Evening journal., 1921-04-11
Tanning GIVES
MORE TESTIMONY
Court Allows Furman C.
Cole to Remain at Trial
of Three Clerks
HANDWRITING
EXPERT ON STAND

When the trial OF William G. Cole.
Walter Babcock and Harry Fenni-
more was resumed this morning
Chief Justice Pennewil called the
attention Of the jury TO an article in
a morning paper which was In the
way OF comment on the effect OF
evidence IN the case, and cautioned
the jury. IN the event any Of them
had read It. not to be Influenced
thereby. The Chief Justice com
mented on the impropriety OF the
article mentioned and said il was
not within tho province Of a news
paper TO make comment. and hoped
II would not occur again
When court opened. Furman G..
Cole who several weeks ago pleaded
guilty and is now serving sentence
In the workhouse was In the court
room In custody Of Warden Plum
mer and a guard Deputy Attor-
ney General Finger raised the aues-
| ton whether or not IL WAS proper ne
| should be present and whether he
/ had been legally brought into court.
| The court ruled that he could re-
main and ordered the case to pro-
ceed.
Walter Tanning. who was on the
witness stand when court recessed
last Friday was called again. lie
/ said William G.. Cole Deputy Record.
er Of Deeds kept a record OF money
that came in and checking up tho
fee book. but did little else. except
keep a watch on the gate. and make
/ up deposits FOR the bank. lie idon.
tihed hand writing on some OF the
deposit slips as that of william G
Cole, and some as that Of Furmar
Cole. He again told Of Whispered
conferences between William G.
Cole and Furman Cole. in which hs
said sometimes either Babcock OF
Fennimore would join.
The witness Identified some itemi
on delivery slips as being on the fee
book and others as not being there
He said William @. Cole had tol,
him not 10 let any one see the fe,
d. book. and the witness had said a
that time it was a public record
b which people had right TO see.
on oss-examination by Attorne
, J. Frank Bail. the witness admittel
. that changing Of desks in the onc
gave more room.
The defense sought TO show b
witness on cross-examination tina
the placing Of q screen by the desl
was TO keep Furman G. Cole fror
the view OF those who were seekin
TO sell tickets and solicit contribu
tions Witness said he didn't knol
] rHhrs Fkn
r flaming denied that he was ieal
- Gus Of Babcook. on account Of IN
= latter being selected for the place h
p was filling.
IS Charles Donnelly. index clerk. tef
G tihed 70 finding entries in the inde
,, book not in his handwriting. VIII
S the railing was put up in the oflc
n Mr.. Donnelly. under cross examine
tion, said he did not know.
n Both Mr.. Tanning and Mr.. Dol
nelly were put under length
10 cross-eXamination by Mr.. Ball an
J.. Mr. Garrett.
5. Elbridge W. Stein. a hand -writin
/, expert, testified that "E's" on G.
2, delivery slips produced IN court wer
!, made by the same person that nad
80 the same letters on the deposit slip
d He could not say. however. whetht
check marks on the slips were mad
II by the same person that made th
X "Es"
.' When Deputy Attorney Gener
l. Finger offered a batch OF the slips
evidence. it was noted that some
i them were singed. Mr.. Finger. VIII,
IF the condition Of the papers was cal
g. ed TO the attention Of the court I
p counsel for the defendants. stat,
d that the defendants had nothir
r whatever TO DO with the near-bur
ing OF the slips; that the singing
ID them occurred after they had pass,
le into the possession Of the attorn
generals office.