Evening star., 1932-08-24
AUDIT PRESENTED
At DUNCAN TRIAL
Data Purporting to Show
$4,000 Shortage Is
Given Court.
BY STAFF corresponeent of The Star.


ARLINGTON COUNTY COURT
HOUSE, Va. August 24.-An audit pur-
porting to show an 5000 shortage in
the accounts of William H. Duncan,
former county clerk, was introduced By
the prosecution today at Duncan's trial
here On charges of embezzling $7,815
Of State funds.
The audit. covering the period from
January l. 1920, to April 81, 1882, was
identified by L. Mccarthy Downs, dep
uty auditor of public accounts for the
State of Virginia. Mr. Doxns described
the form Of the audit and Assistant
States Attorney General Collins Denny.
ir, said the alleged irregularities would
be described by NJ. l.. Ca-nifaX, an en-
rloye OF the department of public ac-
counts, who actually did the work Of
assembling the audit5.
Downs said the audit indicated the
defendant owed the county S66,94I.85
in delinquent taxes. S5,333C7 in fines
and warrants ana owed the State
S7l7o4 from real estate and deed ices
and 11,728.40 of State highway funds.
This latter items included the check
fer 37.3,5.
Testimony as to an apparent $1,000
shortage in bail bond fees was with
drawn when a question arcse as to
whether this itsm should have been
charged to the defendant as an indi-
vidual or as clerk CT the county.
Objccts to Audit.
Defense Attorney Leo P. Harlow OBJ
jected to the introduction CT the audit.
He said that the 0eieadanS was charged
only with the emEeZz,ement Of S7,Sl5 on
April 2 la-t and that al c:her matters
covered IN the audit were not proper
evidecce to be used against him. He
said the audit covered the subject mat
ter OF two ether indictments pending
agalnSs Duncan and that If he is re-
CURED to refu.e the audit ct this time
It will be necessary fog him to disclose
his defense to the other indictments
now.
Denny said the prosecution expected
to show by the audit that Duncan coll
lected fundS for the State and that
he cid not handle them according to
law He said tfle au5it also would
show the defendants mental attitude
in connection with the alleged irregu-
laritieS.
Judge Walter T. Mccarthy ruled that
the audit was admissible.
At one point. Harlow accused Denny
effort to get facts before the iury
which could not be presented legally
The prosecutor denied this assertion
and said he was acting in strict con-
formity with the law.
Counsel Argue Motion.
Court was adjourned yesterday after
noon while opposing counsel argued q
motion to throw out all prosecution tes-
tlmony in the case and to bar the in
PRODUCTION CT any evidence designed to
indicate that the defendant may have
had knowledge of the alleged irregu-
larities
The motion with regard to the quash-
ing of evidence already obtained, ac-
coroing to Defense Attorney Amos C.
Crounse, was based on the contention
that the essential elements of the crime
charged had not been proved at that
state Of the case. He said there was
no showing that Duncan ever received
the money in question and that if he
did it was private and not public money.
Late yesterday afternoon, Judge Nc
Carthy overruled the motion and
ordered the trial to proceed this
morning.
Duncan is alleged to have misap-
propriated check fer S7,8l5 orawn
by the Virginia State Highway Com
mission in favor of Mrs. Virginia Van
Everly. 1t was supposed TO pay an
award growing out of condemnation
proceedings against her property in con-
nection with the building of the Lee
Boulevard Duncan was directed by
the court in 1891 to hold this money
and on April 2, 1882, he was instructed
to deposit it in special account in the
First National Bank of Alexandra.
Commemorative Attorney Lawrence
Douglas yesterday placed on the stand
officials of this bank who testified thai
the deposit never was made.