Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1898-09-08

ing TO E4,OOO and miscellaneous Checks
AGsresating $4,000 for the Use, Benefit
and Advantage of Kennoy.
The grand jury of the June term Of
United States Court returned into
court on Tuesday afternoon about a.
o'clock with an indictment against
United States Senator Richard Il.
Kennsy. charging that he couspired
with VIM. N. Boggs, this defaulting
paying teller Of the First National
Bank of Dover, to commit all offence
against the United States The prin-
cipal difference between the indictment
and that under which Senator Ksnney
WAS tried in July ia that the new one
Ia devoted entirsly to the charge of
conspiracy, in yioiation of section 54l0
Of the United States Revised Statutes
nv amended, whereas the former in.
diotment, after Judge Bradford had
stricken out counts to which the de-
fendant had demurred, contained no
conspiracy cnunts. hut INSTEAD counts
charging that Kenney aided and ahet.
ted Boggs to miHapply the funds OF the
bank in violation Of section 5000.
Section 500 provides for imprison-
ment OF from five to ten years, and
section 544o, for imprisonment OF not
more than two years with fine Of
$1,000 to 100000.
1t Is understood that the trial Of
? Senator Kenny under the nsw indict-
ment will take place at the same time
as the new trial under the old indiot-
ment, at the October term OF the Cir.
cult Court.
When the grand jury came into the
court room Tuesday afternoon, only
one or two spectators were present.
After Clerk Smith had polled the
jurors. Foreman Henry s. Durs, Jr.,
announced that a true hill had been
found end that there was no further
business. lie handed the indictment
to the clerk.
District Attorney Lewis g. vaude.
grift stated that he had nothing more
for this jury and asked that it be re-
liered from further duty. Judge Brad
ford thereupon discharged tho jury
from further attendance and the mem
bers gave in their time at the clerk a
Office.
BoGes SENTENCE AGAIN SUSPENDED.
A few minutes afterwards VIM. N.
J'oggs appeared 10 court with his coun-
sci. Vim. E. Hilles. and Mr.. Vaude-
grift submitted motion that Roggs'
sautence be suspended until the Sep
tember term of District Court. Bnggs
sentence had previously been suspended
until the June term which is still in
session.
.Do you consider that this interest
Of public justice demands the suH-
pension?n asked Judge Bradford.
From what / know of the case, it
doep,'' answered Mr.. Faudegrift
Mr.. Hilles ooncurred in the request
- -
the prisoner, and Judge Bradford
granted the application.
THE NEW INDICTMENT AGAINST KEsNEY
Ths new indictment against Senator
Kenney occupies 100 typewriter pages
and i8 10 ii counts. The first count
alleges that Kenney on Muy 9Th, 1896,
knowingly. wilfully, unlawfully und
fIaudulently conspired with Boggs tf
commit an offence against the United
States, in that kerney and Boggs con
spired together to have BoggH en-
bezzle from the First National Banl
of Dover, sl,650 for the use, henefi
md advantage Of Boggs, with intent by
The method alleged is that Bogg
caused 81, $50 to be paid upon checl
or order made by Kenney 10 favor o
Samusl L. Shaw, sheriff, il being pait
by crediting Shaw's account there
with, and the sum being in EXCESS o
ell sums or amounts which Kenney wa
entitled to draw, and its repay men
being not then and tlisre in any wa
sscursd. In other counts. Keunsy
charged with oonspiring with Boges O.
tieptembsr cath, 1896, to have Bogg
embezzle $500 to pay obligations Q
Boggs to Il. 3. Cuthbert & Co. o
May Gath, 1897, to embezzle 81, 255, I
pay Boggs' obligations to VIM. Andel
8un, ths Philadelphia contractor. Con
epiracy to mieapply 10 alleged as TO a
three of the amounts above mentioned
All three OF this amounts figure in III
old indictment. The Shaw check wa
for the purchase of farm at sheriff
sale; the $500 check was loaned Bogg
to nay Cuthbert Il Co., and the checs
aggregating 81, 255 wsre loaned by ker
ney to Boggs 10 pay tine latter's in
terest in real estate deal with Ander
scn. N-s9
The indictment further charges tha
on June 9Th. 1896, Kenney conHpire
with Boggs to have Boggs misnppl
bank notHs to the amount Of $500
pay an obligation of Kennsy to Cutt
bert Il Co. and that ON May Gath, 1s9'
they conspired to have Boggs misappl
1touoy ioptebouboh ciNut ohosr
running from $3.50 to $1,000. to nu
obligations OF Kenney to Cuthhsrt
TO-
be 10th and 18th counts relnte
matter In the case The first
these alleges that on May 24tn, 1879
Keuney conapired with Boggs to ha'
him misapply 80, 095. 81 for tue us
benefit and advantage Of Kenney ar
in payment of his obligations. The
checks were dated as follows, heir
drawn by Kenney: May 9Th. 1896, s6o'
May 8th, $500; june lat, $500; Jur
Attn; $500; September Goth, sls4. 81.
is alleged that these checks were n
charged until later dates than the
payment by boggs
The 18th and concluding cou
chargas conspiracy on May gath, 1873
to wifully nisapply Sl,56s. 10, II
checks being us follows: May l2t
1896. s24U; june 22d, 500; June got
$500; June 30th, sl00 August 70
1923. IS. These checks ara said to ha
besn delivered to Kenney by Boggs.
The conclusion of the document
that Kenney and Boggs did the =
spectiye acts alleged in furtheran
and for account Of the unlawful, GU
rupt and wicked conspiracy, combn
tion and agreement against the pea
ind dignity Of the United States al
contrary to the statute. ",
On the back OF the indictment
the names OF the following persons VI
testified before tbs jury Il. Edwa
boss, Ezekiel Cooper, Irving !