The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1898-07-13
OBJECTIONS
0VERRULED
And the Active Individual
Ledger is Admitted.
SEN. KENNEY'S BALANCES
Had Overdrafts on Several
Occasions and AgainHad
Thousands OF Dollars
in Bank.

At the afternoon session Of the United
States Circuit Court the attendance was
larger than at any session sine, the COM
mercement ofthe trials of the men con.
necteI with lhe looting OF the First Ma.
tIonal Bank at Dover.
Living ID. Boggs was called and turned
to the active individual ledger of the bank.
District Attornds Vandegrilt-Mr. BoggS
LOOK ut the entries made by you on the
eleventh day Of May, 1895 and SEQ in what
way they refer to the account of r. r Ken.
ney.
5 'nator Gray objected to the question on
the ground OF irregularty. William N.
Bosgs has testified that the individual
ledger was irregulary kept, District At
tornoy Vandesrilt claimed that this mat.
ter had been passed upon in the former
cases Your honor ruled iu the Cooper
go before the jury for what they are worth.
fhs Cuurt-A book regularly and fairly
kept is evidences independent by itsalt
when properly authenticated. Notes sOr
memoranda can DO used for refreshing the
memory Of witness These books ars
not offered, or thi, i,quest.on is not intend.
ed 10 be used a. independent evidence II
Is proposed to make use of that book in
connection with the testimony Of u.
and W. N Bogg!. Court ruled that 1t was
proper to testify from tho ledger as to the
balances of tho defendant out jide OF the
all ,ged fraudulent CHECKS. They were 70
be considered no! as independent of then-
selves. The counsel asked the court what
was meant by fraudulent checks and were
informed tho checks in tho indict .nent.
|, d. Boggs looked at the account to
testify as to Kenney's balance on May II.
1895
On May II there was an overdraft of $sa.-
Us, May IL, s3i,i May %. $3.50; May %.
g. 50; May 81, S73Ss; June l, $a1O6; Juns
., s. %; Jun. i, Sjl Il; Juns 8, the book
was balanced ald an overlraft of s5l.45;
Juneai s!.sS; juno %, S7O67; July 10.
Sa93. l9; July H. HOLD.
The book was balanced on September 3.
The balance at that date was Sl0S?. On
there was an overdraft of S.46;
Septembe: %, IS Il.
On September 30, he had a balance of .
cents. Ga October there was a overiraft
of $l.5j, october 26. S457.O7; November 10.
Slig-?. November H. s40l25; November
lG, so a5; December II, Sja5; December 2S
$40. II; January 7, 1897, s67o; February
sci "a. The book was balanced on May 10.
1897 by w. n, Boggs. May %, sl03. IS; NJ ny
~. SS3.7S. This oyerrdraft was made good
on June l.
Al time, during tha thirteen months
kcnney had balances amounting to ever
si5lO The entries were admitted Us ev.-
teucc.
1t was here admitted by both sidcs that
Ernest II. Bal, OF New York, is Assignee
Of Cuthbcrt & Co and has control of the
books offered or to be offered in evidence.
T. Edward Ross was the last witness
called during the day, and there was a
ong dispute be5ween the attorneys ovur
the admission of Mr.. Ross testimony con.
,crning the balance on tho books. ~.
Mr., Eandegrift's first question was:
MIR. Ross have you gone over the ac-
count Of h. H. kenney and compared his
,aSs book with the books of the bank to
lscertan what wa, tho condition Of his 40.
,ount when the alleged fraudulent checks
we're givcu?" Il have" replied the expert,
Mr. Vandcgr!ft asked Mr., Ross to turn
o the ledger of May -, 1896, and ses ifa
heck for $3.50 had been charged against
senator konnoy's account.
The defense objected and said that Sem
tor Kenneys pass-book would show tho
heckl, claiming that the government
hould be governed by tho pass book, as
he prosecution had notified thu de'cnsa,
it to produce the pass.book.
Mr. Vaudegrift s,id TINT he did not pro-
use 10 be governed BY the pass'book. He
ud examined it on Monday night. and
harged that he had found that three or
Jur erasureS hal been male since the
oox was returned to Senator kenney by
he bank, af,er 1t had been balanced by
hc bank after Boggs' flight.
After considerable argument Ju1gs
;rodrord ruled that Mr.. Ross coul | testi-
y regarding tho comparisons he had
iadc between Senator knnneya pass
ook and the bloks of the bank,
How did the pass book Of Mr.. Keaney
Ompare with the account of tho detend-
Mt. AS YOU found in tho ledger?' asked
lr Nnndegritt.
THE deposit, agro9l except In four In.
,anves," aud MIR. R1:s then went on to
tate that the four instances were the
nme as those testified to by Boggs.
Mr.. Vandegrift then attempted to prove
he balances for each day, AMI to show
'hat they should have been had the al
,cch fraudulent checks been entered
gainst tho account of Senator Kenney.
lr Gray objected, and said the balances
,uld not be proved for each day, as the
alances for each day hal not been mads
, the pass.book He said that the gov
'nmcnt could prove what the balances
lould have been on the date that tho
,:s.book was balanced, and Mr.. Vande.
rift proceeded to do this
Mr.. r )ss thon testified that he balanced
enator konney's book, starting with
prl24, 1895 The pass-book at that time
,oved a balance of l,O7Sl0, and 1t was
lc same as the banks ledger, the checks
nd deposits all having been entered. Mr..
andegrlft asked for the par ,icular bal. f
oco for May IA, 1896, and Senator Gray