The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1898-05-16
CHARGE TO
THE JURY.
Evidence Reviewed and the
Law Clearly Definedin
the Cooper Case.

u
defendant under all or any of the counts
numbered from fourteen to twenty seven,
both Inclusive. all of the essential ingredi-
ents OF the otfcnse as charged therein must
have been established to your satisfaction,
beyond "A reasonable doubt Under these
counts 1t Is necessary in order to find yer
dict of guilty that you shall BIO satisfied
that William N. Boggs unlawfuliy alb
stracted moneys funds or credits of the
First National Bank of Dover for the use,
benefit and advantage OF The defendant, and
with intent on the part OF William N.
Boggs to injure and defraund that bunk
and further that the defendant with in ent
to ihjure or defraud that bank knowingly
and fraudu!ently aided or Allotted William
N. Boggs In effecting such abstraction. In
order to warrant conviction Of the defend
ant under all or any Of the counts num-
be red from twenty eight to: thirty nine,
both inclusive,a all of the essential ingradi-
ens OF the offenses rs charged therein
must have been established 10 your salts
faction.
Under these counts it Is necessary In or.
der to fluid a vardict OF guilty that you
shall be satisfied that William N Boggs
moneys, funds or credits of the First Ma
tional Bank Of Dover for the use, benefit
and advantage of the defendant. and with
intent on the part of William N. Boggs
to injure or def.aud that bank knowingly
and fraudulently in etfecting such misap.
plicati0n. In order to warrant q conviction
of the defendant under either the forty
third count or the forty fourth. count, all
essential ingredients of the offenss as
charged therein must have been establish
cd to your satisfaction.
Under these counts it Is necessary in
order to fluid verdict of guilty that you
shall be satisfied that the defnn liant and
William N. Boggs uonspired together I'm
lawfully to abstract moneys, funds or
credits Of the First Notional Bank of
Dover, for the use benefit and advantage
of the defendant, and with intent to in.
jure or defraui that bank; aud further
that either the defendant CT William
N. Boggs, or both of Them, did some act to
effect such unlawful absi raction. In Or
der to warrant conviction of the defend
AM under either the forty-flfth count or
the o'ty.sixth'count all Of the es entail liz
gradients OF the otfensc as charged therein
must have been established to your satis-
faction.
Under these counts it is neces AIRY in
order to find verdict Of guilty that you
shall DO satisfied that the defendant and
William n Boggs conspirod together un.
lawfully and wilfully to msapply moneys
funds or credits of the First National
Bank of Dover for the use, benefit and
advantage Of the defendant and with in.
tent to injure and defraud that bank; and
further that either the defendant or Will
liam N. Bogg5, or both of them, did some
act to effect such unlawful and wilful mis-
application. Before adverting to the evil
dence in tho case l shall now bring to
your attention some Of the principles of
law necessary for your guidance In deter
mining upon your verdict.
Beside the Information Of his irregu-
mil e 4.
N. Bogg' to the defendant, the latter was
at the same time aware of the fact that
William N. Boggs was paying and receive
ing teller of the First National Bank of
Dover The defendant further testi fed
that during the period covered by tho al
legged fraudulent checks ho was told by
William N. Bnggs that he, William N.
Boggs. was known at The poker table as
Johnson, and was further told that when.
over he, the defendant, had occasion to
send a telegram form Wilmington to him,
Wi:iiam \. Boggs, to wire it to him as
johnson. The defendant further stated
that hr, William NJ: Boggs. did no. wan
anybody to wire him from Wilmington by
his right name because it might be
tnoulht hat it might have reference to
poker if tho defendant should wire him in
his right name about any subject
"The defendant testified that on the few
occasions when he telegraphed to William
n. Boggs from New York in the name of
w. Johnson 1t was for the same reason.
If the assumed name OF w. johnson was
deemed by the defendant and William N.
Boggs sufficient to conceal his identity in
Dover, Whining on and New York it Is u
Legitimate inquiry for you whether the
same assumed name would not have been
sufficient to conceal his identity in trans
actions in which he might DO interested in
Philadelp hia or other places. Yet it. ap-
pears that the TRANSACTIONS involving the
checks in question and which the defend
ant testilies were solely for and on account
OF William N. Boggs, did not appear upon
the books OF +. b. CuthberJ g. Co., in the
name either Of William N. Boggs or Of w.
johnson, but in the name of tho defend
ant.
"dcntlemon, you may or may not draw
n deduction from this circumstance. The
defendant further testified to the effect
that for the active part he took in the
transactions with f. b. Cuthbert & Co.,
which he states were solely on behalf of
William n, Boggs. he had no hope or ex-
pectation OF profit or reward, and that he
was solely actuated by motives Of friend
ship for William N. Boggs. 1t appears
ON the evidence that the defendant is a
lawyer of seventeen years standing and
was during tho period or portion OF the
period covered by the alleged fraudulent
checks Register Of Wills for Kent county.
1t Is for you to say how far it is probable
under these circumstances. that the de-
PENDANT should have taken such an active
part in the trGnsic lions represented by the
alleged fraudulent checks unle ~ he h ID IN
Individual personal interest III these trsns.
actions.
did not the part h9 took involve the
consumption Of much OF his time ard at
tenllon. There are in evidence impression
nf / h Int oil II
Cuthbert Il Co. tot the defendant, twelve
of which called for large sums of money
corresponding in amount with an equal
number of the alleged fraudulent checks.
I'm addition to the foregoing kilograms
there are in evidence impression copies of
numerous kilograms between the defen-
dant and William N Boggs respecting
the transactions connected with thoso
checks.
1t is wholly immaterial in this case
whether the money taken from tho funds
of the First National B INK of Dover and
applied to the payment of the alleged
fraudulent checks, or any OF them, was
taken for The sole Use, benefit and adyan.
tage of the defendant, or for the use, beue-
lit and advantage of the defendant in con-
neCtion with others.
Your yer ,lict should represent the opin-
ion of each member of your body after an
Intelligent and conscientious comparison
and consideration in the jury-room of the
views of the individual jurors Your in
vestigation of the evidence should be
marked with due dcliberation and your
minds should remain open to conviction
by arguments which commend themselves
to your judgment The very object of
the jury system is to secure ununlmty
through comparison of views and through
arguments among tho jurors themselves.
liza large majority of the jurors after de-
liberation in TIE iury-room, differ In their
conclus ions with the minority it Is prouer
for those composing such minority in
view of the fact of such difference, to re-
Wow the grounds Of their own cjnclu ,ions
in order that unnnimity may be reached.
But no juror should acquiesce against hi,
individual Judgment in tho conclusions
reached by other jurors whether constitu-
ting majority or q minority
of your whole body. For your verdict
must represent tho real opinion and judg-,
ment of each member of the jury.
''rho guilt Of innocence of the defendant
is to be determined by you as Intelligent
and conscientious men upon tho evidence
adduCed in this case and upon that alone