Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1898-07-21

make turn on it. The matter was left
in Kenney's hands and he told me that
the sheriff must bave settlement. I
told ksnney to give him check for it
and that it would not be charged to
his account.
Vandegrift-why did you not give
your own check?
Boggs-I was not in the habit of
giving my checks for large amounts
around Duver.
yandegirft-Did the money come out
OF Kenney?
Boggs-No; when Sheriff Shaw prs-
sented the check, ! paid il and credited
1T on bis pass book.
Vandegrift- Did yuu take the money
from ksnney'H account?
Boggs-No, sir.
Vandegrift-Did the moneys Of the
bank show u shortage of 81. $50?
Boggs-The funds of the bank were
used to pay Sheriff Shaw that check.
Fandegrift-What kind of money?
Boggs-Thst particular item was
credited to his account
Vandegrift-When you credited 81, $50
to Sheriff Shaw's account, how did you
conceal it9
Bosgs-By withholding somebody's
deposit.
Nandegrift-Did you take the de-
posit slip.
Boggs-It was done by the withhold
ing of enough slips that would enable
the books of the bank to be balanced
on that day. i
vandegrift-was that 81, $50 ever raid
back?
Boggs-N j; / cannot say that il was.
l had no idea of holding the farm. /
would not have given $40 fur the whole
256 acres. l found how much could be
borrowed on it. / borrowed 81, 200,
which used in connection with
pressing matters to pay off some checks.
degrift-Kenney' checks?
BoRgs-Kenney's checks were coming
in at that time.
vandegrift-- We're the Cuthbert checks
coming in at that time?
| Boggh-- Yes, sir.
Vandegrift-Who gave the Anderson
checks?
Boggs-The Anderson matter was
another deal was led into by Cotter.
Mr.. Anderson was not known to me at
| that time. Cotter had been drawing
his checks in the First National Bank.
l had been paying them when they
came in. Later, Mr.. Bateman. the
| cashier, had told me he wanted the
Cotter account CLOSED. went to Ken
ney and asked him for his checks,
payable to William Anderson. l ex-
planned the details and at that time
believed had found one thing which
would help me in my trouble. told
Mr.. Kenney that his checks would pass
through the bank without exciting Mr..
Batsman's suspicion; whereas Cotter's
checks would not.
Vandegrift-The aggregates of the
Anderson checks was about Sl,25O;
was that made good or lost?
Boggs-Thar was lost to the bank.
Vandegrift-At this time did the de-
fendant know of your defalcation?
Boggs-.Yes, sir.
l.. Vandegrift-Didy you tell Mr.. Ken
ney that the idea of obtaining his
check was to allay the suspicions of
the people at the hank2
Boggs-That was my desire.
Vandegrift-What was the general
condition of the defendants account at
that time?
Boggs-Mr. Kenney kept a very
active account, especially during the
period covered by the Shaw, Cuthbsrt
and Anderson chanks. At the begin
ming Of this period he had sustained
losses in Bay State Gas. Most of that
period, on account of those losses, |
did everything could, with his
Knowledge, to help him, at the bank,
cannot say that Mr.. Keuney knew
the exact method but he knew that I
was accommodating him.
Vandegrift- What proportion Of his
checks came through the Farmers Bank
with relation to those which came from
the other l3 banks which are cor
respondents Of the First National
Bank?
Mr.. Bird objected and was sustained
by the court.
Mr.. Vandegrift then asked:
What do the books show with respect
to holding out the checks OF this de-
fendant other than the Outhbert,
Anderson and Shaw checks, not in the
indictment, under the same fraudulent
arrangement with the defendant?
MIR. Bird again objected, and was
sustained by the court.
Mr. Vanaegrift thsn put the ques. 4
tion as follows:
We're there other checks of tbs de-
fendant paid out of the funds of the
bank under the same arrangement?
SenHtur Gray objected and WAS sus-
tained
Mr.. vandegrift again put the ques-
tion as follows:
We're there or not uther checks than
this in the indictment drawn by the
dofendant and paid by you out OF the
money Of the bank aud not charged,
with the knowledge of the defendant |
and without the knowledge of the
bank?
Counsel for the defence again OBJ |
iected and the question was put as
follows:
We're there, since May 1st. 1896,
checks drawn by the defendant other |
than those in the indictment and paid |
by you out of the funds of the bank |
and not charged, with his knowledge |
and without the knowledge of the
bank. such checks appearing in the |
deposit books of the defendant since
May 1st, 1862
The objection OF counsel for the de.
fence to this question was overruled aud |
an exception was noted.
Boggs answered as follows:
Yes, there were several which we're
not charged TO his acc1unta on the
date they were paid, but were paid by |
him on subsequent dates.
In reply to Mr.. Vandegrift, Boggs
enumerated several checks which. he |
said, he had held up for various
periods; one item of SEQ having been
held Up for 10 days. Senator Gray
asked Boggs il he could state positively
the dates when the checks were paid.
Hs replied that he could not. Mr..
Vandegrift asked him If he paid the
cbsoks whether the account was good