Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1934-03-29
Berry Clark Case
Again DeadlOcked
AS 18th Trial Ends
Howard County Jury Is Dis
charged After Being Out
Over % Hours
BULLETIN

At 1880 O'Clock this (Fri-
day. morning Judge FOrsythe
discharged the jury in the
Berry Clark case after it had
been hOpelessly deadlOcked
for % hours and 30 minutes.
The jurors, it is reported,
stood Z to 5 for acquittal.
The case was given the jury
at noon Thursday following
an impassiOned plea for con-
victiOn by States Attorney
James Clark.
at is unfortunate for all
parties concerned that you
have been unable to reach a
verdict" Judge FOrsythe told
the jury when the foreman
and members declared that it
seemed impossible to reach a
decision. ''The parties who
brought the case here for
trial and the people interested
in the case are entitled to a
conclusion" the Judge said.
"But since you have indicated
that you cannot agree, the
Court feels it will have to
discharge yOu."
AS there are still So other
counts to the indictment, bond
) for Clark in the amount of
$4,000 was renewed. 1t is not
known whether or not the
State will seek a further trial.
For the fourth time within the past
two years, Berry E. Clark, former
Clerk of the County Commissioners of
Montgomery county, went on trial
last Monday before Judge William H.
Forsythe, Jr, and jury, the case
having been removed to the Howard
County court after three trials at
Rockville had in each case resulted in
disagreement of the jurors, and after
Stedman Prescott, States Attorney
for Montgomery county, had asked
for and obtained change of venue.
With the presentation of seventeen
witnesses who testified to the good
character of the accused, the defense
brought its case to close yesterday
wednesday, morning, an hour after
court convened. States Attorney
Prescott then made four-hour adj
dress to the jury, using a large chart
to show entries of receipts and dis
bursements alleged to have passed
through Clark's hands.
F. Barnard Welsh and Albert M.
Bouic, of counsel for the defense fol-
lowed Mr.. Prescott, each consuming
an hour in presenting the arguments
for the defense. State Senator Joseph
l.. Donovan, of the Howard county
bar, also of counsel for the defense,
began his argument to the jury when
court convened this morning. He was
followed by States Attorney, James
Clark who closed the argument for
the State. The case was given the
jury at 11:48 A. M.
Less than half an hour was con-
sumed in selecting a jury when the
case started Monday morning, nine
members having been accepted from
the regular petit jury panel, the re-
naming three jurors having been
procured from the twenty talismen
previously summoned by Sheriff
George ID. Day, Jr.
The following men compose the
jury: James F. Clarke, of Ellicott
City, foreman; Lawrence Phelps,
Clinton M. Easton, Homer d. Nc
Clean, Henry L. Eyre, George A.
Humphrey, George W. Mills, L. Wal
ter Dorsey, Milton w. Bailey, Will
liam H. Hanson, Philip German and
Talbot G.. Shipley.
The opening statements were made
by States Attorney Prescott and F.
Barnard Welsh for the defense. The
indictment, covering ninety-seven
counts, charges Clark with the en-
bezzlement of about $4,000 of Mont
gomery county funds between July
IL, 1880 and March, 1882, when he
was arrested and discharged from his
position.
The particular charge on which he
is being tried, involves the misap-
preparation of $426. 1t is the same
charge on which he had been thrice
tried heretofore, the State alleging
that the check involved had been first