Evening journal., 1898-06-20

pWtullelus twenty -HISJs twenty y-SecOnQ,
twenty-third, twenty-fourth and
twenty-fifth counts Of the said indict-
ment, and the matters contained in
said several counts, in manner and
form as the same are stated and set
forth are not sufficient in law and that
he is not bound by the law of the land
to answer the same, and that he is
ready to verify; wherefore because OF
the insufficiency of the said several
counts, the said Richard r. Kenney
valves judgment and that by this count
he may be dismissed and discharged
from the said premises in the several
counts in the said Indictment
And the said Richard r. Kenney,
according to the form OF the statute
in such case made and provided, states
and shows that the counts have the
following particular causes Of de-
mmrer to the said several counts OF
the said indictment, that is to say;
2. That the said first, second, third,
fourth, firth, sixth, seventh, eighth,
ninth, tenth, eleventh, twelfth, thir-
teenth, fourteenth, fifteenth, sixteenth,
seventeenth, eighteenth, nineteenth,
twentieth, twenty-frst, twenty-second,
twenty-third, twenty-fourth and
twenty-fifth counts do not sufficiently
set forth any offence against the said
sections 52O9 and 544O OF the Revised
Statutes OF the United States.
8. That the said first, second, third
fourth, fifth, sixth, seventh, eighth
ninth, tenth, eleventh, twelfth, thir-
teenth, fourteenth, fifteenth, sixteenth
seventeenth, eighteenth, nineteenth
twentieth, twenty-frst, twenty-second
> twenty-third, twenty-fourth, and
twenty-ffth counts do not sufficiently
: inform the defendant OF the natur
and cause OF the accusation agains
= him.
4. That the said, first, second, third
fourth, fifth, sixth, seventh, eighth
:. ninth, tenth, eleventh, twelfth, thir
teenth, fourteenth, fifteenth. sixteenth
seventeenth, eighteenth, nineteenth
: twentieth, twenty-hrst, twenty-second
twenty-third, twenty-fourth an
= twenty-ffth counts do not set forth tn
!, offence with which the said defendan
is indicted to be charged, with clear
ness, or necessary certainty to appris
him Of the crimes with which he stand
charged.
= 8. That the said first, second, thir'
fourth, fifth, sixth, seventh, eight
ninth, tenth, eleventh, twelfth, thii
\. teenth, fourteenth, fifteenth, sixteentl
- seventeenth, eighteenth, nineteentl
~ twentieth, twenty-first, twenty-secon'
= twenty-third, twenty-fourth, an
- uwenty-hfth counts do not furnish q
accused with such a description Of Il
charges against him as will enah
"e him to make his defense, or to ave-
himself of his conviction or acquitt
" for protection against further acc
sation for the same cause.
90 6. That the said first, second, thir
eA fourth, fifth, sixth, seventh, eight
ninth, tenth, eleventh, twelfth, thi
teenth. fourteenth, fifteenth, sixteent
' seventeenth, eighteenth, nineteent
~ twentieth, twenty-hrst, twenty-secon
- twenty-third, twenty-fourbh, ar
n'S ~, twenty-ifth counts, do not inform t
court of the facts alleged, g that
-ne may decide whether they are sufficie
in law to support conviction, II o
w. should be had.
Z. That the said first, second, thii
a. fourth, fifth, sixth, seventh, eigh-
-. ninth, tenth. eleventh, twelfth, tn
~ teenth, fourteenth, fifteenth, sixteen
,,s seventeenth, eighteenth, nineteen
- 80 twentieth, twenty-frst, twenty-secoi
y, twenty-third, twenty-fourth, al
~. twenty-hfth counts, consist Of sta
-, ments Of conclusions Of law and ]
OF facts constituting an accusati
against the defendant
-. 8. That the said first, second, thi
-. fourth, fifth, sixth, seventh, eigh
- ninth, tenth, eleventh, twelfth, ii
- teenth, fourteenth, fifteenth, sixteen
- seventeenth, eighteenth, nineteen
- r. twentieth, twenty-frst, twenty-seco
-. twenty-third, twenty-fourth,
~. 80 twenty-ffth counts, do not set 70
80. 80 that the money funds, or credits sp'
-, 80 - fed in said counts were in any man
80 80 or form depleted or lost to the Natl
al Banking Association.
fter 9. That the said first, second, tn
,1sea fourth, fifth, sixth, seventh, eigl
,tbs ninth. tenth, eleventh, twelfth, &
,al,e teenth. fourteenth, fifteenth, sixteel
,rses seventeenth, eighteenth, nineteel
: nm twentieth, twenty-frst, twenty-secC
twenty-third, twenty-fourth, a
ined twenty-ffth counts, do not set K
oggs that the National Banking Associa'
II Of was in any manner injured or
Or