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

through such abstraction to injure or de
fraud the bank. The counts numbers
from twenty.eight to thirty-nine, bot
inclusive, i'll substance charge that tn
defendant did, with intent to iniur
and defraud The First Nationa
Bank of Dover, aid and abet William n
Boggs, who was teller. wilfnlly t,
misapply the moneys, funds or credit
OF that bank for the use, benefit anc
advantage of the defendant, William y
Boggs having the intent through sucl
nlsappllcation to injure and defraud the
oank. The fortythird and forty-fourtl
counts in substance charge that the de-
tendant did nnlawfully and fraudulently
co,nsplre with William n. Boggs unlaw
luIly to abstract the moneys Of The First
National Bauk OF Dover for the use
bent fit and advantage of the defendant
with intent on the part of the defend.
ant and William n. Boggs to injure and
detraud said bank. The forty-ffth and
forty-slNtb counts, being the last two
counts in the Indictment. in substance
charge that the defendant did unlaw,
fully and fraudulently conspire with
William N. Boggs unlawfuly TO lnisap,
ply the moneys Of The First National
Bank Of Dover for the use, benefit and
advantage of the defendant with intent
on the part of the defendant and VIII.
liam n. Boggs to injure and defraud said
bank.
In order to warrant a conviction of the
defendant under all or any of the counts
numbered from fourteen to twenty-seven,
both inclusive, all of the essential in
gradients of the offense as charged therein
must have been established to vour
satisfaction beyond a reasonable doubt
Under these counts it is necessary in
order to find verdict Of guilty that you
shall be satisfied that William N. Boggs
unlawtully abstracted moneys, funds or
credits of The First National Bank of
Dover for the Use, benefit and advantage
OF the defendant, and with intent on the
part of William n. Boggs to injure and
defraud that bank, and further that the
defendant with like intent to injure or
defraud that bank knowingly and fraudu-
lentlv aided or abetted William n. Boggs
in etfecting such abstraction. In order
to warrant a conviction Of the defendant
under all or any Of the counts numbered
from twenty-eight to thirty-nine, both
inclusive, all OF the essential ingredients
of the offense as charged therein must
have been established to your satisfac-
ton. Under these counts it is necessary
in order to find verdict of guilty that
you shall be satisfied that William n.
Boggs unlawfully and wilfully msap-
piled moneys, funds or credits of The
First National Bank of Dover for the use,
tet.elit and advantage Of the defendant,
and with intent on the part of William
n. Boggs to injure or deiraud that bank;
and further that the defendant with like
intent to injure or defraud that bank
knowingly and fraudulently aided and
abeltad William n. Boggs in effecting
such misapplication. In order to war
rant a conviction of the defendant under
either the forty-third count or the
fort ty-fourth count, all of the essen
tial ingredients of the offense as
charged therein must have been
to your satisfaction. Under
these counts it is necessary in order to
find a verdict of guilty that you shall be
satisfied that the defendant and William
n. Boggs conspred together nnlawfuly
to abstract moneys. funds or credits of
The First National Bank of Dover. for
the use, benefit and advantage of the
defendant, and with intent to injure or
lefraud that bank; and further that
either the defendant or William N.
Boggs, or both Of them, did some act to
Effect such unlawful abstraction. In
,rder to warrant conviction OF the de-
fendant under either the for. fifth |
count or the forty sixth count, all of the |
essential ingredients OF the offence as
charged therein, must have been estab- !
i.hed to your satisfaction. Under these
counts it is necessary, in order to find a
verdict of guilty, that you shall be salts
led that the defendant and William n.
8oggs conspired together unlawfully and
vlrul y misapply moneys, funds or
'redits OF The First National Bank of
Dover, for the use, benefit and advan-
age OF the defendant and with intent to
njurc and dcfrand that bank; and
urther, that either the defendant or
William n. Boggs, or both of them, did
ome act to effect such unlawful and
vilful miSappl cation. Before adverting
o the evidence in the case. shall now
,ring to yonr attention certain principles
# law necessary for your guidance in
upon your verdict.
The law presnmes that persons charged
With crime are innocent until they are
'roved by competent evidence to be