The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1899-03-30
DEPOSITS
NOT ENTERED.
Boggs Testifies That Cot
ter Sent Him Money
and Took Up Checks
That We're Never
Entered.

When tho United States court con-
venel yesterday afternoon ". II. Cochran,
.Jr., WAS admitted to practice. Boggs was
called to tho stand and testified that he
had fixed no value on the a ndsrson houses
Finally when he went away he was to re-
receive anything.
Boygs identified several letters written
by him to Cottor Before he wolld do SO
no read thonl. This brought forth the
statement from Mr.. Higgins that he did
not know that Boggs was counsel in the
case when tho District ATTORNEY reminded
Mr.. Higgins Of tho doiay caused on Tues
day by Cotler and Counsel reading all the
letters.
lie also identified notice OF protest of II
check Of Cotter's on the First National
bank.
ilo remembered meeting Cotser in No
vember lS96in Philadelphia They inspect.
ed house on 49Lh. street and also the row
Of other houses. On that OCCASION they con-
versed about the real estate. He denied
that any agreement had been reached that
day whereby Cotter's indebtedness Was to
bo wiped out as compensation Tor his SER
Vices A. the account WAS not adjusted
Boggs refused to give up his letter and
checks OH May 0. 1897.
Tho next day he saw Cotter again AMI
the lat ter wanted the letters but the re-
quest was refused rs some OF the letters
reierred 10 the Anderson properties and he
gave the papers TO 'Kenney. Tho first
Of which there is a record, was six months
after he informed Cottcr that he was de-
faulter, Five months later in 1894 tho
real estate question was hroeched.
To Mr.. Vandegrft-I never told any
one the amount OF the defalcaiion, AT
the interview on May g. 1897, at his house
Cotter was affected when he was refused
the lettors. When told that BugIs WAS
going to fly from Dover he became sick.
Cotter claimed that he had done all he
could and that tho Anderson houses would
staighteu up the case. Boggs told Cotter
that kenney would protect him after he
went away.
Cctter made no claim tLa5 the checks
had ever been paid by him; witness look
ed at a letter from Coiter to Boggs en-
March ~, 1895, and testiiod that after all
tho checks were gotten out of the way
division uf tho profits would take place.
In reference to tho pro osted check, Bo2gs
believed that action was takon Oh 1t he-
causo some one in Dover had not taken
care Of it, The check must have fallen into
the hands of Mr. Batoman. He hal protest
ed another In 1886 These various checks
were either for Co ter's or their joint use
A transcript of the books of Tho bank
was examined and it showed shat Cotter
apened an account in Septembea 1891 The
book Of the bank and tho transcript We're
admit ed in evidence. Tho ledger did not
contain oil of Cotter's accounts. Cotter OH
fsw occasions sent cash tc take up
check which Boggs held out.
In relation to tho Manley street trnn:ac-
tion Boggs said that hc did NOT know, as
he had never been aDlo to understand T..
Hn had held the property for about six
months. From tho contre county land
transaction thern was secured IL 5000
mortgage, which went to pay for tho Nam
ley street houses. He also bought some
Analesea lots, but he could not tell wheth-
or they went into the Manley street prop
er,y. Tie was asked if in vew Of all this
he considered the Investment unfortunate.
He replied that he did because they were
nevernbls to wipe out the checks.
Ezekiel Cooper, of the Farmers Bank of
Dover, was the next witness called anu
sworn. He testified 10 certain checks of
Cotters being collected through til. Far
mei's Bank Of Dover.
-.The jury was discharged until to-day at
10. ID O'Clock.