Evening star., 1933-01-25
SHAW TEST|F|ES
AT CLARK TRIAL
President of Board Says "No
2Account" Was Unknown
to Commissioners.
BY a STAFF Correspondent of The Star.

ROCKVILLE, Md, January 25.-
Testifying today in the embezzlement
trial of Berry E. Clark, former clerk
bf the Montgomery County Board OF
Commissioners, Lacy Shaw, head Of the
board, told jury in Circuit Court here
that the commissioners never knew OF
a so-called No account" in which
Clark is alleged to have deposited OIL
cial funds allegedly misappropriated;.
Shaw, a witness for the State, teStl-
fed the commissioners at no time had
authorized Clark to use the countys
money for personal purposes.
Didn't Know of No. 2 Account"
Under cross examination by defense
counsel the county commissioner SAID
that the former clerk had handled his
accounts in a manner that appeared
satisfactory to the commissioners, but
remarked:
"Of course we didn't know about his
No. account"
The State previously had sought to
show by witnesses and Cancelled checks
that Clark deposited certain ofnclai
funds in a special clerks account az
the Montgomery County National Bank,
later withdrawing part of the county,
money and redepoSiting 1t IN personal
account at the same bank.
Shaw declared the clerk had been au-
thorized to turn the countys money
over to the county treasurer.
Assistant Treasurer Called.
Testimony by which the State seeks
to show that Clark failed to turn over
to the county treasurer certain sums
intrusted to him for franchise tax re-
funds and other official purposes, was
given to the jury today by John Lewis,
assistant treasurer.
states Attorney Sedman Prescott
sought to bring out from the witness
that during the seVen-month perioo
during which Clark's alleged embezzle-
mentS took place, the former clerk
tured over to the treasurer approximate
lv SIG in franchise tax refunds. whereas,
according to previous testimony, CLARK
had received a much larger sum 1or
transmittal to the treasury.
Lewis was cross-eXamineo 1eo as nS
welsh, who obtained from the witness
confirmation of the fact that during
this period Clark sent to the treas
urer J. Forrest Walker, many large
sums of money in connection with
county business The purposes for
which these payments were made were
not revealed during the examination.
however.
Many Witnesses Called.
A parade of witnesses took IT," stand
Yesterday afternoon for the SAate to
identify numerous checks involved in
the alleged defalcations. These wit
nesses were divided into two groups
those who had sent checks to Clark in
payment of fees, refunds and the like,
and those who had received frCm Clark
checks in payment of his personal OBJ
legations.
In an effort to show that Clark failed
to make proper entries of Official re-
ceiptS in the county books, Prescott
questioned c. Y. Latimer, present clerk
Of the county commissioners. and Mrs.
Mary O'Brien, employe of the commits
sioners' office.
The defense objected When Latiner
took the stand for this purpose, de-
claring to the court: Mr.. Clark is not
charged with failing to make entries In
a book. He is charged with taking
S42S." Prescott, pointing to large
record book, replied: II want to snow
by the books that he didn'o charge him
self With these fees for commitment o!
insane patients, building permits ana
other official purposes. There are only
two entries in this book showing recelp.
of money for insane patients"
Mrs. O'Brien identified the book des-
ignated by the prosecutor as the one IN
which such entries should have been
made. Under cross-examinatlon sne
was confronted by the defense WIN
two smaller books which she testlneo
also were used for entries OF tnaC soIt.
She said she had never heard OF
little thin black book" referred to by
defense counsel.