Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1898-06-09


Count 81 specifies thu wilful misap.
plication by Bnggs on July Sd, 1896, OF
credits Of 81, 900, ard count 90 specifies
wilful misapplicution of 81, 500 on
May 2sth, 1897.
Conspiracy with Boggs to commit an
offence against the United States is
charged in % as to the total amount, in
% US to 81, $40, including the Cuthbert
$500 and the Shaw 81, 600 checks; In %.
conspiracy to abstract 81, 500, and %,
conspiracy to abstract s2, $50 for the
use Of Boggs
The witnesses who were before the
grand Jury in Senator Kenneys caHc
are u. A. Richardson, Ezekiel Cooper,
Irving y. lioggs. j. II. Bateman. Wal
ter Morris, L. ID. Page, Walter Sexton,
Robert Q. Fulton, William Anderson
anu D. Edward Ross.
j, FRANK AELEE.
j. Frank Alice is indicted on two
counts, aiding and abeiting Bogga and
conspiring with him to miHapply funds
OF the bank. The first count charges
that on May 2sth, 1897, be knowingly
wilfully aud unlawfully aided and
sbstted William N. Boggs to wilfully
nisanply $1,000. u. The indictment
further alleges that the checks given
by lice were not charged to his nc
count until afterwards. The checks
enumerated 10 the indictment are as fol
lows, tho dates representing the timas
when the checks we're charged to A lees
account: February 10th, 1896. $40;
Alles's balance at the bank at. and lie
fore tho time of payment. S25. 80; Ian
uary 2Sth, s62. 40; balances, IS. 81; Feb
ruary 10th, So. "a; balance. 81. 70; May
7th, S23l; balance, S8l. 50; May Tth,
sl67; balance, $40. 40; May 7th, $40;
balance, S2.3l; December Gath, 1892;
balance, 800. 25; July 3D., 1892. DC; nal.
ance, S25. %; December 18th, $50. 20;
balance, 500. %; September 9th, Sl62;
balance, $40. &c; December 18th, 5l99. GO;
balance, Sl9.32; August Goth, s25. so;
balance. Sl2.SI; September Sd, $40. 80;
balance, s2. 4S; September 3D., 500;
balance, 50. 4S; September Sd, Sl5; hal.
ance, sli.5l; October 7th. 1927; bal
ance, Si9.7 n; November 18th, 1928. %;
balance, $5I. 81 /; October 9Th, $500; bal.
ance, S75. 81; December 18th, Sfl29 hal
ance, Sl60. 80; November 9th, $40; bal
Hnce, 81. 93: November 10Th. SldI. so;
balance, 1851. &c; January 18th. 1897,
SlG4; balance. 1886. 20; February 10th,
sgs n; balance, $23. 46; February 10th,
SI5; balance, SILL February 10th,
s35.57; balance. 81. So; May 18th, $50;
balance, S7.52; February oath, Sl00;
balance, sil.05; March 3D., SlS. II; bal
ance. 3d. rs; March 30th. So so; bal
ance, 81. 80; April 18th, $40; balance,
$40. Al; June 4th, Sl5; balance, $7.S7 /;
JuEe 4th, S3T. 80; balance, S7H7. The
dates OF payment OF the chocks were as
| follows: lS96-JBnuary 18th and 9lat I;
February Cd; March 10th; April 18th /;
May 9th june 9th and 18TH; July 18th,
| lith and 20th August 2sth and two on
August 3lst; September I'd, 18th and
18th; October ID, 10th and 9th ;
November llth: 1S07-January 18th and
30th; February 9Th, 9th, 18th, 18th
and 9th; March 10Th; April LIST; May
18th and 9th.
The indictment further alleges that
Boggs paid the respective checks of
Alice and did not charge the moneys 80
taken, to make such respective pay
ments, to A llee's account until long
time afterwards, ana during the time
intervening the said moneys were un-
lawfully used by A lice. through the ar
rangement with Boggs. all of which
unlawful and wrongful use and wilful
misapplication ny the said William N.
Boggs was then and there known to
A les and such use was then and there
according TO the arrangement and in.
tontior of A lice and Boggs.
The second count charges that
"Whereupon the said James Frank
Alice did, then and there knowingly,
wilfully and unlawfully conspire with
the said William N. Boggs, teller az
aforesaid. knowingly anu unlawfully I'd
| ,,,tlf Il
moneys of said association, HB afore.
said, then and there with intent in
them, the said james Frank Alice and
William N. Boggs, and in each oil
them TO injure the said association fol
the purpose and in the manner afoie.
said; against the peacs and dignity oil
the United States and contrary to the
form OF the statute of the said United
States in such case made and pro
yidsd."
AMOS COLE.
Amos Cole is indicted on 80 counts.
aiding Boggs to embszzle, abstract,
and misapply s741.2 %, and oonspirine
with him. The first count alleges thai
Cole did aid and abet Boggs to unlaw
fully and wrongfully embezzle Sal. 25
on May oath, 1897, and converted tht
money to the use OF Amos Colo & Co
The second count, which hears on the
same subject, explains that on the dati
mentioned Boggs caused to be paid gu
of the funds of the bank on check OF
order made and drawn upon the baul
, by Amos Cole in and by the name o
] Amos Cole Il Co., the company being
n partnership consisting of Amos Coll
and William N. Boggs, teller of tn,
bank, S74l.25, which check. signed b,
Dole. directed the bank to pay tn,
amount named to tho order OF w. ii
Stevens. This count also states tina
} Cole IL Co., had no funds in the baul
at the time
! The third. fourth, fifth, sixth
seventh, eighth and ninth count
] charge Cole with aiding Bogga to EN-
! bezzls funds; tho 10th, 18th. 18th
, 18th, 14th, 18th, 10th and 18th, t,
abstract funds; the 18th, 10th, Goth
2lst, 22d, 23d, oath and 25th, to mis-
, apply funds; the 26th, 9th, 2Sth, Goth
30th, 3lst and 32d alleges that Col
entered into q conspiracy with Bogg
! to do the illegal acts which are charged
CHARLES II. BUTLER.
, Charles II. Butler is indicted on
counts, aiding and abetting Boggs t.
: emhezzle and abstract SlSe. 81 from tn
! bank and conspiring with him. Tn
first count charges that he aided Bogg
. to embezzle the money by giving check
as follows: To the order OF Mrs. Il. II
Doan on January 10th and July 10th
, 1895. the amount in each case helm
= S48; to William N. Boggs for $50 o.
q May 23d, ana for the same amount o.
October 9th, 1896; for s52. q on Marc
| 9th 1907 Tho oacoDd third nnd fourt