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

new jury VIII pc drawn to try other
cases, which are lisely to come up at
the April term, which will begin on
April 18th.
Attorney Anthony Higgins asked that
David j. Reinhardt, who is assisting
him with the defence, sbe admitted to
practice in the United States Circuit
Court, but Judge Bradford said he
could not grant the request until after
Mr. Reinhardt is admitted TO practice
before the Court of Chancery.
The trial was resumed on Tuesday
afternoon. Tho first half-hour, from
go until 3 O'Clock, was consumed by
the defendant and his attorney,
Anthony Higgins, in examining a
number of letters from Cotter to
Boggs. All were admitted in evidence
except one, to which the defence oh
iected. Tho letters related chiefly to
checks which had been testified to.
William N. Boggs, upon resuming
the stand, continued his story about
his connection with Cotter's affairs.
Cotter, he said, suggested that he 1.-THE
witnessl engage In some real estate
deals with Cotter, with the idea of
making up for some of Boggs' losses.
Cotter knew tho situation at the bank,
witness said, and he (witness) jumped
at the idea of realizing something from
real estate. He agreed TO pay Cotter's
checks required in the deals out of the
funds of the bank, and, in addition to
paying them, witness said he also paid
some of Cotter's private checks, from
which he (Boggs) derived no benefit.
Boggs said the officers Of the bank did
not know anything about the Cotter
transactions, and if they had they
would not have permitted them, so far
as the bank was concerned Cotter had
no credit at the bank and witness had
difficulty on several occasions getting
the checks through. On one occasion
Cashier Bateman ordered him to close
Cotter's account.
Several checks and letters written to
Boggs were submitted to Boggs and
identified, after which they were
placed in evidence.
Mr.. Vandegrift handed Boggs a
letter from Cotter to Boggs, which the
latter said referred to u check for $50
on the Market Street National Bank of
Philadelphia, given in February. 1893,
| and another check in favor of Franklin
| Temple, for $50, given in July, 1894.
Two old checks aud asked him not to
ooii eoihopouys WV ihipi"is oniy poihb
given.
Boggs was shown schedule contain
| ing figures, and referring to an item
of 5000. Oh, no said it represented Cot
ter's Indebtedness at the bank on De-
cember LIST, 1904, and included the
Franklin Temple check for $50, u
check for $40 in favor of Thomas
White, and a check for $50 in favor of
O. 3. Prettyman. The last two, he
| explained, were to assist Cotter to
make deal on the Shultz farm
near Harrington. Boggs said this
was his first real estate transaction
with Cotter and he (Boggs) was
interested to the extent that il the
venture turned out good he was to
profit thereby, the money to 60 toward
reimbursing the bank for money taken
| therefrom. Witness also spoke of
several other real estate deals, in
Guiding one concerning some houses on
| Albemarle street, Philadelphia, and
another concerning tract in Duck
Creek hundred.
Referring to the check in favor of
Michael J. Kelley of Philadelphia,
Boggs said Cotter told him he did not
expect the check to be used, but if it
should be used he wanted Boggs to
take care of it and promised to have
the money in bank shortly.
Witness did not know what became
of the Albemarle street houses and the
Duck Greek deal was failure.
On January 25th, 1896, he said, he
paid check of Cotter's for S4o, in
favor of William Anderson. This, he
explained, was the beginning of pay
ment on SOME coal land in Centre
| A., Ii. L. g.,
buying. According to his recollection,
they were to buy 1000 acres. This,
he said, was another venture of his
and Cotter's to assist him out of his
difficulty. Boggs enumerated num-
Der of checks given by Cotter, most of
which, he said, were for the joint use
of himself and Cotter, while some were
for Cotter's benefit. The money in
each case was paid frotn the funds of
the bank. A check in favor of l.. III.
Fultz for S124.42, witness said, was for
his benefit, as it represented the
termination of a deal which resulted
in u property being decided to him
witness and his wife. Boggs said
Cotter sent him two notes from John
|. Rankin to Cotter, one for $50 and
the other for s70 but he was unable
TO get them discounted, and therefore
realized nothing on them. He so in
formed Cotter. A $40 check repre-
sented an interest in u deal on 1876
acres of land in Centre county, Pa.
Two checks of f. Il. Cooper, one for
500 and the other for $500, witness ex-
planned, were sent to Cotter. He be-
lieved they bore Cotter's endorsement,
as Cotter notified him lBoggs) by
letter that he had received the money
and it was applied to the purpose
intended, deal on six houses on
Manley street, Philadelphia. The
Centre county, Pa, land also figured
in this deal, mortgage for $4,000
having been secured on the Centre
county land. A check for S6l.75 dated
December 18th, 1896, given by L. Il.
Cooper to Cotter, witness said, went
to pay taxes on the Centre county land.
A check for 500, dated January 10Th,
1897, he thought. was for deal which
must be still pending, as he has heard
nothing from it. Tho amount involved
in his deals with Cotter, witness said,
was about $4,000, The money was paid
out of the banks funds and was lost to
the bank.
Boggs detailed an arrangement, which
he said, existed between him and
Cotter He was to pay Cotter's checks
and Cotter, who, he believed, had a
kindly interest in him, was to helI
him out by means Of real estate trans.
actions. The real estate transactions,
witness said, were not the first trans,
actions with Cotter. Prior to that
time he had granted Cotter favors,
cashing his checks, &c. Cotter, he
4 4. IL. IL LII