Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1898-05-19

N. Bo9gs. Ii appears from tbs evidence |
that the defendant is lawyer OF IL |
years standing and was during the |
period or portion OF the period covered |
by the alleged fraudulent checks reg |
lister Of wills for Kont county. II ia for |
you to say how far II is probable under
these circumstances that the defendant |
should have taken such an active part |
in tho transactions represented by tho |
alleged fraudulent checks unless ne had |
an Individual personal interest in those |
transactions. Did not the part he took |
invovu the consumption Of much OF
his time and attention? Thaie are IN |
evidence impression copies of Is tele-
grams sent by j.. Il. Cuihbert Il 10. |
to the defendant, II OF which called for |
large sums of money corresponding IN |
amount with an equal number OF the
alleged fraudulent checks.
I'm addition TO the foregoing tele
grams there ARE in evidence impression
! copieH Of numerous kilograms hetwecn
the defendant and William N. Boggs
respecting the transactions connected
with those checks
ct iH wholly immaterinl in this case
whether the money taken from the
funds OF the First National Bank OF
| Dover and applied to the payment of
] tbd hlIUEbu NbpIHnt VI MY
OF them. was taken for the sole use,
benefit and advantage Of the defendant.
or for the use benefit, and advantage of
the defendant in connection with others.
In number Of tine counts of the
| indictment remaining open for your
consideration, mare than one alleged
| fraudulent check are set forth. Ii is
nut necessary to conviction on such
counts setting forth eevural checks that
there ehall have heen proof submitted
to you in relation to each of them
| but il any ons check as set forth in
| any count of the indictment has been
proven to your satisfaction you may
find verdict of guilty on such count,
provided you are satisfied of the crimi.
nality of the transaction under the law
as heretofore laid down to you. Tho
fact that number of checks set forth
in any count does mot correspond with
the number of checks proved 10 your
satisfaction will not of itself prevent
you from returning verdict CT guilty.
1.-The court has been requested to
give you instructions on number of
points of law in the language employed
by the counsel in the case. The charge
of the court embraces in substance all
of the propositions suggested ny the
counsel in so far as those propositions
are, in the opinion OF the court, prop
erly applicable to the case.
"Your verdict should represent the
opinion of each member OF your body
after an Intelligent and conscientious
comparison and consideration in the
Jury room of the views of the indi-
vidual jurors. Your investigation of
the evidence should he marked with
due deliberation and your minds should
IA.fl 70
which commend themselves to your
judgment. This very object of the Jury
system ia to Hecurs unenimity through
comparison uf views and through argu-
ments among the jurors themselves. Ii
large majority of the jurors, after
tleliberation in the jury room, diffor in
their conclusions with the minority, it
is proper for those composing such
minority, in view of the fact of such
difference, to review the grounds OF
their own conclusions in order that
unanimity may be reached but no
Juror should acquiesoe against his in
dividual judgment 10 the conclusions
reached by other jurors whether con.
shutting a majority or a minority of
your whole body, for your verdict must
represent the real opinion and Judg-
ment of each member of the jury.
| IuB Eullb luupStu0u Vi bho ~
fendant is to bs determined by you
as intelligent and conscientious men
upon the evidence aaduced in this case
and upon that alone. A grave and
! solemn responsibility rests upon you.
No public clamor, no sentiment OF
hostility or sympathy, no considera-
ton of consequences which may result
/ from your verdict. should be permitted
, in any manner to influence your de-
liberations or control your verdict. If
upon all the evidence in the case, in
GLIDING that relating to good reputation
for honesty and integrity, you arc not
| satisfied beyond a reasonable doubt OF
: the guilt of the defendant, you should
acuuit him; hut il upon all the evil
, dence IN tho case you are satisfied
beyond reasonable doubt that the
defendant is guilty in manner and form
; as be stands indicted. you should return
,, a verdict of guilty. II you shall find a
verdict of guilty il may lie general
verdict of guilty, or a verdict as to all
or any of the counts now in the in
dictment az the evidence shall warrant. "
Tho general impression was that the
, charge was strong, and that il was un-
) favorable to the defendant.
RETIREMENT OF the JURY.
. Accompanied by Bailiif Galaher,
; the jury retired at 3. 30 o'clock. The
. grand jury ronm aud the district attor-
F.; uey's Office were put at its disposal.
{ Deputy Clerk Mehalfey triad to obtain
y cote, but failed iiailif Gallaher and
. Deputy Marshal Clark remained on
| duty all night. ard Waterman Steven
r son frequently went outdoors to SEQ
thut nobody communicated with tho
: jury from the street.
MESSAGE FROM THE JURY
9 The jury sont to Judge Bradford on
I Sunday morning q massnge stating that
9 it would like to come into court. The
I counsel were promptly notified, and the
= court coneyned at 1l.30 O'Clock. After
the jurors had responded 10 roll-call,
u the foreman announced TINT the jury
: was unable to agree In reply, Judge
: Bradford said that Ihe circumstances
9 and evidence were such thau he did
: not feel warranted in discharaing ii. In
: conclusion, he ordered tine jury to re-
: turn To it's chamber.