The sun., 1898-12-17
CHARGE 70 kENNEY JURY
Judge Edward q. Bradford's
). Learned Address to the
Twelve Jurors.
CLEARNESS IS ITS FEATURE
This Eminent Jurist States the Vital
Issues of the Great Case Against
the United States Senator
With Sterling I'm
partially.
CLEARNESS IS IT'S FEATURE

SCateS agalnst UnlteQ states senate
Richard r. Kenney held the attention o
the jury throughout one entire week ant
two days in the following week; th'
Governments prosecuting officer lait
the case Of the people before the sam,
jurors; counsel for the defendant pleaded
to the jury for their client; and yester
day afternoon from 4.30 o'clock until tn,
hands of the court room timepiec,
marked half past six the law in all it
majesty commanded the attention of th,
twelve men who are now endeavoring t,
decide the case on the evidence in thei
possession.
The law spoke through Judge Edward
G. Bradford, who has been sitting in th'
Kenney case. Judge Bradford came OF
the bench at 4.3O o'clock and addressin,
the jury, said:
GENTLEMEN OF THE JURY:
Two indictments were found by tn,
grand jury and presented to the Distric
Court of the United States for the dis
trict OF Delaware, against the defendant
Richard R. Kenney, being No. of thu
April term, 1898, Of that court and No. j
of the June term thereof. These two in
dictments having been remitted to this
court have been consolidated for trial to.
gether before this jury, to avoid con
fusion or embarrassment, as well as un.
necessary expense; the indictment No.
of the April term, 1893, has been desig-
mated consolidated Indictment, part /,
and the indictment No. OF the June
term, 1893, has been designated consoli-
dated indictment, part 2. Consolidated
indictment, part l, as it now stands,
charges the defendant with violating sec.
ton 5000 of the revised statutes Of the
United States. That section is as fol-
lows:
'SEcuoN 5000. Every president, d.
rector, cashier, teller, clerk or agent of
any associotion, who embezzles, ab-
stracts or willfully misapplies any Of the
moneys, funds, or credits of the associa-
tion; or who, without authority from the
directors, issues or puts in circulation
any of the notes of the association; or
who, without such authority issues or
puts forth any certificate OF deposit,
draws any order of bill OF exchange,
makes any acceptance, assigns any note,
bond, draft, bill Of exchange, mortgage,
judgment, or decree; or who makes any
false entry in any book, report, or state
ment Of the association, with intent, in
either case, to injure or defraud the as.
sociation or any other company, body
polite or corporate, or any individual
person, or to deceive any officer of the
association, or any agent appointed to
examine the affairs Of any such associa-
tion; and every person who with like in
tent aids or abets any officer, clerk or
agent in any violation of this section,
shall be deemed guilty of misdemeanor,
and shall be imprisoned not less than
five years nor more than ten."
Consolidated Indictment, part 2, as it
now stands, charges the defendant with
violating Section $40 of the revised
statutes Of the United States, as amended
by the act Of Congress of May IL, 1879.
That section, as SO amended, is as fol-
lows:
"SEcrIoN $40. II two or more persons
conspire either to commit any offense
against the United States or to defraud
the United States in any manner or for
any purpose, and one or more of such
parties dc. any act to effect the object Of
the conspiracy all the parties to such
conspiracy shall be liable to a penalty of
not more than ten thousand dollars, or
to imprisonment for not more than two
years or to both fine and imprisonment
in the discretion of the Court
The words 'any association as used
in Section 500 above quoted relate to
any national banking association organ
lied under the laws Of the United States.
The First National Bank of Dover is ad-
mitted to be and to have been at the |
time Of the alleged commission by the
defendant of the ofenses specified in the
consolidated Indictment such an associa-
lion. Consolidated Indictment, part l,
as returned by the grand jury, originally
contained twenty-five counts, numbered
serially.
A number Of these counts have hereto
lore been disposed of and are not for
your consideration. The counts in con-
,olidatsd Indictment, part l, remaining
'or your consideration are counts num-
oered ten, eleven, twelve, thirteen, sew
,nteen and eighteen. Consolidated in
lictment, part 2, az returned by the
rand jury, originally contained eleven
counts, numbered serially. A number
" these counts have heretofore been dis
,osed of and are not for your considera.
ion. The counts in consolidated in
lictment, part 2, remaining for your
onsideration, are counts numbered one
nd five.
You will bear in mind the numbers of
he counts just mentioned which are for
our consideration in order to avoid con-
using any Of them with other counts
riginally contained in the two parts of
he consolidated Indictment. I repeat,
. aid your recollection and prevent any
Misunderstanding on your part, that the
ounts in consolidated Indictment, part :
which remain open for your considera-
on, are counts numbered ten, eleven,
Telve, thirteen, seventeen and eighteen,