Atlanta tri-weekly journal. [volume] (Atlanta, Ga.) 1920-19??, 1922-03-23
OKLAHOMA FARMERS ARE
HOPEFUL, DESPITE PAST
R. n. BERR|E|V, JR.,
PLACED ON TRIAL

Trial OF K. N. Berrlen, Jr., FORMER
bond broker, on a charge of larceny
of county school warrant funds, be-
gan early Wednesday afternoon be-
fore Judge John D. HUMPHREYS in
Fulton superior court.
The indictment on which Berrien
is being tried-one of twelve similar
indictments pending against Inn
alleges larceny of deferred school
warrant funds to the amount OF
81 ,041.17 from T w. Coward, super
intendent of Murray county schools.
Attorney j. l.. Anderson attacked
the Indictment on which Berrien is
being tried, demurring to each of
the four counts. Three of the counts
charge larceny of funds from Super
intendent Coward and the other
count alleges larceny of funds from
NJ. l.. Britain, state superintendent
of schools. His demurrer was over
ruled.
In the demurrer Attorney Ander-
son charged that superintendent
Coward and Superintendent Britain
had no authority to delegate Ber-
rien as a trustee of county school
funds-"to establish a bailment of
the county's money" He further
declared the Indictment does not
identify the funds alleged to have
been misappropriated by Berrien
and does not specify how the money
was disposed of.
The court was to recess for lunch
Immediately after the jury was
chosen.
Berrien, who discounted state
school warrants for two years, is
charged with having misappfopriat-
ed about $4,000 of the funds.
The alleged defalcation is said to
have been discovered several months
ago when drafts issued to a number
of school superintendent through
out the state were turned down by
local bank.
An investigation Immediately was
begun by state authorities, who dis
covered the alleged shortage. A
warrant for Berrien's arrest was is
sued, but the banker evaded detect
ives and his whereabouts was I'M
known to local authorities for
number of weeks.
About six weeks ago, however,
Berrien was arrested in a brokers'
office in New York by Pinkerton OPP
eratives.
Berrien has been in the Fulton
county Jail since a few days follow
ing his arrest in default of $4,000
bond.
Fl e additional indictments
against the broker were returned
Tuesday by the grand jury. All of
the bills charged him with larceny
after trust in transactions with SUI
perintendents of county schools.
Prior ito the return of the bills
Tuesday there were seven indlct-
ments standing against the broker.
The first general indictment
against Berrien charged him with
larceny after trust of $43,8ll IN
state school warrants. For fear OF
technicalities that might arise, II
was decided that indictments should
be returned from the separate
counties. Eleven of these have been
returned, these being in Liberty,
Murray, Brooks, Chattooga, Eman-
uel, Bulloch, Dade, Heard, Chatham
and Lumpkin counties.
The indictments charge that Der
rien embezzled 1925 from ]. j. Size
more, superintendent of schools in
Brooks county; $3.50 from j. w.
Davis, superintendent of schools in
Bulloch; $5,S46 from r. E. Round
tree, superintendent of schools in
Emanuel county; $2,4O6 from F. E.
Iones, superintendent of schools in
Chattooga; $2,435 from E. B. Way,
superintendent of schools in Liber-
ty; 50, 041 from T. w. Coward, super
intendent of schools in Murray coun-
ty; 1884 from j. j. Duggan, super
intendent of schools in Dade; 1915
from w. E. Denny, superintendent
of schools in Heard county; $10,061
from c. D. Gibson, of Chatham
county, and $2,437 from c. Schultz.
Of Lumpkin county.
The law firm of Watkins, Russell
and Asbill and Attorneys James l..
Anderson and John S. Highsmith
represent Berrien.
Miss Laura Berrien, d sister of
the defendant and a practicing
lawyer of Washington, D. c., was
on hand to assist as counsel in the