Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1898-07-21

the TWO men.
"But still, you have the documentary
evidence. You have the result of the
examinations made by I, Edward Ross,
the expert accountant. You can leave
the evidence of William N. Boggs en-
tirsly out Of this case.
"Ths othsr side would nut have
brought Ezelriel 4. Cooper here to
testify unless they intended to depend
upon that. but look ut tho Testimony
Of William N. Boggs and that of Ezekiel
T. Cooper, and sec il there is an actual
contradiction. IL you think there is,
noe what 1t amounts to. !"
Mr.. yandegrift read from the tesii.
mony Of William N. Boggs on this
point, and also tho testimony which
Cooper gave yesterday Afternoon. lie
held that there was no material contra
diction. He asked tho Jurors to con-
slider carefully the documentary evil
donce, az. unless each number OF tho
jury was satisfied beyond reasonable
doubt that the law had been violated
the defendant could not be convicted.
cit is immaterial to me" he con-
tinusd, what you do. After have
pointed out those matters my duty is
done. -
Attention was directed to tho fact
that only two Of the IA correspondent
hanks had been examined in connec-
ton with tho case, but that by eSamin-
ing Those two banks IL had bean found
that there was an average overdraft of
about 81, 600. lie closed at 1l.05
o'clock by asking the Jurors TO weigh
carefully oil mattere connected with
the case before arriving at conoln-
sion, reminding them that they had
nothing to do with the consequences,
but were only to say what the evidence
shows.
ADDRESS FOR THE DEFENDANT MADE BY
r MIR. BIRD.
Mr.. Bird made the address to the
jury for the defendant. In opening, he
eaid he congratulated the Jurors for
thsir patience in listening to the most
infamous peraeuutions Of which he had
ever heard.
sit is a persecution, be said, "by
man who atan6s upon the records oil
this court as a defaulter to the extent
of 5i07, QUO. 1t is persecution OF one
Of the must prominent citizens OF the
State. The Indictment says United
| States va Richard Il. Kenney. II il
misnomer anti should bs 'Unitot
| States VS.. William N. Boggs.' This
man Boggs, selfconfessed rohber,
fled from justice to parts unknown. lie
returned. For what purposeP To hrinn
about the downfall OF others. Eyery
citizen of Dover is IN danger. There
| 10 no telling where this thing will stop,
This robber has hypnotized ever,
officer of this court. lie cats, Sleep
and drinks with them.
"Thia case IL divided into two classe'
the oarrying of checks AMI the clas
including this Shaw, Cuthbert and An
dereon checks. f"
Mr.. Bird read from the United State
Revised Statutes.
"Thia IL question of INTENT" b.
| continued. "'Bdggs had an intent Il
rob the hank. He intended to rob th
bank and said 60 here. II Kenne
aided and abetted Bnggs to defraad tn
bank be in equally guilty with Boggs.
| Mr.. bird read from the counts re
naming in the Indictment and i'm
pressad the jurors with the fact tina
they must believe on their oathH tina
what was contained in them waa so. v
"Ihe defendant had nothing to kee
back Mr.. Bird inserted. "The
asked for checks, papers, letters an
< contracts, and wa produced them. w
produced everything. MIR. Kenney sal
he had received notices from tn
officers Of the bank oil overdrafts; nc
from Boggs, but from -Bateman an
Irving ID. Boggs. II he knew Of thoH
; oyerdrafts and Boegs knew it, and ther
. was an arrangement between them
J why did tho bnnk officers send hil
notices Of overdrafts? Why would b
J ever pay the checks at allf II they ha
an understanding why did he make hi
, account good?
That account was made good Ion
before this defalcation was known,
i the public. Did ths bank lose
! farthingy No. Thsy all agree on that
| ir the overdrafts were made good no
did Richard r. Kennsy help Boggs
carry those checker You can ask ths
j QUESTION until doom's day and there
{ be no answer. The books show thu
, there were deposits nearly every day o,
} cept Sunday, sometimes two or thrt
in a day. The distriot attorney ga,
, they we're checked out right alonI
What do you deposit money in ban
for; to let tho bank keep it and Boys
: steal it2 Buggs was the notary OF thu
i hank and he not only swore to lies hin
!, sell but made Mr.. Batsman swear
, four lies every year. 1t you IL me
/ should send that man to confinement
would be Ia the faue of the admissit
+ on tins part of the government that Nj
i kenney had not proiited a penny by u
banks loasoH.
/ "Just think Of it. Ona of the mo
4 prominent men in the State. A ms
!. with a large and valuable practice; /
4 aspirant for the highest honora in ii
a gift of your State, and finally success
full; man with reputation of whit
' wo might all be- proud. tel, 20
a gentlemen, wnen a man stands in u
position he is in now. rcputatit
< counts You must take Mr.. Kenn
n on one hand and William N. Bugga ,
q the other. Look at the two men al
a compare their testimony.
n ''The district attorney called atte
!. ton to the fact that Boggs was contr
+. dicted by Mr.. brockson. Was be on
: contradicted by the one witness? VIII
n no. - He quoted from the testimony
= e. Il. Cooper aud said it was not roaso
able to suppose that he would PERU
I himself. and he added: "There a
!, honeat men behind prison bars. !"
/ Referring to Boggs, Mr.. Bird sal
|. "Why il this man had gone to NJ
i. York he would have rohbed Wall stree
= Lombard street, London, would n
II have been in it with him. If he oou
:. rob bank Of 81. 600 mure than
n capital without exciting suspicio
& what would he have done to Pierpo
II Morgan?
% AFTER he had gone away he wrote
Ii she bank announcing that be n
70 robbed it. lie said he had left 1,
q stamps, and, think, the real estl
!. was safe. Then he wrote / alone {
II reHponsible.' What did he nsanY"