The sun., 1898-12-17
MINGTON. DELAWARE, SATURDAY, DECEMBER IL, l898

and that the counts in consolidated in
dictment, part 2, which remain open fol
your consideration, are counts numbered
one and Eve.
These counts are before you in connec
tion with the evidence applicable to
them, and em race all the issues which
are for your determination. The counts
in consolidated indictment, part l, mum.
bered ten, eleven, twelve and thirteen,
charge in substance that the defendant
did, with intent to injure and defraud
The First National Bank of Dover, will.
fully, unlawfulIy and fraudulently aid
and abet William N. Boggs, who was the
teller, wilfully, unlawfully and fraudu.
lently to misapply the moneys OF that
bank for the use, benefit and advantage
Of the said William N. Boggs, he, vii.
liam N. Boggs, having the intent
through such misapplication to injure
and defrapd the bank. The remaining
counts in consolidated indictment, part
l, namely, counts numbered seventeen
and eighteen, charge in substance that
the defendant did, with intent to injure
and defraud The First National Bank oil
Dover, wilfully, unlawfully and fraudu-
lently aid and abet William N. Boggs,
who was teller, wilfully, unlawfully and
fraudulently to misapply the moneys OF
that bank, for the use, benefit and ad-
vantage Of the defendant, he, William
N. Boggs, having the intent through
such misapplication to iDjure and de-
fraud the bank.
In order to warrant conviction of the
defendant under all or any of the counts
in consolidated indictment, part l, num-
bered Ten, eleven, twelve and thirteen,
all of the essential Ingredients Of the Of
tense as charged therein must have been
established to your satisfaction beyond a
reasonable doubt.
Under these counts it is necessary, in
order to find a verdict of guilty, that
you shall be satisfied that William N.
Boggs, who was teller, wilfully unlaw.
fully and fraudulently misapplied. as
therein charged, moneys of The First
National Bank of Dover for the use,
benefit and advantage Of the said Will
liam N. Boggs, and with intent on the
part of William N. Boggs to injure or de-
fraud the bank; and further, that the
defendant with like intent to injure or
defraud the bank, wilfully, unlawfully
and fraudulently aided or abetted Will
liam N. Boggs, as such teller, in effecting
such wilful misapplication.
In order to warrant a conviction of the
defendant under either count in consoli-
dated Indictment, part l, numbered
seventeen or count numbered eighteen,
all Of the essential ingredients of the Of
tense, as charged therein, must have
been established to your satisfaction.
Under these counts it is necessary, in or
der to find a verdict Of guilty, that you
shall be satisfied that William N. Beggs,
who was teller, wilfully, unlawtully and
fraudulently misapplied, as therein
charged, moneys Of The First National
Bank of Dover, for the use, benefit and
advantage of the defendant, with intent
on the part of William N. Boggs to in
jure or defraud the bank; and further,
that the defendant with like intent to
injure or defraud the bank wilfully, un.
lawfully and fraudulently aided or
abetted William N. Boggs in effecting
such wilful misapplication.
The first count of consolidated indict-
ment, part 2, charges in substance, that
the defendant and William N. Boggs did,
with intent on their part, to injure and
defraud The First National Bank of
Dover, unlawfully and fraudulently con-
spire together that William N. Boggs
should unlawfully embezzle the moneys
of that bank for the use, benefit anu ad-
vantage Of William N. Boggs with intent
to injure and defraud the bank. The
fifth count of consolidated Indictment,
part 2, charges in substance that the de-
fend&nt and William N. Boggs did, with
intent on their part, to injure and de-
fraud The First National Bank of Dover,
and fraudulently conspire
together that William N. Boggs should
and Wilfully misapply the
OF that bank for the use, benefit |
and advantage OF William N. Boggs with |
intent to injure and defraud the bank.
In order to warrant conviction OF the
defendant under either OF the two counts
last mentioned all of the essential ingre-
dents of the ofense, as charged therein,
must have been established to your salts
faction beyond reasonable doubt
Under the first of these two counts it is
necessary in order to find verdict of
guilty that you shall be satisfied that the
defendant and William N. Boggs did,
with intent on their part to injlre and
1efraud The First National Bank Of
Dover. unlawfully and fraudulently con.
,pire together that William N. Boggs
should unlawfully embezzle, as therein
charged, moneys of that bank for the
lse, benefit and advantage Of William
Y. Boggs with intent to injure and de-
raud the bank; and further, that either
he defendadt or William N. Boggs, or
10th of them, did some act or acts, as
harged, to effect such embezzlement.
Under the latter of these two counts,
lamely, count numbered of consoli.
lated indictment, part 2, it is necessary,
n order 70 find verdict of guilty, that ,
'ou shall be satisfied that the defendant ]
nd William N. Boggs did, with intent
N their part to injure or defraud The j
first National Bank Of DoYer, unlawful ,
y and fraudulently conspire together /
hat William N. Boggs should unlaw- /
llly and wilfully misapply, as therein t
harged, moneys of that bank for the |
&c, benefit and advantage of William
T. Boggs, with intent to injure or de-
aud the bank; and further that either
he defendant or William N. Boggs, or