Evening star., 1932-05-31
BERRY F.. CLARK
IS PUT ON TRIAL
Validity of Indictment Is Up.
held at RockviIIe-Jury
Selection Starts.
By STAFF Correspondent of The Star.


ROCKVILLE. Nd. May 31-After
the validity OF the indictment had been
upheld, the trial of Berry E Clark
charged with embczzling approximately
10000 while serving as clerk to the
Board of Montgomery County Com
lnlssioners, began in Circuit Court here
.0day.
Counsel for Clark attacked the legal
ity of the indictment on which he is
being tried, contending it charged him
with a felony. whereas he could be
guilty of nothing more than a mis-
demcanor. if anything. The defense
also attempted to secure a bill of
particulars specifying the particular
sums of money paid over to the county
commissioners and allegedly embeZZled
by the former clerk
States Attorney Stedman Prescott
contended it would be virtually i'm
possible for the State to identify the
particular items or sums of mcnev
9llegedly embezzled from the general
funds Of the beard.
Contentious Overruled.
Chief Judge Hammond Urner and
Associate Judges Robert E. Peter and
Arthur D. willard, overruled the de-
fense's contentious.
The court then proceeded with the
task of selecting jury, which is eX-
pected to consume all of today at least.
Only six men were sitting in the jury
box after two panels had been exhaust
ed, the defense having exercised nine
peremptory challenges and the State
three.
One juror was excused when he said
he had already formed an opinion as
to the guilt or innocence of the de-
fendant.
The sheriff was then instructed to
call in 40 talesmen he had previously
notified to be present in case they were
needed. Counsel for the defense, how
ever, objected to these men being call
ed. pointing out that the case had been
given wide publicity. and that these
men. knowing they were to be called as
potential jurors. may have formed con-
clusions detrimental to the defendant
Judge Urner said he had no doubt as
to the validity Of the practice of noti-
flying additional jurors to be present in
case of need but that. in difference to
the wishes of the defense in this case,
the usual practice would be followed
The sheriff was then directed to go out
on the street and summon 10 tales
men in the usual way.
Clark is being represented by Attor-
neyS Barnard Welsh, Albert M Bouic.
Thomas L. Dawson and E. Barrett
Prettyman.
Tried on One Indictment.
The former clerk to the Board of
Commissioners was charged with en-
beZZlement in 81 indictments returned
against him several months ago. He
was being tried today, however. on only
one OF these indictments, charging him
with the embezzlement from the county
of approximately S400.
Clark, who is ST years old, is life
long resident of Montgomery County
He has wife and one married daugh-
ter.
Before becoming a clerk in the Office
of the county commissioners in 1904,
he was employed as a clerk for a num-
her of years in the Office of the register
of wills Of the District of Columbia For
a number Of years he has been men,
Der of the Democratic State Central
Committee for the county. and is now
chairman of that committee.
Early last Fall the county Commis-
sioners engaged New York firm of
certified public accountants to audit the
accounts of various county officials
Upon completion Of the audits the
alleged $4,000 shortage in Clark'S ac-
counts was revealed and on the same
day he was removed from Office and
placed under arrest. He was released
on $4,000 bond, which was increased
to $4,000 after he had pleaded not
guilty on arraignment.
The trial of the case IS expected to
consume all of this week. as "a wit
neSSes have been summoned by the
State and 81 by the defense
When the hearing opened this morn
ing every seat in the large court room
was taken and scores CT men and
women stood in the rear A number of
others turned away when they found
they would be unable to get seat.