The sun. (Wilmington, Del.) 1897-19??, 1898-05-10
ONE CENT


a ship there, but he learned on arriving
at Lewes that the ship would not leave
for month";
"Then your fight followed, did it not?'
"Yes." (Boggs did not say where his
destination was.
"Mr. Boggs why did you come back%'
because l wanted to right the wrong
| had done, and was tired of the life Of
an exile.o
"Was your return voluntary or in
voluntary"
voluntary" said Boggs.
"What did you do when you re-
turned?'
1gaye myself up to the people 1 had
wronged"
Mr.. Nandcgrift here asked for an ad-
journment, but Mr.. Bird objected, and
said that he wanted to ask ''this thief''
a few questions, and an hour for ad-
journment would probably be detri-
mental tc the defence.
Judge Bradford admonished Mr.. Bird
saying that Mr.. Boggs was not thief
but an embezzler. "You must not in
suit the wtness,' he said. Court here
adjourned for ii e morning,
Afternoon Proceedings.
| When the court resumed for the after
noon session District Attorney Vande-
grft told Mr.. Boggs to again take the
stand.
4 Were you ever addressed by any
other name in dispatches sent you by
t. T. Cooper?'
YES"
Under what name?''
"F. N. Johnson"
81 believe you have said that the paper
giving the amounts of Cooper's transac-
tions with you were not altogether cor
rect ?'
'Yes, that was before $1,000 was
added to the $2l, ,OOO still leaving it
200 short of the amount Cooper
used.'
"Were you in any shape or manner
induced to remain and give yourself
upg'
mo sir"
"Then why did you do sop
Mr.. Bird here objected to the question
for the reason that it had already been
given in by the government.
Mr. Vandegrift claimed the right to
even if it was the second time.
Judge Bradford stated that this same
question had been substantially an
swered during the morning session.
Mr.. Nandegrift stated that the witness
had not answered the question as fully
as he desired. He then turned to Mr..
Boggs and said:
L. i Jo
posit given you by E. I. Cooper for the
First National Bank OF Dover, did you
not?"
81 did"
"Turn to that account and tell us how
it was kept by both deposits and with
drawals.
II received all of these and they were
kept alphabetically and then turned over
to the clerk
"Did you not at times call them off to
Irving Boggs us he has testified ?'
"Yes, sir
"Whenever you called off deposit
check was there any time when you
withheld calling off the desposit slips of
Z. T. Cooper"
United States Senator Gray here OBJ
jected to the question for the reason that
the entries We're to be used as subsequent
evidence. 1--WE objected to the book on
Friday last" continued MIR. Gray and
we coLdemn and object to any book that
is not fairly and honestly kept and en-
tries made contemporaneously with such
entries.
1--WE say now that this book is the
very centre Of the crime and that through
it this defalcation was kept concealed for
eleven or twelve months. We will not
have such a book which las already
been inlpeached and which is so tainted
with lies that it were better to have one
hundred men go free than attempt to
convict them ON such evidence as the
pages OF that book contain"
Judge Bradford asked Mr.. Gray il he
had found any authority for refusing to
have the entries which were correct as
being used as corrobOrative evidence. If
find such authority although have
on Friday last.
81 have" replied Mr.. Gray.
"AIay it please the Court" interrupted
Mr.. Nandegrift, ''this book was offered
in evidence on Friday and withdrawn
by me this morning. II the account l
refer to now was entered in the regular
course of business it does not matter how
many other accounts in the same book
are fixed, this entry can certainly be ad-
mitted as evidence and | submit to your
honor that book in respect to this ac-
count so far as we are concerned was
regularly and fairly kept"
After some further argument between
counsel on both SIDES Judge Bradford
gave his decision IN the matter as fol-
lows.
"This Indictment against the defendant
is for unlawfully aiding and abetting
William n. Boggs i'll fraudulently using
moneys OF the First National Bank Of
Dover, and also with conspiring to de-
fraud said bank out of money by means
of checks for his own personal use.
"The government has shown that
these checks have been paid by the
First National Bank, and also that evil
dence has been adduced showing that
the defalcation Of W. n. Boggs we're due
to withholding deposits.
"The District Attorney has further
offered evidence which has not been OBJ
jected to on the part OF Irving Boggs.
So far as Irving Boggs is concerned, it
,ro. .b,wn bat ha had nnpsciapf iously