The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1898-07-14
Senator Kenney's Checks
Were Withheld by Him.
THE BORROWED CHECKS.
Got Thsm From the Senator, in Order
Not 70 Arouse Suspicion, After
Bateman Ordered the Clos.
Ing Out Of ". E. Cot
ter'S Account.
In The BOAT TOGETHER.

LIN l1E DUAL lU6El1Eh.
When the United States Circuit Court
convened yesterday afternoon William N.
Boggs took the seand. Regarding the de-
posits of Kenney he said only four were
withheld. All of the defeudant's checks
were entered up until the account was
good for them. With respect to the Cuth.
bert checks he knew they represented
transactions in Bay State Gas Stock A
check given on May II for $3.50 was for the
benefit OF kenney's account. A similar
thing happened on May n, $3.50; June 4.
$500; June g. $500; June IL, $500; July l,
$500; July 8, $1,000. Some Of these checks
were for calls on purchases of Bay State
Gas. Witness was interested in one of the
| transactions to the amount of 800. The
checks were paid when they came into tho
bank.
When those checks came in there was
notenough money to the credit of Ken
ney's account to pay them If not charg-
ed up on tho day they Calno in they were
| paid out of tho funds Of tho First National
hank. The money that paid them was OBJ.
tanned by Withholding deposits. When
check cnme In the deposit could bo with.
| held orit could be entered as a cash item.
Ii mans check Is received and carried as
| so much cash for tho day it does not ap-
|
; the drawer was not liable to be looked in-
| to by sOlI.e other bank officer.
why did you hold up the defendants
checks?' asked District Attorney Vande.
grft.
with the defendants full knowledge
on account Of our relations.
"Alr, B,ggs, W hen did he first know of
your defa!cation?"
October, 1S9j'
"HoW did be know and how much Was
1t then?"
Il consulted Mr. Kcnncy on another
matter. Gould not tell tho shortage then.
1t might DO $50, 600:
HE had nothing to do with it at that
time"
HE had not"
What transpired9 What did you tell
himf'
II told him as near as could the state
of affairs.
ANY par formulated to get you out of
the trouble?'
"Yes,1 was encouraged and il he had the
money believe he would have paid 1t off
for me. l expected to have my accounts
examined. That examination would dis
Close the true state Of affairs Then it
was that | told kenney Of tho trouble.
The men had been dealing with he was
not surprised. Thomas {. Clark was one
of the men. l told hilE of what effects
then had. kenney tried to collect some of
the money. My downfall had its origin
with Thomas S. Clark"
Has Mr. Kenney succeeded in collect
ing your caims!'
Not the large ones
1.-THE amounts were not ablo to ease you
p,.NG snyS" !, .
During all the intervening time up to
and including '96 didy ou have other con-
versations about your shortage with the
banks"
Yes we had several talks and Kenney
knew of the conaiLion of affairs"
Konney9"
we wers all in the boat together"
'1ow2'
"Mr. Konnoy knew was in hole and
knew he was in Il hole and when he help
cd me helped him"
"With respect to these checks drawn by
Mr. kenney for his own Iss and benefit3'
Until there were funds in bank to his
account to meet them"
"Were these checks finally paid2"
Eyes, they were all paid by him."
'Whs this holding out Of the checks
with the consent of the bank2"
''It was without the officers knowledge
and they would not have permitted it. 1t |
was to my interest to protect his account"
with respect to the Shaw, Anderson
and $500 Cuthbert checks who got the
benefit Of tholnS"
II did"
"Hoknew at that time you were de-
fnultcr."
81 think he did"
Give to tho court and jury the history
of that $l6 0 check to shawl
ain 1895 sent second mortgage to Cot.
ter on u farm near Harrington. Held on to
it for some time. Learned of the farm
goiag to be sold. Consulted kennoy and
Clark about the farm. Finally we agreed
to secure title to the farm.
"lhe fariu was purchased and fnally
Kclney said the Sheriff wanted the money.
then asked Kenney to give a check for
the farm and told him would not charge
it to his account. l was in the habit Of
giving my check for large amount. The
money did not come out of Kcnneys
Others" "When you credited Sheriff
Shaw's account how did you conceal itY"
"TOok the money out of the deposltor's
money. Was thai $3.50 ever paid back to
the bankS"
Il do not think it was. The farm
was very poor one. l obtained loan
on the farm amounting to l,2OO This
money was retained to meet checks that
were coming in. Relate to the court and
Jury about the Anderson checks"
Il was led into that matter by Cottcr.
Then. Cotters checks 1wero paid by me
at Dover. They came through the Union
bank. Bateman ordered Cottcr's account
closed. Then l asked Mr.. Kenney for his
checks. I went into the details of the
transaction and hoped to succeed in rais-
ing money to pay off the defnlcation."
''The aggregate of Anderson's checks
amount TO Sl255. Was that amount lost to
tho bank?'
GAN this was to allay the suspicion of
the officers of the bank?'
"Yes."
"What was the general condition Of de.
fendant's account ut the bank!'
"Mr Kennoy kept Il very active account.
He sustained losses In tho Bay State Gas
deal and did everything to protect his
credit at the bank cannot say he know
the exact way kept his credit good"
"What do the books show in respect to
your holding out other checks other than
the Anderson and Cuthhert CHI cks?'
The defense objected and thc court ruled
the question out.
"Were there or not other fraudulent
checks paid out Of the funds of the First
National bank, by the same arrnngcmcnt?'
Tho question was objected and ruled
out.
"Were there or not other checks paid out
of the bank with the knowledge of the de-
fendant and without the knowledge OF the
bank ot1iccrs?"
The defense objected and was sustained
on the ground that the defendant should
be hamperod by an unlimited time. The
question was modified by the District AT.
torney naming a date in May 1896.
Senator Gray objected.
District Attorney Vandegrft claimed 1t
was proper evidence to prove the intent.
Finally after half an hours argument
between counsel the court said the ques
tion was admissible and witness said
there were.
Bcggs looked at the individual ledger
and said the check paid Oh May was not
charged until May l3. On May y there is
an item for $3.50 and it Is charged on May
%.
"What was the reason for keeping
check from 18th until the 22nu of Mayr'
Under tho arrangement with kenney
the check was held out until kenney's ac-