The sun., 1898-06-22

Ing aided and abetted William N. BOgg
to abstract certain funds OF the FRS
National Bank of Dover, by giving two
checks for $3.50 to Il. B. Cuthbert 4 Co.,
dated May Sth and 18th, 1896, respec
lively. Please state in your own way
what you have to say about the alleged
checks"
Mr.. Vandegrift objected. Before rul.
ing on the objection the court consulted
the law on the subject. The court over
ruled the objection. Clark signifyinp
his desire to testify.
Clark testified to buying 100 shares Of
Bay S.ate Gas at the time specified and
during the week he bought 200 more
shares, making 800 shares bought and
200 sold. Two checks for $3.50 were
given.
When the first check came in he said
Boggs told him the check was there and
there were no funds to meet it. Boggs,
he alleged, told him he would pay both
checks if the account should be trans
ferred to him, the second check not hav-
ing been honored.
He transferred the stock to Boggs,
who, on the following day gave him the
two checks, with bue marks across
them. In reply to Mr.. Biggs, he said
there was no understanding that any
profit was TO 60 to him. Witness ex-
amined telegram, which he said he re.
ceived from the First National Bank oi
Dover.
Mr.. Vandegrift objected to the tele.
gram, not knowing who gave it to Clark
Or what bearing it had on the case.
Mr.. Biggs said it was part of the trans
action and was given to him by the
First National Bank. The objection was
sustained.
! In reply to another question, Clark
said he got it from W. N. Boggs of the
First National Bank and it Was in con-
nection with draft which he had given
to pay the ii. st check.
Mr.. Nandegrift asked witness whether
the draft was given to the First National
Bank.
Mr.. Vandegrift objected, saying that
as the draft was said to be protested the
best evidence would be the draft itself
Witness said, however, that he could
not find the draft.
The court sustained Mr.. Nandegrifl's
objection to the telegram.
In reply to question by Mr.. Biggs,
witness said the draft in payment for the
first check, which was either in favor
of the First National Bank or W. n.
Boggs, came back either protested or not
paid.
In regard to the two checks for $50
given to Joseph Mcdaniel, witness said
he paid boil of the checks. Concerning
the Harry Mcdaniel cheek, he said lie
had purchased land in Easton, Pa. A
deed came BY Adams Express and he
paid the check for 500, which had been
ordered collected c. o. ID.
In regard to the $1,000 bond witness
said that he had borrowed money from
Boggs and owed him money, having
borrowed it in 1893 and 1894. He al
legged that Boggs had placed the claims
in the hands OF Senator Kcnney for col
lection and he and Boggs had agreed cn
an amount and the $1,000 bond was
given. He alleged that $1,000 repre-
sentcd 4 gambling or speculating debt
and $500 or S40O was interest. Senator
kenney and Arley B. Magee had been
to see witness about the matter.
Concerning the check for S265 he said
Boggs alleged that c. II. Butler owed
him that amount and he had consented
to 90 oon the bond, which had been pre-
pared beforehand.
lie said he never conversed with
Boggs about the shortage; never adj
vlsed Him to run away; never said any
thing about taking care of his family;
never told him he was wonder after he
had escaped detection by the bank ex-
aminer, and did not know that he was
short in his accounts until after he had |
gone.
In the cross-eXamination Clark said he
last saw Boggs before he left at the
depot, and shook hands with him. Con-
corning the $1,000 bond he said 81 800
represented what he had borrowed, ST..
900 gambling debt and between $500 or
S4OO interest.
He had borrowed some Of the money
by giving checks, Boggs promising to
take care of them. He did not borrow
any money to pay the Cuthbert check,
when he gave the first check for $3.50 he
lid not know what he had IN the bank,
but expected to have money there to
meet it.
On December 9Th, 1893 he paid
check for $500, giving cash. As Il rule
he handed his funds " Boggs.
Dir. Nandegrilt asked the witness how
much Ut the ueut was incurred in 1895
and 1896.
WELL" asked the witness "do YOU
mean the gambling debtY'
Whatever you want to call it," Mr..
|andegrift replied.
"WeIl,' the witness replied, "Bcggs
always kept the ACCOUNTS In reply To
'tiier QUESTIONS, lie said Boggs kept a
ltte book for the purpose.
Witness said he signed the Butler bond
Is surety on Boggs' statement that But
.r oweu $265.
Mr.. Vanuegrift asked when witness
md Boggs begAn to pay poker.
In 1885," replied the witness. II re-
member the first time Boggs Vas in u ,
an,e with me-" He could not fix the
l:le. Witness did not recO lect going tu
'uggs' house relative to the c.allh in ;
hands. lie recollected giving ,
lrs. Addle Z. Hevern check for $2UO 6
oout December 5th lSa3, and len,em. ,
cred paying it.
Mr.. Disys asked permission to offer {
Il evidence tile record Ut the charges q
hi indictnt nts asalnst Il. I. Cooper,
'n;tm keunry, }. X. Mctinlgal, n
larry +. Ford, Amos Col., }. Frank /
liiee, Charles IL. Butler ana William +