The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1898-06-15
CLARK'S TRIAL
ISINTERESTING
John Biggs Has Started His
CrOss-fire and Clever
h., Legal Fighting !


red ink aud tho name of William n BlnGs
substituted What does that mHan?' 1T
means that the account was transferred to
William N. Boggs" -.
You know that it was done?' Eyes. "
"And when it was doncS" Yes"
"When?' ''About May 90 1896"
Mr. Page then identified letter book
in which was copy of a letter informing
the New York office that the transfer had
been made.
The cross-examination was conducted
bv Mr.. Blggs on the liUe of showing that
Clark had been operating for Boggs He
asked:
You were the manager of the Phila-
delphia branch forE B. Cuthbcrt e. Corr
ayes"
You have testified that on May II you
gavc icrcipt for $3.50 to Thomas ).
Clarke "I5 was mailed to him."
THAT amount was paid. you have
stated. for margins on stock?" Yes"
What kind Of stock" bay State Gas
stock"
''The two checks of which you spoke
were to ray for Bay State Gas stock?"
''Nne hundred shares at $50 a share. y
H'On May l4th. 1895, you testify that
second receipt was mailed to Clark for
$3.50 That was for fifty shares more at
he same price. These two transactions,
rcpr.sen eli the purchase by Thomas 5.
Clark of 1G0 shares Of Bay State Gas stock
at 80 share, for which Clark gave you
two checks of $3.50 each, did they no?'
"Yes"
THAT purchase was made in the name
of C!ark?" Yes
"You nave stated that subsequently y the
Na:in of CLARK was stricken from he BOOKS
md the nnme of William y. Roggs sui
iiucl When?" "On or about May ~,
1896"
"Why?" cat the request of Clark"
"Your letter to the New YORK ounce
stn,es that Bopgs agreed to this tran'ler
/ also encloses q letter from Boggs and
one from Clark" Yes"
THE checks were paid?" yes"
You do not know by whom they were
paid?" NO"
IAN thai you know is that 100 shares
Bay State Gas stock We're transferred 10
William N. Boggs?" That is right
after that they. were the property OF
"They remained his poporty?" Until
Sold
Were they sold or wiped out'" II can
not tel"
"Thcre is nothing to show that they
ever went hack to Clarke" 'No.'
"When these checks were given TO you
they were deposited in the Philadelphia
National Bank, and that Is all that you
know about th2m?' Yes. y
"Ali that you know about the stock Is
that it was tran fcrred to BosSs and re-,
mninel his D: operly until disposed off"
"Tnat is right
Mr. VANDERBILT: "Ycu got 500 On thes SO
two checks which you deposited?' yes.
MORE CHECK TRACING.
Samuel P, Barre who said that he had
Ia hn nd nj Ma
tional Bank, was the next witDes' called.
He iden inci tho bank deposit book of Il.
B Cuthbert & Co. He also identified
letter from the Philadelphia National
Bank to the Farmers Bank of Dover, en-
closing tie check of Clark for collection,
as having Leon written by him. Ths let
tey was wri ten on May 9, 1896 He also
testified that tho letter wal written in tho
regular course Of business
Mr. V1ndegrift offered in evidence the
s. ock ledger of the First National Bank of
Dover to show who were the stockholders
No objection was offered to the book and
it was allowed to 20 in.
Irving ID. Boggs was the next witness
called. Mr. Vandegrft asked the usual
questions concerning the occupation Of the
witness, and brought out that he was tho
present teller OF the First National Bank
Of Dovor. and was clork at the time that
Inc CneCR aIlcBeu W huFo poel uruWu ny
Clark was dated. He was given the ind.
vidual ledger Of the bank. This is the
book over which there was so much con-
trovcrsy in the Cooper case, and which
was finally admitted in evidence in that
case. Mr.. Vardegrift asked:
"rhis book was kept in the regular
course of businoss?' Yes
"What WINS tho bolanco of Thomas S.
Clark on May II, 1882 ''Scventy'ono
cents"
what was it prior to that da'e?' "lt
was II cents from April 80" ..
"What was it ut other times?" "After
May IS to May % it was 46 cents"
Ought that book to show the payment
of any check?" YES"
Does it show any $3.50 transaction with
Thomas S Clark from May 1 to any sub
scaucnt timef" Not until July l. 1895,
when there is one deposit of $3.50 and one
of $a325 There is a charge of S33 p also
and twelve checks were paid aggI egating
$l9S 9a"
Mr.. Vandcg,ift had the witness turn to
the books of lhe farmers Bank and also
tho bjoks of the First National Bank of
Dover and asked him ii there was any
record on tho books of the First National
Bank Of tha: check drawn from Ciark's
account The witness said thero was not
The witness do cribcd the method Of tho
two banks paying each others checks and
giving credit.
Mr. Vandcgrift-"Ought that check to
have appeared in Clark's account on the
individual ledger" EYES,
"Why did you not charge it?' did not
get it"
Who gave checks to you to enter?'
"The teller"
who was tpllcr9' william N. Bor gs."
Mr. Biggs-"From the heexamination just
made can You say that the check of $3.50
is or is not included in the transaction OF
S40u which was deposited later" Il can.
not say
District 'orney Vandegrift wanted to
offer tho book known as tho individual
ledger in evidence, but Mr.. Bigas objected
on the lire that the ground laid for its iu-
t,oduc ion was not sufficient.
The court sustained tho objection and
then Mr.. Nundegriit asked:
"Who kept that ledgcrY' II did"
''Were the entries made In tho regular
course of business" 'Ees." |
IAN entries made by you were made
con cmporancous with the events which
they repreienl?' Yes
Mr.. Biggs-"Was that book regularly |
and fairly kcpt?' 80 far as was con-
Cerned
Mr. Biggs claimed that it had been
shown that $lO70 900 had been taken from
The bank and t!iat THIS DOOk was not regu-
larly and fairly kept. The court ruled
that The ground for the Introduction OF
the book had not been properly laid and
until it was tho book could not DO offered !
In evidence, Mr.. Biygs asked thas tho
testimony be ruled out for tho reason that
testimony could not be given from books
which were not admitted in evidence.
The court said that if the ground for ad-
hitting tho book was not laid later that
the evidence would Of course DO ruled out.
WILLIAM DOGGS CALLED
In order to lay the ground for admitting
Ihc book in evidence Mr.. NanGegriit cAllod
William n. Boggs. He did not got to te5.
.ify, however, on account Of the court HG.
ourning until to-day Mr. Vandegrlft
iskod:
"You were teller Of tho First National
Bank Of Dover until what timer Until
Nav 30, 1S97.'
GLOW long?' "From November, 1891"
You have pleaded guilty to ombezzling
tlO7,0 Of the funds Of the First National
Bank of DoverY" II have"
THAT abstraction was accomplished |
ahilo you were the teller. Of that banky'
"IeS."
Mr.. Vundegrift asked Boggs to state
Clark's connection with the transaction,
Jut Mr. BiGes objected on tho ground that
Mr.. Nnndealtt should only ask witness
questions concerning matters charged in
Ia /, lirtn;rnt Nr Nnndeyrift rinimol |