The sun., 1898-12-10

not .susr' ~ is testimony that is abso-
s.Doyou say At that time that you had
no knowledge that Boggs was de-
| iaulterY' "NOne in the world"
Nv. N. Boggs has testified in answer
| 70 Mr.. vande9riit's question, that the
6st purchase Of Bay State Gas made BY
Cooper was made the day following that
on which Kenney had made his first
purchase. That the latter stated to
Cooper to RE Boggs and get in the pur'
chase. Is that true?" absolutely un'
true. The first purchase Of Bay State Gas
which made was made by and through
the influence OF w. N. Boggs and f. 7.
Cooper. Boggs suggested that it Was
good thing and 90 did Cooper. 1t was
sort OF fad in the lower part OF the
State at that time. ! finally did purchase
100 shares in Philadelphia. Boggs stated
that he was on the inside and had made
money in that kinl Of stock"
Senator Kenney denied having had a
conservation with Boggs in which he
states they we're all SO far in it that it
would be hard to get out.
"Did you have any knowledge that
Boggs and Cooper were using the funds
Of the First National BankT' mo.
knew Cooper was in stock speculations.
Every body knew that"
Mr.. Kenney denied as absolutely false
that his account had ever been closed
out without his knowledge. He said he
had held stock OF Bay State Gas on
Boggs' representation. The defendant
said that he had in July, 1896, refused to
send further margins to Cuthbert & Co.,
and had been advised OF the sale OF his
stock.
"Mr. Boggs testified that he had dis
cussed with you the prospective exami-
nations and what the result might be.
Is that true?' absolutely untre. One
conversation he did refer to the time
when he had been called up before the
bank beard for playing cards."
"Your drafts that came back dishon-
ored, will you state to the jury whether
you subsequently paid themT' II paid
every dollar. The draft for g., $50. In
the course of my professional business
there were many drafts deposited by me
for different people. / can't tell you
what the s.. l50 draft was for. II it was
that Michigan draft, had the authority
OF that man to draw. The South Caro-
lima draft l drew on man in Beaufort,
S. G., whom T. s. Clark told me owed
him money. The man was non-com-
missioned officer in the navy and
when the draft arrived at Beaufort he
had gone
Senator Kenney said Lis memory was
vague as to the $l,033 draft and the
: 81, 1896. 40 draft. He only knew, he said,
that he subsequently paid all.
'Mr. Boggs said that at one time he
} placed to your credit $1,000 out of the
funds OF the bank and that you knew it.
What do you say to that?" "The fact is
C that Boggs was joint owner with me
some Bay State Gas stock, for which ht
S had never paid his share. ! called on
him to pay his part. He put this 81 ,O0(
: to my creuit on account of his part Of
the Indebtedness in 100 shares being car
$ ried by me for him on Il. B. Cuthbert
l Co.'S books" ''Had you any informa
\ tion that it was the banks money!"
| "No, | supposed it was his own"
=. "Why is the W. N. B. erased from be
e side the 81 900 deposit OF July 8, 1896
r on your pass book?" II erased TIN
e initials. When the defalcation was dis
e covered the First National Bank callel
in all pass books The marked initial
e were on mine then. When it came bacl
y to me, after the bank officials had ex
amined it, erased the w. n. B. becaus
l. the purpose for which they had beef
placed there had passed."
n 'The entry of the deposit OF 5000 OF
J. February 10, which Boggs stated he de
e posted out OF the banks funds to you
n credit, what have you to say to that?'
r "On February :, | went to Washing
II ton and did not leave that city to return
9f until the evening of February 10, afte
At the entry had been made. That tran
" saction is somewhat clouded in IN,
g memory. am unable to clear my recol
g lection as to this deposit. But goin
over the matter come to this conclu
d sion, that Boggs had occasion to collec
of certain foreign checks or drafts, and b
se told me he had deposited to my credit
ID for the purpose of collecting, certai
foreign checks. That is vague and IN
p clear"
er 'Did Boggs ever undertake to tell yo
rs your balance as it was shown on tn
!. books and then a list OF the checks h
le was carrying for you?" Not as he de-
d tailed. Have had an occasion to dffe
,r with him as to my account but not i
|. this light"
r, "When did yon first know that lie wa
1t carrying your checks?" 81 first read
a. in paper in this city before my frs
of trial"
r. Defendant said that there was onl
S. one time in one hundred that he had hi
lg bank book balanced His partner MI
I'd A. B. Magee, did it.
lie The four bonds were taen taken up b
ID Mr.. Biggs. In explaining the Thoma
a S. Clark bond the defendant said, "Bogg
30 told me that Clark owed him and aske
I'd me to draw up a bond for him. calle
s on Clark. He finally consented to pa
as it., having been settled between NJ
Boggs and himself. drew the bond i
at my name according to Boggs' instru
tons"
90 Mr.. Biggs here asked the defendal
ne what Mr.. Cark said when he had at fir
refused to sign the bond, whether or NJ
so he didn't say that he wouldn't pay
", because it was gambling debt. M
Vandegrift objected and an exceptic
&C. was ordered noted to the exclusion
ty any statement made by Clark as to. II
mt character of the Clark bond. The Cou
Ia suggested that Mr.. Clark could