The sun., 1898-06-15

consult with the other Judge who wi
sit with him, he could not grant the n
quest. 1t is possible, however, that th
request may be granted later. Mr.. Bir
said he would be ready to go on b
Thursday week.
MIR. Bird announced that he had aske
District Attorney Vandegrift to conser
to having some Of the counts in the Ker
ney indictment stricken out.
Toward the latter part of the mornin
session Senator Kenney occupied a sea
In the court room. Counsel for some O
the other defendants were also interests
spectators.
AFTERNOON PROCEEDINGS,
When the Federal court reconvened a
2.45 O'Clock in the afternoon, Mr., Ros
again took the stand, and Mr.. Vapde
grit, for the Government, continued hi,
examination OF the witness.
You stated this morning that the
books of the First National Bank O
Dover showed the payment of a check
for $3.50, endorsed by Thomas S. Clark
and dated May 8, 1896? was the first
query put by Mr.. Vandegritt.
II did"
"What was the effect of the defalca-
tion onthe bank at Dover?"
"a loss of $107, 900 through which the
stockholders had to surrender half of
their stock and the balance of the deficit
was taken from the surplus fund of the
bank"
Ezekiel Cooper was called as the next
witness and was examined by Mr. Van.
degrifft.
Where are you employed ?'
farmers bank of Dover"
"How long have you been there %
six years"
Were you employed there in 1896 ?"
81 was"
And years prior to that time ?"
eyes"
"Have you the foreign exchange book
OF the Farmers bank of 1862"
eyes"
"Have you in that book an item of
May II, 1896, calling for S25O?'
81 have"
"What does it show?"
That check of Thomas $. Clark
calling for that amount was received ON
The date named"
"ls it recorded in the book you now
have?'
'It is"
Where did you get the check calling
or S250?"
Received letter from the PhiiadeI-
'hia National Bank on MAY II, 1896.
tatlng that they had forwarded us a
heck for $3.50 made out by Thomas S.
lark on the First National Bank of
)over.'
%Sq ies, thn sir. S'S"
is the only item entered there for
hat amount the Clark item?'
eyes"
"What did you do after collecting the
money from the First National Bank%
"Gave the Philadelphia bank credit
)r the same.'
"Then you paid the Philadelphia bank
hat amount?'
"Ies, sir
You are speaking of the item Of Nav
l, 1892
81 am.
Mr.. Ii,gs then crossexamined the
witness.
Whats the date of the letter?:'
"May II, 1867
That's the day you sent the letter to
he First National Bank of Dover?'
eyes, sir"
"In what manner was the settlement
ffecte1?'
"We had a settlement on Monday of
very week with the First National
Sank as per agreement.
'If it had not been paid what would
lave happened?' then asked Mr.. Vande-
rift.
st would have gone to- protest, but as
his did not happen the Philadelphia
,ank was credited with the amount"
Edward Page was the witness then
allied by Mr.. Nandegrift.
"What was your occupation in May OF
S96?'
81 was manager for f. B. Cuthbert <
o., of No. 30 Broad street, New York
Jty.'
"What office did you manage"
"The Philadelphia branch Office. "
"Look at the stub of this book and
zee what 1t shows on or prior to May II,
1902"
"It shows that we received check for
'250 from Thomas s. Clark"
WAS that entry made contemporary
ously with the regular business OF the
'ifice and on the receipt of the check"
1T was
what was the date?'
"May Il, 1896"
"What was it received for?'
"As ii margin on stock"
"You were stockbrokers.'
"Yes."
"Look at the receipt book for May H.,
S96. and tell us what you tind""
1.-TWO items are for check of $3.50
md II e other for $3.50"
1.-THE check for $3.50 was made payable
N the First National Bank of Dover, and
igned by Thomas s. Clark, was it
,Ot?'
at was"
as that the receipt for $3.50, the one
'ou gave to Thomas S. Clark?''
at is" ~,
"While you are here turn to May II,
S96. and see if you have another item
or $3.50 which was paid by check by
Thomas S. Clark l.
81 have" |,
"Was that receipt for $3.50 the pay
nent for another margin under similar
circumstances"
lit was"
"How was the check drawn"'
sTTo tho order nf r. II Cuthkert x |