The sun., 1898-06-25

have been establishend to your satisfac-
tion beyond reas ,nable doubt. Under
these counts it is necessary in order to
find verdict Of guilty that you shall be
satisfied that William n. Boggs, who was
teller, unlawfully distracted, as therein
charged, moneys, funds or credits OF The
First National Bank of Dover, for the
use, benefit and advantage of the defend
ant, and with intent on the part OF Will
liam N. Boggs to injure and defraud the
bank and further that the defendant,
with like intent, to injure or defraud the
bank, knowingly and fraudulently aided
or abetted William N. Boggs in effecting
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 ofthe offense,
as charged therein, must have been es-
tablished to your satisfaction. Under
these counts, it is necessary in order to
find vendict Of guilty. that you shall be
satisfied that William n. Boggs, who was
teller, unlawfully and wilfully mis-
applied, as therein charged, moneys,
funds or credits of The First National
Bank of Dover, for the use, benefit and
advantage OF the defendant, and with in
tent on the part%of William N. Boggs
to injurc or defraud the bank; and fur
ther that the defendant with like intent
to injule or defraud the bank, knowingly
and fraudulently aided or abetted vii.
liam n. Boggs in effecting such wilful
misapplicaton. In order to warrant a
conviction OF the defendant under either
the forty-third count or the forty-fourth
count, 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 guity.that
you shall be satisfied that the defendant
and William N. Boggs unlawfully and
fraudulently conspired together unlaw-
fully to abstract, as therein charged,
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 defraud the
bank; and further that either the defend.
ant or William N. Boggs, or both of
them, did some act or acts, as charged. to
effect such unlawful abstraction. In
order to warrant a conviction of the de-
fendant under either:the forty-tifth count
or the furty-sixth count, being the last
two counts in the Indictment, all of the
essential ingredients of the offense, as
charged therein, must have been estab-
lshed to your satisfaction. Under these
counts it is necessary in order to find a
verdict OF guilty, that you shall be salts
fed that the defendant and William N.
Boggs unIawfully and fraudulently con-
spiled together unIawfully and wilfully
to misapply, as therein charged, moneys,
funds or credits of The First Natioual
Bank of Dover, for the use, benefit and
advantage OF the defendant, and with in
tent to injure and defraud the bank; and
further that either the defendant or
William \. Boggs, or both OF them, did
some act or acts, as charged, to effect
such unlawful and wilfu misapplication.
In a case like this the law will not per-
nit defendant to be prosecuted, tried,
or punished for any offense unless the
indictment has been found within three
years next after the commission Of the
offense. The Indictment in this case was
found April %, 1898. Therefore the de-
fendant can not be- found guilty of aid
ing or abetting William n. Boggs in any
Abstraction or wilful misapplication
through checks or otherwise of the
moneys, funds or credits of The First
National Bank of Dover prior to April
%, 1895 nor can the defendant be found
guilty OF conspiring with William \.
Bnggs to effect any abstraction or wilful
misapplication, through checks or OF! er-
wise, Of the moneys, funds or credits OF
the bank prior to April %, 1895.
Although much evidence has been ad-
duced touching alleged fraudulent checks
drawn by the defendant on The First
National Bank OF Dover and paid by the
bank, prior to April %, 1898, you can
not find the defendant guilty Of aiding
Or abetting William N. Roggs in effect
ing any abstraction Or wilfui misapplica-
ton OF the moneys, funds or credits of
the bank by means of those checks nor
can you find him guilty OF any con-
spiracy with William n. Boggs to effect
any abstraction or wilinl misapplcation
of the moneys, funds or credits of the
bank by means of those checks. This
language You will, of course, understand
is used solely in reference to alleged
fraudulent checks drawn and paid prior
to April 25, 1895 and not to the alleged
fraudulent checks given by the defendant
and paid out Of the funds of Tie First
National Bank Of Dover since that date.
But while yen cannot find the defend
ant guilty of aiding or abetting William
n. Bnggs in effrcting any abstraction or
wilful misappicatinn OF the moneys,
funds Or credits of The First National
Bank Of Dover prior to April 25, 1898;
and while you cannot find the defend
ant guilty of conspiring with William y.
Boggs to effect any abstraction or msap-
pliration of the moneys, funds or credits
If the bank prior to that date, you are at
liberty to consider such fraudulent,
checks, if any have been proved to your
satisfaction, as were drawn by the de-
iendant and paid out of the funds of The
First National Bank OF Dover, not for tn
purpose OF convicting the dt landant BY
reason OF the drawing and payment OF
those checks, but only as tending TO
show the intent of the defendant in
drawing the checks set forth in the in
dictment since April 25. 1893.
Before adverting to the evidence in the
case | shall now bring to your attention
an elementary principal of law necessary
for your guidance in determining upon
your verdict. The law presumes that
persons charged with crime are innocent
until they are proved by competent evi-
dence to be guilty. This presumption
is evidence in favor of the defendant and