The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1898-06-20
CLARK'S CASE
IS RESUMED.
Err. Cochran, Jr., is Grant
ed an Extension of
Time. e

I .S.NtS 'ho ohitcu GVutt5 COHVOu-
ed this morning stack of bank books
was carried into the court room and placed
near the witness stand
N II, Cochran, Dr., was granted an OF.
; tension OF ono week for the fling of a
demurrer to the indictment against vii.
liam Il. Cotter
Harry Mcdaniel took the stand and
Identified book of tho Adams Express
Company. KS read the item of the deed
from Easton and the item was admitted
rs evidence by agreement between coun.
sol. :,
| William N. Boggs, in answer to the Dis.
trict Attorney, stated that IRREGULAR
checks had been included on Clarks pass.
book. The checks that were paid over the
counter were paid with lawful money.
| When check to Cuthbert e. Co. was paid
u would be out of the funds Of the bank.
| Out or the money deposited by the defend.
| ant one or more Of the checks mentioned
In the Indictment might have been paid.
lie knew that neither of the $3.50 checks
mad been paid out Of the funds deposited
by Clark. The check for 500 given In
October was not in that amount. Several
other checks mentioned were no. paid out
OF Clnrk's funds.
Walter Il. Morris looked at ths letters
from the Philadelphia National bank In
reference to checks received and which
were sent to the First National bank at
Dover and paid by the latter bank. He
also identified a letter from the National
bank of Delaware. John A. Medley itlenti.
fled the handwriting OF Henry Baird, Of
the National bank Of Delaware, In refer
ence to check for $50 forwarded to Dover.
j. H. Bateman identified receipt Of
checks received from tho Farmers Bank
at Dover
L. E. Ross, expert accountant exam
ined the books Of both banks at Dover In
reference to IN item of $500 on October II,
1888 On that date check of Thomas 8.
Clark was sent by tho Farmers and re-
ceived by the First National Bank.
His balance at that time was an over
draft of S16 H.
October 81, 1898, for s175; balance on
hand Of 49, Nov. 49, 1923 $95 balance to
credit $3763; December g. 5000, balance
1888. December Il, $l97 Is; balance $1770
II the other checks had besn charged there
would have been an overdrafs of $3.50.
Ho went through the account up to No.
vember 80, 1895 when Clark had So cents on
hand but If all the checks mentioned in
the Farmers book had been charged up
there would have been an oyerdraft Of at
ut least $l747 10.
John H. Bateman looked at the exchange
check books of the First National Bank
and testified to amounts credited to the
Farmers Bank during 49, 'Q4 '05 and '96
The books were offered in evidence.
The Government closed.
MIR. Biggs in opening for Clark said,
There are two charges in the Indictment
against thi. defendant
He read tho charges. In this indict-
lnent there were 46 counts but 10 have
been ruled out. The "a counts deal solely
with eleven checks, Some OF those ~
counts charge the defendant with aiding
and abetting Boggs to abstract, others to
misapply and the four last counts charge
him with oonspiring with Boggs to alb.
stEaot or misapply the funds Of the bank.
OF these eleven checks seven were given
in 1898 and 1894. Tho other four checks
were given in 1896 They come within the
statute of limitation. We will show you
that this defendant bought this stock in
May, 1896. When no gave the first check
for 800 there was some rise in the stock.
He drafted on Cuthbert & Co. in Phila-
delphia.
About that time the second check came
back. He was unable to meet it. He told
Boggs to protest the check. The stock was
transferred then aad there by CLARK The
checks were returned. These other checks
were paid by this defendant. There was
bond given for money loaned to this man
US friend.
The largest amount of that bond VIZ
made up OF gambling debt. The bCudl
with Buffers name had no benefit for
Clark. The defendant did not know that
Boggs was u defaulter until he loft Dover.
Senator X. K. kNhney was the first wit.
ness. He identified the two bonds. They
were drawn by the witness He was pres
ent when they We're signed
Boggs informed him hat Clark was In.
debted and Clark admitted he would pay
the claim. Boggs asked witness to take
the bond in his name. This would help
to realize. The time was left open. Thai
afternoon Boags and Clark came to his
office.
Clark protested the amount of the bond
as 1t was all or in part for u gambling
debt The understanding about the But
Ter bond was that Butler owed the money.
Boggs made no protest when Clark
claimed tho bond was for gambling debt.
Clark asked witness not to press tho bonds
payment The understanding was not to
press Clark for the amount of the bond.
In cross examination by the Distri At
torney Senator Konney denied that Boggs
ever told him that the indebtedness was
for checks which he had paid for Clark.
lie denied furthermore that Boggs had
ever consulted him on q Sunday in any
year regarding the collection of the debt
against Clark. Court at this stage took q
recess.