The sun., 1898-06-24
CHARGE TO
the JURY
In Thomas s. Clark Case to BE
Delivered By Judge Bradford
This Morning.
CLOSING OF A FAMOUS TRIAL
Defendant Will Know His Fate
In a Short Time.
THE ARGUMENT OF COUNSEL
to the Jury---The Brilliant Clos
ing Address of fUnited States
Attorney Lewis G.
Vanllegrift.
THE ARGUMENT OF COUNSEL

! At II O'Clock this morning Judge
Bradford, of the United States District
Court, will charge the jury in the case of
Thomas S. Clark, who is charged with
aiding and abetting William n. Boggs in
the looting of the First National Bank of
Dover
All OF yesterday was consumed in the
argument of counsel, United States Dis
trict Attorney Lewis c. Vandegrift fin
ishing his opening address to the jury
in the morning.
John Biggs, Esq, counsel for the de-
fence, then presented his argument to
the court and jury, and concluded at the
afternoon session.
Mr.. Vandegrift concluded the case for
the government, he taking up the re-
mainder of the afternoon in the closing
argument.
The interest in the famous case is un-
abated and the Federal Court room was
taxed to its utmost capacity.
The arguments of the counsel on both
sides were mastery pieces of rhetoric
and legal acumen, and in the closing ad-
dress for the government Mr.. Nande-
grift, if possible, surpassed himself, and
the opinion of the lawyers present was
that it was one of the most brilliant ad-
dresses ever delivered to jury in the
State of Delaware.
MORNING SESSION.
Yesterday morning MIR. Nandegrift re-
sumed his opening address to the jury.
He called the attention of the jury to
the small bond OF. $3.50, which was signed
by Thomas S. Clark. Mr. Nandegriit
held that Clark's excuse for signing the
boAd that Boggs had asked him to do so
was not Il reasonable excuse. He held
that although it was alleged that the
bond represented Charles II. Buffers
checks, 1t evidently was an obligation OF
Clark's
He called attention to the two slips for
5000 showing a deposit OF December llth,
1893, and said by referring to the bank
books Boggs' statement regarding the
transaction would be borne out. He
claimed that all of Boggs' testimony
was borne out by documentary evidence
and asked the jury to consider such evil
dence.
lie also spoke OF the horse Brooklyn,
reviewing the testimony concerning it.
Relative to the telegram of May 10th,
1896, which was SO much in evidence
yesterday, he said he never heard of it
until it was produced by the defence.
Neither had he heard of the Dover
banks connection with the First
National Bank of Dover, but claimed
that the telegram was not followed up
by the defence, and what was brought
out in connection with it was not inCun-
sistept with the evidence which had
been adduced by the prosecution.
Relative to the draft on Cuthbert 4
Go. for $3.50, he said the officers of the
bank hal testified that Clark had no
credit there and he could not have over
drawn his account there, except by an
with Boggs, unknown to
the bank officers.
The telegram relating to the draft, he
continued, confirmed what Boggs had
said about protesting the second check
in part. Butler and Clark said Boggs
went tC Cmrk's office and told them to
hold on to the Bay State Gas stocks, that
it would 60 to 80, but Mr.. Vandegrift
said the protest did not look as if Boggs
had given any such advice. /
The testimony Of Buggs relatiye to the ,
.wo $3.50 Cnlhbert 4 Co. checks was re-
viewed and the jury was asked to 60 .
,ver CI;frk's balances at v"rious times .
specified in the First National Bank OF
Dover, placing particular stress upon
ne periods when checks were given
y hiie the books showed all overuralt. ,
This, he held could only have been
made possible by an arrangement wiGn
in the bank, and he claimed
hat such evidence showed conclusiveIy
Jlars's guilt.
ADDRESS OF MIR. BIGG>.
At the conclusion of Mr. NandegrE $
address,, Mr.. Biggs, counsel for the de-
endant, began ms argument to the jury.
In opening, Mr.. Biggs said the district
lttorney had not referred to conspiracy
md there had been no evidence to show
hat there was any conspiracy.
He read Il portion Of the section OF the
Jnited States Revised Statutes bearing
III the subject, and said that in order to
onvict his client it wonld be necessary
or the jury to he convinced that when
he checks were given in May, 1876,
which had been referred to, he had the
ntent to defraud the bank. /
He said it was not denied that the
'ecks were given on E. b. Cuthbert Il t
%. and the checks went to the Dover
,ank, but when they reached there the
esposibility was with William N. I
'oggs. /
The crucial test showed that the evil
encc of William N. iBoggs must be alone
eled upon. The documentary evidence, Z
Q held. only corroborated William n. {
oggs in an immaterial respect, but did .