The sun., 1898-06-25
THOMAS S. CLARK IS
CONVICTED ON five COUNTS
Another Bank LOOter Adjudged
Guilty by a Jury OF
His Peers.
LONG TERM OF IMPRISONMENT PROBABLY BEFORE HIN
The Prisoner Taken to New
Castle Jail In a Despon-
dent Mood.
VOLUM|NO|B AND ABLE Charge OF JUDGE BRADFORD
YOLUNNOUS and ABLE CHARGE OF JUDGE BRADFORD

"SECrIoN 52O9 Every president, di-
rector, cashier, teller, clerk, or agent of
any association, no embezzles, abstracts,
or wilfully misapplies any of the moneys,
funds, or credits of the association; or
who, without authority from the direc-
tors, issues or puts in circulation any OF
the notes of the association; or who,
without such authority, issues or puts
forth any certificate Of deposit, draws
any order or bill OF exchange, makes any
acceptance, assigns any note, bond,
draft, bill of exchange, mortgage, judg-
ment, or decree; or who makes any false
entry in any book, report or statement
of the association, with intent, in either
case, to injure or defraud the association
or any other company, body polite or
corporate, or any individual person, or
to deceive any officer of the association,
or any agent appointed to examine the
affairs of any such association; and every
person who with like intent aids or abets
any officer, clerk, or agent in any viola
ton OF this section, shall be deemed
guilty of Il misdemeanor, &c.
The latter section, as amended, is as
follows:
"SEc. $40. Ii two or more persons
conspire either to commit any offense
against the United States, or to defraud
the United States in any manner or for
any purpose, and one or more of such
parties do any act to effect he object OF
the conspiracy, all the parties to such
conspiracy shall be table, &c.
The words, ''any association as used
in section 5209 above quoted, relate to
any national banking association organ
lied under the laws OF the United States.
The First National Bank of Dover, in
this District, is shown by the evidence
to be, and to have been at the time of the
alleged commission by the defendant OF
the offenses specified in the indictment,
such an association. The indictment
against the defendant as returned to this
court originally included forty-six counts,
numbered serially. A number OF counts
have been abandoned by the District
Attorney and are not for your considera
ton. The counts thus abandoned are
the first fourteen counts, and also the
counts numbered seventeen, twenty,
forty, foty.one and iorty-two. You vii!
bear in mind the numbers of the count!
lust mentioned which have been aban-
doned, il. order to avoid confusing any
OF them with otller counts III the indict-
ment. repeat to aid your recollection
and prevent any misunderstanding on
your part, that the counts which you are
not to consider are the first fourteen
counts and the counts numbered seven
teen, twenty, forty, forty-one and forty.
two All the remaining counts in the
Indictment are for your consideration in
connection with the evidence applicable
to them, and embrace all the issues which
are for your determination.
The counts number fifteen, sixteen,
eighteen, nineteen, twenty-one, twenty.
two, twenty-thrce, lwenty.four, twenty
| five, twenty.siN and twenty-seven,
charge in substance that the defendant
did, with intent to injnre and deirand
the First Matt nal Bank of Dover, unlaw.
fully and flauduIenlly aid and abet vii.
liam n. Boggs, who was the teller, un.
lawfully and fruuGulently to abstract the
moneys, funds or credits OF that bank,
for the Use, hneii, and advantage Of the
defendant, William \. Boggs having the
intent through such aDsl rattiOn to injure
and defraud. The counts numbered
from twenty-eight to thirty nine both
inclusive, charge in substance that the
defendant did, with intent t. injure and
defraud the First National iBank OF
Dover, wilfully and fraudulent!y aid and
abet William n. Boggs, who was the
teller, wilfully and frandulentIy to mis-.
apply the moneys, funds or credits OF
that bank, for the use, benefit ard ad.
vantage OF the defendant, William n.
Boggs having the intent through such
misapplication to injure and defrand the
bank. The forty-third and forty-fourth
counts charge in substance that the de.
fendant did unlawfully and fr;ludulently
conspire with William N. Boggs unlaw-
fully to abstract the moneys OF The First
National Bank OF Dover, for the use,
benefit and advantage of the defendant,
with intent on the part Of tn. defendant
and William n. Boggs ~ injure and de-
fraud the bank. The frty.fifth and
forty.sixth counts, being the last two
counts in the Indictment, charge in sub.
stance, that the defendant did unla wfully
and fraudulently conspile with William
N. Boggs unlawfully and wiliully to
misapply the moneys of The First
National Bank of Dover, for use, bene-
fit and advantage vi the defend
ant, with intent on the ptrt OF the de-
fendant and William N. Bosys to injure
and defraud the bank. l., order to war;
rant conviction OF the def 'i.daDt under
all or any of the counts numbered fifteen.
sixteen, eighteen, nineteen, n'y-on-.
TWENTY-FIVE, tWenty-thre', tWenty-fuur,