The sun., 1898-06-14

APPLICATION
IS REFUSED
Judge Bradford Denies the No
ton Asked For In the
Clark Demurrer.
TRIAL TO COMMENCE TODAY
William E. COtter SurrenderS
Himself to Justice.
me Case Of United States Senator
Richard Hollins Kenney TO be
Tried on Tuesday Next in
the United States
Circuit Court.
TRIAL TO COMMENCE TODAY

In the United states District court
kse YESTERDAY afternoon Judge Bradford
N an opinion consuming Ole hour de-
ned the motion OF John Biggs, ESD,
yxDsel for Thomas s. Clark, for the MI
ing OF the demurrer against certain
,nnis in the bill of Indictment charging
Clark with aiding and abetting William
3. Boggs in misapplying funds OF the
first National Bank OF Dover.
When the demurrer was filed by Mr..
Biggs his chief contention was concern
ing two checks for $50, which are al
ksed To have been given to L. Il. Cuth-.
bers l. Co. He held that the near date OF
ste time of giving check did not specify
n particularly. Exceptions were also
saLen to the 5th, 9Th, 18th, 2lst, 18th,
zah. 33d, 36sh, 4lst and 43d counts. The
exceptions were also dismissed by Judge
Bradford.
In refusing to grant the application of
Nr. Biggs, Judge Bradford cited numer-
Ms authorities and atei that Lo
absolute particularly a 10 the date OF
siseks was required from the govern
Hens and therefore it was not necessary
sm the grand jury to set forth in the in
dnsment full details OF the acts alleged
10 have been committed by the abettof
In conclusion the court said: Now it
III trye that the checks drawn by the de-
fezsdans are not described in all parricu-
lars, but vet Won will see from the au-
sbmities quoted by me that no neces-
sity exists fer such description.
-Had this question never have been
Eszsesf before | might have had my
anahs against DENYING the motion, but
rs il has been decided by the Supreme
CsnFt OF the Uni:ei States, under almost
zanelar circumstances existing in this
ree. am forced tn say that this appll-
rssion Is refused.
During the time Judge Bradford was
delivering his opinion the strictest atten-
SION was paid hin 10y Mr. Biggs and
United >tites District Attorney Lewis C..
Eandegriii, a it Is believed that upon
sfe decision also rested the question OF
z.e Fl ing OF demurrer- in the cases OF
United SKATES Senator Richard Rollins
Ae1usey, J. Frank Alice. Amos Cole
Harry F. Ford. John K Mc.ionigal
EskTle- H. Butler and William f..
GMter.
THIS. however, remains to b- -frn, as
d i5 nut Yet known what counsel irr the
iAter parties will do
Tit. case of Mr., Clark will come up for
rfll in the Federal Cours this morning,
and it il fully expect-d that the remain
der II h week will pe consumed by the
government and defense in the eXaH;na.
Nyn witnesses.
>ENATuE EENNEY'> : TRIAL
Tie trial oi senator henney in ihu
United States Circuit C4It j. >tt i0l
Tuesday II DeXs week. and the indica-
lions are thai neither Mr kenRey or hi-
cs,unseI Levi. {. Bird, E-4.. u United
Sste- senator Gray vii! ask i"T po>t'
E,Sfa-+zg.I.t.
rs4 prevailing "piDi N which i shared
III By Judge Bradford. Il strict Attorney
Nand-grit, and Me-srs Bird and GRAY
n that the case should be tried al
spe Oily ~ ppssi5j. owing t" the higt
position senator kenney holds ani thai
she people should know wi1hoU: GrlaN
xhtfher or not he i guilty.
Judge Bradford has not as vel an
nnnncea VITO vii! he associated VIII
hin on the BENCH during the trial O
Mr. kenuey. but the belief prevails tha
nwili b. Jndge Dallas oi the Unite,
ssaies Eircu!t court Of Philadelphia.
GAVE HIMSELF TIP.
Edwin L. Cochran. Jr. created ss,,n4
xhss Of surprise in Federal Count abon
40'clock Yesterday afternoon when h
znnuunced tha, William L. Co,ter &
Philadelphia, who is indicted ior aiiin
ard ahetting Alf Bogzs in rnisapp]yin
5uDds of tie bank was present am'
ready IL be ar aigned.
Mr.. COttey W = told Ia stand up. bu
sfter few preliminary wyrls in Tia
ndictnent had been read by { er
smith. Mr.. Cochran waived the rradin
and gave Mr. Cntter in ;he custody [
United states Marshal Short A ie
minutes later bail in the snn oi 500
aas accepted for Mr. C"tter, his bond
aan ex pressing a wish to remain III
known.