Evening journal., 1899-04-04
TESTIMONY ALL TAKEN
Arguments in the Case Against
William {. Cotter on To-day.
i0GGS' TESTIMONY S
SCORED

WAYS THAN ONE-MR. N.ANDE-
GRIFTs ABLE ADDREss-cAsE TO
CLOSE TO-DAY.
At the opening Of yesterday afternoons !
session Of United States Court the de-
fense rested in the case OF the United |
States VS.. william f. Cotter. charged |
with conspiracy to rob the First National
Bank. Of Dover.
District Attorney Vandegrlft recalled
William n. Boggs to the stand. and he
testified that Cotter knew he was in
trouble and short in his accounts at the
bank. and they held frequent conferences
to plan how to meet the shortage. Cot.
ter was recalled by Mr. Higgins, who ask
ed him If he knew Boggs was robbing the
bank. Mr.. Vandegrift objected. and Judge
Bradford remarked that Cotter had al
ready denied having knowledge of Boggs'
defalcation. and it would do no harm TO
Let him make another denial. Coter
then sworc he did not know of Boggs
robbing the bank until a short time be-
fore Boggs' flight This closed the tesu-
mony and Mr.. Vandegrift offered to sub.
init the case to the jury without argu-
ment. but Mr. Higgins objected. The dis.
trict attorney then made his opening ad
dress.
District Attorney vandegrift made his
opening address to the jury beginning at
o'clock. The evidence, he said. was
largely documentary. The jury should
read these letters carefully ana when the
members do, there will be no doubt I'm
their minds about the guilt Of this defend
ant lie said however that II after the
jury had considered the evidence they
had the least reasonable doubt Of his
guilt give him the benefit Of 1t and allow
him to go free.
The district attorney then gave a gem
eral review Of the testimony given by VII
liam f. Cotter, touching upon his race
horse operations his real estate deals in
connection with Boggs, and the letters
passing between Cotter and Boggs rela-
tive TO certain checks that the former had
drawn on the First National Bank OF
Dover. and which the latter paid when
he (Cotter) had no money in bank. At the
hour Of adjournment Mr.. Vandegrft had
not finished his address.
After the roll Of the jurors had been
called by Clerk Smith. at this morning g
session of court. Mr. Vandegrlft resumed
his address to the jury. He stated that
he desired to call the attention Of the
jurors to letters that bear on certain por-
lions Of the testimony relative to Cotters s
8 gambling, he having testified that in all
: Of his race track operations he had not
lost more than $500. Letters were read
t covering the period from 1899 to 1896 rela.
. tive to gains and losses on the turf ant
In.
e thereof A letter was also read from Cot
It ter TO Boggs. stating that Cole had gon'
into the bucket shop business and advis
d ing Boggs to carry on no transactions
# with Cole even IL he had to go to othe
y places to get his deals through.
k Touching on Cotter's bank account, tn
1t district attorney said that he was goinl
y into thousands and thousands dollars
worth Of real estate transactions and ad
In mitted that he had no bank account Il
D. Dover and a very small one, II any, g.
r. Philadelphia. Letters from Cotter I
IN Boggs cautioning him against Thomas 5
Clark were refererd to, and attention call
ed to the fact that during the time the
}. were written Cotter and Clark were /
lie deals together.
nd grift "Cotter held out the hope to thi
as young man. loaded up with money he ha
as appropriated wrongfully from the banl
rl that they would realize vast sums {
n money each year from their transa'
n tions.
si- In reference TO Cotter's denial that i
w had ever requested Boggs to send hi
te either Kenney's or Coopers checks f,
his use in certain deals, extracts from var
Gus letters from Cotter were read reques
ing Boggs to send him 1<enney's, Cooper
IS. or anyone else's check that he could r.
dy allze ON. Particular attention Of the ju
N ors was called TO the various points
on the letters introduced in evidence, and
le. careful analysis of them requested Of Il
la jury. Mr.. Nandcgrift closed his argume
lal at II o'clock and Mr. Higgins for the d
At- fcnsc began his address to the jurors.
POINTS OF THE DEFENSE.
In his opening remarks Mr.. Higgi
stated that it was a source of unqualih
40 satisfaction TO him that the matters
"a volvcd in this case should be left to a S
Of men so mature. so just, and so d
"a" Greet. That there never was more no
=, est nor fair-minded body Of men tn
those sitting in the present case. lie W
little at loss to find out what
defendant is charged with. That Mr.. Va
degrift had taken advantage Of the I
bunal in this case and involved chare
'"s that have nothing to do with the fac
" The case had been pepper cast
en' Boggs and the district attorney, and ol
eA' side features dragged into it and thro'
'"S together as a heap of mud.
'oi "a more unfair presentation to the jt
in criminal case" said Mr.. Higgins,
have never heard. If my client console
tiously aided Boggs in any manner, sha
au- or form to rob this bank you should c'
y vict him and punish him. But apart fr
ld. Boggs' testimony there is not a thing
IS this case against my client. There
nothing in this except Boggs testimo
and the letters i'm the case, which are
on the other side
1his In referring to Boggs testimony,
at Higgins stated that it came from too G
'Ker rupt a source to be believed without &
TO roboration. and that nothing impugns
standing of his client as witness, as