The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1898-12-17
CHARGE ]FOTHE
KEpNEY JURY.
An Exhaustive Review of
the Evidence and Law
By Judge Bradford

ttFuOOll, IlS haAlA III JJt'b HlbcT IcNlcWiuH
the charges civilian N. Boggs has plead.
oil guilty to the charge Of unlawfully EN-
bezzling. abstrac.ing and misappying. tbs
moneys, fund and credits OF the First Ma
tional Bank Of D3ver and in this case he
has testified in the character Of an accom-
plice. While tho testimony OF an accom-
plice should always be received with cau-
ticn and weighed and scru,inizel with
groat care by the jury, tine accomplish Is
nevertheless u competent wltns 8 and the
degree of credit which should be- given to
tho testimony Of an aGcomplice IL n matter
exclusively withlnsth he proylpce Of the jury.
While the jury ms matter OF law may
convict a person accused OF u grave crime
uCon the uncorroboraled testimony OF an
acconplicc, 1t is, however, usual for tho
court to advise the jury against convic.
tioL unless the testimony OF Tho accom-
place has been curroboratcd by competent
evidence in some material part or purts
The confederation need not extend to all
matters testified to by tho nccolnplice, but
IL being shown that the accomplish has
testified truly In some PARTICULARS, it may
be Inferred by tho Jury that he has in
Others.
In this case you are tn determine upon
tho evidence whether William N. Boggs
has or has not been corroborated with re.
'spect to material parts of his testimony
testimony of other witnesses; and you are
also to determine whether or not William
N. Boggs has been successfully contra
,dicted, ii at all, with 70 spect TO any ma
terinl portion of his testimony.
1t Is also true, gentlemen, that whilo the
court IL careful to remind you that the
credit of William N. Bogks is entirely for
your consideration, 1t would DO very far
from your duty II, disregardiug what may
n N rnl ~ In, IA ~ ~ " =, h.
iUl testimony given by HIN, you should
permit yourselves 10 to carried away by
.tlsrco Recommendations by heated language.
land by excited aud unwurran,ed epithets
Applied to him. Ga the contrary, with
measured unl impartial teliburation, like
msn who have largo interest ut stake,
YOU should carefully, anxlou ,ly and judi
4elpnsly sean and Weign Tho eyidJnce of
William N. Boggs.
The law Eermits the defendant at his
own request to testify in his own behalf.
The defendant hero has awaited himself
OF this ri ht. His testimony is before you
and you must determine how far it is cred
ibie. The deep personal Interest which he
hes In Tho result of this case SHOULD be con.
sidered By you in weighing his evidence
and in determining how far or to What
extent, II AZ all, It is worthy OF credit.
In considering the crediEilIty of, or
weight which you should give 70 the lesti-
mony OF the defendant. you should regard,
among other things, the inherent piopa.
bility or improbahility 81 his sta enents,
his intelligence, or want Of Intelligence, his
opportunities for knowledge Of bushes
methods, and to what exten. II any, he
has been corroborutea by uthur evidence
in the case.
Judge Bradford mex reviewed very care
fully, The tes imony Of Bpggs and kenaey
bringing out the points VIII 70 they con.
hic cd, and told thu jury thai they would
haye 20 decide for them selves between the
two witnesses.
Much has been said on the subject of
rovcrdrafts and the circumstances under
which they IL C or are not criminal under
section 5 200 Of the tnitel Stntcs Revised
Statutes. a man may uverdrlw lis ac-
count in bank and be innocent of any
evil or unlawful purpo q. OverlraIt9 ara
not uncommon in Lank TRANSACTIONS. A
bank Lay desire to accommodate tpnVor.
nrily q depositDr, and il II drp sitGc know
ingly makes TN Owe draft, his relations
with the bank OF its officials may DO such
MS to prevent the tain OF crln.ina!ty from
attaching to the transaction.
But no lr an who is without a balance to
his credit in II bank or VINO has only an
insufficient balance bias n right to draw
cheeks for nSllerLGlh amounts without
the knowledge OF consent OF the proper ulli-
rlals, and with u fraudulent intent that
the moneys of the bnnk in which he has
no funds or not sufficient funds TO his
credit, should be:applied 30 his payment Vi
those checks. The Defendant cannot TO
convicted under consolidated Indictment
part /, as it now stands, unless ho has
wrongful or illegal intent to injuru or de
fraud the 5anl in drawing the rrauducnj
che Ks therein aliegct: rr some one OF them
Bet forth in con soldated inlicm ,nl part /,
as.it now stands
Whether or not no had that intont Is to
b. determined by the fac and cIrcum.
stance, and the surroundings AZ tho tlmo
hebrew those checks. Ii hi know or had
gopl reason to baiieve wne'. ho drew the
check, sot for.l! il! the cons o!iiln;el indirt-
ment part !, rs It now stands Il at tiay
Dr any of Them wtr, +, b. fraulaltly paid
~ Wi.li.m n, Boeg., the te:l4r cut o
tht finds Of the bans, and not out Of any
funds to which h. Che tGfvndhnD euulu
isgtinately resort, ho had tho guilty iu-
toni, and although i. may Eava been the
iutcnt Of tho DESCENDANT nt tho limo no
trew the alleged irandu 'cnt checks mon.
iiAned i'll consolidated Indictment, part l,
&, finally iuCpmpfuse or remedy the IN
Jury resulting from his act to the First
National Eagk ii Dover, such an intent
to corrcc. the wrong does no. ahsolvc from
guilt.
Nut "oN'u nv lnIT II iacI IL He, tH't '''
hopel through successful opA3''""' Ia
sccks or o'ho prof. oSty, or otheFMi'r' 90
lih OIL IN pns!h"'' /" res orc 10 the bars
ID. hH "i!iNIY l"ls' 'lleu through nus
wrongful ~ Do M HAawtr TO the charge
OF GRIMM. MY y" man il permitted to
.ius.r NV lH'IV '''nl '''a Pi'', 5'.l1'l VI
the uhus VI haF'thai hAhh because NC
EopSs IN Ihh lu'ufe l" .efals III" wrong
30, II you are aas!sil - tna, tA'!e was "
ia"auiehtsthe,''e uaEN' a'EuusuS ~ hsto',
neht between ne u%1.Naahl an Nl'lIa'h
n. boEgs thdt Ihe eSHt thEGk, uEaWn ny
me a'!eh"hnt Oh n, ~ Nnliohhl HahN
81 )pV9F III law u a. H. d. tuth NV u -.
lof ne Use Hehi III ana naVas,nGe Oh nc
ae'cn0a'', were 10 10 an ny N'l''Nln N.
1,o1Sa' as lei 'tf, ouI " Wy iul's ol lnat
phLh, men no, VIC ~; SnAanp 'au cfhe'
no ilnnS or o.Y lRsHiiGl"El nuns or was
pyo urawu IN ~, aceOuht, "nI mat such
Ghccll4 were not to DC chart cl III tho &c
iealt n,'s account, ut wee BIG lrsuIu-
Iontly c>"a.llri from tho proper BANK ON
cial; until he I no defendant should MAKE
,lcnoslts ia met them. Lha defendant had
,ha uI,iI,v in,nntt ntri,,.,, ,,,.,.., A..
buuT. N''t'"1 '''o
For such s,h7n,, rnlsr.touairr ~,
,,' = " m.'t >. ""'o"s vi
tms,inh II ~ i.'r,'i,'al
a"a ,,;,r,I ~ uto''t
,hn h' -, " ''io Va
nn1 ,rn'',,rt NJ a,., Va 49, wy - ,
.H Ntp"5 .'s "tF''.a VI" b'''h W 'hc