The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1898-07-22
In | The HANDS
OF THE JURY.
Judge Bradford Charges
the Jury in the Ken.
ney Case.

~ Ino CrOWu Ill tno SuiVoA "'""
toom was as large as any day during inc
trial of Konuey when Judge Bradford
entered tho court room at IL o'clock TINS
morning to deliver the charge to the jury
The members Of the bar are deeply III
over treatment received during the
trial There were many legal points raised
and decided and they wished to be present..
But as fate will be it there were always
about forty young women IN "tteho"ho0
and were given seats inside the rail.
\ III was ll.l5 o'clock when the Judge
,antereil tho court room. After tho jurors
were called the court inquired IL there was
= COW of the entries in the individual
ledger 30 far as the account Of r. r. Ken
ney was concerned. The list OF entries
were then handed in by the District At
torney.
j The Court then began the reading OF
the charge to tho jury. The section under
which the Indictment was brought WAS
read. Tho First National bank at Dover
was All association undor the laws Of the
United States. The counts 10, II, -, ID,
n and 10 alone are four your c,nsiaora.
sion. These counts embrace all the issues.
Counts 10, II, - aud 10 Charge the de-
PENDANT with wilfully and uplawfully aid
ing, William N. Boggs to misappiy the
funds of the bank. The other two counts
refer to the defendant. In order to flud II
verdict Of guilty you must be satilfiel that
Boggs mi.applied the money of the bank
the defendant did wilfuily, lrnuduienlly
and unlawfully aid the sal Boggs with
"A Like iptept ..r-z.r,,' -~,'-rs.' -
Y There Is unContradictea evidence that
Boggs was adcfaultcr to the extent OF
: tl07,0O0. Within a few days alterward his
deialcn. ion WAS discovered. The individ-
nal ledger showed the deposits and over
drafts Irving c. Bugs know nothing IT
the alleged fraudulent checks. W. N.
Boggs testified that when u deposit was
made by the defendant they were made
coptemporaneously with four ex:ept ons
In the individual ledger.
Isappears from the testimony not taki' G
Into consideration the alleged fraCdulInt
checks, that the individual lelger showed
the true condition of the defen ants &C.
count Thes, entries are before you not rs
Individual evidence but in connection viii
the evidence.
Before referring tn the evidence tho court
xe'erred to the points Of law. II after n
partial consideration of all tho cvlloaco
you cannot truthful!y say you have fixed
con9iction of the guilt of the defend AM
yJu have II reasonable doubt AMI should
acqu the prisoner. Testimony AS TO char.
antsr is in favor of tho defendant. What
wight Is to be given to the reputation Of
the d sfendant is for You alone.
There Is evidence in the case based on
the books Of tho banks to show that at the
time number of CHI wers drawn by
tn, defendant that his account wore either
,overdrawn to a largo amount or that the
defendant had not sufficient funds to mes
them.
The court has allowed other checks thai
those named in the indictment us cvid"nc
when the defendant did not Lave sulicien
funds to meet them, to show tho intent
You are, however, instructed that you oan
mot find the defendant guilty upon owl
sdence relating to any check except II G one
mentioned In the Indictment,
:; Tho evidence is that the amount OF ilv
checks were drawn by tho defendant an
were paid tut of the funds ct the First n;
tional bank aud not charged to the accoan
of the defendant and tho amounts wcrJ tC
tally lost o the bunk. The evidence Is CON
fiictIng as to the SOD ch 'ck. 1t WAS pal
sput OF the funds of the bank and was a to
ital loss to tho bank. If you should b ,llo,
Shat the defendant in giving checks n
above stated at the request Of B0g9s, hon
tsstly believed Boggs hal ample means
psy them and We're being PAID by Bog.
you cannot convict him The maia que
ton | J, did tho defendant willlu.lr, uHia,
fully, and frau lu'cltly dcEraui the FIR,
National bank Of Dover AMI did he SO IL
William N. Bogg5 to mi apply the funds
the INK
Much has been said o. the subj ct
toverar,ft. man NAV ,vordro,v hi. 81,
,o,,t ,,,, H., i,,o,,rt ,f ,,, ,v,t i,,on
No III All Is permitted to aid Or ab2t in Il
fraudulent misuppli l,iOn OF the funds
q national bank, with the intent to atlC
words make good the amounts, An i
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