The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1898-06-23
ADDRESSING
CLARK'S JURY.
Both Sides Will Finish To-
Day. Verdict Is Expec-
ted Before Sunday.

SOid the Jury bnat Wnue they could not
sonvict on any checks drawn prior to
4 April 25, 1898, those checks could be con-
sidered as showing the intent In drawing
the later checks. He was willing to al
low the evidence of William N. Boggs to
go side by side with that Of the witnesses
for tho defense, but the Jury Is not asked
to convict anyone upon the unsupported
testimony Of William N. Boggs. Specific
checks have been taken and traced from
their inception to their payment and they
wero paid out Of moneys which did not be.
long to this defendant
The defense, with respect to tho $3.50 Is
shat Clark undertook to draw draft upon
Cuthhert s. Co. for the payment of one Of
these checks. Tho letter of Cuthbert says
thai the account would not meet it, Sup.
pose he did give draft He had given
check on May 8 which was paid on tho
eleventh; he drew another on the thir-
teenth, and 1t was paid. If that was the
only check in the case u verdict OF guilty
would be asked. 1t would be asked be-
cause, willis tho statute Of limitations has
almost saved this defendant. the evidence
shows bond Of $40O0 and because the
crime should be punished.
William N. Boggs tastihes that when
the bond was given the checks and letters
and evidence were given out. Has Boggs
been confirmed in that statement! Tho do
PENDANT does not deny the boad, but he
esys that part Of it was for a gambling
debt and partly for money loaned him by
Boggs kunney, Butler, Magee and
Golfer were brought All but Magec arc
indicted In this count. They are here to
close that prison door before this defend /.
ant enters 1t, and keep it closed. They
were here for that before. Each time they
come there will be Gre less of them. He
would pass Magee with all charity. His
pY0ceptOr preceded him,
Z Mr.. Vanderbilt alluded to Clark's test.
mony In relation to Bog2s keeping an nc.
count of his gambling. The book was pro-
duced and from 1t William N. Boggs testi-
fed. He then reviewed what the book
showed. Between William N. Boggs on
one side and these men on other, they
have more to cause thom to swear to what
Is untrue than he has. The prison dpots
have been closed upon William n. Bosgs
He has no hope.
Mr. Vandegrft then took up the race
horse transaction and held that the testi-
mony Of Boggs had been corroboralea. If
this defendant was innocent 1t could have
been easily shown blythe letters and checks
returned to Clark. They were not pro-
duced. If he was an innocent man there
would no difficulty in producing the
checks. Clark's bank book was balanced
on April 6. three days before the bond was
signed and on April go, just after Why
was this done? If tho giving OF the bond
had been an honest transaction why would
not the checks have come through tho bank
In the regular way.
All that can be pleaded in defense is that
because William n. Boggs has blended
guilty he is not worthy of belief The
evidence OF William n Boggs has boon
supported by documentary proof.
Clark stands in the position OF man
who has ruined one of younger years and
then accuses him of a petty theft.
The members of tho Clark jury are re-
signed to their fate. They have visited
the jury room and inspected the blankets
and pillows. Mr.. Kurtz declared he would
like to secure the blanket on which Mr.
Duross slept during the Cooper ordeal be-
cause all the "fuz' was taken off. MIR.
Spicer wanted 60 secure the use Of the
lounge but that piece OF furniture Will BIO
removed for the use of the baiif Mr. ABB
bolt was feeling poorly yesterday anu went
to his home. Mr. Wlgus resides at lovely
Roxarna and has been used to the breezcs
from Fen Wicks Island beach.
He visited New Castle and spent a day
along that beautiful beach where the air
pure. He was the guest of DIR. McCabe.
Mr.. Baker is happy. He received let
ter this morning that his sons had secured
the wheat crop. Mr.. Hearne secured five
postal cards this morning and wrote to his
friends,
District Attorney Vandegrift laid spe-
uinl stress on the bond for 500 given by
Butler The only reason Clark gives was
that Boggs asked him. If he was the on
dUrser bis name would appear second.
Butler has stated the bond represented
The aggregate OF checks given TO the order
Of G ark.
/ Therefore Clark was indebted to tkat
amount and in itself bears out the testi.
mony Of Bugs Look ut these two slips
and you will see that there wer0 - checks
to meet the deposit. Take up Clark'S nc.
count and SOC the two $3.50 checks The tel.
egram confirms what Buggs says that this
man drow another check before the first
one cams in. The second check was pro-
tested in part, This did not look like what
Clark and Butter claimed thnt BDggs said
keep the stock aud it will go up to fifty.
The roc It's can't bear out Thomas Clark.
Take the testimony Of William n Boggs
with this line OF documentary evidence
and place it against the evidence giveu in
kavOr Of this defendant
Mr. BigI5 said i'll addressing the jury:
81 congratulate you upon the approaching
end Of his lug and tedious trial 1wsh
to thank yuu for the attention you have
given this case. In ms humble way to MS
Rist you at reaching an honest verGc in
thls casa between the Government and tHla
unfortunate man, | ask the District A.
GUrnty 70 CUIlCtU Hlc IL / lldkc III SSbINC-
ments To cun"iGt this man you must
believe he hal the iuttnV to lnjure " de-
fraud She bank.
Gentlemen Of the jury, | ask yOu to re-
member that you must DO convinced Le-
You'd IA rcaEonAble doubt that this man had
In his heart the inteht To- dotrGud and In
jnro tho bauk when he gavo these checks
When you get down tU he test in this case
how were these cheeks paid ana why were
they paid, yoI Will sce that you have got
to rely upon the evidence Of Bosys and
BUgIs alone. BJ4gs Is not CurroDOrated
shat Clark had any lntGUr to dcfraud and
injure the bank Mr. BsclHau said he
never saw the checks, For all that 'oUk
place i'll tina. bank Bntcmnn might have
been asleep, richardson ANA |. D Boggs
knew nothing,
Tic latter was nero calculating ma
chine. The Government has shown that
Boggs ran that bank. The testimony is
that Clark was careless with his account.
He was rs likely as others to have his
money taken ~ BOggs 10 make up that
aggregate Of $lGt~J
did 5ugg, net On that stand to you
like disiniercsttl party? Is his tGsti-
mony thai Ofnn unbiased witness? You
have head hi5 Honor Of his own motion,
stop him. Ask him question aud no
would start of with an cXp!Unation.
When kcd him If he had made sug.
gesti0nS the answer had to lie dragged
from him after the District Attorney had
said 50, Is hat the part Of an unbiased
witness DOyOu believe That man when
he said h3 could not tell when he took the
first money; Wouldn't you, or |, Or any
body else remember the date that finally
led up to the cmbt z'cncnt Of $lOT, 90.
There is not man on that jury that can.
not remember the first President he voted
for or the day he was married,
THERE'S not member Of the bar who,
In jitfy Cauuot tell the day he was nd
United to the courts, and yet what deeper
impressions could such things make than
the frs commitment Of a crime. That's
the kind Of testimony with which you are
asked to send this man to the pCn!t0ntIHry,
It Is Il principle OF law handed down to us
that False in one thing, false in all
things" Boggs is contradictcd by five
witnesses
The District Attorney says he will treat
Kenney Butler and Coter with charity.
When The time comes for their trial if tho
line is drawn as closely as in this case
the will be loaded with re,charty than
they will DO able tu carry. II IL was the
trial of $lj c.yi! court there could not be
more technlCaliuos than in this case.
When want charity will not 60 TO tho
District Attorney for charity at least in
hi ssh