The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1898-12-14
KENNEY WAS
THEIR COUNSEL
tConsinuod from First page.)

when tho United States Court convened
this morning District Attorney Vande-
grift motioned to have The Ksnney case
opened. The object OF such course was
to examine witness In reference to me
retainer by the Bay safe Gas company.
The Government had witness to prove
that that transfer Of 800 shares OF Bay
Stute Gas stock was not made for services
for John Edw ard Addicks but rs re.
tainer as special counsel for tho Bay slate
GINS Company.
In this case Tho defendant went on the
stand undl denied the instruments made
over his own handwriting. such an ACT
on the part Of tho defendant could not
have been anticipated by the Government
and therefore as soon AS the DiStrict Az
torney had chance he pat the machinery
of tho court into service and brought this
man here to tell all about the transact ion.
when Bopgs was on the stand he tcstl-
fled that Kenney stated TO him that as no
was counsel Tor tho Bay state Gas com
pany he knew of tho inside workings Ihls
was sub .eguentto July 800 when hehney
furnished his bill for s. coo for services
rendered to the Bay Sta'e Gas company.
MIR. Riggs opposed the motion. WI nat
was there in this case to take it cut OF the
usual course of things. Why was not tins
witness produced earlier in the case
have never yet heard OF such case IN my
practice Is it competent to open chse
when it has closed and the case IS peiEs
presented to the court? Where arc you
to stop lot me ask
The ease that comes nearest to this case
is that of tho Philadelphia and iIehIoh
Railway VS.. Simpson repo ted in 10 refers.
In his opinion this was very wide door
and establishing q very dangerous preee-
dent.
MIR Bird drew attention to tho fact that
bo h sides closed at 10 O'Clock yesterday
There was ample time to secure TINS VII.
ness. There is such a thing as dlligento ol
counsel, The Government has not Deeh
diligent in reference to this Bay ota'e Gas
Company voucher and this witness now
sought to DO introduced.
This voucher was held off until the last
nomt mt to surprise us. Leave me case
open ana We will not be through una!
Christmas year. Wo would have rlgnt
to bring witnesses he to contrauict inns
witness. We arc not afraid OF TINS evil
denco but wu are not prepared to meet 1t.
District Attorney Vsndegrift said much
had been said about this case. but they
cannot produce law contrary to that which
l have presented TO your honor: Inc
State pructico is not binding on the ou-
preme Court of the United States The
whole question dcvolves upon the dlscre-
ticn Of this court.
This defendant clouked himself bohind
his counsel and client right we want me
whole ruth in this case. The Tact that
this defendant has detrncted from his own
receipt WAS brought out by The defense
This evidence ought TO so to the jury
now.
Tho Court said that jury trials connot
be lie ut open all the time. When ms 70"
ceipt was offered and admitted In evidence
yesterday anu the defendant wns called
upon to explain the Court was IN douDt
upon that question, The uncertainty was
on account of taking the contents on
whole. Tho paper showed to BIO n receipt
| for 800 shares Of Bay State Gas Stock Tor
services as counsel to tho snid company.
This paper was approved by the execu-
tive COMMITTEES of the Gas Company. This
| paper was introduced by the counsel FOR
| the Government fol the purpose OF contra.
| dieting The defendant. If the words reah
"For loyal services rendered to the bay
State Gas Company" Tho court would have
ruled out the defendent's testimony.
As the court read he case In l4th teters
! there seemed to be little. If any difference
| in the cases. In this case he District At
| torney states no had never seen this paper
until yesterday. He statos positively that
Mr. Miller knew nothing about The paper.
Under the circumstances 1t strikes the
court to DO an exceptional case and that 1t
is proper that the jury should have tho
| facts in the Case.
| j. Frank Alec was called to tho stand.
| He was shown the paper and deposad the
name thereon was his. P"ior to July ],
| 1855 he was member Of tho executive
committee and had MIR Kennep to come
! to Philadelphia. They met Addicks, and
| Kcnuey was retained as counsel for the
| company.
The eXlgencics did not arise for which
Kcnncy was engaged The court said that
| this closed the case.