Evening star., 1932-04-25
BALL INDICTMENT
DECLARED LEGAL
Court UphoIds Grand Jury in
0verruIing Motion to
Quash Charges.
BY STAFF Correspondent Of The Star.

BY STAFF Correspondent Of The Star.
ARLINGTON COUNTY COURT
HOUSE, April 25.-Naming three rea-
sons why he considered the indictment
of former County Treasurer Wade Ball
illegal former State Senator Frank L.
Ball made a motion before Judge Wal
ter T. Mccarthy in Circuit Court this
morning to have the indictment
quashed. The motion was overruled.
The question of the legality of the
grand jury was brought up, Ball con-
tending that two Of the members were
not qualified to serve because they are
officials of the county. These members
were Lyman NJ. Kelley and Thomas j.
Crack The former is a member of the
county board and the latter member
of the Board of Zoning Appeals.
The other two reasons named were
that it did not appear that at least nine
of the jurors concurred in the finding
and that it did not appear of record
that at least nine of the jurors con-
Cured, as required by law.
Judge Mccarthy held that neither
cause of their official connections. and
overruled the demurrer to the indict-
ment, which questioned its legality with
out specifying any particular reason.
The demurrer merely asserted that the
indictment was not technically correct.
Following the offering of the motion to
quash the indictment and the demurrer.
plea of not guilty was re-entered by
Ball.
State Officia Arrives.
Meanwhile, Collins Denny, jr.. assist
ant attorney general of the State, ar
rived in Arlington this morning to assist
in he handling of the three alleged
shortage cases.
Shortly after his arrival, Denny held
a conference with Commonwealth At
torney Lawrence w. Douglas, during
which they prepared statement setting
forth in detail their respective duties
in the handling of the prosecution and
efforts to secure the return of all money
possible.
The statement follows:
THE matters involved in the short
age OF the county clerk of Arlington
County, the treasurer of the county and
the clerk of the School Board fall un-
der three headings-an Indebtedness to
the State, an Indebtedness to the county
and criminal prosecutions by virtue OF
the shortage.
Duties Are Outlined.
1T is the duty of the attorney gen.
erals Office to supervise all proceed
ings for the recovery of money due the
State. It is the duty of the Common
wealth's attorney Of the county and Of
the county officials to take charge oi
all matters looking to the recovery oi
funds due the county, and also tc
prosecute. In these particular cases
however, all matters are so interVover
that the attorney generals Office. at
the request of the Commemorative at
torney and the County Board, has
consented to assist the county officials
IN all phases of the matter over which
they have charge; and the Common
wealth's attorney, at the request of tbs
attorney generals office, has consented
TO assist the State in the matter pc
culiar to it.
There will therefore be complete CO.
operation between Mr.. Douglas and Mr.
/ Denny in all phases of the litigation
Mr.. Douglas having charge of the re-
covery of the county funds and Of the
prosecutions. with Mr.. Denny assisting
him, and Mr.. Denny having charge OF
the recovery of State funds. with Mr.
Douglas assisting him"
Denny stated that he came here only
at the request of the local officials, but
would be Of all assistance that he could
because Of the magnitude of the alleged
shortages. He and Douglas, it was said
have been working together on the mat
ter for the past two weeks.