Evening star., 1932-08-16
MOVE TO DISMISS
BALL Jury STUDIED
Prosecution Hears One Mem
ber Expressed Opinion De-
fendant Is Innocent.
(continued From First Psge.)

Continued From First Psge)
actually began. Mackey contended that
under the Virginia statute the quahh-
cations of the Jurors could not be at-
tackled once they were sworn in.
Commonwealth's Attorney Douglas
was examining a witness concerning
defouIt in county bonds when one OF
Iie questions met with defense oo-
lection. During the ensuing argument
Guv S. Zepp, the juror, turned 10 the
Judge and said ~ :.
"If your honor please, all OF TINS Is
clouding the issue in the NINA OF at
least one juror. s tor
While a court attache raped lot
order Judge Mccarthy suggested tnat
Zepp let him handle that phaSe Oh 'iie
matter.
Question Is Withdrawn.
Frank 7, Ball. one of the defense at
.o-1o,-s comnlained to the court that
ze,1n,s observations clearly indlcateo
4ieat the line of questioning followed by
tha nroSecution was actually confusing
tho nIrv The matter was otoppeu
when Douglas Withdrew the question.
I, Is understood an effort Will ne
,,aGe 10 stimulate concerning Some o4
tta mass of documentary eVloehce "a
nected to figure in the case, 4o.
County Manager Poy >. brao5li .oY
tilted that Ball submltteo ~ Llni 81
financial statement as OF tt DesttiI hod a
1o91 showing that the county nay a
80 80 If s1I9452 Sc to its credit at tlat
i've Rraden said this figure dld not
i,cI,ide nublic school funds, state lullus
~ water debt funds, hut related oliiS
IN various funds of the county ,,o
The prosecution is expected 10 mar
a+tep1nt to show that this report was
Misleading and that Ball actually nag a
,,,,Ich smaller balance on hano az Ila'
time.
Testimony Stricken Out.
Testimony by Braden concerning a
renort of the finances OF tne Cfeasuatt .;aI,a,,
office for January, 1882, was stIiehen
o,1t when it developed the report was
SIGNED merely County Treasurer anu
+pat II was received from Deputy
treasurer D. R. Bolen While Ban was
not present. 49,, aoferse at
on examination the de1ense az "
tempted to show that the olo Doalu iS.oJ,, va
tSeir fnnas and that Ball made up
these deficits from private or otner
sources This line OF inquiry was
5ronned however, when it developed
that Rraden had no personal kno"leose
of the incident. - :, +ha county
+reasurer's Office. was called to prove
that Ball received $24,4 Asa last January
Defense Attorney Crandall Mackey ol-
fered to stipulate that this ngure WaS
correct. and Chaney was not eHaii1iieu
StN4
further on this polnt. -, o;d be
Under cross-eXaminatlon ne SAID ne
r,o~xed in the Office eight and one-naH
wears and that during that time tne
ceeh hook was never balanced. He saio
annroximately S150000 was paid OUT III
cash each year on county warrants, pay
rolls, etc.
Defense Outlines Issue.
Nackev told the jury in his opening
statement Yesterday the only issue IS
whether Ball knowingly and felonlous-
II stole S24,454."
Our defense" he declared, is slfrpie.
We will show that every cent ne took III
was spent for public purposes ana tnat
not a penny soiled his nanoS. AN VI
this money involved in this supposed
shortage went to the State or county,
and because the auditor doesn't know II
is merely reflection on him.
I'VE will show you that none OF thlS
money went to Ball or any one con-
nected with him-that he is poor
man without dollar to his name. we
will show you that what they can klt1le
checks was perfectly honorable. he got
nothing, the State lost nothing. we
will show that the money they say
didn't 90 to the State was really spent
in Arlington County for public pur-
poses"
Prosecution Case Stated.
Douglas said the prosecution ex,
Dected to prove three thlngs-that Ban
was county treasurer during the perloo
of time covered by the indictment, that
he collected funds in this capacity and
that he knowingly paid them over
otherwise than in accordance with law
I'VE will show" he declared, that IN
this a crime was committed.
The prosecutor pointed out that the
s24454 represented license fees paid
in to Ball during January, 1882. Al
though he was asked for this money
and promised to pay it." Douglas SAID,
she never has paid it and never had IL
to pay
Ins Denny, jr, said the prosecution dld
not have to prove Ball intended to con-
vert the money to his own use, put
only that he knowingly misapproprla-
ted it.
Statement Is Interrupted.
Douglas resumed his statement, but
was interrupted by Mackey, who ac-
cused the prosecutor of trying to bring
in extraneous matters in an attempt
to influence the jury against Ball.
Douglas said he expected 10 snow
only one Misrepresentation, but that ne
did want to prove Ball juggled figures IN
his Office for two years in an effort to
deceive the auditors, and that on two
occasions he kited checks, one for
SI27.5oO on June go, 1890 and another
for SI08,0 900 on June 80, 1881. He said
this was done in an effort TO make the
treasurer's bank balances appear higher
than they really were.
On February 16, 1922, Ball drew a
check for $4,000 on public funds to pay
personal obligation at the Citizens
National Bank of Alexandria, Douglas
declared.
The prosecutor said it also would be
shown that on December 81, 1881, Ball
reported he had $4,000 OF county
funds. not including school or State
funds. on hand, although bank state
ments showed only $4,000 at that time
Deputy Is First Witness.
The first witness was r. E. Reming-
ton. deputy county clerk, who said Ball
was treasurer Of the county for about
"a years prior TO February 26 last. In
response to a question from the de-
tense. he said Ball was bonded for
$500 900.
Benjamin c. Laycock. deputy com
missioner of revenue, testified that S24,-
asa was received from licenses last
January. The defense conceded this
point.
]. o. Faison. connected with the
state treasurers Office, said he received
two checks from Ball last December
IS. one for S6.296 20 and one for 1926