Evening star., 1932-08-19
WRANCLE CAUSES
BALL CASE DELAY
Attorneys Unable to Agree
on Instructions to Jury
by Judge Mccarthy.
BY STAFF Correspondent of The Star

BY q Staff Correspondent of The Star.
ARLINGTON COUNTY COURT
HOUSE, Va, August 19-Difficulty in
preparing defense instructions to the
Jury today DELAYED the trial here of
E. Wade Ball, former county treasurer,
on charges of feloneously misappropri-
ating public funds.
Court was adjourned this morning
until o'clock when 1t became apparep..
that 1t would be impossible to reach a
final agreement on the instructions be-
fore that time. Judge Walter T. Nc
Carthy called IN the Jurors and excused
them until that hour.
1t was understood counsel for the de-
fendant were insisting that the Jury be
instructed that the prosecution must
prove he had felorsous intent to mis-
appropriate money at the time of the
alleged commission Of the crime The
prose cution, it vas said, objected to
this Instruction. holding they were ONLY
obligated to Prove that he knowingly
misused the rubi;c money.
May Hold Session Tomorrow.
In view Of the unexpected delay,
there was possibility that the case
mlgEt not be giIen TO the jury TO-DAY
Judge Mccarthy said he had not decided
how late he would sit before adiourning
for the day. He said. however, that he
would hold court tomorrow If the case
was not finished today.
1t was understood the defense is ask
, Ing ~ instructions and the prosecu-
ton 10.
After four and ona-half hours of
argument yesterday afternoon. the in
struct!ons sought by the prosecution
! a ~
Walter T. Mccarthy then decided To
wait until this morning before consid-
ering the instructions that counsel for
the defendant contend should be given
the jury
Hundreds of spectators waited i'm
patiently for the final arguments to be-
gin this morning. Arguments will be-
gin after Judge Mccarthy has read the
instructions to the jurors.
-Four Hours Of Argument.
Commonwealth's Attorney Lawrence
Douglas and Collins Denny, jr., assist
ant Virginia attorney general, In charge
OF prosecution, were expected to con-
sumo two hours IN argument. 1t was
understood that Crandall Mackey and
Frank L. Ball. fer the defense, would
require about the same time.
The defense closed its case Yesterday
without placing Ball on the stand. aft
er II character witnesses had testified
in his behalf
The character witnesses were William
E. McShea, George A. Rucker, Hoyt
johnson, L. c. Dodd, James E. Lock-
wood, DR.. Ralph Quick, DR.. w. C.
Wellman, E. A. Meade, Walter T.
Weaver, A. J. Porter, B. A. Bowles, w.
L. Bragg, Thomas r. Gray E. L. Simp-
son, Leo Lloyd, Otis Wilson and Rev.
Louis T. Lewis.
Except for character witnesses, the
defense called but one witness, c. T.
Merchant, vice president of the Airing
ton Trust Co. He identified two checks,
one for $4,000 and one for $500. which
Ball deposited in the account he main
tanned as treasurer in the Arlington
Trust Co.
Account In Own Name.
These checks were drawn on an ac-
count he maintained in his own name
in the Citizens National Bank at
Alexandria, which was established with
money secured by discounting his per-
sonal note for $4,000 The prosecu-
ton claimed that he paid this note
with county money and that this con-
stituted misappropriation of public
funds.
The defense called Merchant to show
that $500 OF the money secured from
discounting the note was used for
county purposes The purpose for
which the balance of the money was
used, he said, was not disclosed.