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

+, Cotter, charged with aiding and
sbetting William N. Boggs, the de-
fauItipg teller of the First National
Hank of Dover, was commenced in the
United States District Court Monday
afternoon, Judge Bradford refusing to
grant the request of his counsel,
Anthony Higgins, for a continuance,
on the ground that the aiiidavits con-
corning the materiality of absent wit
nesses were not sufficient as reason
for continuance In giving this de-
cision the judge said he would, in a
short time, file an opinion setting forth
his reasons for the arriving at the de.
oision.
When the list of jurors was called
Mayor McLear, William r. Brinckle
and Jonathan w. Aydon, Henry b.
bradford and Henry A. Miller of this
city and James j. Ross of Seafofd we're
excused.
The jury drawn to try the case was
rs follows: Morris ID. Crossan, fore
man; Wilmer Palmer, Henry w.
Perkins and Joseph L. Carpenter,
Ir., of Wilmington, Edward Draper of
Appoguinimink hundred, Joseph S.
Griffith of st. Georges, John II.
Hastings of Pencader, William N.
Cedars Of North Murderlsill, Edward
l'ardee Of East Dover, Charles Lingo
of Indian River, Frank d. Baldwin of
Mill Creek and James +. Anderson of
Milford.
W. Harold Smith Of Brandywifie
hundred, William II. Baggs of Duck
Creek and John Moore of kenten were
challenged by the defence, and Isaac
S. Cannon of Nanticoke, George N.
Eddy Of Seaford and James r. Melvin
IT Little Creek Sussex by the prose.
cution. six in oil.
When Clerk S. r. Smith began to
draw the names from the box that of
the late James g. Conoway was called
first, and Crier John Gallagher, over
looking the fact that Mr.. Conoway had
died recently, gave his usual command
walk in the box but Immediately
realized that he had made mistake.
After the jury had been drawn and
sworn District Attorney Vandegrift
presented the case to the jury. The
defendant, he said, was charged with
aiding and abetting William NJ. Boggs,
of Dover, to abstract and misapply
sl,Ql4.02, funds of the bank when
Cotter had no funds there, and con-
spring with Boggs to SO violate the
laws Of the United States, which Mr..
Yandegrift quoted. OF the IL counts
in the Indictment MIR. VANDERBILT nolle
pressed the second, fourth, sixth,
eighth and tenth counts, leaving the
first, third, fifth, seventh, ninth and
eleventh. In presenting the matter to
the jury Mr.. Vandegrift said the money
was paid out pursuant to an arrange
ment between Cotter and Boggs.
Anthony Higgins was assisted in de-
Tending Cotter by David J. Reinhardt.
After proving the organization of the
bank by offering the books in evidence,
y Mr.. Vandegrift called to the stand
Harry A. Richardson, president of the
bank, who testified to the defalcation
of William N. Boggs, which was dis
covered on June LIST, 1897, after Bosgs'
flight. After the defalcation was dis
covered, he said, L. Edward Ross of
Philadelphia, an expert accountant,
examined the books.
Accountant Ross was called and
testified to the examination and fixing
the amount Of the shortage. The de-
falcation, he said, extended as far
back as 1894. The amount was $107, 900.
On cross-examination by Mr.. Higgins,
Mr.. Ross detailed the method Of
making the examination, which .ex-
tended back as far as June, 1894.
John |. Rankin of Philadelphia was
degrift. He identified the signatures
on several checks made out to him as
payee in 1896 as having been made by
William E. Cotter. Witness said wher
he received the checks he got them
cashed and gave the money to Cotter.
At Mr.. Higgins request the checks
we're handed to Mr.. Higgins. In de
ivering them to the latter Mr.. Van
degrift began to explain "They are
checks made by William e. Cotter, or
- Here he was interrupted by
MIR. Higgins, who said 'well, never
mind. After examining them, Mr.
Higgins admitted that they were giyer
by his client, and they were put il
evidence. The checks were drawn b.
Cotter ON the First National Bank O.
Dover, payable to Mr.. Rankin.
Mr.. Vandegrift also offered in eyi
dence checks given by Cotter to w. @
IIenle, j. T. De Silver, William
anderson & Co, d. S. Main, ]. H
Scott, NJ. j. Kelley and L. H. Fultz
but Mr.. Higgins objected until all o
the writing on each had been proved
which Mr.. vandegrft said he woulc
prove later, and they were withdraw
for the time being.
In reply to Mr.. VANDERBILT, Mr.
Rankin said he did not receive notic
Of protest concerning any Of the check
handed to him in the first batch, thos
given by Cotter, payable to Rankin
with the exception of one, and non
came back to him.
Michael j, Kelley of Philadelphia
upon being handed check for So
drawn by Cotter in his favor on Jul
~, 1895, said he received it iron
Voter at the lattei's office and got tn
money on it. The money, Mr.. kelle
said, was part payment by Cotter TO
the rent of Kelley's excursion house a
Sea Isle City, N. j. The check wa
put in evidence.
Leon H. Fultz Of Philadelphia.identi
ped check for Sl24 IA, dated Septem
Ter sd, 1896, as having been given b
Gotter to him. He deposited it in tn
hank and it was not protested. Witnes
began to relate that he was about I
sue Cotter for the money, when tn
me Of testimony was stopped by MI
Nandegrift. Witness said the none
represented dues fo building assc
clatlon' Referring to the suit for tn
money, witness said the mortgage upo
which the suit was brought was mad
ny William Anderson. The dues, b
hald, were owed by somebody else, M
\ anderson, but he could not tell til
name Of the party.
Daniel s. Mann, Philadelphia col
seyancer, identified check for S1l
saateei June 9th. 1896. as one given
nim ny Cotter for services rendered
frNFf l.. i