Evening star., 1933-01-24
TO TWO
CLARK ACCOUNTS
Bank Head Says Accused
Transferred $426 of Boards
Funds to Personal Credit,
By q STAFF Correspondent Of The Star.

ROCKVILLE, Nd. January 24.-
Testimony that Berry E. Clark. indicted
former clerk Of the Montgomery County
Board Of Commissioners, had trans
ferred certain funds from the clerks
account to his personal account at the
Montgomery County National Bank was
given today in the trial of Clark on en-
bezzlement charges by George p Hen
derson. president Of the bank.
Henderson, under questioning by
the Jury that records Of the bank show
that in November. 1880, Clark withdrew
$426 from an account listed under his
name as clerk of the county board, and
deposited the money in second ac-
count OF personal nature. The bank
president identified a check for that
sum signed by Clark
Charge Is One Of 81.
The 1925 transaction Is the one on
which the prosecution elected to go to
trial In o second attempt to convict
the 58-year- -old former clerk OF en-
bezzlement. The charge is one con-
tanned in a total of 81 indictments
handed down against Clark following
discovery by an auditor Of alleged short
ages aggregating $4,000.
The president of the bank also iden-
tified q number of personal checks
drawn by Clark on his personal ac-
count shortly after November IS. 1880,
the date Of the alleged transfer OF
funds.
Under cross-examination by the de-
fense, Henderson said there was moth
ing secret" about the fact that Clark
maintained the two accounts at his
bank, one known Is the clerks ac-
count" and the other as Clark's per
sonal account"
Many Witness Called.
The prosecutor called to the stand
this morning a long procession of wit
nesses to identify personal checks
drawn by Clark from funds allegedly
converted to his own account from
that Of the county. These checks
ranged from payments on life insurance
policies to settlements made on various
store and other accounts.
Among witnesses testifying in this
were Isaac S. George, in
surance man; Charles w. Asquith, de-
partment store representative; Edward
w. Mcpherson, life insurance agent;
Frank @. Prevail, representative OF a
florist concern; Edmund w. Whitehead
and James G. Gray, power company
representatives.; Harry c. Ransome,
telephone company manager; s. M.
Hamilton, Clark's brother-in-law. who
Identified checks made out to Clark's
mother in-law. Mrs. X. o. Hamilton:
Francis A. Thomas, representing a
concern: Gilbert Dorsey,
grocer; J. o. Moland. market pro-
prietor; l.. j. Ryan, plumber; M. r.
Gates, merchandise salesman and in
surance agent; Curtis L. Ward, fuel
company secretary: Mark Kelly Of a
roofing concern, and Bernard Brosius
of an auto service company.
Defense counsel made an unsuccess-
full effort to keep some Of this testimony
out of the case on the grounds that the
vember Is, 1880. the date of an alleged
he Is being tried The court overruled
an objection on this point.
Another witness this morning was
Jesse w. Nicholson, who identified q
check for 362.50 which he had sent to
the county clerk for support of patient
in a public hospital. The prosecution
yesterday referred to this check as one
involved in the alleged misappropriation
of ofncial funds.
State Presents Case.
In his opening address to the jury,
States Attorney Prescott said the
State expected to prove specifically
that Clark misappropriated "for his
own benefit" the sum of $426 on No
vember Is. 1890. For the purpose of
showing the defendants intent, the
prosecutor said, a number Of other
transactions allegedly Of similar nature
will be described.
The States attorney declared the
alleged manipulations referred to oc-
CURED over a period of about seven
months, beginning July II, 1880.
The defense replied to the prosecutor
with a statement by F. Barnard Welsh,
Of counsel for Clark, that the defense
would show that Clark for many years
was "a fine and efficient employe":: that
there was no such thing as q clerks
account" under the law; that the ac-
count was voluntarily. established by
Clark for his own convenience In
handling the funds: that he was
bonded; and that when the proper
time" came for an accounting Of ac-
cumulated funds, Clark invariably
turned over to the treasurer the amount
due.
We're going to show" Walsh said,
and approved the methods used by Mr..
Clark, that his accounts were audited
ana found correct n times, that he
always accounted for all funds satisfac-
torily; and that the county still owes
him more than 81 900 for his services"