Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1898-06-30

tho Gnitud States 10 any manner or for
any purpose, and one or mora of such
pRrtios do any act to effect tho object
OF the conspiracy, all the parties to
ouch conspiracy shall ho liable" &c.
Tho words "nny association, as
| uaOtl in section J209 above quoted, ro-
lato TO any national banking association
organized under the laws of tho Unitod
States. Tho First National Bunk Of
D0ysr. in this district, is shown by the
evidence to he. and TO have been Mt tho
time of the alleged commission by the
| defendant OF tho offences specified in
| the indictment, such an association.
Tho indictment against The defendant
as returned TO this court originally in.
cluded dG counts, numbered serially.
A number Of counts have heen aban-
duuGd by the district attorney and arc
not for your consideration. The GountH
thus abandoned are the frat ii counts,
and also the counts numbered II, 20,
49, Al aud A. You will hear in mind
tho numbers of tho counts just men
toned which have been abandoned. in
order TO avoid confusing any Of thom
with other counts in tho indictment.
Tho counts numbered Is, 1G. Is, 10,
81, -, %, ~, y, 20 and q, charge in
substance that the defendant did, with
infant Ia injure and deiraud the First
National Bank of Dover, unlawfully and
ffaudulently aid aud ahnt William N.
lioGgE, who wns the teller, unlawfully
and frnudulently to abstract the moneys,
funds Or credits uf That bank, for tho
uan, houefit Rnd advantage OF the de-
rnnuant, William N. Boggl having the
intent through Huuh abstraction to in
iure and defraud the hank. The counts
numbered from % to 80, both inclusive,
churgo in substance that the defendant
did, with intent to iniure aud defraud
Tho First National Bank OF Dover, viii
fully and fruudulently aid and abet
William ". iioggs, who was the teller,
wifully and frauiienrly "a msappy the
moneys funds or credits OF that bank,
for tho use, benefit aud advantage Of
tho defendant, William n. liogga huv.
ing the intent through such neappli-
, cation to injure and urfraud tho bnnk.
Tho l3tl and Nth counts charge in sUb
gtnnco that .he defendant did unluw.
fully anu frHudulently conspire with
: William N. BuggB unlawfully to ali
Htract the moneys of The First National
Bank OF Dover, for the use, benefit AMI
: advantage OF the defendant. with intent
: on the part OF the defendant aud vii
liam N. boggs TO injurn and defraut
the bank. Tho 18th and 4Gth counts.
!. being the last two counts in the indict
ment, charge in substance, that the de
:, PENDANT did unlawfully and fraudulent.
!. conspire with William N. Roggs un
= lawfully and wilfully TO misaprly thl
:, moneys of the F'irRt National BanG o
Dover, for usa, benefit and advantage
: of tho defendant. with intent on the par
y of tho defendant and William N. Bogg
!, to injurs and defraud the bank.
Il In ordeI to warrant conviction o
y the defendant under all or any Of tn
r. counts numbered 10, lG, IL, 10, q
a %, %, 81, %, 90 aud q all of the es
n santiaI Ingredients nf the offence a
charged therein must have been estab
n liahod to your satisfaction beyond
ii reasonable doubt. Under these count
!. it ia necessary in order 10 find verde
n Of guilty thar you shall lie satisfied tina
d William N. Buggs, who was teller, I'm
/, lawfully ahstraCted, as therein charged
Il moneys, funds or credits of tho Firs
National Bank of Dover. for the use
= benefit and advantage Of the dsfendan
"A and with intent On the part of Willi3t
, N. Boggs to jure and defrAud th
In bank; aud further that the defendant
| with like intent, to injure or defrau
.. tho bank, knowingly and fraudulent
ii aided or abettod William N. Boggs |
"a eifecting such abstraction. In order
a warrant conviction of tho defendaI
nj undor all or any Of the counts nun
oe hered from % TO 30, both inclusive. a
~ of tue essential ingredients of til
In offence. as charged therein, must ha,
n been established to your satisfaction
ITs Under these counts, it is necessary
order TO find q verdict Of guilty, thl
IA you shall be satisfied that William
IA Bnggs, who was teller, unawfully m
ca wifully misapplied. as therein charged
n. moneys, funds or credits of tho Fir
at National Bank of Dover, for the uB
va benefit and advantage of the defendan
d. and with intent on the part Of Villa
nm N. Bnggs to injuro or defraud Il
ia bank; and further that the defendai
n with like intent TO iniure or defraI
he the bank, knowingly and fraudulent
mi aided or Rbetted William N. Boggs
Isl eEocting such wilful misapplicatio
In order 10 warrant conviction of I'll
inf defendant under either the 43d Goul
III or tho 4lth count, all Of the esgenti
no ingredients of the offence as chargt
Mia therein, must have been established
,ae your satisfaction. Under thsse coun
nj. it 10 necessary, 10 order TO find We
rn dict Of guilty that you shall be satiati
liz tnat the defendant mud William
In BoggH unluwfully and frandulently co
IN spiFed together unlawfully to abHtraC
,ht az therein charged, moneys, funds
m credits Of the First National Bnak
an Dover. for tho use, benefit and advar
Ia age of the defendant, and with into
cir 10 injrre or defrnud tho hank; and fu
ther that either tho defendant or W
to liam n. Boggs, or both of them, d
rad some act or acts. al charged, TO etfe
not such unlawful abstraction. In ord
Inv to vibrant conviction of the defen
fho ant under either the 45th count or t
bis 4Gth count, being tho last two cour
vas in tho indictment, all of the ossunti
Jr ingredients of the offence, aa charg
far thorain. must have heen established
the your satisfaction. Undur those Gour
ii it is necessary in order to find a verdi
of guilty that you shall be satisfi
that the defendant and William
Boggs unlawfully and fraudulently CO
lgo spired together unlawfully and Wifu
the 10 misapply, as therein charged, money
funds or credits of the First Nation
let Bank of Dover. for the use benefit a
mas advantage of the defendant, and WI
8 of intent tn iniure and defraud the ban
ted and further that either the dcfenda
Re or William N. Boggs. or both Of the
as did some act or acts, rs charged,
Nay effect such unlawful and wilful misa
as plication.
In case like this the law will 1
tor, permit defendant to be prosecute
as tried or punished for any offence unl
| I'M nd pfr k,a ga