The sun. (Wilmington, Del.) 1897-19??, 1898-05-15

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OF stocks or,other property for speculative
purposes. The transactions with +. 8.
Cuthbert 4 Co., in SO far as they in
volyed the use of these checks were car
ried on in the name of the defendant.
Their respective amounts all appear in
| the account kept by +. B. Cmhber &
Co. with the defendant at their Phila-
deiphia office. One of the main conten-
tons in the case is whether, on the one
land, the defendant in his transactions
with +. b. Cuthbert x Co., in SO far as
! they involved the checks in question,
were transactions carried Oh by him in
whole or in part for his own use, benefit
and advantage, or, on the other hand.
were transactions carried on by him
solely for the Use, benefit and advantage
of William n. Boggs. Another equally
important question for your considera-
ton is whether the defendant at the time
of giving the above mentioned checks Oh
The First National Bank of Dover in
favor of +. B. Cuthbert 4 Co., acted
honestly and in good faith toward that
bank, or on the other hand, knowingly
and wilfullv aided or abetted William n.
Boggs in fraudulentlv abstracting or
misapplving tine funds of the bank to
meet those checks. There is much evil
dence in the case bearing upon these
questions, to a portion of which reference
will be made later. There are. however.
two witnesses who. from their situation.
must have had personal knowledge ON
this subject, and who directly contradict
each other in their testimony One ofthese
witnesses is the defendant, and the other
is William \, Bogps. While the conrt
brings to YOUR attention some of the
testimony, you are instructed that YOU
are not in the least to be controlled bv
ANYTHING which has been or shall be
stated by the court in relation to the evil
eence in this case. While il is nv duty
to call your attention to such portions OF
the evidence as in the Judgment of the
court may aid you in arriving at a lust
verdict, YOU are to give to the testimony
only such weight and effect as Won con-
slider it entitled to.
You should especially look to the in
terest OF anv witness who has testi fed
before youEin this. case has in its re-.
suit, Where witness has a direct ner.
sonal interest in the result Of the case
the termination is strong tocolor nernerr
or withhold the facts
The law nermits tho defendant at bic
own reouest ia testify in his own hnholf
The defendant here has avai]ed himself
Of this rioht His testimony "a hafnro
Won and Won mnst determina how far it
/ is creditahla The deem ners ma, ;n,ars
est which he has in the res,,lt nj this
weipning his evidence and in 1aJarn,;n.
inc how far or to what extpm # ,t ali
IT. u worthy of credit
In CONSIDERING the crpdih;I;tv of ar tba
WEIGHT which van should r;yo 70 tho
TESTIMONY If tho defandan+ wv, Shorld
regard among other thinrs no ;nharont
nr1h,hiIitv ne in,nroh,h;E,tv "a h;s, statn
mantS IL ;ntalli,,a,nn ~. ,,,',, ,'' - .' ",
,all;aunca h;s n,,nor,r,;,;os " tn. y, ,,i
edaH ~ h,s;nos orp '',athnds ,nd ~ n,U .tnt
eyfant Il any, ha hoe, hna' ".,' ~
NV ot bar ev;ienoo ;n tba noso H. ' ~
fendant tast;t;nJ IN eftao, ,hnt j., t,; H Nv
tho above n,ont;onad ahecL S' 80, The E;nnt
National RAM nf nnv rrA p ra,hh mSt
& % he was actino solelv in hohaIf and
f,r ia hanaGt ~ Ws;Ii;n,. p"+"'' ' . di..
he ranosad confidanna IN Nv W VIE, ''1S'
RnoaS that ho mas ind ~ ho,a ana'n f.n, ~
v,r,7ns Sn,roos la VIII M ee p ION
owned and cnnld nn,n'and IL r,,, DU ,ssss
If n,nna,,.t kot h,, ood WIN d..
worn nI91o ,'"rsn,al f,, ,','"'. tL ~. noss
nstancn Of JT;iIon' Pnnn, o o,,.1' "o ''iv
tnr ta honoft anu odrant ssn af u,; HI;o'y
\ Hnuay h., nnnaaod ;' , ,h oi w l.ii"ail
r;tL ip C,,SSht r. i,I''',
t;anod that ha had ran mi' I'ea,y ,neii,
from Wiil;n nonas ' that tha n,tes
womd dnnnlt ir,u 's i5'', .i", t .,e ," nId
;rst Na,innoI PanI. |' VI 49, w. .a''av a. IL.
mn,avs w. ,"aot tha n,halS ' I,i'. '. wv
dnfandnt shnnId r;,, ' j.; ma,nn t .i,e
tran.an.;',nn ,he o - ooiuuI Vtle
na mnnn thaoa ,s,s,,,rann .lo'i h via. 1eiy
Re Cppthhnrt I ~ '' his nv s"fo " H.
nLocl,. ,nan rio E;.It Nv Nv li' ~ iL'at
I,nvnr. AID that ~, did ' ""t IL. pam VI
mil ,hnnt "oa hafa,a ot w." Nv a ayh ,'''t Us
W;Ili.n, n no nuon i, p.oio VIZ 'isn. VI
tha iattar hnd hr n'Jm VI .unPoo' .;'"l
The nonavs Of TDe E;rl, NJ, ;nnn, p, u1i !
nnvar t 9a, " h;a 10 t'".'o'al i'alik VI
IN fa,, ~ PIt DE- y .i' 49, ue'u''lc CHECKS
iron nthnr ,n; w. nol''G ~ " '' Aslue
t IE s n,'v, nt'I h IL VIZ. case IS
hia, i Wtiio ~; ~ ,ne ue,eIoant credl
.In ltann ri ,,i,' 1Ie2 nhoil - lor your
.t,ant;n, 49, '', "th,r' st,", ul'ect your
IN tha o. o',e ti Lt lllciuntu
- INV 'o"'iii'oii VI 'liN utlcnudul. Inc