The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1899-03-28
THE C0TTER
TRIAL.
Judge Bradford Denies the
Motion For a Post
pOnement and the
Trial Goes On.

liam n. Cotter, OF Philadelphia, for posi-
ponement OF the trial on the ground OF at
ssnce of William Anderson. Judge Brnd
ford said that the affidavlts were not sui
fcient and The motion was therefore dc
nIod. The following jurors we're drawn
William NJ. Cedars, Edward Pardee
Charles Lingo, William H. Bags. w
Harold Smith, Frank r. Baldwin, Jane
i. Anderson, Isaac S. Cannon, Joseph I
Carpenter Jr., George N Eddy. The de-
fense challenged Mr.. Smith and Edwar,
Draner took his place. The Governmen
| Challenged Mr.. Cannon and Joseph S
| Griffith took his place. The defense chal
| lenrea Mr. Boggs and his chair was takei
by John Moore. Mr.. Eddy came out on
challenge by the Government and jane
! challenged by the defense and Wilmer
Palmer was called. The Government
challenged Mr.. Melvin and Henry W. Per.
kins completed the Jury.
District Attorney Vandegrift entered 6
vClle prose as to the second. fourth, sixth
eighth, and tenth counts. In opening bt
stated the law in the Gaze under which
Cotter Is charged. The Government
claims that Cotter aided Boggs to ab-
s'ract oertain moneys from the First Ma.
tlonal Bank at Dover. Cotter drew checks
'tA o'uu o-sun "HVli Ae Iluu hU money
in tho bank and when he knew Boggs was
using the money to pay these checks The
hrst eight counts are for violation of 52O9
ana the other three counts are for con-
splracy. One OF the counts charged him
with aiding Boggs to abstract wilfullv and
nnlawfully moneys amounting to $l,OI4..
o.
The certificates of incorporation were
offered IN evidence together with the min
ntes of organization and the employment
OF Boggs at The bank Mr.. Higgins said
no had no objection Harry A. Richardson
was the first witness called. He testified
he was president of the Bank. Boggs bad
been teller Of the bank. After his flight an
exner' found that there was defalcation
j. Edward Ross deEosed he examined tho
books of the bank. He found a defal-
cation OF $l07 900 extending from 1894 to
May 1877. In cross examination be stated
to Mr.. Higgins that the money was paid
out TN checks
Mr.. Higgins do you know to whom such
money was pnid?
Ds riot Attorney Vandeprift objected.
Inc Court uled the question was not
IN crcss examination. The defense had q
right TO know how witness knew there
WAS u defalcation
How did you ascertain the defalcation
ny an examination Of tho deposit slips
individual ledger and pass books Of the
depositoIs.
The general depository book was not n
reliable hority. But the Individual
posted.
The process OF defalcation bv withhold
ing deposits was traced back to 1894
John !. Rankin, of Philadelphia, deposed
thnt no knew Cotter's handwriting. He
examined number of checks signed bv
Golfer and given to witness He uot tho
checks cashed and then he gave tho money
to Cot,er. ''o'
When the United States Court adjourn.
ed yesterday afternoon Daniel s, Mann
was on the stnhd He had received a s1O
checK from Cntter and got the money on
1t. MI. Higgins asked Mr. Mann II the
check was not given In pay ment for draw.
Ing deed Of land from W. @. Heinle to
william N. BogGs. District Attorney
Vandcgrift objected. When court opened
Ills morning Judge Bradford said TINT hh
session OF the court daily would be of five
hours. District Attorney Vandegrift said
no was not prepared at that time to say
Wheh the Jurors not empanelled could be
Judge Bradford said two points had
uGeh ralsea by the defense. One was
whether the money Obtained on ths
check was used for certain purpose, IF
counsel have offered tho checks then thev
constitute link In the Governments
rhse. These checks, the execution of
lt' N In point Of fact, is not denied, The
i .cSs are ruled In by consent,
r; higgins wanted to find tho use to
v IT. n the money was placed.
h" Court-The other branch of inquiry
S whether you could show whether the
money which was paid by Boggs was paid
or HnVt HING n1s nj hor %hn,
.te use of the defendant in this case
Jourt would be glad to hear from the |
counsel IN the case.
Ihe District Attorney said he Objected
irst on the ground that it was not prorsr
II cross. examination, second that the
ounsei was trying to build up his de-
ense; further that it Is objectionable be-
ause the latitude Of oross-examlnaticn /
~ the Federal court is not allowed.
MIR. Higgins said the Offence claimed
hat this money was not obtained for the
efcndant but for Boggs. Here we huye
he man that got the money and this de-
endnnt did not recieve It. These witnesses
10 the independent people. They favor
either the defendant who wants to keen
ut Of penitentarv or Boggs who wants
0 shorten his term. We want the whole
ruth in this case TO go before that iurv.
mt COURT said tha. 1t was inclined to
hlnk the question ought to be allowed.
was very close point. But assuming
his defendant may have all the benefit The
uestion was admitted and the broad uues.
on will be referred to later.
Mr.. Mum was called to the stand and
answer to the question. "Was it not for
transfer of lands from Heinle to BorpsyI
piled ut might have been. He did not
now Boggs In the case. He looked to
otter for his money.
Leon Il. Fu!tz was recalled and In an
yer to Mr.. Higgins. said the check he
yesterday was given by Cotter
payment Of dues for building associn-
on, Rudolph Ruth drew a mortgage on
house on 40th street.
Joseph !. DE Silver, OF Chester, dsposed
at In February 1896 he was in business
Dtter for s43 80.
He got tho money on 1t. The money was
snare OF real estate raDsaction. Cot.
met Senator HaiDle In the office Of
ltness and from that meeting he receiy.
the money from sale Of land.
William N. Boggs was the next witness,
8 testified to his position at the bank.
Q identified the checks already testified
by other witnesses.
They were paid at Dover out of the fund
tho bank. They wore not charged tn
y account. Ho explained the methol l
which he paid the checks
ae had an arrangement with Cotter. He
,t Cotter In the fall of 1893 and was in
'duced TO him by Thomas Clark, Their
st connection was In November 1893 G
Zen he cashed check for Cotter. He G
sde out list Of checks cashed by him Q
Cotter md had submitted 1t to him.
identified sucha list. All tho checks
lnitted 10 evidence were included in the
7. They went over that paper on MAY ,
1897. There was no dispute at that time =
" the paper. He identified a bunch of
tors and checks received during the !,
'lou mentioned from Cotter, They re- :,
ed to transactions that were roincon "
ween them and to the payment of tbe a.,
'cks BY Boggs out of the funds of the
TX. He identified letters thst accom-
lied the checks from ,t"-f 10 Boggs.
'trlct Attorney Vandegrl.V asked that =,
Jurors not empannelled be discharged X
IN any further attendance of court. A IL
' jury panel will bo drawn for April II