The sun. (Wilmington, Del.) 1897-19??, 1898-05-15
TILE SUN. WILMINGTON, DELAWARE SUNDAY. MAY Is 1885,


applied by him to the payment OF the al
legged fraudulent checks from time to tim,
as they were presented for payment
that the defendant was fully aware 0
such fraudulent misrepresentation of tn,
funds OF The First National Bank o
Dover in the payment OF those checks
and that he, William n. Boggs, during
the period covered by the alleged fraudll
lent checks was in the habit of indulg
ing to excess in poker playing and othel
forms OF gambling. During all this time
It appears from the evidence that the
defendant was the close friend OF
William N. Boggs. Is it probable tina,
the testimony of William N. Boggs iI
this particular is true in view Of the facl
that the defendant continued to draw
the alleged fraudulent checks, knowing
that ..e had no money on deposit to meet
them, and aware of the evil habits Of
William N. Boggs, and in the absence O.
any evidence in the case showing that
the defendant at any time during the
period covered by these checks made an,
inquiry of the bank officials as to the
fidelity and regularity of William N
Boggs as teller. William N. Boygs testi.
fed that he did not fail ON any occasion
truly to report to the bookkeeper any
deposits made by the defendant. The
account of the defendant which is based
in part upon the reports made by
William n. Boggs showing his balances
from time to time agree, according to the
testimony OF the expert accountant,
Ross. with the balances reduced from
the deposit book of the defendant which
Is in evidence. Is or not the testimony
OF William n. Boggs corroborated by the
defendants bank book. William N.
Boggs testified in effect that on several
occasions, being apprehensive OF
a visit from Francis n. Buck,
the national bank examiner, at a time
when his irregularities might be detected
by the bank examiner, requested the
defendant, who was aware of the irregu-
laritles, to ascertain and report to him,
William N. Boggs, the time when Mr..
Buck would arrive in Dover. He testi-
fled particularly as to such an occurrence
in November 1896 An impression copy
OF a telegram from the defendant to
William N. Boggs, dated Wilmington,
November %, 1896, is in evidence. in
which the defendant states: "That party
came to Wilmington" William n.
Boggs further testified in effect that there
was an understanding between him and
the defendant in May, 1897, that he,
William n. Boggs, would shortly be
forced to take fight, and that he feared
thr bank examiner was to make an eX-
animation of The First National Bank of
Dover on May 10, 1897; that he had an
arrangement with the defendant that he,
the defendant, should take the seven
O'Clock train on that day, get off at State
Road station, and see if the examiner
din not get on that train and go north;
that if the examiner did take that train
north, the defendant was to find out
from him. the examiner in way that
would not excite suspicious when he,
the examiner, expected to come to Dover;
and he, the defendant, was to wire him,
William N.Boggs. Francis N. Buck, the
examiner, testified that the defendant
got OF OF the morning train at State
Road Station and p-entered the train
and proceeded with him to Wilmington.
An impression copy of telegram from
the defendant to William n. Boggs in
the name of W. johnson, dated viii
mlngton. 9.27 a. M, May TO-. 1897, is
in evidence, in which the defendant
states: Not for some time he saws"
Is this or not confederation of the testi-
mony of William n. Boggs. Without
adverting to other evidence in the case
upon the subject Of corroboration of the
testimony of William n. Boggs it is for
you to determine whether or not he has
testified truly. 1t is contended on be-
half of the defendant, and the defend
ant has 50 testified in effect that the rea-
son why on May 10, 1897, the defendant
asceralncd and notified William N.
Boggs that the examiner would not visit
Dover for some time, was that William
n. Boggs had been highly compimented
upon the excellence of his book keeping.
and that William n. Boggs, fully appre:
eating the compliment SO paid to him
by the examiner, desired, in view of the
tact that his entries were somewhat be-
hind hand, to make them up in proper
shape to retain the good opinion OF the
examiner. 1t is for you, gentlemen, to
decide as to the comparative probability
of the statements of the defendant and
of William n. Boggs in relation to this
matter; it being admitted that at that
time William n BOggs was a defauter.
1t is proper to add that II criminal case
involving much testimony and many
facts upon the probability or improba-
blllty of any one point singled out of the
evidence; but that proper decision re-
CURES due consideration TO be given to
all OF the evidence and legitimate infer
ellces to be drawn therefrom.
1t is unnecessary that should call
your attention to other yoints in the evil
dence bearing upon the guilt or inno-
ccnce of the defendant, the evidence
being fresh in your recollection.
Gentlemen, you are fully to under
s'a I'd that all intimatioLs or expressions
of opinion by the court upon the evil
dence in this case or deductions to be
drawn from it while intended to aid Won
in reaching proper conclusions, do not in
/ he least rontr1I yn,, -.