Evening star., 1932-09-08
CHANGE Of VENUE
ON CLARK ARGUED
State and Defense Complete
Presentation in Case
at Rockville.
BY staff Correspondent of the Star

by StaH correspondent OF the Star
ROCKVILLE, Md, September "a
petition of States Attorney Stedman
Prescott for change of venue in the
case of Berry E. Clark, former clerk
OF the Board of Montgomery County
Commissioners, who is under indictment
on 81 counts charging embezzlement
OF county funds, was being heard in
Circuit Court here today before Chief
Judge Hammond Urner and Associate
Judges Robert B. Peter and Arthur D..
Willard.
Both the State and defense COM
pleted their presentation of testimony
by noon. Arguments by rival counsel
were to be heard by the court this aft
ernoon.
Political Differences Cited.
Prescott charged in his opening
statement that the State could not OBJ
tain a fair and impartial trial in the
county because of the critical differences
arising from the bitter fight between
the so-called Democratic organization
and anti-organization factions during
the Democratic primary held for the
county election two years ago.
Prescott called only one witness to
the stand, Kenneth Lyddane, Rockville
attorney, who testified that, in his opin-
ion, he felt that political bitterness still
existed in the county and that it had
great effect on the trial of Clark here in
June, in which jury stood ii to / for
acquittal on the final ballot and was
discharged when It was reported that
the jurors were unable to agree upon q
verdict.
He also testified that, in his opinion,
this same bitterness would have SIM
liar effect in any future trial.
Present 81 Afidavits.
The States attorney rested his case
after presenting 81 affidavits signed by
prominent citizens of the county in
which they set forth they had heard the
case discussed both in the court room
and throughout the county and were
OF the opinion that the State could not
nave fair and impartial hearing.
The afidavits of the. citizens set forth
that practically every time the case is
discussed matters of political opinion or
politics are discussed Herewith, together
with other conditions existing in the
county"
Signers Of Petitions.
Those who signed the petitions. which
were filed by the States attorney several
weeks after the June hearing, were
The following, which include the fcre-
man and several other members of the
grand jury which indicted Clark, were
the others to file affidavits: Frank D.
Leizear, Allan Farquhar, Arthur D.
Farquhar. Milton Bancroft, Frank j.
Downey, Francis S. Thomas, Charles w.
Ray, Richard c. D. Hunt, George c.
rick. William H McCeney, George r.
Bean, Robert Miller, Charles E. Bond,
Florence M Bond, S. w. Magruder, John
r. Harris, Jesse H. Magruder, Russell
S. Magruder, Charles B. Sellman, H. G.
Ward, Clinton c. Roger, Charles A.
Roberts, Chester r. Clagett, David S.
Tuohey, DR.. Frank j. Broschart, Clyde
E. Thomas, Marshall M. Walker, j. G.
Ward, r. w. Farmer, John Imirie,
Roland Wootton, Charles A. Boyer and
Maurice S. Ward.
McCeney was the foreman of the
grand jury which indicted Clark.
Signers Called to Stand.
A number of those who signed the
afhdavits were summoned to the stand
by F. Barnard Welsh, who, with Albert
M. Bouic, is serving as defense counsel
for Clark in the hearing, and were asked
whether or rot they believed it was
possible to obtain jury which, under
oath, would give both Clark and the
State fair and impartial trial.
Several told the court they were of
the opinion that political bitterness
would have some effect upon the trial
OF the former treasurer and that, in
their opinion, the case should be tried
IN some other Jurisdiction, where the
political situation in Montgomery
County would have no affect on the
outcome of the trial.