Evening journal., 1898-06-23
NOW BEFORE THE JURY
U. S. District Attorney Vande-
grift Makes His Address.
CLARKs COUNSEL MAKES REPLY
TELLS JURORS no WEIGH THE
TESTIMONY OF BoGGs, AND MIR.
BIGGS PUTS THE DEFAULTER
ON THE RACK AND SAYS THE
GOVERNMENTS CASE is FIIMsY.

ON THE RACK AND SAYS THE
GOVERNMENTS CASE is FIldsY.
The bitter legal fight, testing the
guilt or innocence of Thomas S. Clark
Of completely in the Dover bank steal,
IS drawing to a close in the United
States Court.
The case concluded, SO far as tesu-
mony was concerned, yesterday after
noon. Both Attorneys Vandegrift and
Biggs cited their prayers, and at the
end Of these Mr.. Vandegrift began his
address to the jury. He said that ne
regretted to consume so much time in
the case, but a citizens liberty was at
stake, and the case must be presented
clearly and carefully. If the jury finds
one reasonable doubt ii should be given
to the defendant.
Mr.. Vandegrift told the jury that
while it could not convict on any
checks drawn prior to April 25, 1898,
those checks could be considered as
showing the intent in drawing the later
checks. He was willing TO allow the
evidence Of William N. Boggs to go
side by side with that Of the witnesses
for the defence, but the jury is not
asked to convict anyone upon the un-
supported testimony Of William N.
BOggs. Specific checks have been
taken and traced from their inception
to their payment, and they were paid
out Of moneys which did not belong
to this defendant.
"The defence" he said, with respect
to the $3.50 is that Clark undertook TO
draw a draft upon Cuthbert & Co. for
the payment Of one Of these checks
The letter Of Cuthbert says that the
account would not meet it. Suppose
he did give a draft. He had given a
check on May which was paid on the
eleventh; he drew another on the thir-
teenth, and it was paid. If that was
the only check in the case, a verdict oil
guilty would be asked. 1t would be
asked because, while the statute oil
limitations has almost saved this de-
; fendant, the evidence shows a bond oi
$4,000, and that crime should be pun
ished.
"Boggs told you that when the bond
was given the checks and letters an'
\ evidence were given out Has Bogg
been confirmed in that statementg Th'
defendant does not deny the bond, bu
y says that part of it was for Z
gambling debt and partly for none!
loaned him by Boggs, Kenney, Butler
Mages and Golfer. All but Ma
gee are indicted. They are her'
to close that prison door before thil
defendant enters it and keep it CLOSED
They were here for that before. Eacl
time they come there will be one les
OF them. He would pass A1agee will
all charity His preceptor precede,
} him."
Mr.. Vandegrift alluded to Clark
, testimony in relation to Boggs keeping
an account of his gambling. The bool
was produced and from It Boggs testi
E fed He then reviewed what the bOol
. showed. Between Boggs on one sid
and these men on the other, they hav
more to cause them to swear to wha
) is untrue than he has The priso.
2 doors have been closed upon Bogg.
His hope has gone.
The race horse transaction was the
taken up, and Mr.. Vandegrift held tina
the testimony Of Boggs had been cor
, roborated. If this defendant was in
/ nocent it could have been easily show
o by the letters and checks returned Q
j Clark. They were not produced.
= he was an innocent man there woul
e be no difficulty in producing th
checks. Clarks bank book was bal
+ anced on April G, three days befor
e the bond was signed, and on April p
b just after. Why was this done?
). the giving Of the bond had been a
t honest transaction why would not tn
v checks have come through the bank i
t, the regular way?
All that can be pleaded in defence
that because Boggs has pleaded guilt!
he is not worthy OF belief. The ev
e dence of William n. Boggs has bee
g supported by documentary proof.
g Clark stands in the position Of
: man who has ruined one OF young
II years. and then ACCUSES him of a petit
10 theft.
n THIS MORNINGS SESSION.
5, Mr. Vandegrift concluded his addre:
: before the jury this morning.
II MIR. BlGGS' ADDRESS.
IS "Tha Honorable Court and Gentl'
C. men Of the Jury: I congratulate ya
upon the approaching termination I
this long and tedious trial. / want
~ thank you for the long attention whic
- you have given this trial. / will de
y with this case as briefly and fairly