Evening journal., 1898-06-24
JURY HEARS CHARGE.
Judge Bradford Delivers In
structions in Clark Case.
IT WAS A LENGTHY ONE
CIlARlK'S WIFE AND SON SAT- BE
SIDE HIM DURING THE PRO
CEEDINGS-WETAT THE COURT
SAID IN PART.

oiDE HIN DUtOlINd lfiE thuO- /
CEEDINGs-WFIAT THE COURT
SAID IN PART.
Judge Bradford charged the jury IN
the Clark case in United States Court
this morning. The court room was
crowded with members of the New |
Castle county bar and a number OF |
business men. The charge was qulte
lengthy, covering forty type-written
pages, and consumed about one hour
and a half to deliver it.
Judge Bradford said in part: Cen
tlemen Of the Jury: The indictment
charges the defendant with violation
OF the Revised Statutes of the United
States. The Indictment against the de-
fandant as returned to this court con-
tanned forty-six counts. A number of
these have been abandoned by thel
district attorney, and are not for your
consideration. The first fourteen are
cut but, as are the fifteenth, sixteenth,
eighteenth, nineteenth, twenty-hrst,
twenty-second, twenty-third, twenty
fourth, twenty-fifth, twenty-sixth and
twenty-seventh, but the seventeenth,
fortieth, forty-frst and forty-secOnd
are for your consideration. The twen-
ty-eighth to the thirty-ninth call for
your consideration. The forty-hfth and
the forty-sixth charge Clark with con-
spring with Boggs to injure the bank.
Under these counts, in order to re-
turn a verdict Of guilty, you must be
j satisfied that Boggs wilfully misapplied
the funds for the benefit Of the defend
3 ant. You must be satisfied that Clark
conspired with him. You must De
j satisfied that Clark and Boggs con-
S spired together to injure the bank. In
o order to find verdict OF guilty on the
+ forty-fifth and forty-sixth counts you
must be satisfied that they conspired
5 together to injure and defraud the bank
In a case like this the law will not per-
Y NIT a defendant to be tried unless the
charge is made within three years OF
g the crime. The defendant cannot be
:, found guilty on checks drawn before
g April 2S, 1895. You cannot find him
4 guilty with conspiracy with w. N
Boggs on these checks drawn befor'
April, 1895.
: But while you cannot ind the de
o fendant guilty ON these checks Ye
, you must consider the intent, and yo1
must consider that the checks wer'
+ paid by the funds Of the First Nahona
y Bank To justify verdict Of guilt1
in this case you must find, beyond ;
% reasonable doubt, that the defendant
u testimony was competent. All this i
in favor Of the defendant. A reason
able doubt is a doubt based on reason
1t is not whimsical or conjecture. Proc
- beyond a reasonable doubt must b
" considered. w. N. Boggs, at the tim
Of his flight from Dover, was a de
faulter to the extent OF 100000.
:, was not discovered until after hi
: flight"
Judge Bradford then went over tn
testimony adduced on each side. II
took up the entries in the individua
ledger and went over the balances an
drafts and accounts Of the defendant
n, There is no evidence that the Dc
- fendant made complaint to the officer
D,o Of the bank about the manner
y which his books were kept at th
y bank" he resumed. "Cuthbert & G
- on May s received a check for s2s
: from the defendant to pay for margi
~ on some Bay State Gas stock. III
-, check was sent to the Farmers Ban
and then to the First National Ban
and there was paid. On May 1S, al
other check for $3.50 was paid the con
pany by Clark for Bay State. Th'
check was sent to New York to the o
- fee Of Cuthbert & Co., who sent 1t
:. the Seaboard National Bank. 1t vi
y, afterwards sent TO the First Nation
". Bank Of Philadelphia, and then to q
"a Citizens Bank OF Aliddletown, and the
to the First National Bank Of Dove
where it was paid.
Another check on May was Civ
cuthbert & Co. for $50 by Clark, wh'
of at that time Clark had only sevent
to one cents in the bank. On May 13
of other check was given for $50, VIII
De- the defendants balance at the bal
asst was only forty-six cents. William
.elr Boggs has pleaded guilty to t
charge of aIbstracting money OF {
bank, he has testified here in this ca
and the testimony Of an accomp'
mi must be cautioned. An accomph
be however, is a very good witness.
'ow you think that Boggs has not De
i'm corr0borated you must find a verdict
not guilty.
"You should judiciously scan
G. evidence Of William N. Boggs.
ont must be well weighed. A number