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

ing. He asked Boggs what it was.
Mr.. Biggs objected Ia il going in evil
dence and Cashier Morris Of the Farm
ers Bank was called.
lie said be received it from tho
First National Bank it being notice
OF protest OF check given by Thomas
S. Clark to E. Il. Cuthbert & Co. Mr..
Morris said the check had been paid,
however, ut tho First National Bank,
checks sometimes being paid after
notice Of protest is sent "We never
got the check back" Mr.. Morris said.
Mr.. Biggs asked him il hs sent the
notice to the Philadelphia baul;.
''No. sir" he replied, sit was filed
with the papers 10 our bank. "
w. n. Boggs again took the stand |
anil explained the meaning Of the |
notice of protest, saying il had been |
sent to the Farmers Bank, but must |
have been paid before the expiratino Of
the time.
"How was it paidH" asked Mr.. Van
degriit.
paid," Boggs replied. al sent notices
to all persons interested regarding the
check. " Boggs here explained the
method Of protesting checks. lie said
the actunl protest was not made in this
case.
"Mr. Boggs," said Mr.. vandegrift,
have you certain kilograms which
were sent by Clark to you on July 10Th,
August Goth and August 23d, ls9iY"
mo. sir, was the reply. "They
we're all turned over to Clark.
Mr.. Biggs cross. examined the witness
relative to the race horse business.
Boggs said that, although he had an
snk l., Nha H.,
owner.
"Do you remember having cunver.
sation with Clark, Ford and Butler
relative to the purchase of the horse,
before it was purchasedY" Mr. Riggs
asked.
II don't remember any particular
conversation, he replied.
do you remember talking to them
beforehand about the purchaser"
Il think | do. / remember dis
tinctly a conversation with Mr.. Clark,
but don't remember all that was said
did you have conversation before
the $500 check was given relative to
the giving of the check, with Thomas
s. Clark, in the presence of Charles
II. Butler ana Jefferson Ford?"
II do not remember any such con-
versRtion. - ..-
..t-I VIII you say you ulu DOGE
Il will not; l have SO many things
to remember. 4"
Never mind. have your answer. -
Were you not told that they had
$500 and what they needed was $500
more to buy him?"
"No,''
Wasn't this check for Sl75, paid on
October 3lst, 1893, in connection with
the horse I}rooklyn?''
II have no such recollection. -
Did Jefferson l.. Ford tell you be
was part owner of the horse Brooklyn"
He did, and said If the checks were
not otherwise paid he would pay them. -
You say your custom was to send
out notices the day before and the fol
lowing day send out the formal notice
that protest had been made. with the
check attached"
1.-THE custom is to send out ths
formal notice Of protest at 3 o'clock
in the afternoon, after tine bank closed .
Didn't you often go away on the
g. 40 train2"
II went away on that train some.
times one day In a week. There was
one week VIXEN went every day. "
"Where did you GOT"
ITO Philadelphia.
"You were gambliug?"
''No, sir; but Just as bad. l was
with man who was gambling''
Gambling for your"
Yes, sir. I" 1.=.=.
TAT the Lafayette HOtel2'
"No, sir. AT race tracks,"
what time did you get home?'
"On the train due at l. l6 a. M"
In reply to a question from Mr..
Vandegrift the witness said the hors,
was bought because the people in
terested could not win sufficiently or
other peoples horses and thought the,
could do better with a horse Of thei
own.
Mr. Biggs asked Boggs if he woi
money by other kinds of gambling thai
horse racing. The witness said he wen
to place opposite the Hotel Lafayette
but did no go there especially 10 on
gage in gambling.
Mr.. Biggs asked him If he had
gambling house in Wilmington. T.
this MIR. Vandegrift objected. Mr.
Biggs said he wanted to show tina
Boggs lost money in other ways beside
on horse racing. The objection wa
sustained.
Whose money was lost?''
Mr.. Biggs asked.
1.-THE banks money" was the reply
Lost by your
swell, l was on the inside an
handled the money, but did not give th
checks.
Did you not lose money in gamblin
and other ways other than betting o
horse racing9''
Mr.. Vandegrift objected to thi
question, saying it might lead to til
politics of 1894 and on Indefinltely.
The Judge said ne did not see tina
question. This ended Mr. Bigg's crosl
examination of Boggs.
Joseph Mcdaniel of Dover was ne,
called by Mr. Vandegrift. He said
remembered receiving two $50 ohecl
from Clark and presenting one of thel
to the bank. But it was not paid. Nj
VRndegrift asked him what Cashit
Bateman said when the check was prl
scented. Mr.. Biggs objected and tt
objection was sustained. Witness sal
he told Clark, and CLARK said /
was disappointed and advised Ii
witness to take it to the Farme
Bank, saying he would have the none
later. Witness got the money ON bot
checks In this way. This transaction
witness said, was in 1896.
Harry Mcdaniel was questioned col
corning entries in the books Of Il
Adams Express Co. he being the agen
Referring to book, he spoke of a dee
and check received from Easton, pa
In which CLARK was interested, on Jul
18th, 1876. He said he collected II
check, Which was for sim hut he iii