Evening journal., 1898-06-23

order to convict Clark it must be
shown that Clark had intent to injure
and defraud the bank.
Gentlemen OF the jury" he con-
tinued, Il ask you to remember that
this defendant is here on that charge.
1t must be shown that when Clark
gave these checks in 1896, he gave
them to defraud the bank. Take all Of
the witnesses produced here by the
government, who all testified about
checks coming through Cuthbert a
Co. to the First National Bank OF Do
ver. What became Of them there?
They went to Boggs, and Boggs alone.
When we come down to the crucial
test Of this charge it IS only left for
the government to prove that Clark
had intent. That is the question. / do
not want to speak disrespectful Of Mr..
Bateman, but for all he knew what
went on in the bank, he might ais we'll
have been asleep.
'AIr- Richardson, the president Of the
bank, did not know of these transac-
tions, because he said h. would trust
Boggs with more than he would trust
any other man. Boggs ran that bank
Would it be possible for any man who
stole S1O7,O 600 in various ways to keep
in his head all the entries without
keeping it in books? Clark had an ac-
count in that bank, but he, too, had
confidence in Boggs, and who knows
what Boggs did with Clarks money. 1t
may have gone with the other peoples
money.
"There Is Wiliiam N. Boggs, who
has come into this court and testified
to embezzling the funds OF the First
National Bank of Dover. Why was not
judgment passed upon him then? II
it had been, Boggs' mouth would have
been closed, because the law says that
no criminal, after receiving sentence,
can tell his story in open court. Why
has the court seen iit to overlook this
Do you believe that BOggs told the
truth? Why, he couldn't get on the
stand without giving testimony that
r was not asked him. DO you believe that
. Boggs went On that stand without
venom and prejudice? DO you believe
that Boggs could not remember th'
a first day that he robbed the bank
e That should be imprinted on his mem
= ory never to be erased. There ar
S events in mems lives that can neve-
I be forgotten. AR you going to convic
Q man on such testimony
Z "The district attorney said yester
p day that he would act with charity Of
I the witnesses produced, namely, Ken
r ney, Butler and Magee. When
comes to the first two to he tried, an.
d if these men are to get the charit
d which Clark has got, they will be load
3 ed down with charity. Who are 20
e going to believe, Kenney or Boggs i
It this case? Kenney contradicted Bogg
a on every point. Are you going to be
y lieve a man who, by his Ability an
:, integrity, has been given one of tn
= highest offices within the gift Of tn
e American people; man who never ha
S a blot against his good name until tn
}. venomous tongue Of Boggs spok
h against him? Are you going to he
S lieve him or confessed embezzler
b 90 back to the year Of 1896 Has
d been shown that Clark knew Boggs a
a defaulter? No, he was dealing wit
s a respected citizen of the town, 70
g Boggs was a respected citizen.
k GLOW are you going to reconcile tn
l. testimony? The law says you mus
k Are you going to disbeneve the vii
e nesses for the defence and accept thi
q of Boggs?"
Vt "The books Of the bank, the distri'
n attorney says, corroborate the test
s. mony Of Boggs. why? Because BogE
kept the books. The district attorne
n cannot send this man to the peniteI
It tiary on such fiimsy evidence as ha
r been adduced at this trial?"
L Mr.. Biggs then took up the $3.50 drat
n and said that Ozark intended to pay
10 but instead it was paid willingly b
II Boggs.
ID Had Boggs been the honest man
le everyone thought he was. Clark wou
l. not he here to-day answering for
re crime which means not less than fi'
6, or ten years" Court here adjourned.
- nROvE ou1E THE HORSE.