Evening star. [volume] (Washington, D.C.) 1854-1972, 1932-06-04
CLARK JURY FAILS
TO REACH VERDICT
Panel Locked in Room All
Night, but Is Unable
to Agree.
BY STAFF Correspondent Of The Star.

BY Stan Correspondent Of The Star.
ROCKVILLE, Md, June AFTER
celebrating all night jury in Circuit
Court here has been unable to reach a
verdict today In the embezzlement trial
OF Berry E. Clark. former clerk of the
Board of Montgomery County Commits
sioners
The jury was given the case shortly
after 10 o'clock last evening and. under
instructions of the court. the members
of the panel were locked in the jury
room all night.
The last vote taken was reported to
be to 3 for conviction.
In their closing arguments, counsel
for the defendant asked the jury to be-
lieve that Clark was being made the
goat" Of the political group in Office
in the county so that the gang might
hang on"
They admitted that he withdrew
county funds from an account he main
tanned as clerk to the board and de-
posted the money or checks in his
personal bank account, but argued he
did not do SO with any intention Of
stealing the money. They said all of
his acts were known or should have
been known to superior county officials
mitted, they were equally as guilty as he
The final argument was made by
States Attorney Stedman Prescott after
the defense attorneys. F. Barnard
Welsh, Albert M. Bouic. Thomas L. Daw-
son and E. Barrett Prettyman, had con-
cluded.
The States attorney denied the pros
ecution was motivated by politics in any
way and said his duties as prosecutor
were particularly unpleasant because of
his close friendship with Clark and
members Of his family
Checks in Evidence.
IT want it distinctly understood" he
said. that Mr.. Clark is being prosecut-
ed here because evidence was turned
over to me which I believed should be
given to a jury. If any one knows Of
any such evidence against any other
county official will also present that
evidence to a jury"
The States evidence consisted almost
entirely of checks which were shown
the jury by Prescott.
In the instances Of alleged embezzle-
ment it was shown that Clark drew a
check on the account he maintained
as clerk. deposited it in his private &C
count and then checked the money
out Of the private account in payment
of personal expenses. Prescott intro
duced checks which he said revealed
the former clerk had converted ap-
proximately $4,000 of county money to
his own use during the period of time
covered by the indictment.
Clark was tried on an indictment al
leging the embezzlement Of $426 on
= November is, 1880. The grand jury,
however. returned So other indictments
against him, alleging a total embezzle-
ment Of about $4,000
Clark Didn't Testify.
The defense rested its case yesterday
without placing Clark on the stand.
The last witness was his crippled wife,
who denied they lived extravagantly or
that clark ever squandered money.
She was called upon to explain q
number of checks drawn on Clark's per-
sonal account and said they were in
payment Of food. clothing and other
household bills. Prescott undertook to
show. however, that these bills were
much larger than those Of the ordinary
family and that they were paid in part
with county money.
The defense put on two additional
character witnesses yesterday. They
were Mrs. Ella Cashell, a neighbor, and
Ohio Trundle of Gaithersburg.
Robert D. Hagner, now q member of
the board Of county commissioners, was
called to testify concerning an audit
he made of Clark's books for the year
ending June 80, 1880. He said he found
nothing wrong with the books and so
advised the commissioners. The defense
contended that had he made a proper
audit he would have discovered the
alleged irregularities.