Evening journal., 1898-07-21
DELAWARE IS CORRUPT
Vandegrift Implores Jurors to
Strike for Morality.
SENATOR GEORGE GRAY's SPEECH

|
TORlNEY, COULD HAVE SAWED
BOGGS AND THE RlEST-THE DE-
FENCE UPSET THE TESTIMONY
OF THE DEFAUDTER IN THEDR
ADDRESSES.
The great and eloquent addresses
made yesterday by Levi c. Bird and
Senator George Gray for their client,
Senator R. R. Kenney, on trial in the
United States Court for the alleged
misapplicatiOn of the funds of the First
National Bank of Dover, were suffi-
cient, in the minds of many, without
considering the testimony, to clear
him. Senator Gray, when about to be-
gin his address, said that it was un-
necessary for him ITO speak as Mr. Bird
had gone over the ground of the case
so thoroughly that nothing remained
for him to say. He then began, and
said in part:
Il do not think it necessary to travel
outside of the record of this case, as
the court has said the principal poiAt
? in this case is the intent.
? 'What did Richard R. Kenney know
! OF the criminal acts of Boggs when
2 the checks were given to Boggs on the
dates which they bear? What did Rich
ard r. Kenney intend when he gave
4 the 5000 check? With what evil in
e tent, If any, did he give the Shaw
e checks? With what evil intent did ht
:. give the five checks for Anderson
= With what intent did he give th'
e Cuthbert checks, all of which were
e paid out Of his own account? Was i
n a criminal intent? That is the onlg
question for you to decide. is ther'
e any other? No, and yet here we arr
e laboring in the tropic heat OF thi
e Summers day with evidence that doe
IS not help one iota to the solution Of tn
o question. What was Kenney's inten
= when he gave those checks to Boggs?
n Mr.. Gray then separated the charge
l. in the remaining counts of the indict
ment under three heads. First, that
check Of $500 was given by Kenney
Boggs' request for Cuthbert & Co.
that it was given with evil intent
x aid and abet Boggs to defraud and II
M jure the First National Bank Of Dover
second, that Kenney gave the Sha
- check of 81, $50 to aid and abet Boggs
n stealing that amount from the bank
AZ and third, that he gave five or six al
70 derson checks, aggregating $l,255'witi
no out a penny of interest for himsel
- with intent to aid and abet Boggs
n defraud and injure the bank.
- AS to the Cuthbert checks, drawn Il
ba Senator Kenney's own account, Sem
=. tor Gray did not deem them worthy
"A much consideration because althout
~ they might have been held out, y
a. they were paid in the end and caus'
no loss to the bank.
n He declared that the question OF &
.se intent was a simple one, nOtwithstan
,e- ing the mass of testimony and chaos
n books and papers and checks; and tn
il would seem that knowing the &c
mo perate character Of his case the d
itb trict attorney had sought by da
uv waters TO obscure the real issue.
,bt maintained that intent was questi
&c OF fact. and tod the jurors that tn
nj were there to protect a man unJus'
vi accused. reminding them that the ju
trial was the great palladium OF I
liberty Of the American people.
reminded them also that the action
a grand jury brings no presumption
i'm guilt and that in this case the start
ina % with the presumption Of innocen
he The defence had admitted the draw
,wn of the various checks, and Sena
ays, Gray went on to discuss the seve
no transactions on which testimony
as been given. After considering
ami Shaw check he looked for an impr
his sive moment towards the district
nee. torney, and, later, addressing the j.
Don declared that that charge should
have been brought against Kenney
that account; that Kenney should
have been torn from his wife and nc
and held up to the opprobrium OF
ON state and the whole country ol
5o0 charge like that.
scial Speaking Of the 5000 check, he
e in cussed Boggs' charming manner wi
nool must have impressed itself on
~. ~ little community of Dover, and ST
, the of Mr.. Kenney being foolish, Eerh
Ed in allowing him to use his check,
iory, was not altogether sure that under
trus- circumstances he might not have
enly, so himself; but he added that Ker
hut was not indicted for having over Ct
dence in his friends, but for aiding
abetting a man he accommodated.
Mr.. Gray said that no place in
,c, evidence does Boggs say he W
49,. meet the checks out of the FUND
-. - the bank; but Kenney supposed
- - would be paid out Of Boggs' own