Evening star., 1933-01-26
CLARK'S DEFENSE
COMPLETES CASE
Accused Former Clerks Wife
Is Among Witnesses Called
at Rockville Trial.
By a Staff Correspondent OF The Star.

BY a Staff Correspondent OF The Star.
ROCKVILLE, Md, January 26.-The
defense in the embeZZlement trial of
Berry E. Clark, indicted former clerk
of the Montgomery County Board of
Commissioners, completed its case at
1:35 o'clock this afternoon, following
testimony as to Clark's prior good
reputation, given by another group OF
prinlinent county citizens.
One of the final witnesses for the
defense was the wife of the accused
man. She testified the Clark home was
mortgaged, the family automobile was
an old one and she and her husband
had never been given to extravaganza
Mrs. Clark, dressed attractively in
black. was not cross-examined by the
prosecution.
Among the character witnesses this
afternoon we're Othir Trundle. Cath
ersburg town councilman; Frank Dwyer
former supervisor of elections in the
county; William H. Fulkes, farmer;
sioner; Mrs Ella Cashells neighbor OF
mer Senate chaplain and father-in-law
of the accused mans daughter.
Treasurer Testifies.
Testimony intended by the defense to
show that Clark turned over large sums
of county money to the county treasurer
during the period involved in the for
mer clerks alleged embezzlement, was
given today by Forest F. Walker, treas
urer of Montgomery County.
Called as a witness for the defense,
Walker identified numerous checks re-
ceived from Clark from July II. 1880,
to February, 1881, during which time
the State charges that Clark misap-
propriated s426.
The treasurer also identified num-
Der of receipts which had been given
the former clerk when the payments
were made.
Compared Books Quarterly.
The county treasurer said it was the
pratice in his Office to make quarterly
comparison of the books of the treas
urer and the clerk of the county COM
missioners. Under cross-examination
by States Attorney Stedman Prescott,
Walker, in response to several questions,
brought out that the comparisons
would not have revealed any funds
which Clark may have put into his
special clerks account at the bank.
Prescott then exhibited to the jury
all of the receipts introduced by the
defense during the questioning of
Walker announcing that he wished to
show the jury that the money involved
had been used for purposes other than
those concerned in Clark's alleged mis-
appropriation Of s426, for which he is
being tried,
States Attorney Testifies.
Prescott was the first witness called
by the defense yesterday afternoon
following resting of the States
case. Defense Attorney Welsh sought
to learn from the prosecutor the
identity of the person who had
given the State certain personal
checks of Clark. After Prescott had
objected to answering several questions
he testified the checks were produced
by Lewis F. Bond. an auditor. Welsh
called attention of the jury to the fact
that Bond had not been called as a
State witness. Welsh also commented
on the failure of the State to call Roger
Whiteford counsel for the commission
ers. or Robert 2. Hagner, member OF
the Board Of Commissioners.
Cross-examining himself. Prescott
told the jury that the reason the State
had not called Bond as witness was
because it was felt he could throw NO
light on the issue in this case" The
same reason applied to other witnesses
he said.