Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1898-04-28

The United States District Court did not
transact any business Monday afternoon
until $40 o'clock, when the grand Jury,
| which had been considering the Boggs cases
entered the court room and presented an in
dictment against Thomas S. Clark. promi-
neht real estate agent at Dover. Ernest II.
Bail. assignee of j.. u. Cuthbert & Co.. New
York stock brokers' the witness who was
supposed to have been missing. was before
the grand jury during the afternoon. lie
| came to Wilmington Monday in re-
| Spouse to summons issued last Saturday,
lie did not come here when his presence
was first desired, it is understood because
he was witness in u casein another court.
| Immediately after the grand jury's pre-
sentiment had been filed, District Attorney
Vandegrift explained that he will be en-
Gagged in the trial of cases during the re-
mainder of this week and the greater part
| OF next week. ard suggested that the grand
! Jury be discharged until Tuesday morning,
May 10th, at l.3o o'clock, The grand Jury
was accordingly discharged.
| The true bill found against Clark contains
| 16 counts, and fills 200 pages OF legal cap
| type written. 1t charges him with violating
| sections 300 and 5,440 of the United States
Revised Statutes, for the violation of which
William N. Boggs and Col. Ezekiel +.
count accuses Clark with knowingly, viii.
fully, unlawfully and fraudulently aiding
and abelting Boggs, then teller Of The First
National bank, Dover, with embezzling
S3UOo from that institution for the use,
benefit and advantage of Clark. The checks
alleged to have been drawn by Clark,
and paid by Boggs. are described as
| follows: For $500 on October 18th. 1893;
| Tor $40, on October, 3lst, 1893; for sos oil
| November 18th, 1888 for $500 ION Deem
n t 9th 1929; for sl97.l5, on December 18th,
1915 Tor $3.50 on June 23d, 1884 for SO,
on July 9th, 1891; for $50, on February
18th, 1885; for $3.50, on May 18th. 1886; for
| s2Sl. on May 10TH, 1896, and for $50 on
November 3Oth 1896 The said checks. the
presontment says. cannot be produced, or
more particularly described, because they
| were delivered 10 Clark by Boggs. The
The i,eXt 81 counts are similar. except that
| the phraseology is slightly different In
| tue las: seven counts, Clark Is charged with
| knowingly, wilfnly, unlawfully and fraudu-
lentiy cOnspiFing with Boggs 10 commit an
offence against the United States.
| On the back of tho indictment are the
names Of the following, who are to appear
rs witnesses against CLARK: Z. Il. Ross,
| Hugh Dunlap, Edward ID. Page II. A.
KitlchIa1rdson, J. H. hateman. Irving Boegs,
| Ezekiel Cooper. United States Senator
Richard r. Kenney and Ernest II. Ball.
Senator kenney's name does not appear in
the list OF witnesses written ON the backs of
the Boggs and Cooper indictments.
Alter the grand jury had been discharged,
the court adjourned until Tuesday morning
Court convenedi at 10. 10 o'clock
Tuesday morning.
Immediately after roll-call District
Attorney Vandearirt announced that,
during the last two weeks, no had en-
deavored to secure certain documentary
evidence for the Boggs cases, but had
not succeeded in getting books until to-
day. These books, he added. are nut
the ones he wants. lie explained that
there was some mistake, and stated
that he will have to go to New York.
Consequently, he requested that tho
petit Jury be discharged until II. 70
O'Clock next Monday morning.
Levi o. Bird, of counsel for Col
Ezekiel L. Cooper, objected. After re-.
marking that he is always willing to
accommodate counsel, he reminded tho
court that Cooper's case had been set
for Thursday, and that be tMr. Bird
had announced that he would be ready
then, whether his colleague, Senator
Gray, was present or not
District Attorney Vandegrift suid
that the interest of Justice in the casey
and the interest of MIR. birds client,
demand that the bonlia, If they show
anything, be here. lie added that lie
does not propose to enter into She case
until no has verything that hs is en-.
titled to have. lie haa not had time
to go to New York, he declared, and
he has not time now, but he has got to
go now. Tho judge, hs Htatad, Goss
not want to 60 on with the case until
the government is realty to presant all
that it ia entitled to present. Mr. Van
degrif5 thought that his request was .
reasonable Mr.. Bird, be remarked,
was genarally reasonable, and no lid
not understand MIR. birds objection.
MIR. Vandegriit stated that be rioeH
not want to 60 into the Case until he
knows all tho surroundings and hear
ing9; he might have to modify the case
after seeing tbs books. This is a eHse,
he remarked. whore he should know
what it ia, where no is moving and,
near as possible, whers be is coming
out.
Judge Bradford stated that, as long
us he is on the bench, hs will give
ample timo for the presentation of
evidence on both aides. lie presumed.
from the statement of tho district
attorney, that the bucks are material.
1t sesmsd to him that the government
should not bs forced into a trial &c save
Two. three, four or five days 1t would
be perfectly agreeable TO him, ii Mon
day were unsatisfactory, TO take up the
Gaze on Wednesday, or Thursday OF next
week. The court would accommodate
the counsel on both aides as much az
ii was able. lie thought that reHsoD- 4
able opportunity for obtaining material
evidence should be given.
In response 10 suggestion from
Judge Bradford, Messrs. Vandegrift
and Bird conferred. At the conclusion
Of the conference, the petit jury, by
mutual consent, wac discharged until
II .30 O'Clock next Monday morning.
1t is understood that Judge Bradford
and Messrs. VandSgrift and Bird will
confer meanwhile relative to further
of Cooper'a trial il Mon.
lay is unsatisfactory to MIR. Bird for
Jhu commencement of the trial 1t ia
also understood that the books that
Mr.. Vandegrift ia anxious to obtain arc
The hooks of the late firm OF Il. Is.
Juthbert & Co., stock brokers', of New
York City.
Thomas S. Clark, who was indictnd,
Monday. on the charges OF aiding and
Ibetting William N. Boggs in the em
,azzlement OF So, 600 from the First
National Bank, Dover, and conspiring
With Boggs To commit au Offences
gainst the United States. came up
rom Dover on Tuesday, but was not
i the Federal building. Ills COUNCIL,
ohm jiggs, was in the court roum,
Iowevor, during the tilt regarding tho
ischarge of the petit jury until next
londay.
II is stated that in finding true bills
gainss Bcggs, Cooper and CLARK none
T the grand jurors diesented.