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

anu leuVh iJuNbr lut Nbnuputu uu tuu |
evoning train"
Witnoss was cross-examinod by MIR.
Van1egfift AZ follows:
Vandegrift.-To what period do you
refsr?
Kopnsy-Ths throe weokB following
July slst 1896.
Vandegrift-You say You were not in
Dover more than six tines during that
periods
Kenney--I was not, to ths best OF my
recollection.
vantlegrift- Didn't you say you wero
away from Dover most of that timer
Kenney--Yss, sir.
vandegriit-That being so, look at
those slips thnnGing witnoss some hunk
deposit slips dated August. 1896.
which had MT been placed in evideucej
md SEQ IL you can toll whose handwrit
ing they are in.
Mr.. Bird ohjected, ON tho ground
| that the sins were not in evidence,
| but subsequently, withdrew his ohieo-
| tion, whereupon Senator Kenney replied
| that most Of the slips were In his
| handwriting. The cross examination
proceeded rs follows:
vnudegrift-Th are "a deposit
slips of yours, dated In July and August.
which do not include the six in owl
dence Do they refresh your rocolleo.
| tion as to whether you we're ia or out
| OF Dover more than six times during
| the three weeks following July 2lHt,
| 1896? WI
Kenney--No, they don't refresh my
memory.
TOOK CARE OF SENATOR KEENEY's OFFICE
4 ,,f nuIt.A 10
tho stand by the defence. In reply to
Mr.. Bird, witness saii he had charge
| Of Senator Kenney's office during the
three weeks following July 2lst, 1896.
lio stated that Senator Kenney had
4 askeu MIN to do go, infurming him that
he would be Mt Rehoboth during that
pBriod. telling him he did not antici-
pate much business, but il there was
any he would come up to Dover occa-
/ sidnally. Further in reply TO Mr.. BIRD,
he said Senator Kenney was iu Duvvr
about five orsix times during the three
weeks, and that during one week he
waa nat tharo at all.
4 Wituess was cross examined by Mr..
i Vandegrift, as folows;
4 Vandegrift-- What were you to do
while taking care of Mr.. Kenney's
Office?
Wjse-lIe told me to opsu 1t in the
mornings aud sit around, and il any
body called to sec him to tell them that
he was at Rehuboth.
vandegrift-Did you cit In the office
!; all Of the timer
ise.-Hometimes I was across the
street.
Vaudegrift--What other business did
YOU have while you were attending to
Mr.. Kenney's oilics?
Wise-No other business just to sit
! around there.
4. vandsgrift--You heard Mr.. Kenney' 4
testimony
Wiss-No, didn't hear II.
(: Vandegrift- Oh, you mean the testi
? mony he has just givenY
Wise Yes, sir. l would not has.
known this only saw it iu the paper
) .Bird-You mean Buggs' testimony
Wise Yes, and knew it wasn't SO.
) yandsgrift- How do you fix the mum
+. Der OF Mr.. Kenney'a visits to Dover a
six2
E Wise--I thought II was about fou
times, hut made it six so rs not to b'
+ out Of the way. | said five or six.
II Bird But ,ou are aaic in saying +
the jury that 1T was not over six trip
+ and you think not over five?
4 Wise--Yee, sir.
i With this witness the government AM
o defence both closed, and immediRtel
Mr., vandsgrifr announced that b
T would present his prayers to the court
ABSTRACTION COUNTS NoLLE rRossnI
Before reading bis prayers. Mr.
!. Vandugfift informed tine aourt that h
4 desired to enter noile prosequi as t
certain counts and cvntina the evidenr
- to misapplioation of the moneys. fund
!. and credits of the bank, and In orde
10 do 40 he would enter nolle prosequ
as to the 4th, 9th. 7th, Sth and 81
counts, leaving only the 10th, l1th
= 18th, 18th. 18th and 18th counts. Tn
" ones nolls pressed. Mr.. VANDERBILT eS
plained, refer to abstraction OF th
y funds Of the bank and the onss remain
u ing to tine 5000 Cuthbert check, th
a. Shaw check for 81, $50. the Anderso
checks, amounting to Sl,255, whic
:. were for the use OF BoRgs. and othe
~ Cuthbsrt checks, amounting to So. 50(
;! for the use OF the defendant. Nj
~ Vandogrift's request was granted an
tho counts referred to we're nolle proHset
e IL was suggested that the indiotmer
10 for the consideration of thu jury
r marked, showing the counts out an
those in, and Senator Gray said couns
W would confer In regard to that matt
before the indictment went to the jur.
d. PRAYERS SUBMITTED.
40 The prayera Of MIR. Vandegrift covers
I'D Is type. written pages, in which
O. pointed out the chief features of II
ut indictment and the law in regard
~ them. Ii was claimed that ii hE
az been shown that Senator kenney WI
le cognizant of the regulations at I'll
no bank and the fact that his deposit bot
r was balanced on April Gath, june 81
ne September Both, November 9th, 1879
and January 7th, February 18th, Apr
VI 7th and May l1th. 1897, was proof tn
n be knew at those times how his a
couuts stoodsat the hank; that he b,
IT, no right to draw checks when he hi
'al not sufficient funds in bank to me
oh them. He held that If the jury -four
that defendant knowingly aided Bog
Ter to wilfully misapply the funds of Il
*, bank hs should be found guilty. |
It. held that no man with insuifioie
N: balance has right to draw chec
OK without the consent OF the prop
n officials, and Boggs was not prop
70 official.
E. Senator Gray took UP the prayers al
rointsd out his objections. He SO
lift that after careful study Of the Gas
ng he was Of the opinion that the l3 pag
lot would have tendency to confuse t
~, judgment and mislvad the consoieat
RS To come Of the propositions he cou
st. not object, but to others he did obje'
md lie said the defence was concern
an with one great central question, that
the intent, aa to whether there was