The sun., 1898-12-14

be the baldest attempt to misrepresent a
man that ever heard Of"
Judge Bradford looked down sternly
on that attorney as he finished his re-
mark and then said sharply, "Mr. Bird,
you better be careful to whom you apply
that language" :
An attempted explanation and apol.
ogy from Mr.. Bid was interrupted by
Judge Bradford, who continued: II
wish to say to you now, Mr.. Bird, that
l consider it extremely improper, applied
to the Court"
When Mr.. Bird endeavared to continue
the Court informed him that his case
had been presented far enough and he
need not say anything further.
The incident produced great effect in
the court room, as various former attacks
made by Mr.. Bird on Mr.. Vandegrift
had been noted. However the insult Of
fered the court was quite surprise and
was commented on earnestly.
The court admitted the question and
Mr.. Kenney said that the retainer re-
ceived by him was from Mr.. Addicks for
legal services to be rendered at q session
Of the Legislature, relative to an impend.
ing divorce suit.
The defendant was unable to explain
why under those circumstances he had
made out the bill to the Bay State Gas
Company and that he had received $500
for services never performed.
Great progress was made in the trial
yesterday. The case proper has closed.
Mr.. Vandegrift began his prayer late in
the afternoon and will continue this
morning when court opens at 10 o'clock.
Argument by counsel will follow and it
is probable that the charge to the jury
will be delivered either late this after
noon or tomorrow morning.
When court opened in the morning
Senator Kenney's law partner, Arley B.
Magee, took the stand. Witness said he
frequently had the defendants pass book
posted. He frequently had It posted
without asking Kenney, nearly always
doing so. Witness was at the Univer-
sity of Virginia from June % to August
20, 1896. He did not know that the
book was not posted in that time, al
though the book showed that such was
the case.
Under Mr.. Vandegrift's cross-exami-
nation Magee said he did not keep Ken
ney posted concerning his accounts and
whenever there was not money there to
meet his checks the officers of the bank
would notify him and he would make
his account good.
Witness said he frequently filled out
Kenney's deposit slips and sometimes
they were filled out by Kenney. He was
handed several and asked to single out
those he had filled out.
OF the 5S slips handed to the witness
he said six were in his Handwriting. He
explained that many time the deposit
slip and money were left on his desk to
be deposited, the slip being already made
out. Relative to the Anderson contract,
witness said he put it in pigeon hole in
his desk, but he did not know what be-
came of it. He thought Kenney cut off
the assignment the week Boggs left. He
never mentioned the matter to Boggs.
Mr.. Vandegrift asked the witness il he
knew anything about three promisory
notes, in blank, left by Boggs with Ken
ney. The defense objected, holdiog that
the question was not proper in cross-cx-
animation and was sustained.
Edward F. Faucet. telegraph operator
at Dover. was next called by the defense.
He remembered receiving telegram for
kenney from Cuthbert 4 Company, ad-
vising him of the sale of his stock. 1t
was dated July IS, 1896. When the
message reached Dover he got it to Ken
ney as soon as he could, communicating
it by telephone.
Amos Cole, of this city, formerly of
Dover, who is under indictment for aid
ing and abetting Boggs in robbery of
the Dover bank, said he went to Kenney
to borrow money on one occasion. Ken
ney did not have it, and he and Samuel
W. Hall thought he could get it from
the building loan. Subsequently he got
note from kenney to Boggs, request
ing the latter to loan him some money,
the understanding being that the loan
was to be paid back from money bor-
rowed from the loan association, pro.
vided the latter loan could be negotiated.
Witness borrowed $3.50 from Boggs. The
transaction was at Coles suggestion
and kenney did not guarantee anything
about it, but, as counsel for the loan
association. made an effort to get Cole
loan from it.
John H. Jones, of Dover, treasurer of
the Peoples Building and Loan Associa-
ton OF that town, was called by the de-
fense, and Mr.. BiggsIasked him, if as treas
urer of the association, he had not de-
posted checks of people who had not
suthclent money on deposit.
Mr.. Vandegriit objected and was sus.
tanned. Mr.. Biggs asked witness if be
knew whether any officers of the bank
had carried any checks that were not
good. He did not know. The defense
noted an exception. Counsel for defense
stated that they rested their case.
William N. Boggs was called in re.
buttal and testified concerning his in
come in 1896. Relative to Kenney's
statement that he Boggs) received from
the sale of Baltimore Building and Loan
Association stock, $575, he said the ex-
act amount was $51l.29. Some of the
money which had been spoken of as
salary was really return of money that
had been loaned to him.
SO far as he could remember, the wit
ness said his loss on the 100 shares of Bay
State Gas stock was about 5000, instead
OF 81 .4O7, as had been testified to, He
said he did not think the 81 600 deposit
OF July 8, 1896, to which his initials