books ~ tho office
with tho monthly reports to tho county
comptroller.
| Harry II flianv. who waa recorder
In 1904 and lale who had charge of the
audit aaid be told the auditors 70 make
q rigid examination ard 20 take nothing
fot prantod bat - work together in the
verincation Of their work. He identi
fled the papers offered by the previous
witness as uotauons n the other mer
In comparing the books of the onice
with the fee book
Counsel Tor tic defense objected 4
the witness answering Deputy Attornry
General Fingers question as to the r.
suit of tho audit Mr.. Finger durinf
tho argument on the matter. diselnaef
that it was not the intention of tn
state to offer Mr.. BIilauy'a report II
evidence.
Shortage 81 so0.3i9.2s.
Mr.. Rnlanv said hc discovered short
ages or $2o.3l9.2s ia the fees - th'
ontce. The total resources of The ofiIce
which should have been turned owe
to tho county treasurer aggregate
$lI6.S03.25.
Shortages began ~ appear. Mr.. 81
: lany said. about March i 1919 tx
J months after Furman q. Cole assume'
office lie testified most of The shortage
were from the recording of charters.
Miss Mary NJ. Culver. stcnographc
in the office II the recorder II deeds
c was tho next witness called BY n
I state She testified 10 typewriting n
+ monthly reports Of the recorders of
fee. under the direction Of Furman {
J, cole The witness also Identified n
$ fes. book Of the Office.
Plum1ner H. Leach. deputy count
: treasurer in 1919 and 1920. Identified n
! original reports Of the recorders offic
i, t. the county treasurer.
! Mr.. Leach said that the reports wei
4 accompanied by +. G. Coles check f
!, tho amount IN each report The TOT.
amount paid in 10y +. G. Cole durir
his term Of Office. Mr.. Leach said, W
S93s2450.
Waiter Tanning, employed IN the r
corder of deeds office for fourtec
lr years. and who was fee book clerk u
der Furman q. cole. in April. 191
y detailed the routine course Of papers
: the Office He said after papers We
4 noted in the fee book that they we
ia given To Charles Donneny to be il
r dexcd Then the papers We're place
u on r 5. Coles desk for his signatur
d Said Papers Were Missing.
iS Mr. Tanning said he had noticed tn
"a certain papers that he had placed in
d tin box where they were kept befo
J. being recorded. were missing from q
box the next morning. He said too tn
lc he learned that Mr.. Donuelly had be,
TO given papers To be indeXed that hi
I not come to him for entry in the I
er book He said that he asked +.
ld Cole at times about papers that h,
not been handled in the proper ma
ncr The recorder. he said. would L
him that he would give him the pape
later. Sometimes he would get I
papers and sometimes he wouldn't
d said. lie later stopped asking for su
or papers, he declared.
Tanning under cross -eXaminatic
a, said he made no report oI any inVes
CATION of the matter Tanning al
IT said under cross examination that
n, suspicious were first aroused when
saw T. q. cole handing papers to Dc
y nelly to bc indcXed.
}. Charles Donncuy. index clerk in [
- Office. testified to other persons har
II writing appearing in the index DO,
lie also testified 10 +. q Cole handi
lih him papers every day or two to be
'h' dexed, but which had not been record
in the fee book.
NJ Walter Fapning was recalled a
testified concerning the bill hook.
which he said, entries were made again
firms for the recording of papers.
Miss Culver was recalled and 81
las after bills were made out by her Il
es: We're placed on I. G. Coles desk.
ct, AT 110. the Court recessed until =
ct; Chief Justice Pennewil gave the us