Evening star., 1932-08-23
DUNCAN DEFENDS
| HIS BANK DEPOSITS
Attempts to Show Right to
Mix His Own Money With
State Funds.
By a Stan Correspondent of Tn. Star.

By q Stan Correspondent OF The star.
ARLINGTON COUNTY COURT
HOUSE, Va. August 23-An attempt
to show that William H Duncan, for
mer county clerk, was legally entitled
to mix his own money with State funds,
was made today at his trial here on
charges of embezzling s7,815 intrusted
to him.
In croSs-examining Ralph E. Rem
ington, deputy clerk, the defense
brought out that Duncan averaged re-
ceiving from $1,000 to $4,000 year in
fees for registration Of deeds. He was
entitled personally to this money. Rem
ington said, but his share as well as
the portion of each fee belonging to
the State, were deposited jointly in the
account maintained as clerk.
The s7815 the defendant Is accused
OF embezzling. represented a check
turned over to him by the State High
way Commission and ordered held pend
ing determination Of land condenna-
ton proceeding, according to the
prosecution.
EntltIed 10 Otner Fees.
1t also developed that, in addition to
the fees received from recording deeds,
Duncan was entitled to a share of fees
paid for the filing of civil suits.
Attorneys Amos c. Crounse and Leo
P. Harlow made an unsuccessful effort
to have all Of the testimony given by
| Remington on direct examination
striken from the record. They contend
| oI t,1fy, fn ha
| from the State Highway Commission
was not admissible as against the de-
| fendant, because the check passed
| through his Office before the court order
! directing that 1t be deposited Ill a Spe-
cial account was drafted.
In his opening statement yesterday
Commemorative Attorney Lawrence
Douglas said the prosecution would
| show that Dun ncan checked on public
| funds for his private purposes. 1t was
believed the testimony brought out by
defense today relative to the depositing
| OF Duncan's fees with States share
of the fees in a single account was de-
| signed to offset this accusation.
Fake Notation Charged.
| Douglas, however, said it would be
! shown further that the defendant made
spurious notations on checks in an ef-
| fort to conceal the real purpose for
! which they we're drawn.
The defense secured permission
from Judge Walter T. Mccarthy to re-
serve the privilege Of making an OPEN
ing statement until after the common
wealth has closed its case in chief.
BY order of Judge Mccarthy, court
opened at 10 o'clock today and will
continue to convene at that hour for
the duration of the trial
The case, originally expected to con-
sumo but a few days, has moved slow
ly so far as result Of numerous de-
fense objections to questions put by the
commonwealth.
Court was adjourned for two hours
at noon when the defense moved to
strike all prosecution evidence and to
bar any testimony designed to show
the defendant had knowledge of the al
legged miSappropriation, on the ground
that proper foundation for such evi-
dence has not been laid. This motion
was made when the prosecution an
nounced 1t had concluded its case ex-
cept for proof of knowledge This
proof, however, is the most important
phase of its case Judge Mccarthy will
hear arguments this afternoon on this
point
Prior to the submiSs:cs Of this mo-
| tlon, george r. DoWnnam, vice preSl-
dent of the Citizens National Bank of
Alexandria, testified that on July 80,
1881. there was deposit Of S8,030, in
cluding a check for $7,815, in Duncan's
account as clerk.
Arthur Warield, cashier of the First
National Bank of Alexandria, testified
the S7,815 check was never deposited in
his bank. He made this statement after
court order of April 2, 1882, directing
Duncan to make such a deposit, had
been read to him.