The sun., 1898-06-21

as a bank officer; that the largest part
the bonds was a gambling debt which
Clark owed Boggs as the result of play
ing poker with him, and that Clark die
not know that Boggs was defaultel
until after Boggs had gone away and ex
perts had examined the bank books.
United States Senator Richard Rollins
kenney was the first witness called by
the defence. He identified the bonds,
and testified that he saw Clark sign
them, on which occasion Boggs was pres.
ent. A year previous, he said, Boggs
told him that Clark was indebted tc
him, and he would like to get settle.
ment. The witness, at Boggs' solicita-
ton, frequently saw Clark, and subse-
quently Boggs suggested that settlement
be effected with bonds. At first Clark
said he would not give bonds. At first
CLARK said he would not give bonds, but
finally he agreed to do SO. Clark pro-
tested regarding the amount, saving that
he did not think he owed that much.
He added that the debt was for gambling,
and he could not be compelled to pay it,
but he never repudiated a debt The
witness stated that he understood Clark
was not to be pressed if he could not pay
the bonds in the time agreed upon. On
cross-examination, Senator Kenney said
Boggs might have mentioned the in
debtedness to him in the winter of 1895,
but asserted that Boggs did not then put
it in his hands for collection.
Mr.. Vandegrift-"Did Boggs confer
with you on the first Sunday in October,
1852
Senator Kenney-"No; never on any
Sunday"
Mr.. Vandegrift-"Did he not say the
Indebtedness was represented by
checks?"
Senator Kenney-''Never, sir, posi-
lively"
Mr.. Vandegrift-''Did he not, in the
fall Of 1895, make known to you that
he was in default to the bank, that
Clark was indebted to him and that
that indebtedness represented the de-
fault?'
Mr.. Biggs objected.
Pending Judge Bradford's decision as
to whether or not the question was ad-
missble the court took recess.
AFTERNOON PROCEEDINGS.
When count reconvened in the after
noon Mr.. Vandegrift continued his cross
examination of Senator Kenney.
"Mr. kenney, you have stated here
that at the time OF. the signing OF the
$4,000 bond in your office that Thomas S.
Clark had made the assertion in Your.
presence that it was for a gambling debt, |
or words to that effect
'Yes''
"What part OF it did he allege was for
a gambling debt?'
"He did not say
"All of it,"
81 think not
Haven't you stated that the entire
bond was represented by checks?'
II have not"
"Did'nt you state before the grand jury
when you we're there testifying in the
Clark case that the Indebtedness which
William N. Boggs first spoke to you
about
Before the completion of the question,
Mr.. Biggs interrupted the district at
forney with an objection and stated to
the court that no witness could testify as
to what had taken place in the grand
Jury room.
Judge Bradford asked Mr.. Nandegrift
i he proposed to show that the witness
snew OF the Clark Indebtedness to Boggs
)rior to April 8, 1897, when the $1,000
)ond was assigned to Mr.. kenney in the
alters office.
Mr.. Nandegrilt stated that he did and
he court ruled that the evidence was
but that the question had 8
lot been lnt in the proper form. q
Mr.. Vandegrift then asked Mr. Kenny =
he did not know that William n. !
'oggs was a defaulter prior to April 8, !
S97. I
The objection of Mr.. Biggs to this qucs =
ion was sustained by Judge Bradford. T
"Mr. kenney, you have stated that no \
conversation took place between you
nd Mr.. Boggs one Sunday night in 1895 9
s to Thomas s. Clark's Indebtedness to +
V. N. Boggs. When then did this con- c
ersatiOn take place"'
II do not understand the question at o
H." q
Then I'll put this question: Mr. c
.enney, how much longer than year II
rior to April 9,lS07, did you know of
ark's Indebtedness to Boggs?'' II
~ think it was some time in 1885, 3
"What part of 1882 g
81 think it was during the winter Of r, r,
S05." L
About what time?" Il
81 think it was during Il session of the 81
late Legislature" q
Did not Mr.. Boggs put a claim in a
Mir hands against Clark for collec- W
on?' In
"He did"
"Were any payments made on this 10
count from 1875 to April 8, 1922 tt
"None that know Of" ga
"Did Clark ever tell you that he had II
ade any payment to Boggs?' tn
"Not to my knowledge" 9
"Did Clark ever tell you that he had Z;
nd Boggs $3.50 in July, 1896" p
"As far as | know, not to my knowl' te
lge." M
Didn't you have a conversation with st
ark in reference to this Transaction IN
Mr.. Biggs objected and Judge Bradford to
id that he thought that the district 10
torney had the right to fix the time Of So
nversation, but under the rules of the an
urt he did not think Nj. Vandegrift cl'
ould ask such a question /.
MIR. Vandegrift then put another ques- WI
N Of almost simi ar nature, to which pr
r. Biggs objected and he was sustained mi