Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1899-03-30


flight from Dover. He said at that
time they won't over their accounts and
at the same time discussed the affairs
at the bank and the probability of
Boggs leaving Dover in few days to
escape the consequences. Witness said
Cotter wanted some Of the letters and
papers returned to him, ono, in which
Thomas $. Clark was Interested, being
specially desired. He said, however,
that he retained it as he thought no
might use it to enforce settlement.
Boggs spoke of scheme in which he
and Gotter were interested; Cotter was
to draw checks and Boggs was to carry
them until such time as the cash was
Forthcoming to pay them, and in order
to carry the checks it was necessary to
use the banks money.
BoeGs oRoss-ExAMIYED.
Boggs was turned over to Anthony
Higgins, of counsel for the defence,
for cross-examination. In reply to Mr..
Higgins, witness said he would be "a
years of age on the 7th of next July;
he was appointed teller Of the bank in
1891; the defalcation amounted to
s107, 600; he knew at all times what
the amount of the defalcation was; his
first crooked transaction at the bank
was paying check for Thomas S.
Clark in the spring Of 1893, when
Clark had no funds there; when he
first met Cotter the latter was, witness
thought. resident of Philadelphia.
Mr.. Higgins asked the witness If it
was necessary to have introductions TO
know people he had seen on the streets
of Dover, to which Boggs replied that
it was necessary to have introduotions
before people could touch him for
loans.
Boggs understood, when he met
Cotter, that he had been prosperous
man, but at the time had not dollars
worth of credit at either of the banks
in Dover. He needed an introduction
to know him sufficiently for the
purpose of financial transactions.
Boggs explained the method of pay
ing Cotter's checks, saying he would
appropriate money deposited by other
customers of the bank. Up to Feb
ruary 9Th, 1897, he withheld deposit
tickets, entered them up at subsequent
dates and shifted them from one
account to another. On February 9th,
1897, he was given charge Of the in
dividual ledger and entered up all Of
tho deposits which had been held,
showing what ought to be in the bank.
The checks which had been paid, how
ever, were not charged 10 the accounts
of the people who had rrofted by the
payments, where those persons had nu
funds. The deception was accomplished
by means of false totals.
Witness related some history concern
ing the bank and its officers. He said
that at the time of his departure the
capital stock was 100000 and the
surplus and undivided profits between
S57, 1000 to $3.50 The bank usually
carried between 100000 and $50, COO in
cash and had credit in Philadelphia
averaging about $500
Witness was unable to tell why il
was possible for him to abstract such
large amounts from tho bank, unless it
was due solely to the confidence placed
in him by the officers of the bank.
There was nothing in the course of
business that would lead Cashier Bate
man to suspect the defalcation.
Boggs said in the latter part of 1893
or early in 1894, after they had had
some transactions together, he told
Cotter that no was in very bad shape
at the bank and he was liable to be
tripped up at any time. He thought
the first conversation took place on n
train while riding from Philadelphia
to Dover. Golfer, he said, told him
matters would work out all right.
After that they met frequently and
discussed the prospects OF working ont
the difficulty. They talked the matter
over in Thomas S. ClarlI's office in
Dover and Cotter's Office in Dover.
He never told Cotter the amount Of
the defalcation. The talk was chiefly
with respect to the matters Cotter was
interested In. The deals they were in
proved losing ventures and they dis
cussed the fact that the defalcation
was increasing He told Cotter Of the
shortage because Cotter knew OF his
losses at the race track and Cotter
made suggestions to him to invest in
Cotter expressing the opinion that
money could be made from such invest
ments. Cotter was in the real estate
business.
Referring to tho Anderson trans
action, in which SO houses in Phila-
delphia were involved, Boggs said he
at first understood that he was to re-
ceive % of the houses, but later the
number to go to him was Ia, but he
received none. He could not explain
the peculiar turn Of affairs. He put
81, 500 in the venture, and understood
that the profits of the operation were
to clear up the trouble at the bank.
The houses we're not finished when he
went away and he assigned the matter
to Senator II. X. Kenney. Cotter, he
said, drew up tho agreement and he
signed it. lie understood none of the
houses had been assigned to the bank.
Boggs sent for Cotter, asking him to
call at his house on May 9Th, 1897, be-
cause he expected to leave Dover on
the following Monday. Witness denied
having asked Cotter if something could
be realized on the Philadelphia houses,
saying the matter had then been
assigned to Senator Kenney. He was
very much worried, as he expected the
bank examiner to put in an appear
ance at the bank the next day.
Boggs explained the Harrington farm
| transaction, which figured in the Ken
ney trial, and said the proceeds were
applied to liquidate checks which had
been carried.
CIGARS FOR BoGGs.
Boggs said Cotter had some certifi-
Gates for cigars in bond in Boston
warehouse, and on one occasion, after
he (witness) had csshed check for
$50, given by Cotter in favor of j. q.
Kane & Co. of Philadelphia, Cotter,
the cigars being out of bond, sent
him (Boggs) large lot of them, prob
ably 5000 He examined them and be-
lieving they were not of a very high
standard, practically cast them aside,
allowing them to remain on the back