Evening star., 1932-06-02
STATE MAY CLOSE
BERRY CLARK CASE
AT SESSION TODAY
Compromise Between Coun-
sci Hastens Competition of
EmbezzIement Trial.
HOUSEHOLD EXPENSES
ADMITTED BY DEFENSE
Agreement Eliminates Necessity of
Calling Score or More Witnesses
Already Summoned.
BY Staff Correspondent of The Star.


ROCKVILLE, Md, June "A sec
ond compromise between counsel this
morning hastened completion of the
embezzlement trial in Circuit Court
here OF Berry E. Clark, former clerk
to the Board of Montgomery County
Commissioners.
This mornings agreement between
counsel, together with a similar one
yesterday, has eliminated the necessity
of calling a score or more Of witnesses
and has resulted in the expectation
that the State will rest its case against
Clark late today.
When the hearing opened this morn
ing, States Attorney Stedman Prescott
called several representatives of Wash
ington department stores and other
business houses in an effort to show
how Clark spent money he Is alleged
to have embezZled from the county.
After John F. Pyle of Woodward &.
Lothrop, F. B. Bureau and Thomas j
CroWell. representing a concern selling
artificial gas. had testified. however
the defense announced it was willing
to concede Mr. Clark had paid these
and many similar household expenses
with checks drawn on his personal
bank account
Two SneCkS huleO
Mr. Prescott then said that in view
Of this stipulation it would not be
necessary to call number of witnesses
he had subpoenaed TO identify checks
Presiding Justice Hammond Urner
and his associates. Judges Robert Peter
and Arthur Willard, limited the de-
fense this morning in their examination
of Walker j. Forest county treasurer.
Clark's attorneys had attempted to
examine Mr.. Forest concerning two
checks turned over by Clark to him
but the court ruled out this testimony
on the ground the checks were not
issued during the period of time COW
cred by the indictments
It was also brought out that the
county treasurer mad paid Clark S728
for helping him prepare the tax list in
1880.
Clark is on trial on one Of 81 indict-
ments charging him with embeZzling
approximately s5o.OOo of county funds.
The single indictment alleges the en-
Bernard Welsh, Albert M Bouic
Thomas L. Dawson and E. Barrett
Prettyman. have informed the court
they expect to prove that all Of Clark's
official actions were known to his su-
periors and that his accounts were kept
in a manner which had received their
approval.
Knew About Account.
It was brought out yesterday that
no secrecy surrounded the account
Clark maintained as clerk of the board.
Three county officials-Mr. Walker.
Sheriff Richard A. Lansdale and Joseph
B. Pyles. former sheriff-admitted they
had received a number of checks from
Clark drawn on this account.
In response to question by Barnard
Welsh. defense attorney. Walker said
he regularly compared all cash ledgers
of the county treasurerS office with
those of Clark's office.
Why were these comparisons made?"
Welsh asked
ITO make the books agree" the wit
ness replied
Counsel for the defendant sought to
show whether these comparisons ever
revealed a shortage in Clark's accounts,
but the prosecution objected to this
line of questioning on the ground that
any facts pertaining to the results of
the examinations should be shown by
introduction of the books themselves.
This objection was sustained by the
court
Mr. walker SAID he IldO IeCelNcO q
great many checks drawn on the Berry
E. Clark, clerk" account, but that dur
ing the period from January, 1880, to
February 16, 1881. he had received only
S16.35 from the county's share OF fran
chiSe tax refunds.
Hearing Shortened.
The court permitted the defense to
show by examining Walker that Clark
had paid over large sums CT money to
the county treasurer during the period
covered by the indictment.
During the day the prosecution in
troduced testimony to show Clark had
received a great deal of money from
refunds on franchise taxes, refunds for
the care of insane patients and sheriff S
fees. 1t is claimed that a portion of
this money, allegedly the property of
the county, was embeZZled by Clark.
The trial was shortened appreciably
yesterday when opposing counsel reached
an agreement on the introduction OF
checks which the State contends reflect
entertainments. The prosecutor had
secured large number of these checks
and had planned to call as witness
the maker of each one. BY agreement,
however. it was stipulated that the
signatures on the checks. both those Of
the maker and Clarks' as indorser, were
genuine and that the checks were de-
posted in the account he maintained
as clerk. 1t was also agreed the
prosecutor be allowed to state the pur-
pose for which each check was drawn.
These agreements dispensed with the
necessity OF calling witnesses to prove