Evening journal., 1921-03-09
COLES TOPLEAD
NEXT MONDAY
Recorder of Deeds and
Father Indicted by
Grand Jury
TWO DEFENDANTS
NOW IN COURT

Upon application OF Philip L. Gar
rett, attorney for Recorder of Deeds
Furman C. Cole, who was indicted :
yesterday by the Grand Jury on a
charge Of embezzlement by bailee
of funds coming into the Office, en-
tering of a plea in the case was
postponed by Judges Boyce and .
Conrad, in Court of General Sessions
this morning, until Monday.
Pleas of not guilty were entered
by William G. Cole. father of Fur
man, who was deputy recorder;
Harry Fennimore and Walter Bah f,
cock who We're clerks in the office.
They were indicted yesterday by the
Grand Jury on charges of conspir-
acy. Mr.. Garrett is counsel for the
Messrs. Cole and J. Frank Ball rep
resents the other two defendants.
Mr.. Garrett asked for the post
ponement Of pleading in the case OF
Recorder Cole in order to allow him
more time to consider the indict-
ment. Mr.. Garrett stated that he
will either demur or plead on Mon
day.
Chief Deputy Attorney General
Finger told the court that the State
did not oppose a postponement, but
that he thought that until Monday
was too long a time and suggested
that the arraignment be made on
/ Friday The court, however, grant
ed Mr.. CARROTS request
Mr. Babcock and Mr.. Fennimore
were in the court room this morning.
The two Coles, however. did not ap-
pear.
Date for the trial will probably be
| fixed on Friday.
The indictments charge that fees
were taken in by the office but were
not properly recorded in the fec
books. The amount charged in the
bill is 10000, but Attorney-G Cen
eral Townsend yesterday stated that
an audit Of the recorders books
shows a discrepancy of 100000.
There are thirty counts in the bill.
Harry II. Bilany. former recorder
of deeds, was appointed deputy in
the recorders office to assist in clear
ing up the muddled condition Of the
Office, following the resignation after
his arrest, OF William G.. Cole.
The arrest of these men created a
/ sensation as Furman G. Cole had a
wide circle Of friends throughout the
city. II is said that the alleged de-
falcations covered a period Of about
eighteen months. Recorder Cole had
been in Office two years when the
arrest was made 1t is reported that
duplicate sets Of certain books. some
Of them accurate and some falsihed,
were kept in the Office and that false
reports Of fee collections were made
to the county comptroller.
Just what part the elder Cole and
the two clerks took in the alleged
embezzlement has not yet been dis
closed. The indictments merely
states that "the said Walter Babcock,
William G. Cole and Harry Fenni-
more, well knowing that entries OF
all papers received in the Office OF
the said Furman G.. Cole, recorder
of deeds for New Castle county, for
record and the recording Of fees,
therefore are required by law to be
made on a said book then and there
kept in said Office of Furman O..
Cole, recorder OF deeds. as aforesaid,
and known as a fee book, and from
time to time fraudently procured
papers and so left with the said
Furman G. Cole, recorder of deeds,
as aforesaid. to be recorded in said
J Office of said recorder of deeds with
ont entries thereof and the record T.
ing fee therefor to be entered on the
said fee book"
Both Coles and the clerks hava
been out on bail since shortly after
their arrest. None Of the men were
in evidence yesterday.
Shortly after his arrest, william
} C. Cole resigned his position as dep
= uty recorder, and later the Levy,
Court laid off Fennimore and Bab-
} cock.