Evening star., 1934-03-28
BERRY: CLARK CASE
IS READY FOR Jury
AS DEFENSE RESTS
Surprise Ending Comes With
Character Witness, Z,
Testimony. v
JUDGE DISMISSES
WIFE OF ACCUSED
Prosecutors Object So Strenuously
That Answers Are
Stricken Out.
BY G.. r. KELLOGG,

ELLICOTT CITY. Md, March 28.-
The defense brought its case to sur
prise ending an hour after court con-
vened her this morning after present.
ing II character witnesses. all of
whom testified that Berry E. Clark,
former clerk of the county COM
missioners Of Montgomery County,
charged with embezzling county funds.
enjoyed a good reputation among the
people of Montgomery County.
1t was expected the case would con-
tinue through tomorrow. but the rest
ing of Clark's counsel so early today
virtually assured that the case will
go to the jury shortly after the lunch
con recess.
County Officials Testify.
Among the character witnesses who
testified this morning in the accused
clerks behalf were Andrew j. Cum
mings, attorney and president of the
Maryland State Fair Association;
Judge Charles w. Woodward of the
Montgomery County Circuit Court,
Judge Donald De Lashmutt of the
Montgomery County Police Court,
Hiram w. Harvey, former Montgomery
County commissioner; Judge Hicks
Ray of Montgomery County Orphans
Court, Hanson G. Cashell, Montgom-
cry County register of wills; Clayton
K. Watkins, clerk of Montgomery
County Circuit Court: Joseph e. Cis-
sci, Rockville attorney and officer in
the Maryland National Guard; Her
bert c. Cissel. father of Joseph and
brother-in-law of the defendant;
Odorian Robey. George E. Nicholson,
Douglas Blandford. Elijah Spates,
Howard E. Morrow and John Harm.
Mrs. Mamie Clark, wife of the ac-
cused county official. took the stand
for the defense, but was dismissed
after both prosecutors objected in
unison to most of the questions pro-
pounded and were upheld by Judge
William Henry Forsythe. jr. presiding.
The defense then announced it would
rest its case.
States Attorney Stedman Prescott,
Montgomery County. who has prose-
cuted Clark single handed in three
previous trials which have resulted in
disagreement. is being assisted in this
trial, which opened Monday. by States
Attorney James Clark of Howard
County.
Witnesses Disqualified.
The first two witnesses put on the
stand by the defense after the State
closed its case, shortly after 3 pm.
yesterday-intended to be character
witnesses-were disqualified by Judge
Forsythe because they were unable to
answer whether they had heard the
defendants general reputation dis
cussed.
They were Lamar Jackson, Coles
vile, and George P. Henderson, presi-
dent of the Montgomery County Ma
tional Bank, Rockville. who had ap-
peared earlier in the day as a prose-
cution witness
After this the defense gave about
an hour and half to reading a stack
of receipts, said to have been received
by Clark from the treasurers Office in
return for payments made. The
monotonous reading of the receipts
was admitted only after several verbal
tilts between counsel and after Judge
Forysthe had told them. with the jury
excused from the court room, that
what the defense was trying to do is
put in anything that will help them
in their defense. The weight of any
such evidence will have to be de-
termined by the jury
Robert D. Hagner, Montgomery
County commissioner and head of one
of the firms which made audits of
Montgomery County books during
Clark's regime, was the first witness
for the defense following the dis
qualification of the two intended
character witnesses He presented
audits made in November, 1929,
through defense counsel, who read a
letter from him reporting finding the
books kept in systematic and busi-
nesslike manner"
Previous to their resting, the prose-
cution had shown a discrepancy of
more than $4,000 between moneys
allegedly turned over to Clark by the
State treasurer for franchise tax
shares for the county and the receipts
for money for the same purpose turned
over by him to the county treasurer.
Under Maryland procedure franchise
taxes are paid directly to the State,
and shares are sent out to the counties
on pro rata basis.
Police Chief on Stand.
Chief Alvie A. Moxley of Montgomery
County police also took the stand for
the State, and testified that he had
turned over s1,160.04 to Clark,s office
for the sale of conf1scated automobiles
Mrs. Mary w. O'Brien, employed in
the clerks Office at the time, said there
was no record on the books of the
transaction.
Hundreds of checks were introduced
into the evidence yesterday as wit
nesSes told of the two accounts MAIN
tanned by the defendant in the Mont
gomery National Bank at Rockville.
Henderson identified the ledger sheet
of both accounts over the period from
July, 1880, to March, 26, 1882, as well
as more than a dozen checks drawn
from the account of Berry e. Clark,
clerk" and credited to the account of
Berry E. Clark" which Henderson
referred to as Clark's personal ac-
count
Following Henderson's testimony,
numerous merchants and tradesmen
of Washington and Rockville took the
stand to identify check after check
paid from Clark's personal account on
his personal bills.
A night session, promised for last
night by the court, was precluded
when the prosecution rested earlier
than it was expected, and it was
learned that the defense had sum-
moned most of its witnesses for this
morning.
Clark was brought here for trial
after three juries in his own county
had been unable to agree, and the