Show WELLING CASE DEFENSE READ The Tho third trial of Secret Secretary State M. M H. H Welling charged tf j presenting a false falso salary claim tho the state board of examiners ul j 1931 will VIII enter Its final phase Mol Mo 3 day when the tho defense will ca call i it first witness 7 r The state rested Friday and Juda jud P. P C. C Evans denied a defense in me tion for tor dismissal of f the chaj against Secretary Welling Velling af aft lengthy arguments by Burt Burton Musser defense and Ca ca' ca i C-i yin W. W flings Rawlings district attorney and his assistant Parnell Bl Black ck Mr Musser based his diem move on the main ground that in Ui th prosecution had failed to prove prove Vr In tent on Mr Welling's Wellings part t to d fraud the state In the pres en tau of a salary claim for In be beof behal of Golda Gajda Richards wife of an t to the board of in June 1931 He contended happenings the tho claim w was presented presente payment of at tho the claim and tion of ot tho the salary check cheek w wv material to the CLue case He He argued edi Mr Welling had no fraudulent In tent when he presented the dun the states state's case caso must fall since BInet th the defendant I is charged with int intending intend intend- na ing irig to defraud by presenting false claim Prosecution Counters Counter The prosecution countered with i ithe the argument that presentation of ofa ofa ofa a false falso claim by Mr Wellin Welling WIS wu in itself evidence of bad intent The Tha defendant Mr Black Insisted In intended in in- tended to defraud the state w wh when n ho caused the claim to be issued In denying the motion J i. i Evans ruled the tho court would be In Ii Id error if it attempted to pass on thi truth or falsity of the testimony adduced in the case thus far Similar motions were made b by the defense and denied by Judge Jude Roger L I. McDono McDonough gh in Secretary Wellings Welling's two previous trials th first resulting in conviction and thi second ending in a hung jury The third trial began Monday Monda and the prosecution called five it nesses flosses during the tho week to prove Its lu charge against the high state offIcer cere In substance they testified Gist Gilt of Testimony That Mr Welling caused a sal salary ry claim for to be issued for M Mrs Richards on June 29 1931 that Mr Welling gave the tho pay warrant to tt Harold P. P Richards motor vehicle 1 inspector and husband of Mrs Richards with the request he o 0 olain ob obtain lain tain his wife's indorsement and ie re return return turn it because he was in need o 0 funds that Mr Richards procured procured procure a forged indorsement of his wife signature on tho the check and t It re returned turned it to tho the secretary of state that the check was cashed in th secretary of ot stales stale's ta e 5 office and tha Mrs Richards was never employed by or entitled to remuneration from fron from the state and received none Through o of th the states state's witnesses the defense sough to show that Mr Welling VeIling had bee apprised by and others other of ot services rendered the state b Mrs Richards and had a desire to compensate her that ti hI caused the claim to be issued f fo her in good faith and that he gay Mr Richards the check with in instructions Instructions instructions to to deliver dellver it to his wit and in the belief that it would I bi be delivered Witnesses summon summoned d by the tat stats included Mr and Mrs Richard Clarence E. E Smith former mote mot 1 vehicle inspector who admitted admit ed forging Mrs Richards' Richards Indorsement nt to the tho check Moroni C C. Iverson former clerk In the secretary o of states state's office Frank E. E Lees secre secretary tary to Mr Welling and th tho state board of examiners an and Howard M. M Tuttle former cI clerk rk I Ithe Ithe in inthe the state auditors auditor's office v |