The sun., 1898-06-16

/ and credited the Farmers Bank and
charged himself with it, without verify
ing it with the checks.
He proceeded to explain the method
of settlement between the two banks
which was made on Monday mornings
I Each day the amounts owing and due
from each to the other were set off and
on Monday the cashier whose bank was
indebted according to the balance would
draw a check for that amount in favor oi
the other. Sometimes Mr.. Bateman veri.
| fled the letter from the other cashier by
comparing it with the checks. The
money in the bank was usually counted
| about noon.
Mr.. Biggs asked how much money the
bank had on deposit in May, 1896.
MIR. Vandegrift objected on the ground
that the question was not in cross exami-
nation. Mr.. Biggs said its object was to
show low familiar the witness was with
the condition of the bank: it was part of
the case to show how much money was
on deposit. The court ruled ont the
question as not properly in cross examl-
nation.
The district attorney then announced
that I've had called upon Mr.. Biggs to
produce certain checks, letters and tele-
grams, Clark's deposit book for '94, '95,
'o6 and '97, as well as some receipts.
When Mr.. Vandegrift had concluded
reading the list, Mr.. Biggs handed him
two checks for $3.50 drawn by Clark May
Sth and May 18th, 1896, respectively, on
the 5ank in favor of +. B. Cuthbert &
Co., and they were put i'll evidence
Clark's pass book for the latter part of
1897 was also handed over, but the items
do not cover any Of the period desired.
TIE other pass books were not at hand.
As to other checks, and kilograms and
receipts called for, Mr.. Biggs said: "We
haven't them and can't produce them"
Walter q. Sexton, who was clerk in
the Philadelphia office of Cuthbert 4
Co., testified that he kept Clark's ac-
count in the ledger and that IA red line
through his name was drawn when the
account was transferred to William n.
Boggs.
Tie book shows cash items OF $3.50 on
May 9th, 1896, and $3.50 on May l4th,
1896. in favor of Clark He could not
say whether 100 shares of Bay State Gas
were to Clark's credit when the transfer
was made.
Ernest H. Ball, assignee OF +. B. Cuth-
bert 4 Co., testified that he had pro-
duced what books he could find Of that
firm
Robert G. Fulton, who was connected
with Cuthbert d Co.'s Philadelphia
office, testified from Cuthbert < Co.'S
letter book that on May 18th. 1896, he
sent a telegram to Clark to send $3.50
to cover margin on Bay State Gas stock,
that amount of money being needed to
protect his account He could rot say
whether that was the original amount.
AFTERNOON PROCEEDINGS
Court convened at 2.30 o'clock in the
afternoon and Mr.. Nandegrift informed
the court that he had forgotten to men
tion the receipt of telegram received
from W. II. Richardson on Tuesday
evening.
This stated that Mr.. Richardson
wished to correct an error in his testl-
mony of that day and he was recalled to
the stand.
The mistake Mr.. Richardson referred |
to was that made by him to the effect |
that Thomas S. Clark, the defendant,
did not owe the bank any money.
In explanation Mr.. Richardson stated
that he did not know what was on his
mind at the time, but that he had for
gotten the unpaid bond of $1,000 OF
Thomas s. Clark which had been as
by Clark to William N.Boggs All d
by the latter to the bank.
ON being questioned by Mr.. Biggs as
TO whether MIR. Clark had any additional
ntes in the bank. the witness answered
in the affirmative, one calling for S30O
and the other for 500. These he con-
tinued had not yet a atured but he only
considered one of tn, IN good.
William N. Boggs who had been called
as a witness prior to the correction made
by Mr., Richardson, was then requested
to- take the stand by Mr.. Vandegrift.
"You have testified to your defalcation
Of $lO7 900, from the First National Bank
Of Dover" asked Mr.. Vandegrift.
"Yes." -,
"will you look at these two cheeksf'
eyes" -.a
"Did you ever see them before?"
II did,
"When?" :,
"At the First National Bank Of DIVER
''They each call for $3.50 and are signed
by Thomas s. Clark, are they not?'
'"They are"
, when YOU received those checks, was