The sun., 1898-06-17

, state.
"What commission was there in these
200 shares OF stock"'
81 don't know"
Counsel also said Clark frequently
handed YOU money on the streets for de-
post in the bank. Why was this done?"
1T showed his irregular methods OF
doing business. He would give me this
money and say that certain check
would arrive at the bank that day and
inform me not to pay any other check
with this money"
'Mr Buggs. you undertook to explain
to Mr.. Biggs the matter in reference to
the Walter Durrack affair. Explain why
you sent the money here with Butler"
IL met Durrack at Gloucester in 1898
and he introduc ID himself by stating that
he supposed / was Delawarean, for the
reason that he had seen me with Harry
Ford, Jefferson Ford and others. |
then went with Durrack, sent money
with Butler to telegraph to Durrack, as
| thought | would get better returns
than through the transactions with
Clark"
You were asked whether certain
conversation did not take place between
you and Cotter, in which you were al
legged to have warned Cotter against tell
ing Clark. How long have you known
Cotter?'
Il was introduced to him in lS93.'
'Did you ever see him writer
Yes"
''Do you know his handwriting"
"Yes''
s'Is that his letter to youn'
! ::Yes"
rs that also?'
/ "Yes'
The letters were offered in evidence
and were dated January /, 1894 and July
9, 1894.
Mr., Bggs objected to the letters for
the reason that the conversation he re-
ferred to took place May s and May 10,
1896, or nearly three years after the
letters were written.
/ The letters were carefully inspected by
/ the counsel and Judge Bradford and the
latter advised them to go on with the
case as the letters involved a serious
question and one which he could not
! then decide.
! ''What We're Your notary fees in the
bank?' asked Mr.. Biggs.
/ Mr. Nandegrift's objections to the ques-
ton We're sustained by the court and the
witness left the stand.
/ Irving b. Boggs was recalled by Dis
rict-Attorney Nandegriit.
I "Alr. Boggs, YOU have testified here
that the entries in the individual ledger
OF the bank prior to 1897 were all made
by von, but that when you were absent
they were made by William \. Boggs.
! You were asked to see what dates were
in your writing in '93, '94, '95 and '96
and also on what dates the entries were
in the handwriting of w. \. Boggs
Turn to the individual ledger OF MAY -,
1896; is that in your hand writing"
Yes
"Now from your refreshed recollection
what enterics are there III reference to
Thomas S. Clarke
The question was objected to by Mr..
Biggs, and William n Boggs was re-
called by the government.
The entries YOU have stated were
called off by You to Irving B. Boggs. /
Were all OF them entered conlemporan- /.
eously with the regular course o; the .
bank, with the exception Of the two
Clark itemsF'
They were
Are ali tie entries in the individual .
ledger in the handwriting OF Irving b. |
Boggs or YOURSELF" asked Judge Brad
ford.
"Yes. sir"
"Or prior theTeto.'
"NeS.n
'Whenever any deposits were made /
by the defendant, directly or indirectly, !
what was the process by which they .
finally reached those boOks?'
They were regularly entered in the .
individual ledger as received by me-
did not all the deposit slips Cor
respond, with the exception Of the two
Clark items?'
Yes, sir /
when sent CT brou9ht to you without /
the deposit slips?''
when sent to me or forwarded by /
letter | would make out deposit slip
and all Clark's deposits were placed in ,
the ledger with the exception of the two ,
items named
Judge Bradford then gave his decision
in the matter Of admitting the book a.
evidence. He said:
''ln this case feel constrained by GER
tain authorities which could cite>to ad- !
nit these entries for the consideration of !
the jury. not as independent evidence, ,
but for the consideration OF the jury as .
tending to show the true balances OF the .
books with the two exceptions noted. /
The books are therefore admitted as evil .
dencc in this case |
After this ruling Irving b. Boggs was
, told to take the stand by Mr.. Nande-
grift.
Look at the amount of Thomas ;. |
Clark Of May 10, 1896, what was his bal
ance?'
''Forty-six cents
"On May II, 1896, what was bal
ance?'
''Seventy-One cents
What was the balance between May
10 and May 81, 1862
Mr.. Biggs objected and the objection
was overruled.
Mr.. Boggs then gave the following bal !
ances: May H. 1896, Il cents; April l3,
Sl7.32; April 10, S2.72; April l. 1922;
March 26, 1927; March 10, $3.50: Febrl-
ary l3, $l5.69; FebruaryS s, So cents; Nov
ember II, 1895, $3.50; October q, 81 80;
October 7, Sl.G9; October 50, ovcrdrawn,
1851.
Court was then adjourned until this
morning at 10 O'Clock.