Evening star., 1933-01-27
Jury |SST|LL OUT
IN TRIAL OF CLARK
Indication That Agreement
May Be Near Is Lacking
This Morning.
By Staff Correspondent of The Star.

ROCKVILLE, Md, January 27.-The
guilt or innocence of Berry E. Clark,
former clerk to the Montgomery County
Board OF Commissioners, on trial for
embezzlement, was being weighed be-
hind locked doors at the Court House
today by jury in Circuit Court here.
The jury began its deliberations at 9
O'Clock last night, following an after
noon and evening devoted to final ar
guments by counsel for both sides
When no word had come from the
jury room by IL 40 o'clock last night.
Chief Justice Hammond Urner and As
soclate Justice Arthur D. Willard, pre-
siding In the trial, ordered the jurors
locked up for the night. The judges
left for their homes in Frederick after
instructing the clerk to telephone them
this morning If the jury had reached
verdict.
Tried on $426 Charge.
There was no indication from the
Jury room during the morning, however,
that an agreement was near. He was
tried on an indictment charging him
with misappropriating s426 of county
funds. There are sc other indictments
against the former clerk, involving sums
aggregating about $50,O00.
Clark and his attorneys waited at the
Court House until departure of the
judges last night. The defendant ap-
peared calm. He has expressed conf
dence he will be acquitted. Mrs. Clark
sat with him during part Of the court
session yesterday afternoon.
Deliver Closing Arguments.
Attorneys for both sides made strong
in,
yesterday afternoon.
States Attorney Prescott, after
tracing Clark's alleged juggling of bank
accounts, through which it was charged
he concealed his handling of official
funds, demanded that Clark be con-
victed mot only as punishment for him
but as warning to Others"
They haven't any defense" Prescott
shouted to the jurors They haven't
offered scintilla Of evidence that he
didn't take this money or that he re-
turned 1t. The State has proved to q
mathematical certainty that he took the
money and spent it for his own use.
Why did he take any of that money?
A man doesn't have any right to spend
one penny belonging to other people.
take 1t, because the evidence shows he
had been doing it time and again with
similar sums"
All Facts Not Produced.
All four defense attorneys made ap-
peals to the jury. They stressed the
fact that a witness had testified to the
existence of a third account in the
name Of Clark at the Montgomery
County National Bank, and that be-
cause "all the facts" regarding "all the
accounts" at the bank were not pro-
duced by the State, the jury should
give Clark the benefit of the douh4 y"
You can't convict this man with
only part OF the facts before you, -.
Bernard Welsh, defense attorney, de-
clared. This case is full Of things that
ought to be explained The State
hasn't shown that the county lost a
nickel. There is no such thing as a
clerks account under the law. Berry
Clark had the right to put the county
funds in his shoe, his pocket or any
where else he wanted to, just SO long
as he pays it back when it is due"
Albert Bouic, another lawyer for
Clark. pointed out that Clark's bank
accounts were kept openly and above
board" at bank Of which two men,
bers Of the Board Of County Commis-
sioners were directors. He emphasized
ClarkS previous "Sp0tleSS reputation"
Barrett Prettyman, also Of defense
counsel, branded two charts introduced
by the State to show Clarks financial
operations as 'lot OF silly arithmetic.
Should Demand All Evidence"
The closing argument by the defense
was made by Thomas Dawson, who told
the jury it should demand all the evi-
dence' before you brand this man as a
felon for the rest Of his life"
When Dawson shouted: "He was fine
enough for a Democratic organization
in. this county until they kicked him
out" Prescott jumped to his feet with
an objection and Justice Urner re-
preached the lawyer, saying That was
an unfortunate remark The Jury will
disregard It,"
Dawson described Clarks modest
home life" and his efforts to provide
for "a crippled wife and an only daugh-
ter" Mrs. Clark had left the court
room only a short while before.
The court room was packed and scores
stood on tiptoe in the corridors.