Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1898-05-12

was recalled, and testified as folluws:
The letters, with the erHsnreA. arc the
Same as | received from the phiiahel-
mia National Bank. The letters repre-
sent cash items and checks. From the
letters, cannot tell whether the checks
we're on the Farmers Bank or the First
National Bank o. Dover.
Teller Cooper Of the Farmers Bank
was recalled, and, referring to the
foreign check book OF that institution,
gave list of the Cooper checks which
had passed through the Farmers Bank
between May 7th. 1896. and December
22d, 1896. The book was admitted IN |
evidence, az were also 10 more letters
from the Philadelphia National Hank
to the Farmers Bank. making total OF
90 letters.
Ernest II. Ball. assignee OF +. b.
Cuthbert & Co of New York, identified
certain books OF that concern, which
had been produced under subpoena
issued by the court. Among tho hooks
| identified, were stub receipt books
! dated as late as November I'd, 1896. lie
| stated that he had searched for other
| stub receipt books, hut could not lind
| them, On cross examl nation, he au-
mitted that he did not know OF the
existence of subsequent stub receipt
l
| books.
S. Il. Fulton, who succeeded Mr..
| Page as the manager OF the Fhlladel-
| phia Office of n. b. Cuthbert " Co.,
testified that there were stub receipt
books subsequent to November 2d, 1916,
and that he had searched for them, but
could not find them.
Walter Z. Sexton, who was employed
as a clerk 10 tho Philadelphia office OF
Il. Il, Cuthbert & CO., identified book
maue up of credits taken from the stub
recount books The defence objected
TO this ledger being admitted in evil
dence, but the objection was not sus-
tanned. The defence claimed that tho
ledger was not book Of original entry
or secondary EVIDENCE. and hleu an
exception to the ruling. Referring TO
the ledger, Mr.. Sexton testified that
Cooper was credited with tho following
amounts: June 2u, 1876, 81, Aoo June
; ed, 1886. $1,000; June 3Oth, 1870,
81, 900: July I'd, 1896, s., 600; July 23d,
, is96 Il 5OtI; August sth, 1896, 81 600 j;
I August 7th, 1896, $500; October 18th,
, 1896, 81, GOO; November Goth, 1896,
t S., 600: December lith, 1896. 81, 400
( July 10th, 1896, loco; July lith.
! 1886, s., 600: May 7Ih, 1896. $500; May
sth, 1896, $3.50; May 9th, ls9t, SiOO
. NAV nth, 1896, $500, and Juno goth,
I 1896, $500 The dafence objected t.
4 tho credits of the checks of May Itt
n aud June 26th hning admitted IN CYL
t ience, contending that it had not beer
: notified to produce checks OF thost
It dates, Tho objection was not sustained
and the defence filed an execution.
k Mr.. Sexton said that the ledger dir
o mt show the dates of the checks, bu
i The time of payment. lie could no
o recall that Cooper ever brought in cash
], to the best of his Judgment Coope
% brought in checks. Turning to tn
,r ledger, Mr. Sexton said that Coope
al was credited on April let, 1897, witt
10 81. 500. The district attorney expluine
al that this sum was included in tn
Of general count of S23, 600 The defenc
D, tried to have the credit excluded fror
50 the evidence claiming that it had nc
10 been notified to produces check c
ut that date The objection was not slit
10 tanned, however, and the defence ME
k. an exception. Next Mr.. Sexton test
to fed that Cooper was credited on APR
al 18th, 1897. with 81, zoo. The detene
an also objected to the admission OF tn
y. credit, asserting that it had not bee
al notified TO produce check OF thi
ga ruled and an exception was filed.
d. Turning to the counsel for the d'
of fence, Judge Bradford stated that thu
e. mad not entered demurrers or made
at motion to quash the indictment. b.
lat that il they had made such motif
ey MT the proper time he might have BET
ut inclined to grant it. He might ha
lot done this, il is understood, ON Il
He ground that the checks we're notisu
nut ticiently descrihed in the indictment.
lid When the trial was resumed Hrid
he afternoon, District Attorney Vandegrl
oil explained that he had notified the 9
Ish fence to produce certain kilograms se
Of to the defendant, ana asked wheth
til il had complied. The dsfence Eepll
Tx, in the negative, adding that it did 2
for have them. Mr.. Vanderbilt aald 1th
ut the kilograms were sent from Philad
de, phia in 1896, and were dated June i
ash June Odd, June 10Th. July lst Ortot
rks 10th and November 10Th. He stat
90, that he had suhpnnaed the super
tendent of the Philadelphia Office of t
TO Western Uniun Telegraph Co. to test
ne. that under the compRuy's six monti
,ers rule, the kilograms had been destroy'
INV but that official was not present.
ust announced that he would call August
Lers W. Springer, the manager OF the "
an mingtvn Office, AMI then put 10 seeond
ney evidence concerning tneH. Mf: oprin
uld testified that the kilograms filed in
MIR. Wilmington office are sent to PhilRu
sr's phia at the end of six months, VI
the disposition Ia made of them after Il
yers reach that city ne could tell only "
had beun told him by the compan
the general counsel and general super
tain tendent. The ueience objected to
4 of admission of Mr.. Springer's testimo
the and the objection WIS sustained, al
the which Mr. Vandegrift requested an
| hy tachment for thu superintendent OF
ank Philadelphia Office.
for Il. j. Faucet, manager of the dc
leck Office, produced copies OF lelegri
B96; sent ny Il. b. Cuthhsrt & Go. to
1st, Sdefendaut. One dated June lst, II
July quoted the price of wheat. and as
on Cooper to Rend in ths next mail a Oh
Maid for $500. 1t was admitted in
600. dence. One, dated June 3d.. II
|, for was not admitted because the deft
s96: had not been notified to produce
nber One, dated june 29th, 1896. quot
d on the prices of several stocks, inclue
900, Bay State Gas, and calling you CD
/ for 81, O00,'' was objected to by tho
The fence on the ground that il was iri
the want Senator Gray said that the
eing nacular reminded him OF tine gam
that poker. daughter He asked
d to difference it made whnt the checks
2oth given for. MIR. Nandegriit stated
was he was proving by the kilograms
! the the defendant sent to Z. b. Cuth