Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1899-04-06

drew them upon t0o FHSb N"tiSh"i
Bank OF Dover in favor of the people
to whom he wanted the money TO &c.
He understood that Boggs was to put
the money to his account to meet the
checks when notified: his own money.
Witness followed Boggs' instructions
He never made any inquiry as TO WY
Boggs did not use his own checks.
He did not draft directly on boggs
instead of the bank, because it was
simpler method to follow Bogss IN
structions, rs outlined above. Inc
checks Of Kenney and Cooper did not
excite Cotter's suspicion. Witness had
an account with the Market Street
Bank, and also with the Real Estate
Investment Co., No. 72l Walnut street,
Philadelphia, during the. past few
years. Witness remembered that some-
thing had been said about Boggs Pc.
turning some checks which Cotter had
satisfied, but they were not returned,
nor were the notes which Cottor under
stood were cancelled on account of the
Anderson house deal. He said tho only
interest he had in the Anderson deal
was his commission. He explained
why Kenney's checks were used on
two or three occasions, by saying that
tho German Trust Co., where Ander-
son kept his account, would not accept
his tCotter's) checks as cash, because
of delay in receiving the money, but
they would accept Kenney's checks as
cash.
Cotter identified letter he had
sent to Boggs, June 2lst, 1895, and it
was put in evidence. Speaking Of the
Findley check, Cotter said he could
not recollect that Findley had any
thing to do with the Harrington farm.
Cotter identified letters from Boggs
to Cotter dated February 9th, 1885,
October It'll and 10th, 1895, and Janu-
airy 18th, 1897.
Cotter testified that he regarded
Boggs as q man Of means, but thought
it possible that he might be getting
some of his money tied up. He judged
the latter from the transactions which
he carried on and Boggs' letters to
him. The letters showed that, if he
did not misinterpret them. flo was
asked If he had ever written Boggs
in way that would indicate that
he did not take him for a man Of
means. He said he might have done
so, real estate man sometimes finds
it advisable to write In that way, that
being popularity of real estate
brokers.
Asked what the initials "T. S. c."
meant in his letters, Cotter said it
mostly stood for Thomas S. Clark,
but he would not say that it always
meant that.
While Mr.. Vandegrift was looking
over another piece of evidence, Mr..
Higgins remarked that they were wait.
ing on him. "You have not had tc
wait on me" replied Mr.. Vandegrift.
Taking up the interview between
Cotter and Boggs on May 9Th, 1897,
| Cotter, in reply to Mr.. Vandegrift,
said they did not go over the papers,
but did talk about them, some He
declared that he never told anybody
that Boggs was n defaulter.
He had cautioned Boggs against
Thomas s. Clark. 1t took him somt
| time to look over letter in which ht
had told Boggs not to get deeper with
| Clark, and as he had seen it before, Mr.
| VANDERBILT desired him to hurry over it
"fou are probably not as much con.
cerned in this as am" said Cotter.
II am glad l am not, said Mr.
Vandegrift,
you ought to be-" said Mr.. Hig
gins.
He explained that he cautioned Bogg
against Clark because of the hors
Brooklyn in which he understood Clarl
was interested. In another letter
reference to Clark applied to tn
Albemarle street deal, but Clark faile,
to get that property, whereas Bogg
did. As to race track operations
Cotter said he never spent more thai
5000 in the aggregate.
In reply to Mr.. Vandegrift, Cote
said he never told Mr.. Bateman, Presi
dent Smithers or President Richardson
that an officer of the bank was payinI
out money for race track transactions
He admitted that the total of tn
checks in oil the operations with Bogg
were $4,000, of which $500 wer
Anderson checks.
Cotter stated that he expected Bogg
to put his own money to meet tn
checks drawn by him unless hi
tCotter's) money was there in tim
to 60 to his credit. He had not 90
his checks back or his bank book
which he had turned over to Boggs.
His method of keeping his indi
vidual accounts was by putting then
in a memorandum book or on tn
back of an envelope. He kept al
account Of his personal checks but no
of the checks drawn for Boggs, a
Boggs was expected to keep accoun
Of them. Tho memorandum books con
tanning individual accounts wor
thrown away, but figures were carrier
over to new book if necessary
Cotter stated that in all his real estat
transactions for the last five years. h
kept no record of anything. But il
no transactions with persons othe
than Boggs did he draw checks whicl
the other person was to meet.
! Adjournment until II. 30 o. clock Mon
day morning
BUTLER CASE CONTINUED.
At the request of Levi C. Bird. nj
torney for Charles Ii. Butler of Dover
who is also under indictment in con
nection with the defalcation, the cas-
. was continued, No time being fixod 70
trial.
CIRCUIT COURT BUSINESS.
In the United States Circuit Court
to tho request Of Mr.. Bird, the day 70
making return OF the sale of tn
Arlington mills property was fixed 4
Friday, April 2lst. 1t was also agree
that tho damage suit of Harris vs., tn
Is. & o. Railroad Co. should not con,
up before May I'd.
Further proceedings on third psrc.l
-----a
Four ConstabIes Elected.
The Levy Court Yesterday week electe
IL Il -