Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1898-06-23


to sign 1t. Boggs said Clark had signed
1t. Clark said he had paid the checks,
and lioggH gave them to him. | was
employed by Clark, aud sometimes do
posted for him, sometimes with Sins
aud sometimes without, sometimes on
the street, sometimes | took checks to
bank and sometimes | paid money
without asking for tho checks, | had
charge OF UlRrk's business when he
was away. lioggs did not frequently
protest Clark's checks he protested
them when Clark did not have money
deposited.
Next, Mr.. Butler was cross examined.
DIR. Vanllegriit-"What checks were
given for the $3.50 hondy"
Mr.. Butler do not know About
that time ! gave Checks made payable
to Clark. for about that amount got
the checks back. {"
William Il. Cotter of Philadelphia
testified that, on May Sth, 1897, ne re
ceived Il telegram, signed Nv. n. b., "
saying "Come TO Dover this evening,
you Gun return to-night; important.
| Continuing, Mr.. Cotter said: "Pursu-
ant to the telegram, | went to Dover
and met Boggs at the railroad station
or on the street, whence wo proceeded
| to l}uggs' house. | Lad II conversation
with Bogga relative to sc houses which
liogga was having built. Bnggs wanted
to know IL he could borrow come money
on thom. told him that he could not
do SO then, herause they were not com
pletod and the title had not heen taksn
out OF tho 'strlwman. Boggs said he
was short IN the bank, and he would
like 10 borrow 81, 0On or $40. 600 on the
houses. | showed him that this was
impossible. Boggs said don't mention
this to anybody, especially to Clark. l
Eaw lioggs on a Dover street the follow
| ing Monday murning, and he again
spokB of not mentioning tho matter to
anybody, especially to CLARK, for, no
said, it might as well be published rs
to tell him. -
On cross examination, Mr.. Cotter
said only he ard BogaH were present
when these conversations took place.
When court reconyened on Tuesday
Jefferson l.. Ford was tho first Wit
ness, being called hy the defence. In
reply to questions by MIR. Biggs, he said
he was never pRrt owner OF the horse
brooklyn, as had been testified by viii
liam N. Boggs lie said he rcmem-
bcred conversation relative to the
horse Brooklyn, his understanding
being il WA to cost 81. 100 lie believed
il was bought by Clark. His rocolloc-
tion was that Bogea had agreed TO ad.
vance money on tho horse, $500 being
needo1.
Mr.. Vandegrift cross examined the
witness. tie nskpd whether witness
had not on October 18th. 1893, given a
check for 5000 for part payment Of the
horse, not necessarily signifying that
he ives part owner. He replied that he
din aot.
What did you give the $500 check
for9" asked Mr.. Vandegrift. Mr.. Biggs
objected.
Did you not, on ur about October
18th, 1862 give check for s:tO0 which
was applied to the purchase of tho horse
Brooklyn" Mr.. VandegIift nsked.
mot to the hest of my knowledge, -
tina Witness replied.
ibid you have a conversation with
William Stockley relative to the horse
Brooklyn?"
81 don't remember anything about
ouch conversation. -
"Who was the title of the horse in?'
Z" understood Mr.. Clark owned the
horse. -
" DO you say you had no interest in
tho horse?"
II had no ownership of him. "
what interest mad you in him?"
81 had bill OF kaop against him. "
Mr.. Vandegirft exhibited a letter
which Ford said he wrote. When Mr..
Vandeerift asked him to whom it was
written Mr.. Biggs examined it. He
then BANDED it back to the witness.
Mr. Vandegrift oifarel the letter in evi
denGe. MIR. Biggs objected, on tho
ground that it bad no bearing on the
case. Mr.. Biggs remarked that be did
not think Mr.. VantlcgrIft would he SO
particular about the letter, MIR. Biggs
having suggested that witness road it.
"Well," replied Mr.. Vandegrift, "we
must he particular in these cases, with
/ the class of witnesses. -
, If you bring that matter before The
! jury" Mr.. Biggs remarked, "I'll meet
! YOU there"
Tho Judge read the letter. lie said
he could not understand it, intimatinp
that 1t would take a race track expert
! to understand it.
MIR. Biggs remarked that tho district
attorney was grabbing at a straw ia
Offering the letter. Mr.. vandegrift
omEhatlcally denied it.
Mr.. Vandegrift then asked the wit
ness to whum the letter was written.
] ITO William N. Boggs," Witness re-.
pliod.
MIR. Vandegrift withdraw the letter,
but said be would offer II later
3 Mr.. Biggs next placed Thomas s.,
+ Clark, the defendant, upon tho stand.
s Mr.. Biggs asked him: "Mr. Clark,
0 you are charged in this indictment with
/ having aided and abetted william, N.
s Boggs to abstract certain funds of the
0 First National Bank of Dover by giving
, two checks for 1850 to Il. b. Cuthhert
s & Co., dated May sth and 18th, 1896,
{ respectively. Please state in your own
0 way what you have TO say about the al,
. legged checks. "
8 Mr.. Vandogritt objected. Before
ruling on the objection the court con.
suited the law on the subject. The
. court overruled tho objection. Clarl,
I signifying his desire to testify.
9 Clark testified to buying 100 shares
OF Bay State GINS Mt the time specifiod
und during the week. he bought 200
8 more shares, making 300 shares bought
and 200 snl6. Two checks for $3.50 wore
given. When the first check came in
! Boggs told him the check was there
y and there were no funds to meet it.
Boggs, be alleged. told him be would
pay both checks II ths account should
0 be transferred to him, tho second check
. not having been honored. lilo trans
ferrea the stock to Boggs, who, on
the following day gAve him the two
! checks. with blue marks across them.
In reply to Mr., Biggs he eaid thurc
was no understanding that any proiit