The sun., 1898-12-10

NJ
The Hanover Bank; on August llth, a
draft Of T. s. Clark on w. Schwartz, for
81 1896. 40, was sent to the Hanover Bank.
Under cross-examination the account
ant said that the bank had not lost a
cent through the Kenney transactions.
The next question put to the witness by
Mr.. Bird, Kenney's attorney was some-
what Of surprise. 1t was: "Did you
say to George H. Gildersleeye, of Dover,
a Juror at the trial of Senator Kenney in
July, that you congratulated him TOR
holding out for the acquittal Of Senator
Kenney?" "No, SIR"
"Now be carefully interpolated Mr..
Bird. "Did you not make such state
ment to Mr.. Gildersleeve in the presence
of Messrs. Citizen and Rexmire at thelr
place of business on Market street, Phlla.
delphia?' A smile stole over the lace OF
the witness, and he replied: Il never
saw Mr.. Citizen or Mr.. Rexmlre. l
was never in their place OF business.
Ny brother, however, is employed oy
them"
This answer visibly shocked Mr.. Bird.
The opinion was expressed in the court
room that he had lost the trick.
Thomas J. Ewell, reporter for the
Baltimore Sun, testified to the genuine
ness of an interview with Senator Ken
ney on June 10, 1898, and printed in the
Sun, in which Kenney said he knew
Boggs was in trouble at the bank, and
that the teller told him he was de-
faulter. This was in October, 1894.
Robert G. Fulton, who was in the en-
ploy OF Cuthbert & Co. in the spring and
summer of 1896, said he had been given
power of attorney to deal in stocks for
Boggs. Harry A. Richardson, president
of the bank, said Boggs had no authority
to carrv:checks or loan the banks money,
and everything of that nature was done
without the knowledge of the officials.
District-Attorney Vandegrift stated
that the Government would rest here.
The defense then opened and Mr..
Biggs addressed the jury. He admitted
that Boggs had told Kenney he was 8
defaulter, but that the defense woule
prove the amount was mentioned, and
that Senator Kenney advised Boggs, al
his counsel, to make good the deficit
From that time until Boggs' flight in tn,
following year Kenney never discussed
the defaication, and was under the i'm
preston he had made the amount goot
in the meantime. Counsel also said TIN
defense would prove there had neve
been an understanding with Boggs in re
gard to his carrying or Withholding tn
defendants checks, and that the de
fendant was unaware that it was eve
done until after Boggs return from
fight. Whatever checks he had eve
given Boggs, counsel said, were given a
an accommodation, and without an
fraudulent intent, and the defendant ha
no reason to believe they we're nc
charged against his account.
A recess was then taken until 2.3
. o'clock.
Promptly at 2.3O o'clock the Circui
Court onvened and Walter f. Sextor
bookkeeper of Cuthbert & Company
testified relative to the order book {
J that company. He said that it wa
probable that orders had been receive
from the defendant and Colonel =.
! Cooper on the same day. 1t had bee
Z claimed that the two never sent an orde
on the same day,
Mr.. Biggs then called Richard r. Ker
:, ney to the witness stand. Judge Brat
u ford asked the defendant if he wished
J; testify in his own behalf. Mr.. Kenne
replied that such was his desire and /
= took the stand.
+ In answer to the opening questions
). Mr.. Bggs, Senator Kenney said that +
e was born in Sussex county, where h
n parents still live. He went 10 Dover
% l87S. There he studied law under tt
= Hon. Willard Salisbury. He was electe
\ to the Legislature twice, and in Octobe
'' 1881, was admitted to the bar as a pra
!. ticing attorney. j.,
ls Senator Kenney said that he began IL
j practice of law in Dover.
"Have you ever held, since your tern
u in the Legislature, any other office in Il
y State OF Delaware?" said Mr.. Biggs.
IL was at one time Adjutant- General OF tt
% State" replied the defendant.
J. "And you are today United Stat
y Senator from the State of Delaware
T. eyes, SIR"
IS "When did you first know William
TX Boggs?" Il think it was some time b
n tween 1881 and 1883. At any rate jr
Y about the time when Boggs became
~ clerk in the First National Bank
" Dover"
e. The defendant said he was never in
r mate with Boggs socially. He did
a remember when the ex-teller first &C
"a suited him professionally but thought
Or was some time prior to 1884.
K. "Did he consult you in reference
to any matter in 1S92F' Eyes, in relati
&c to some estate either for himself or
10 relative"
r. "When did he first consult you re
10 tive to the trouble in which he h
n. gotten at the bank?" SIN Novemt
y 1894" "You are positive?' II am C.
&c tain"
le "Did he come to your house?" "Y
Or sir"
"Now tell in your own words wi
u, took place at that time" said Mr.. Big
NJ IL had been w. N. Boggs' counsel
u. some time. He came to me one ME
TX and told me that he was in trouble
or the bank. ! was astonished and hor
3lt fed. | immediately told him to see
X, relations and friends and make
ie shortage good before any publicity v
eu given it.
gs "pid he mention the amount OF
III, defalcation?" Gle did not"
ad "Did he tell you the way in which
Is. defacation had been consumated?' :"
Oh did nOt'