Evening journal., 1898-12-17
in THE JURY'S HANDS.
The Case of Senator Kenney
Closed Last Night.
JUDGE BRADF0RD'S CHARGE

RETIRED LAST EVENING 6ltOtdi-
IY AFTER c O'CLOCK AND ARE
STILL OUT-INTEREST OF THE
PUBLIC.
When the case Of the United States
VS.. Richard r. Kenney WAS taken up
after the noon recess yesterday, Dis
trict Attorney Vandegrift resumed his
closing arguments to the jury
Il aam.t," said he, THAT 1t is long
way between the United States Senate
at washington and the prison to which
neoDle who violate the laws are sent.
But don't let ii be snid OF DelawaG e
That this state makes distinction De-
tween people OF high and Of low de-
gree. II Lou cannot convict a man
because he is in a high position, then
Won had better turn out Of the jail
those who Lave been sent there.
"When this defendant went to the
Senate he could have refused 10 take
! his seat. saving that he WAS not worthy
cf il. He would not have been asked
the reason, but he had MO business
there. He had committed great
crime and is now using the honor con-
ferred upon him by this state as
cloak to shield him.
.'He has no right to do this, and /
anncal to you to drive him from the
ttmple for the integrity Of the state,
for he has no business there. II you
want to walk abroad among tho peo-
ne and hear them SAY you have done
YOUR sworn duty, bring in a verdict OF
gl;.lty-"
JUDGE BRADFORD'S CHARGE.
AT the close Of Mr.. Vandegrift's ar
eu1nenk court took a recess until 4
o'clock, when Judge Bradford bfgan
his charge to the jury.
He quoted and explained the' stat
lutes bearing upon the charges, and out
lined the counts of the consolidated
; Indictment which are to be considered d,
The evidence wbs then reviewed at
great length. the court taking up tine
! history of the various checks which
hnve figured in the trial and DISCUSSING
the overdrafts created on tie defend
T ants account. as we'll as the payment
Of his checks out of the funds OF the
! bank. Upon this point Judge Bradf9TC
= said:
d s'It THUS appears that the eight above
mentioned checks draiwn by the de-
fendant on the First National Bank o.
Dover. in favor of r. B. Cuthbert (
Co. were for the benefit and advan
e tage of the defendant, and that thps'
e eight checks were paid cut of the fund
e of that bank, and we're not charged q
: the acbount OF the defendant on tn
K books thereof concurrently with thei
e payinent. but on the contrary, wer
l. withheld from the account or the de
fendant for varying periods OF time az
ter they were so paid. Inc perlou
=, ranged from three days 10 seVera
i months. AN average of tbSse varyinl
Y periods testified to amounting to abou
d thirty-two days.
% .'While the respective amounts o
= the eight checks last referred to were
q AT the expiration Of those respecsiv
n petiods. paid by the defendant to tn
10 First National Bank of Dover, tina
le bank was deprived - the use and con
's trol during those respective periods G
it's funds to the amount of the check
respectively withheld from the az
count Of the defendant during thos
periCds, the bank not receiving any In
terest on the amount of the checks fo
any portion of the p5TiOds dnrin
which they were respectively withhei
from the account Of the defendant.
$50 far as the existence OF loss
concerned, it is unimportant whethe
- on the one hand, all the funds Of th
ne hank. or. on the other. only n pOrtio
es Of such funds. are wI'Ongfully witt
nd he,d for any period. great or smal
to without recOmDense by way Of intei
&c est or otherwise. for it's deprivatio
"a Of the use and control of its money
in during such period. In, either case II
N principle is the same, although II
loss may vary in degree. Crfminalii
under section 5.209 of the Revised Sta
n. utes of the United States does NOT d.
IS pend upon the extent of the loss or II
g- jury to a national bank
''NO man who is without balan'
= to his credit in a bank, or who has ON
an Insufficient balance. has a rig
-, to draw checks for cORsideTab
% amounts. without the knowledge
" consent of the proper officials, ar
- with a fraudulent intent THAT q
- moneys cs the bank in which he his
~ funds CT not sufficient funds to
~ credit should be applied to the pa
y. ment of those checks. The defenda
y cannot be convicted unless he had
20 WRONGFUL or Illegal INTENT to inju
-. - or defraud the bank in drawing the 9
~ legged fraudulent checks.
eH DOES NOT MITIGATE.
Whether or not he had that inte
is to be determined by the facts al
circumstances and the surroundings
N the time he drew those checks. If
y. knew or had good reason to belle
S when he drew the checks that they
any of them were to he fraudulent
'ili phid by William n. Boggs, 1ie tell
5ht cut Of the funds of the bank, and r
De cut of amy funds to which he, the {
or fendant. could legitimately resort,
no, had the guilty intent, and although
req may have been the intent OF the
ing PENDANT at the time he drew the
uhe legged fraudulent checks to finally r.
az omperse or remedy the INJURY RESULT
from his act to the First Natiol
Bank Of Dover, such an intent to q
rect the wrong does not absolve h
X. from guilt.
for $50 IL you are satisfied that th'
sex WAS a fraudulent scheme. RlderstaI
nth ing or agreement between the defer
attic ant and William n. BOgIgs that
-nd / ofc1,f obelcayss dr7ouyn by- fhp dpfpndt