Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1898-07-14


Bank OF Dover, aside from the four
irregular entries testified to by William
N. Boggs and aside from the alleged
fraudulent checks, during the period
covered by the cbecks In the indict-
ment.o
T.. Ii. Ball WIS called to the stand
by the prosecution, but 1t was found
that his testimony was unnecessary aH
counsel for the defence admitted what
he was to be called upon to prove, and
In this connection Mr.. Vandegrift in
formei the court that 1t was admitted
by both sidBe that Mr.. Ball was the
assignee of L. b. Cuthbert & Co., md
az such assignee is the custodian of
the books and papers OF the company
which have bsen or will he offered in
evidence in the case.
Mr.. Vandegrift called T. Edward
Ross. an expert accountant of Phila-
dslphia, to prove the similarity Of the
entries in Senator Kepnsy's pass books
and the individual ledger. 10 reply to
Mr.. Vandegrift, he stated that the
balances in the pass books from May
Let, 1896, to February 5th, 1897. agresd
with the balances in the individual
ledger for the same period, with the
exception OF the four entries mon
toned by William N. Buggn.
Mr.. Vsndegrift asked the witness
what. Senator Kennpy's balance would
have been on May 18th, 1896, if the
$3.50 Cuthbett check had heen charged
up. The question was objected to and
was withdrawn.
At this jnncturs there was tilt ba-
tween Mr., VaDdogrift and counsel for
the defence as to whether the pasH
books were in evidence. Mr.. Bird
claimed that they were in evidence. as
notice had been served by Mr. Vande-
| grift on the defendant to pruducs the
pass hooks, together with some checks,
receipts and kilograms, that the pass
books had been produced on tue
previous day and were in evidence and
the prosecution must be bound by them.
Mr.. Vaudegrift said be bad not seen
the books until the previous evening.
| They had been handed TO him after
| the adjournment of court and he had
them about an hour and had found
that there had bsen three or four
erasures since the time when the books
had passed from the bank to the de-
PENDANT. and for that reason he did not
want to be bound by them.
| Counsel for the defence manifested
| HbbUuiduulbub db Aufs osnoS7
ment that he had found arasures,
whereupon the court said Mr.. Vande-
1 grift would be permitted to prove that
| there were erasures IL be could do SO.
Mr.. Vandegrift admitted that he could
furnish such proof. He said he did
not know who made the erasures.
In reply to Mr.. Vandegrift, Ac-
countant Ross made the following
| 4 rs,,,. irraOtflu ,
entries which had been referred to Ivy
William N. Boggs: IA deposit OF 800
on May 20tn, 1896 was not entered on
the inaividal ledger for three days, the
date being May 23d. A deposit OF
81, 1856. So made OF July 25th, was not
! entered on the ledger until July 28th.
Another deposit Of Si8S. 85, on Decsm-
her 7th, was not entered in the ledger
until December 18th, and the fourth
deposit OF S725, on February I'd. 1897,
was not entered until February 9th. !"
lie explained that it was the custom at
the hank to enter deposits which came
In after noon on the books on the fol
lowing day.
when was the comparison between
the pass books and the individual
ledger made?'' Mr.. Vandegrift asked.
"Last evening"" witness replied.
4 Mr.. vandegrift then said: From
your examination, state what was
shown in the accounts of r. Il. Ken
ney by the individual ledger of May
18th. 1896"
| Mr.. Bird objected. He informed Mr..
VANDERBILT TINT the latter had shown
that before by the men who kept the
boose ana it would be merely waste
Of tina to go over the ground again
the jury had already been detained
nbout an hour and half while the
balances were teing shown.
Mr.. Vandegriff thought he had q
right to show the balances by more
than one witness, if he desired, and
the court sustained him, In deciding
on this point. the court added: THE
district attorney has right to show
the correspondence between the bank
books OF the defendant and the in
dividunl ledger. and ii he can show
thar theirs have been erasures be has
!. right to do so.''
In reply to MIR. Vandegrift the wit,
meas explained how be had compared
the pass books and the individual
ledger, nnd further in reply, he stated
1896, was $3.50. Mr.. Vandegrift Their
asked him what would have been the
balance ii previous checks held out had
been charged. Counsel for the defence
objected and the question was with
drawn.
AT $50 o'clock the Jury was dis
charged until 10 o'clock Wednesday,
morning.
When the trial Of United Statel
Senator Richard r. Kenney was re-
; sumed in the United States Circuit
; Court, yesterday, the attendance
; was smaller than usual, but the cour
; room gradually filled. The doors were
; opened at 9.53 O'Clock. Senator Ken
: ney, accompanied by his counsel,
arrived at 10 o'clock, and five minutei
, later all the jurors were present. Dis
: trict Attorney Vandegrift entered The
courtroom at 10.0S o'clock, and II
, minutes subsequent Judge Bradfort
, assembled to tho bench, when the conr
-; was opened.
s Immediately altar tina jurors had re
, sponded to roll-call, Ezekiel Cooper
!; teller Of the Farmers Bank Of Dover
: was recalled to the witness stand. Re
, ferring to the ledger of that institution
(; he announced the following items o
, Senator Kenney's recorded therein
, Msy 4th, 1896, two OF 1926 each; Ma,
5tb. 1850. OF; May 9Th, 1921. So; MAJ
: 9Th, 5000; May 18th, $500; May 18th
{ $3.50; May 18th, one of $240 and one o
8 $3.50; May 2lst.t S1,014.93; June 4th
q one Of $500 and one Of 200; june 9Th
9 $500; June 10th. one Of 800 nnd one o
] S35; June 18th, one of $3.50 and ona o
q S45. II; June 10th, $500; June Goth
Q 1890. 81; June 25tb, 500; June 30th
: 5000; July LIST, $500; July I'd, 500