The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1899-04-05
THE CASE
IS CLOSED
And the Jury Will Now
Decide the Guilt or IT.
n0CenCe of COtter.

At tho a'ternt on session of the Uuitt
States Court yesterday Mr. Higgins rcsun..
ed his argument to the Jury. fla read The
letter OF Boggs to Coter telling him that
if ho did noG make check good 1t would
be protested. Mr.. Higgins then took up
the checks which were alleged to be for
Cotters own benefit, These Mr.. Higgins
of the same year and amounted to but t347.
Tho greatest total which can be claimed is
but $i0O 81 The defencl claims that tho
first group of checks were all that were
for Cotters own use. The first check is
tho Semple check in 1924 and NO more axe
struck until 1895
In reference to tho Kelley Check for $40
Cottor says that ho paid Boggs So He also
testilles that when he gave checks he al
ways made provi,ion for them II he could
and II ho cuuIl not he wrote to Buggs and
asked him to look out Cor them until he
could make provisions for them. When
the Kelley check is taken out Cotter s
loans amounted to but $277. Then comes
tho Manley street deal where Boggs told
Cotter he would wipe OUT his loans for
commission. and but $75 Is left, which are
tho three Rankin checks for s?5 each, for
which Cotter says he stnt the money. Not
one OF these transactions is aftor October
%, 1896
Spttef WIlles W loCpRS NOU 70 leb lltulo
check come back If here had been an or.
rangemcnt between lhese two men to take
the money out of the bank there. would
have bae" no such letter rs this. Tho
total Of e. 553S is for all of the checks,
including the slSO for COtters use. 1t IL
held that tho others were for their joint
uso. In these deals Boygs got in The
money and Cotter was the agent, and &C.
cured his commission. 1t was all the time
as rain for Boggs to put in tho money.
Eoggs got all there was in the Harm gton
deal. Cotter first suggested that they
share jointly, but in every case Boggs in
the end got all, and Cotter got but mod
crate com mission. In the Centre county
land Boggs got the 5000 mortgage which
won't into the Manley street. deal and holds
tho remainder OF the land. In the Forty
ninth streeS deal. tho property wont to
Mrs. Boggs, and Boggs GOV all that thers
was in it.
1t is II very dangerous weakness in case
which causes The district attorney to drag
into this case matters which do not con-
cern 1t at all, The check given in connec-
ti0n with raoG-track matters went into
bank. and the money deposited to pay it.
Race tracks, therefore, have nothing 10 do
with the case.
Mr.. Higgins said ho defled the district
attorney tUpoint out a word of written
testimony to show that this defendant had
tho slightest knowledge that this mouey
'wns being taken from tho bank. This
man was hopeful. He'was real estate
agent, engaged in q legitimate business,
honest and industrious. So he stood until
Bosgs' poisonous lies nwere directed
against hiu. There Is 10 evidence to
show his completely In the matter, and 1t
will be an easy matter and it will bu an
easy matter for tho jury in the discharge
of its whole duty 10 declare him not
guilty.
MIR. VANDERBILT CLOSES.
Mr. Vardegrift began his closing argu-
ment AT 3. 35 O'clock. The district attorney
tool: up tho indictment anu explained the
different coun 9.
II BE ggs had never come to the stand
these checks, these letters and the o books
would speak for themso yes. Tho govern
lnent has done nothing In the case but
what was its duty. This defendant is meet
ing the natural consequences of his own
nets. The and jury, brought hero from
ail over the state, placed their hands upon
hc B.blo to do their duty, and ordered
his prosecution to be made.
Boggs is bright and capable. He Is more
so than when ho made his first misstep.
Back in his twenties he was whom he made
it. This man played the races for Will
lam N. Boggs. This man old enough to
% this young mans fa her, did this. From
hat day on this defendant continued to |
lraw checks. They rolled on from one
hing to another with tho same result. On
March 81 Bosgs cries OUT that Cotter has
led up all his money. Does that look
ike Boggs had made money! If there is
loubt about this mans guilt give to him
10 not let your sympathy for the district
ttorney or for William N. Boggs sway
ny of the jury to do wrong. Never again
an Boggs hold any position in Il coIum nun.
ty where he IS known his life is practl-
ally ended. Why should he not toll tie
ruth.
This defendant knew that Boggs was
ot man Of irroproachablo character. Ho
new ho was playing the races, he knew
{ his buckct-shop transactions, he know
bis gambling.
Buggs could not take more money from
Iic bank. The funds had bean nearly ex-
nustco. so far as thesc men wero concorn-
Il. Mr.. VandeRrift said that the guilt of
otter was as clear rs tho sunlight on tho
uiside.
Tho court then adjourned until this