Evening journal., 1898-07-15
KENNEY TELLS HIS SIDE
Delaware's Junior Senator Re-
lates 4 Great Story.
HIS CASE A VERY STRONG ONE

BOGGS 'IO RELY ON, AND THE
DEFENCE'S SIDE WILL BE HARD
TO COAIBAT-THE SENATOR'S
DEALINGS ARE LEGITIMATE.
When the case of Senator r, r. Ken
ney was resumed in Tnited States
Court yesterday afternoon w. N. Boggs
again took the stand to explain the
Cuthbert check for $500. which has
caused so much trouble
1t was finally cleared up in so far as
he could creditably do it, He said that
half Of it was Mr.. Kenney's and half
his own. That Kenney paid his half
and the bank lost nothing from that
part OF the transaction, but that he
himself had not made good his half and
the bank had lost that
At this point opened the first real
and important legal issue of the trial. 1t
was one worthy of the court and the
lawyers actively concerned in the case,
and as it must result in a decision that
has no precedent in the United States
Court to refer to, will be read with
much interest by members OF the bar
Senator Gray made an application for
writ Of habeas corpus to bring Eze-
kiel T. Cooper from his prison at Tren-
ton to be present as a witness for the
defence. The judge met it by saying,
first, that Cooper was convicted in the
United States District Court and the
application was made in the United
States District Court, and Khere ap-
peared a mooted point as To the con-
sideration Of the application by him
self. There was also the question of
competency of a convict witness con-
victed of a heinous crime.
The question is not new one in GER
tain respects. The courts have fire.
quently been called upon to decide what
constitutes a heinOus or infamous
crime-which are the words used in the
United States statute law.
Senator Gray argued his point for the
righteousness and legality of the pro
ceedings. 1t was, so the bar admit
? ted, a remarkable plea, based upon tn,
q spirit Of the law and for its justice.
= had not occurred to him that the Cir
cult Court, with it's widespreadini
= Jurisdiction, could waive its dignit,
+ and right in favor Of the District Court
. and he would not enter into that now
( He wished to speak for TIE eligibilit,
t of the witness, who was, it was true,
10 convict, but against whose privilege 4
e testify their ran no statutory declara
j. tion. The statutes Of the United State
Il provided that conviction Of perjur
: disbarred forever the testimony Of tn
e person convicted, but it l0fd no sue
d barrier on the man convicted Of an
e other offense. "Is it possible that thi
It man, Boggs," he asked, who has plead
l. ed guilty and has not been sentenced
II can open his mouth to the peril Of tn
} defendant, and Cooper, who has nC
l. pleaded guilty, but has been sentences
shall be placed in the more abhorreI
position Of having his mouth close
" when he could speak to support the Il
gal right of presumption Of innocen'
Of the defendant"
u He pointed out that to lay upo
J. Cooper this approbrium as a cOnvi
III would be to permanently debar hi
+ from thewitness box, when, aftermontl
w had passed and he came back hon
u TO redeem his errors, would be to NAL
'e that approbrium abhorrent. He cite
is at length the available authorities, al
ol in this more technical line Of argumei
VI held the attention and deepest intere
su Of the court and bar. His delivery vi
one that will be remembered as Q. bri
liant effort at the Delaware bar.
ba The Judge remarked that Mr.. Wand
.ct grift could not at once reply, and
x the hour was late, they could arran
.et a process. not touching the question
issue to bring Mr.. Cooper within ca
summons of court, and If the decisi'
should be, after argument had be
further heard, in favor of the apple
ton, there would be no delay in t
service Of the writ nor of the trial. \
= Vandegrift remarked that he would
"a pleased to facilitate the affair a
- would reply to Senator Gray in
morning.
After little more testimony on
DIS part of Bank Expert Ross, J. II. Ba
man, former cashier of the First \
tional Bank, of Dover, was called
Mr.. Vandegrift.
lrs' After stating his position at the Il
NY of the defalcation, the cSrrespondei
ai, 'Hn between the Union National Ba
and the First National Bank, c.
sisting Of letters of May 26, June
August %, September s and Septem
AN, 2s. 1896, and the acknowledgements
ses Sc May IA and %, June and 1S, and 5
- tember 9, 1896, were allowed in
son dence.
and ssxrr,,o+ ,yoe xo,ir official pOsitiOn.