The sun., 1898-06-25

paid February II, 1886. and November
~, 1896, respectively; and that such
fraudulent and irregular payments we're
made without the knowledge ot the
other officials oi The First National Bank
Of Dover. T. Edward Ross. the expert
accountant, referring 10 the books OF the
Farmers Bank 81 Dover and OF The First
National Bank Of Dover, testified tu the
effect that on October IL. 1898, cheek
oi the defendant for sDb, drawn on The
First National Bank III Dover. vas sent
by the Farmers Bank at Dnser 10 the
former bank for collection. and that this
check was nUt charged in the defendant :
account in the individual leGg,r of TIE
First National Bank oi Dover a. that
date. Similar testimony was tiy.n by
this witness as to cheek OF the de end
ant for Sl1:J, drawn OH The First y at oDal
Bank Of Dover, and sent there for co lee
ton October 81. le1rj; also a. tOa check
Of tie defendant Tor 80. drawn on The
First National Bark Of Dover and SEN
there for collection November II, 1895;
also az 10 check al the defendant for
s2D drawn on The First National Bank
Of Dover, and sent there for collection
December ,. 1855; also az 10 a cheek Of
the defendant for sl95. 10 drawn on The
First National Bank Of Dover, and scot
there for collection Uecember II. lcA3;
also a. to check oi the defendant for
$3.50. drawn on The First National Bank
Of Dover, and sent there Tor collection
June 23. 1884; also a: TO check of the
defendant for 80, drawn on The First
National Bank of Dover and sent
there for collection July ). 1874;
also az 10 a check oi the defendant Tor
so, drawn on Tie First National Bank
Of Dover. and sent there for collection
February II, 1896; alsD ar to a check of
the defendant for $50, drawn on The
First National Bank Of Dover, and sent
there for collection May II, 1896; also az
10 a check Of the defendant for $50.
drawn on The First National Bank pf
Dover, and sent there for collection May
-, lsJj: also a. TO check the defend
ant for so drawn on The First National
Bank OF Dover and sent there for coIiec.
ton November 30, 1896. Ezekiel Cooper,
an officer Of the Farmers Bank at Dover,
referring to the books Oi that bank. tcs
titled 10 the effect that all 81 the above
enumerated checks u the defendant with
the exception oi the $50 check dated
May j.. 1895. sent by the Farmers Bank
at Dover to The First National Bank of
Dover, had been paid. Walter Morris.
cashier II the Farmers Bank at Dover.
testified To- the effect that the above eX-
cepted check Of the defendan, for $50
dated May -, 1896, drawn on Ine First
National Bank Oi Dover, and sent there
for collection, wa pad by the latter
bank. There il no evidence in he case
showing that any one pf the above men
toned checks Of the defendant bDginning
with the check ipr 500 paid out If the
funds Of The Fir-t National Bank Of
Dover October i, 1898, and ending with
the check for 80 paid out Of the funds oi
the same bank November 20, 1896. wa
ever charged against the defendant on
the books Of The First National Bank Of
Dover 1t appears from the individual
ledger Of The First Natl, nal Bank Oi
Dover, az testified to by T. Ed ward Ross,
that lhc condition Of the DEF ei:ndant's : ac-
count in til" bank at the time the checks
above enumerated were paid, vas as fol-
lows:
On October H. 1888, the day Ui the
payment OF the check iDr $500, the de-
icndant had Overdrawn hi. account
SIG. =; on October 81, 1896. the day of
the payment OF the check for Sl1j, the
dcicndan. had to his credit s. G3; on
November Il, 1885, the day oi the pay
ncnt OF the check iJr So, the defendant
had to his credit $3IG;i; on December ),
1888, the day Of the payment Of the
check for 500, the defendant had TO his
credit S1.S3; on December II, 1898, the
day Of the payment Of the check ior
Sloj, -, the defendant had to his credit
SlT7o; on June %, 1894, the day OF the
payment Oi the check for $40, the de-
frndant had oycrdrawn his account
1896; on July }, 1894, the day VI the
payment Of the check for so, the de-
iendant had to his credit II; on February
II, 1896, the day Of the payment OF the
check for $50, the defendant had to his
credit Slj.G9: on May II 1896, the day
Of the payment Of the check for $3.50,
the defendant had to his credit n; on
May -, 1896, the day OF the payment Of
the other check for $3.50, the defendant
bad to his credit ,4G; and on November
~, 1886, the day Of the payment Of the
CIh'Ck iD1 N'tj llIt utltHudDt lIal 10 ms
credit %. The court has already charged
you that You cannot find the defendant
guilty OF aiding or abettng William \.
Bo1gs IN causing any abstraction or mis-
application OF the moneys, funds or
credits OF The First National Bank of
Dover by means OF any checks drawn by
the defendant upon the bank and paid
by it prior to April %, 1898; and further
that You cannot find him guilty OF any
conspiracy with William y. Buggs to
effect any abstraction or wiliul mis-
application Of the moneys, funds or
credits Of the bank by means Of
snch checks drawn and paid prior to
April %, 1880 A verdict Of guilty can
not bc rendered against the defendant
on any other ground than that the de-
fcndant violated the law, as hereinafter
laid down, through his connection with
the check for $50, alleged tL have been
paid by The First National Bank Of
Dover, February II, 1896, the check for
$50, dated May $, 1896, and alleged to
have been paid ont Of tie funds Of that
bank May /, lS9G, the check for $3.50,
dated May Is, 1896, and alleged to have
been paid out Of the funds OF that bank
May ~, 1896, and the check for $50, al
legged to have been paid out Of the funds
rI that bank November 80, lS0G, or some
one or more Of those four checks. This
i! to be distinctly borne in mind. The
court, however, has allowed the intro.
ilurt ion ,I -, itI,nr, ,tst.pi it,,r :, n,,I,