Evening star., 1932-06-01
TRIAL TOLD
|OF BIC SUMS PAID
FOR CARE Of INSANE
Prosecution Hopes to Prove
Former Clerk Converted
Money to Own Use.
DEFENSE OBJECTIONS
0VERRULED BY COURT
Witnesses Declare Payments Made
to Reimburse Commissioners
for Care of Inmates.
BY staff Correspondent of The Star.

BY staff Correspondent Of The Star.
ROCKVILLE, Md. June berry E.
Clark, now on trial in Circuit Court
! mere on charge of embezzlement. to-
DAY heard nearly a score of witnesses
/ testify they had paid him as clerk 10
| the Board Of Montgomery County
| Commissioners, large sums of money.
Wnlch, the prosecution has announced it
VIII show, were subsequently converted
| TO his own use.
The witnesses called this morning
| by States Attorney Steadman Prescott
said the money they paid in was to
reimburse the commissioners for the
care and treatment of relatives in va
rious institutions for the insane.
Objection OverruIed.
| All this testimony went in over the
objection of counsel for the defendant.
/ VINO contended the money properly be-
! longeQ to the State and for that reason
! could not have been embezzIed from
| the county
Ihls point was raised Yesterday and
| Presiding Judge Hammond Urner an
nounced today that he and his asso-
ciates, Judge Robert E. Peters and
Judge Arthur D. Willard, had decided
I 10 CFerrule the objection.
Clarks attorneys, Bernard Welsh,
! Thomas L. Dawson, Albert NJ. Bouic
and E. Barrett Prettyman, secured an
exception to the ruling.
The former clerk to the county COM
mlssioncrs was indicted for several al
legged embezzlements aggregating $780,
900. He is on trial. however, only on
the charge Of embezzling S426.
Attorney on Stand.
Late yesterday afternoon the State
called Roger ]. Whiteford. one of the
attorneys for the Board of Commits
sioners. to the stand.
Whiteford said he accused Clark of
! embezzling county funds and that the
( former clerk to the board admitted he
could not produce approximately $4,000
| which had been paid over to him as
representative of the commissioners.
This will be the ruination of the
Clark family he quoted Clark as
| saying
No" Whiteford said he replied. 1T
will not ruin the Clark family, but it
may mean the ruination of you by
! reason of what you have done"
! Whiteford said that on March % last
! he and Louis Bond. a representative of
/ the firm of auditors. who examined
Clark's books, visited the former clerk.
Asked About Accounts.
Il asked Clark where he had kept
the accounts Of money received from
sheriff and building inspector fees. He
, just sat and looked at me for minute.
repeated the question. Finally he
said he kept them in his account as
cleri. to the board in the Montgomery
County National Bank.
/ Bond reminded him that he had de-
I MED the existence CT such an account
several days before. Clark said he de-
MED it because he did not consider the
account an official one
The witness then said he requested
| Clark to authorize an examination of
the account in the nane of the clerk.
and that the latter gave the authorize
ton TO the bank by telephone. After
a con parison of cheek stubs on the
/ Official account with the pass book cov-
ering Clark's personal account. White
ford said he decided an examination Of
the records Of the personal account
would be necessary il tracing county
funds.
Now. YOU are after me- aren't you?"
Whiteford said Clark exclaimed.
No" Whiteford said he replied. Il
am after the county's money wherever
it is
He said Clark hesitated and finally
consented to an examination of his
personal bank account.
Interview Declared Requested.
On croSs-eXamination by Attorney
Bernard Welsh. it was brought out that
the county commissioners had requested
Whiteford to interview Clark. In re-
sponse to a direct question. Clark de-
MED that E. Brooke Lee had sent him
to Rockville
Whiteford said he felt that. as at
torney for the commissioners, he had
authority to question Clark, and that
he felt justified m pressing the inquiry
when he discovered certain "peculiari-
ties in the clerks records.
The first witness called was Lacy
Shaw. president of the Board of Com
missioners. Mr.. Shaw said he had
complete confidence in Clark and that
he. as a member of the beard. had
always accepted the clerks financial
reports. He said he was satisfied with
Clark's method of handling his &C
counts
This was in line with the opening
defense statement by Welsh that it
would be proved Clarks books were
kept to the satisfaction of the Board
of Commissioners. The attorney told
the Jury that Clark did only what the
board allowed him to do, that all Of
his actions were open and above
board. and that all of his obligations as
clerk were met promptly.
Two other witnesses, Clayton K.
Watkins, clerk of the Circuit Court,
and o. A. Donegan. representing a
Baltimore bonding house, were called
for the technical purpose of establish
ing that Clark was clerk to the board.
Opening Statement.
In his opening statement. Prescott
said it would be proved by the State
that Clark, over long period of time,
had drawn money from his account in
the Montgomery County National Bank
as clerk to the Board of Commissioners
and deposited it in his personal ac-
count. subsequently using the money
for private purposes. The embezzle-
ment charge is based on these al
legged acts.
The members of the jury are: Elbin
Leishear, Brighton: Edward Candy,
Rockville; Alfred L. Fraley, Redland !;
Carson w. Pope, Redland; Albert F.
Thompson, Gaithersburg; Noble B.
Embrey, Potomac; Preston L. Snyder,
Travilah: Thomas M Darby, Damascus; !;
James W. Burdette, Boyds: John Bur-
dette, Woodfield; Basil C. Bowie, Ken
sington, and Randolph Win6sor, Cedar
Grove.