Evening journal., 1921-04-12
SON, JAILED,
Will TESTIFY
FOR FATHER
lcontlnued from flrst pagel

unity of design and purpose cannot
be proved by suspicious circum-
stances. Furman G. Cole always
spoke in a low tone OF voice, one wit
ness said, it was pointed out by Mr..
Ball
The State, Mr. Ball maintained,
neglected to prove that Furman c..
Cole had embezzled any money Of
the office, and failed to prove certain
allegations set out in the indictment.
The entries made by Fennimore
and Babcock in the books were not
unlawful. the attorney said. Moth
ing was done by either TO conceal
anything of the office, he declared.
Mr.. Garrett contended that there
was no testimony to show that Will
liam G. Cole had guilty knowledge,
received any benefit from or took
any action in the alleged embezzle-
ment of money from the recorders
office. Testimony showed, too. he
pointed out, that Furman G.. Cole
held private conferences with others
besides the defendants I'm a low tone
OF voice. In referring to testimony
given by Walter Tanning fee book
clerk in the office, Mr.. Garrett re-
ferred to flaming as one who had
a guilty knowledge"
In answer to the argument Of Mr..
Ball and Mr.. Garrett. Deputy Attor-
ney General Finger said that they
were arguments more fitting to be
made before a jury but that they
were not proper on a motion for
binding instructions He contended
that the state did prove the ombez-
element OF money from the office.
and did prove all that was required
under the Indictment
Mr. Ball remarked that Mr Fin
gers opening remark. that he was
az a loss as TO what to say in an
swer TO the argument" was charac-
teristc OF the States whole case:
that it was at a loss as to what to
prove.
After the court had denied the
motion OF counsel for the defendants
FOR binding instruction. Mr.. Garrett
and Mr.. Ball explained to the jury
what they proposed to prove
Mr. Garrett. in reference to the
evidence Of the State. said that there
was no direct testimony that any
conspiracy existed; that the testi-
mony was piecemeal. lie said il
would be shown that what the de-
PENDANTS did in the Office was under
the direction Of their superiors
Mr.. Garrett told the jury that w.
G. Cole became deputy recorder OF
deeds the latter part Of April. 1919.
but that he was deputy in name
only; that he gave Tanning 500 to
instruct him as TO the duties of the
Office, but that Tanning never did
instruct him. Mr. Cole never made
an entry in the index book, said Mr..
Garrett.
Mr.. Ball said that the defense
would not deal with suspicious, but
with facts. What his clients did was
lawful and necessary in their duties.
They did what they were ordered to
do, declared the attorney.
Mr.. Ball announced that Furman
G. Cole, former recorder, who is now
serving five years Imprisonment for
embezzlement OF fees OF the office,
would take the stand in behalf OF
the defendants.
William G.. Cole was first called by
Mr.. Garrett. He said that he be-
came Deputy Recorder under his
son the latter part OF April, 1919.
but that even today he doesn't know
the duties OF the position he held.
After becoming deputy. he refused
TO handle any of the Office money,
because five or six different ones
were handling it, he said 1t was not
until a day slip" system was started
that he handled any money OF the
office, the witness testified. Mr.. Cole
said that he didn't even know the
combination Of the office safe. He
{ testified that about all he did was to
make out bank deposit slips and
/ sometimes check the day slips and
/ fee book. He said he never knew
I there was anything wrong In the Of
I fee. "And l don't know yet why ]
was arrested" he added.
Under cross-examination, Mr.. Cole
I identified some entries in the fee
book as being In his handwriting
but had some difficulty in recogniz.
ing entries be was supposed to have
( made
Wilbur L. Adams. attorney. VIII,
has much business in the recorder
Office. testified that he often talke,
with Mr.. Cole in back OF the screei
I in the recorders Office.
Mr.. Babcock was the next witness
I He testified that. with the exception
] Of two years. he has been employe,
in the recorders Office since 1900
and explained the desk arrangemen
Of the Office. There was no evi
object in erecting the railing abou
the desks Of the clerks in the office
he said. the purpose OF the railing
being TO keep persons from inter
fering with papers on the clerks
desks. The screen was placed IL
the Office 20 afford +. G. Cole som,
privacy. he said, that he might no
be troubled by numerous callers a
the Office.
Babcock testified that he knew tn,
. combination Of the Safe and that h,
knew the com mbination Of the saf,
under all recorders that he has serv.
ed. He said that he never inter.
fered with any papers 20 keep Fan.
ming the Textbook clerk, from enter.
ing them in the fee-book. He also
said that he did not know the sirni
I hcance Of certain check marks a,
e delivery slips that had been admit
I ted as evidence.
Fennimore. Babcock testified al,
nothing more than enter in the fe