Evening star., 1932-08-20
|BALL IS ACQUITTED;
PLAN SECOND TRIAL
Crowd Cheers Ex-Treasurer
When Arlington Jury
Returns Verdict.
By STAFF Correspondent of The Star.

by a SIaN correspondent OF Inc star.
ARLINGTON COUNTY COURT
HOUSE, August 20-A single embezzle-
ment indictment stood between former
County Treasurer E. Wade Ball and
freedom today following his acquittal
last night on charges of misusing pub
lie funds.
After celebrating nearly five hours
the II jurors filed into the court room
at 1890 pm. and their foreman, Jo-
seph C. Mcclellan. told Judge Walter
T. Mccarthy they had found the de-
fendant not guilty. This announce
ment of the verdict was received with
an outburst of applause by the crowd,
which had waited patiently for the end.
Ball shcok hands with each member
of the jury and expressed to Judge Nc
Carthy his heartfelt thanks for the
fair and courteous treatment" accorded
him throughout the trial He also ex-
pressed appreciation of the loyalty of
his friends.
Indicted on Six Counts.
Ball, who has been county treasurer
for "a years, must still stand trial on
an indictment charging the embezzle
ment of S65,300 of county funds. This
indictment is in six counts, the first
charging the embezzlement of 100000
on July IL, 1881; the second. $16.500
on october Is. 1881; the third. $4,000
on November IL: the fourth $4,000 on
November 16; the fifth. $4,000 on No
vember 81, and the sixth, $4,000 on
December 3.
When he was arraigned on this
indictment, the case was set for trial
during the October term of court
The indictment on which he was
acquitted alleged the felonious mis-
appropriation and misuse of $24,454 of
public funds.
The prosecution elected to go to trial
on the misappropriation charge because,
under the statute, they were not re-
quired to prove the defendant actually
converted any of the money involved
to his own use. Under the embezZle-
ment indictment, however. an unlawful
and deliberate conversion must be
established
The S24.454 he was accused Of mis-
appropriating represented the proceeds
from license fees received during Janu-
ary. 1882. This money was supposed
to have been turned over to the State.
but officials from Richmond said it was
never received.
The defense was that the monay went
TO pay county obligations. The prose-
cution contended that regardless of how
the money was used. Ball was techni-
cally guilty if he disbursed in any man.
ner not strictly in accordance with law.
Attorneys for the defendant argued
that Ball was simply trying to protect
the credit of the county and that in
any event he never benefited person.
allv frcm the use of anv public funds
The jury received the case at $40
o'clock and shortly thereafter were
taken to dinner by Sheriff Howard
Fields and his deputy. Archie Richards
They returned to the Jury room at 7
o'clock and brought in the verdict three
and a half hours later The members
Of the jury we're Mcclellan, Deets
Pickett, T. c. Carroll, Charles Tarbut-
ton, A. w. Adams, John P. Mann, M. j.
Dunnegan, Guy zeTp. Livingstone
Smith, Louis Shreve, 3. F. Creel and
David R. Collins.
Represented BY Brother.
The prosecution was conducted by
Commemorative Attorney Lawrence
Douglas and Collins Denny, jr., assistant
Virginia Attorney General. The de-
fendant was represented by his brother,
former State Senator Frank L. Ball,
and Crandall Mackey.
According to the report OF State
Auditor T. Coleman Andrews, Ball was
$564.000 short in his accounts.