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

lpuuh ulu Dub nnOW tuHV Jnb cHbCkb |
in tho letters had been
charged to Clark's account. lhe let
ters and books we're offered in evidence.
Il. II. Ross was recalled, and testified |
that the foreign check bouk of the
Farmers Bank showed that the follow
ing chccke given by CLARK had been
sent to TIE First National Bank, but
the ledger OF tho latter did not show
that they had been charged TO Clark's
oGcount October 18th, 1879, 500; Oc-
toher 3lst, 1888, Sl75; November, 18th,
1893, 800; Decembet 9TH, 1893 $500;
Decamher 18th, 1881, 5l07. 10; june 23d,
1894, $3.50; july 9Th, 1894, SJO Fchru
airy 18th, 1896, $50; May 18th, 1896,
$3.50; May 10Th. 1896, $3.50; November
3Oth, 1896. $50. Mr.. Ross stated that,
il tbBse checks had been properly
charged up, Clark's overdratt on thR
First National Bank would havo
amounted 10 81, 7i7 -.
After u long wait, during which Mr..
Ross and others examined various bank
books. Mr.. Bateman was recalled, AMI
testified that the exchange book of the
Firat National Bunk crsuitch the
Farmers Bank with tho following
amounts: 0ctoher 18th, 1897, q. Gas. 81;
October Blat, 1893, Sl,42G. 81; Noyem
her 18th, 1893, 50, OGi Sd; December 9th,
1879. Sl.3i5.50; December 18th, 1881,
81, 73i. IL; June BID, 1894, 81, Cos. IS;
February 18th, lsnG, -, 9ld. "a; May
llth, lS0G, $50. ~; May 18th, 1896,
81, 3JO. 81; November 10th. 1886,
s., 3iG "a. Mr.. Bateman said no made
all the entries except the Inst one,
which was in William N. Bogga' hand
writing.
William n BoHgs was recalled, and
stated that be maize the last entry
This government rested at II, 10
O'clock Monday afternoon.
lu opening for the defence. John
Biggs quoted sections 300 and 5, il0,
Revised Statutes OF the United States,
with which Clark is charged with rio
latinR, and section l,0ii, relating 10
the siatuts uf limitation. lie explained
that - counts had boon stricken from
| the Indictment, ana that the remaining
p counts referred 10 II checks, Of
which seven wore given in 1873 anil
1894, which, he claimed, were dcharrad
by the statute OF limitation, ana four,
two for 500 each anu two for $50 each.
were given in 1896. Mr.. Rigga stated
that he would show that the defendant
huught Bay State Gas stock in 1886 as
u great many people Mt Dover were buy
ing at that time; that when Clark gave
the first check for $3.50 aud ordered 100
shares of stock .here was some rise 10
tho stock ana he drafted upon u. b.
Cuthbert IL Co. to take up tho first
check. drafting on Philadelphia instead
OF New York, and the draft came hack I;
that day or two later the second check
for $3.50 came back; that the defendant
found out that he was unable to meet
the checks and told BUggs to protect ii
aud send il back; that lioggs said
the stock was good thing, and Clark
told Boggs he could hava it ami
transferred to Boggs the 100 shares
with the understanding that Boggs
would return the checks, which was
done; that the defendant paid the other
checks with his own money; that the
bonds were loaned hy Clark to Hogge
as an individual and not as a bank off
GER; that the largest part of the bombs
was gambling dsbt which Clark owed
Boggs as tho result Of playing poker
with him, and that Clark did not know
that Boggs was defaulter until after
Boggs had gone away and experts had
examined the bank hooks.
United STATES Senator Richard r.
kenney was the first witness calsd by
the defence. lie identified the bonds,
and testified that he saw Clark sign
them, on which ocuasion Boggs was
present. year previoua, he said,
Hoggs told him that Clark was in.
debteh to him, and he would like to gel
: settlnment. The Witness, ut Boggs
! solicitation, frequently cav Clark. and
subsequently, Boggs suggested that set.
Element be effected with bonds. At first
CLARK said he would not give bonds,
but finally no agreed to do so CLARK
protested regarding the amount saying
J that he did not think he owed tina,
fnuch. He added that the debt wac fol
gambling, and he could not he com
PEELED to pay it, hut no never repudi
, ated debt. The witness stated thai
he understood Clark was not TO ht
| pressed if be could not pay the bond.
{ in the time agreed unon. On crOss-ex
l animation, Senator Kenney said Boggi
/ might have mentioned the Indebtedness
t to him in the winter of 1885, but as
serted that Boggs did moi then nut i
{ IN his hands for collection.
r Mr.. Vandegrilt-." Ibid Boggs confel
g.: with you on the first Sunday in Octo
r her, 1892
+; Senator Kenney-" No; never on an.
, Sunday
e Mr.. Vandegrift--" Did he not say tn
Q Indebtedness was represented b,
checka?''
9 Senator Konney-"Nevor, sir, posi-
= lively
o Mr.. Vandegrift--" Did he not, in th
n fall OF 1885. make known to you tina
o he was in default to tho hank, tina
If Clark was indebted to him and tina
: that indebtedness represented the dc
0 fault?r
Mr.. Riggs objected.
d Ponding Judge Iiradford's deoisio
= MS TO whether or not the question wa
k admissible the court took a recess.
:. When the trial was resumed Dis
d trict Attorney Eandogrift Withdrew th
IS question he had asked Senator Kenne
= Just brfurB recess and TO which job
Biggs had objected Ibid not Williar
e N. Boggs, in the fall of 1862 max
10 known to you that he was in default I
II the First National Bank, Dover, tina
Clark was indebted to him and tina
Clark's Indebtedness represented tn
IS default?''
J. Continuing, Senator Kenney testifie
g that Clark told him that part of tn
}. bonds given to Dogga was gamblin
debts, but Clark did not say how much
D The witness thought there was q del
prior TO October, 1895, hut did nc
ID know whether it was represented b
10 checks. lie added that he did nj
ie know that Clark had an overdraft, hu
a supposed Clark's checks were hein
paid out of CIark's account.
ID Mr.. Vandegrift-"Th conversatio
10 which you said did not take place b.