Evening star., 1932-06-03
CLARK WITNESS
SURPRISES COURT
Admits Hearing Reports of
Previous Shortage at
Rockville.
" a STAFF Correspondent of The Star.

BY staff Correspondent of The Star.
ROCKVILLE, Md, June 3.-A char
acter witness testified today at the en-
bezzlement iris, Of Berry E. Clark, for
mer clerk Of the Board of Montgomery
| County Commissioners, that he had
heard Of an alleged shortage in Clark's
accounts in 1919.
This unexpected admission from the
defense character witness was secured
on cross-examination by States Attor-
ney Stedman Prescott.
The witness, J. H. Grifith, chair
man of the Board of County Assessors,
had testified on direct examination that
Clarks general reputation in the county
was good.
Admits Hearing Reports.
On discrimination, States Attor-
, ney Prescott asked: Did you ever hear
that Clark was short $4,000 in 1917,
1918 and 1919, and that this sum was
made up by his family?"
Griffith replied that he had heard re-
ports of this alleged shortage about 4
year ago.
Taken by surprise. Defense Attor-
ney Bernard Welsh asked the witness
if he had not stated few minutes be-
fore that he did not know anything
about an alleged shortage in 1919.
No" the witness replied, Il told you
did not know anything detrimental
about his honesty"
Clagett c. Hilton, a present member
OF the Board of County Commissioners,
| testified his attention had been called
by newspaper reports to alleged irregu-
larities in Clark's accounts in 1890.
Did you and the other commits
sioners make any investigation to de-
termine the truth or falsity of these
charges?" Welsh asked.
Il can't remember" the witness an
swered
Did you ask for a statement Of his
accounts or check up on his funds?"
Il don't remember"
Unable to Remember.
Did you tell Clark that you would
back him up?'
L can't remember those details"
Were you and the other commits
sioners entirely satisfied at that time
with the way in which Clark was run
ming his office?"
Yes. We were satisfied"
Other character witnesses this morn
ing included Douglas NJ. Blandford.
| mayor of Rockville; Judge Charles w
Woodward Of the Police Court, William
l.. Aud, former sheriff Harvey J. White,
former member Of the State Legislature;
Furr White, former county commits
sioner; Judge P Hicks Ray OF the
! Orphans Court and George E. Nichol-
| son, a former sheriff
Concede Private Deposits.
The high lights Of yesterdays hearing
came when counsel for the accused man
said they would concede he had drawn
| checks on the account he maintained
| as clerk to the Board Of Commissioners
and deposited these checks in his per-
sonal bank account.
1t had been testified by Cashier
George P. Henderson that Clark main
tanned the two accounts in the Mont
| gomery County National Bank.
Mr.. Henderson said Clark had drawn
! two checks for a total OF 1886 on the
I account he kept as clerk and deposited
them in his personal account.
Counsel said they would show these
| acts did not constitute embezzlemenu
because Clark had no intention OF
stealing.
The State rested its case soon after
the concession had been made
H. F. Teitman. certified public ac-
! countant, was called to the stand by
Prescott to establish that certain re-
ceipts showing proper payments of
money by Clark did not cover items al
legedly embeZZled. These receipts had
| been introduced in evidence by Defense
Attorny Welsh. The defense objected To
its witness being used by the State for
this purpose, however, and this OBJ
! lection was sustained on the ground
that the papers were the best evidence
Mrs. Mary O'Brien, assistant to Clark
while he was clerk, was called in an
effort to prove that the record of money
| received for the care of insane patients
showed payments which we're not re-
! flected in the cash ledger of the clerk
office. The defense objected to Mrs
O'Brien's testimony on the ground that
these records did not purport to be a
complete record Of receipts and disbuse-
ments Of the office
| Prescott, however. said he would
show that every item OF cash covered
by the receipts introduced by Welsh
were properly entered on the books,
while other items, allegedly embezzled,
were not entered. From Mrs. O'Brien
! Welsh adduced testimony on cross ex-
animation that there was no attempt at
secrecy In the keeping Of the books.
The defense called the following as
character witnesses: Father Charles O.
Rosensteel L. A. Chiswell. George NJ.
Hunter John w. Henderson. J. Roger
Spates. John H. Hunter and yelling
ton Welsh