Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1898-12-22

Y.
Treat him with every reasonable doubt.
Treat him as you would any other man,
but no more.
II have no interest in this case.
Have been prosecutor rather than
prosecutorY ! have done nothing OK
cept to uphold the laws OF this State
and Of this country. am sworn to do
my duty and will do it as long as ! re-
main in this Office.
1.-THE learned counsel for tho defence
circled all around the issue, but they
did not go into II. They did not try
to explain 1t. When they cannot ex-
plain it ia better to say nothing.
"If the defendant had gone TO the
president and cashier of the bank and
told them he had so much money out
and asked II il was all right, then there
would have been nothing Of this case.
We are not dealing with people Of
that class, We are dealing with such
people as Marsh, poor STEELE and Others
who use the funds Of bnnks without
the knowledge Of the PROPER officers"
Mr.. Vandegrift referred to the sched-
ule showing the condition Of tho de
fendaut's accounts at tho bnnh at vari-
Gus times. He explained the schedules
fully and told how they had been Nude.
Mr.. Vnndegrift said Kenney signed
the checks for the use Of Boggs know
ingly and that money was lost TO the
bank. N
"His counsel" the district attorney
said, "called your attention to the fact
that he is an asnirant for political pre-.
Torment. What he has got in political
preferment is the only thing that'will
cause you to hesitate about convicting
him. 1t is long way between the
aisles Of Congress at Washington and
| the prison to which people who violate
the laws are sent. Don't let IL be said
Of Delaware that she makes q distinc-
| tion between people of high and low
| to loot q bank. then 1t is a terrible con-
ditiop of affairs, but let 1t, be known.
| p" am sworn to treat all alike gpd
will as best know how, IL you can
not convict man because he is in u
1 high position. better turn out of the
4 iails those who have hcen sent there
and let them walk about in freedom
and In sunshine. Then, tho people who
do not want to live under such gov
eminent 1t would BIO bettor for them To
go somewhere else.
THE difference between q Legitimate
and an Legitimate ovortraft is like
the difference between obtaining ones
property by consent and taking i'll ri
night without consent. - =
"Tha fact, that this defendant WIS
able to roach n position to ply out IL
not to be considered. II that relieves
him then the law il unjust, for the in
tent was the same.
. IF Boggs had gone down in 1896
then this defendant would have goht
down with him. Boggs went to hin
and said: I've got to have thes'
checks. / still sec d ray Of hope. Lee
us stand together still. He would have
been the biggest fool in the world no
to sign these checks.
William N. Boggs. Mr.. Vandeerif
said, had nothing to gain by testifying
All that he ever mad was lost. He is ;
} confessed defaultcr and expects nothing
at the hands of anybody, knowing h
is to be sentenced to term Of impris
onment for his crime. The testimon!
Of Mrs. Curlett, relative to the visit o
Hugh @. Browne and the defendant Il
, Mrs. Boggs' residences after the fiiRh
of her husband, was touched upon, TIL
district attorney remarkine in tina
! connection thatit was perfectly natura
; to believe that the testimony Of the de
PENDANT, who was SO much Interested
{ might be swayed. 81
Mr.. Vandogritt said no did not pees
: the testimony Of Boggs in the case Al
examination of the books OF the tw,
; Dover banks showed what people ha,
drawn checks when they had no fund
in the First National Bank. He hell
. that tho combination did not need t.
J be proved by word Of mouth, the book
were in evidence. 'tWhen you look q
J the bools,n he said, '.you will see tina
! it YVES necessary for there to be ma
! on the inside and one on the outside
There must have been a combination
: II Boggs had refused to testify 1t woiil
y have made no difference TO the govern
nent. Why, you can leave the check
out Of the case. The chain is complete
"Wbat was asked at the other tria
has nothing to do with this case. 70
! must take the evidence here.
!. Mr.. Vandegrift read from the testi
9 mony Of Joseph w. HAZEL and jane
Coady, tho former having stated thu
= he saw Boggs playing cards at III
Bayard House in Dover in 1881, an
!, pointed out that Coady had positiyel
o stated that, although he was u hoarde
Z at the hotel he never saw Boggs qbot
Y tho place. ~.
!, Tho details of some Of the transai
I, - tions were tnisen up and explained
|! tho Jury.
. What possible interest, Mr.. Var
;. degrift askod, ''could William
. Boggs have had in paying this defent
y ants checksY Why was it that, da
Is after day, with the awful load he WI
y carrying, Boggs kept this defendant
y account goodY Tho only reason wa
!, because ne had to. Boggs says the
70 wore in the hole together, and 1t 4
perfectly plain why he took the mond
!. minded in by depositors and put It I
y Kcnney's account and pockoted the d
~ post slips. 'f
& & nGentlemen of the jury, thin
~ l have taken up every point brouql
:, ~ out by the defence and have covered a
" y of them.
y 81 have no regret for not placing 4
VI Edward Addicks on the stand to testii
relative to the Bay State Gas voucher
- 1t was my intention to put Mr.. Addict
=, 10 on the stand. He would have testifie
" had it not been for the length OF Ii
~ argument, which continued until near
Nv ! o'clock He was hero, but aft
" waiting for some time he was excuses
y as he had very good excuse. But NJ
~ Alice, n member OF the executive coli
y, ~ mittee which approved the vouche
~ ~ testified that this defendant had bes
~ retained rs counsel for the Bay Sta
~ Gas Co., fatty contradicting the ee
=. denec Of the defendant. III 4,
~ II hive produced hero evidence 4
II meet every point they have brougl
v out In the case.
1.-The goyernnent has nbaolute