Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1899-04-06
CASE GIVEN TO THE JURY
The Charge in the COtter Trial Delivered
by Judge Bradford Yesterday.
DELIBERATIONS BEGUN AT NOON
Reading of Letters May Con-
sumo Much Time.
AN EXCEPTION TO THE CHARGE NOTED

defendant in the case of the United
States against William II. Cotter, fin.
ished his argument to the jury in the
United States District Court Tuesday
afternoon. He dwolt at length upon
the correspondence between Boggs and
Cotter and repeatedly commended that
the letters contained nothing to indi-
cato that Cotter knew Boegs was steal
ing money from the First National
Bank of Dover. He drew attention to
the fact that there were no check
transactions after October 23d, 1896,
the period covered being two years
prior to that time. The last transaction
wassix months before Boggs loft Dover.
1t was very evident that Boggs put
tho money into the real estate trans
actions and derived tho benefit there
from, Cotter receiving only his COM
Lensation for consummating the deals.
They had spoken about joint opera
tions, but it turned out that Cotter
received only his commission.
Mr.. Higgins deplored the fact that
Boggs had testified that Cooper was
interested in his flight and the move-
ments of the bank examiner and that
Cotter knew about them. He told the
jury that tho Centre county property
was not for CotJer, but for Boggs, who
received the deeds ana all of the bene-
fit, Cotter receiving only his commits
sion.
Boggs, he said, stands convicted, by
his own confession, of robbing the hank
of Sl07, 900. He was robbing the bank
for several years. He was living a lie
every hour. He was doing it by racing,
by gambling and was drawing the
money out by checks. There was not
D1pplaat IF that that H.. -
rotten through and through. He had
to use somebody's checks. He sent for
Cotter and asked him If he could not
raise $40, 900 or s12,0 900, and afterward
took his flight. He came home and
when he made his confession took this
dreadful step further and attempted to
drag this defendant down with him,
What his object was is not made clear.
lie is o puzzle and monstrosity of
crime. Were it not such case as it is,
of imputed crime, it would be plain,
but. it stands based solely on Boggs'
evidence.
Mr.. Higgins defied the government
to point out any evidence to show that
he was giving checks with the knowl-
edge that the money was to come out
Of the bank. He commended that the
documentary evidence, were it not
poisoned by Boggs' lies, would stand as
wall Of defence for Cotter, and,
asking that the jury take Boggs' evil
dence into careful consideration, OK
pressed the belief that his client would
be acquitted.
Mr.. Higgins finished his address at
800 O'Clock, having talked for three
hours.
CLOSING ADDRESS BY DISTRICT ATTORNEY
,yANDEeRIFT.
Immediately after Mr.. Higgins had
finished. District Attorney Vandegrift
oegan the closing argument to the jury
and talked for trifle over half an
hour. He said it was perfectly natural
for a person having a weak case 10
resort to abusing the other side. Boggs,
he said, had not the interest to pervert
facts in the case such as the defendant
would naturally have. 1t would be
perfectly natural for person having
started on the downward road with a
young man in bank, to do what he
could to shield himself when charges
were brought against him.
Cotter, Mr.. Vandegrift said, was up
to his elbows in robbing the bank. He
was the man on the outside and Boggs
was the one on the inside. Boggs is an
intelligent and capable man. He has
grown to the estate Of man and has had
much experience since he first ran up
against this crowd. His first offence
was committed in 1893, six years ago
He was in his twenties and some OF
the men who were assisting him to
rob the bank were in their fifties. He
was in Dover and they were in Wash
ington using money obtained from him
in betting on the races. The counsel
for the defence has depended for argu-
ment upon abusing William N. Boggs
and the wording of some of the letters.
Boggs and Cotter would have been fools
to come out in their letters and say
they were looting the bank.
Mr.. Vandegrift impressed upon the
jury his desire that Cotter be given the
benefit of any doubt that might exist
in the minds Of the jurors.
1t is very true, Mr.. Vandegrift said,
that Boggs was considered man OF
lrreproachable character, but Cotter
knew he was not q man of irreproach-
able character. The defendant knew
he was just what subsequent events
have proved him to be. Ii is true some
OF tie money taken from the bank by
some of the people was returned to il
and others intended to return money
50 taken, but had it all been returned
those who had taken il would not have
been absolved from guilt. They would
be lust as guilty.
The district attorney said he would
not want to indict a man on the testi.
mony of an accomplish were he not &C
quainted with the facts. Cotter's
counsel said the government was moi
trying one of the criminal class, q
known crook. Mr.. Vandegrift said he
made no such allegation, but if he
Knew Of an intelligent man doing dis
honest thing he would be in favor Of
administering more severe punishment
Than to the poor devil who was not SC
boggs found in Cotter, Mr.. Vande
grit said, a man in whom he thought
he could confide and he went to Cottei
and told him his troubles. The district
attorney reviewed some OF the evidence
ana told the jurors the principal things
.hey would be called upon to take intC
Consideration.
4, Mr., Vandegrift drew the attention o.
tle Jurors to the fact that if the,
should fiud Cotter guilty under somt
OF the counts in the Indictment hi,
eentence would be between FIVE and tel
selrs, and IL he should be convicted OF
ee.her counts his sentence would be ;
nhe not exceeding $40, 200 and i'm
t.isonment for not more than two years
t uut impressed the jurors with the fac
suss they had nothing whatever to d,
WIN the consequences. Their dut,
sshaed with the verdict and it was hopet
mat they would agree.
MI W. Vandegrifts closing argumen