Evening journal., 1899-04-05
IN THE JURY'S HANDS.
Case Against William E. Cot
ter Concluded This Morning.
JUDGE BRADFORD's CHARGE
AN ABLE EXPOUNDING OF THE
FACTS OF THE CASE BY HIS
HoNOR-MR. VANDERBILT cfosEs
FOR THE GOVERNMENT IN A
c..r.r-.-.. .r.,.r,r,.... NJ. n.I1r, rrrrU

HONOR-MR. VANDERBILT CfOsEs |
FOR THE GOVERNMENT IN A
STRONG ADDRESS TO THE JURY.
At yesterday afternoons session Of
United States District Court, Anthony
Higgins closed his argument for the de-
fense in the case Of the government w.
W. L. Cotter.
In concluding his remarks Mr. Higgins
said ne dened the district attorney toI
point out q word Of written testimony toI
show that this defendant had the slight
est knowledge that this money was being
| taken from the bank. This man was
hopeful. He was a real estate agent, en-
gagged I'm a legitimate business, honest and
industrious. So he stood until Boggs'
poisonous lies were directed against him.
| There Is no evidence to show his com.
plicity I'm the matter and it viii be an
easy matter for the jury in the discharge
Of its whole duty to declare him not
guilty.
THE CASE CLOSED.
At 3.35 o'clock Mr.. Vandegrift began his
closing address and took up the indlct-
ment and explained the different counts.
The argument Of the defense. ne said had
case is weak. to try to strengthen II by
abusing the other side. Boggs has less
reason to lie than this defendant. The
prison doors have closed on William n.
Boggs: they are opening for this defend.
ant. Take the testimony Of William N
Boggs in connection with the letters and
the books. If anyone here had started
on the downward path with a young man,
who was teller I'm the bank. had dealt In
stocks and straw men, drawn checks
when there was no money to meet them,
he would be tempted to try to save him
= self
If Boggs had never come to the stand
, these checks, these letters, and these
books would speak for themselves. The
government has done nothing in the case
but what was its duty. This defendant Is
meeting the natural consequences of his
= own acts. The grand jury, brought here
from all over the state, placed their hands
upon the Bible to do their duty, and or.
: dered this prosecution to be made.
= Boggs is bright and capable. He IS more
so than when he made his first misstep
, Back in his twenues he was when h'
!, made #. This man played the races fol
. William n. Boggs This man. old enough
y. to be this young mans father did this
From that day on this defendant contin
ued to draw checks. They rolled on from
- one thing to another with the same re
suit. On March 81 Boggs cries out tina
a Cotter has tied up all his money. Doe
that look like Boggs had made money? ]
- there is doubt about this mans guilt
,s give it TO him. DO not let your sympath
: for the district attorney or for William n
Boggs sway any of the jury to do wrong
al Never again can Boggs hold any posiuo
=. in a community where he is known; hi
~ life is practically ended. Why should h
not tell the truth?
NJ This defendant knew that Boggs wa
m not a man Of irreproachable character
He knew he was playing the races, h
Of knew Of his bucket-shop transactions, h
IT knew Of his gambling.
ye Boggs could not take more money froi
in the bank The funds had been nearly es
c. hausted. so far as these men We're cor
er cerned. Mr.. Vandegrift said that the gui
f. Of Cotter was as clear as the sunligl
of on the outside.
nd Court adjourned at the conclusion Of Il
c. district attorneys argument until tn
re morning.
is CHARGE TO THE JURY.
H. At the opening Of the session this morl
ot ing at 10.45 o'clock, Judge Bradfoi
nd began his charge to the jury. He state
to that W. e. Cotter was indicted und
40 statutes Nos. 5,2O9 and 40, Revised sta
OF utes of the United States and read II
nr clauses contained therein relating to Il
r. case in question. In the original indie
de ment, he said, eleven counts were co
nd tained but Of these Nos. ., 4, G, s and
ed had been abandoned by the district alto
ney. Counts Nos. 1 and 8 charge the d
az fendant with wilfully aiding and abettil
IN W. n. Boggs to abstract the funds of &
90 First National Bank Of Dover, and
ed convict the defendant on these counts I
Or jury must be satisfied beyond a reaso
he able doubt that he did wllfully. unla'
A. fully aid and abet said Boggs to abstra
IN. the funds of the bank. That counts NJ
,ch and charge that the defendant did q
-. and abet said Boggs to misapply t
sso funds Of the bank, and such must
clearly proved to the minds Of the ju
In before a verdict Of guilty can be found
sa Count No charges the defendant wi
conspirng with said Boggs to abstr'
-. the funds of the bank, and count No.
ole L ehdlbeS MN Win cOuSplIluS Win DUE
ser to misapply funds of said bank. In
for der 10 convict. it is necessary for the j.
the to be satisfied beyond a reasonable dol
IleI / that Cotter. in connection with Boggs.
ing commit some unlawful act as set forth
the the counts.
I'M Circumstantial evldesce can be cons
,ld cred as well as direct evidence, and
see guilt Of the prisoner does not depend
to the fact that the bank recovered all
for part of the money alleged to have b
all. distracted. In speaking of the checks
I'D mitted in evidence and not charged in
tax Indictment Judge Bradford stated t
at the reason for such admission was I
IS they tended to show the motive the
re- fendant had for securing funds from
the bank, but no verdict can be given on
not checks not contained in the indictme
.,.b found.
the The testimony Of Boggs can be con
gbt ered but Il is usual for the court to
col. struct the jury in cases where the
less ness is a convicted criminal that his
we, dence should be believed only so far