Evening journal., 1898-12-14
ANOTHER NEW RULING.
Judge Bradford Establishes
Precedent in Kenney Trial.
REOPBNED. CASE THIS MORNING


AND DISCHARGED WITNESSES.
J. FRANK ALAEE TEST1FuES FOR
THE GOVERNMENT -BOGGS' EN-
PHATIC DENLAI-CASE TO BE
ARGUED THIS AFTERNOON.
At the close Of the defense in the
case Of the United States against Sen
ator Richard r. Kenney yesterday
noon, William n. Boggs was called to
the stand by District Attorney Vande-
grift in rebuttal.
The witness made several exceptions
to Mr. Kenney's statement regarding
his (BoggsD income during a certain
period Of 1896.
Witness stated that although he had
had minor transactions in Bay State
Gas. he never mentioned the
fact TO anyone He did not know that
Mr. Kenney was interested in it until
ne heard Of his winnings. He was sur
prised, and asked Mr. Kenney where
he got his inside knowledge. If he was
| still counsel for the Bay State Gas
Company. Senator Kenney had on one
or two occasions previous to that time
told him that he was counsel for the
company
'NIr Boggs." said the district attor
ney, "a man named Hazel, from Balti-
more. the other day made the state
ment from the witness stand that he
had seen you playing poker in a certain
room in the Bayard House, in Dover
night after night in 1891 during the
time you attended Conference Acad-
emy Is that true?"
1T is not" replied Boggs
Did you ever play poker in any
/ place in Dover during 1892"
Il did not. / never played cards for
money prior to 1895. At the time I at
tended Conference Academy in Dover
I was not financially able to engage in
poker playing, as scarcely knew what
a 50-cent piece was
"What was your custom regarding
weekly visits to your home while at
the academyH
Il went home every Friday night
The carriage generally came after me-
Sometimes I went on the cars"
Joseph W. Hazel the man to whom
refer, says you frequently played a
game at which the ante was % cents.
so cents call and a 81 limit. Is that
true?"
1T is not. From my later experience
know that to play such a game would
require at least $50 capital to start, as
. YOU can lose that much in a half hour.
AS for the statement made that I sat
up with men. playing poker, smoked
mines and drank whiskey I can only
: say one thing.
James Cody. Of Dover. testified that
he never saw BOggs play poker al the
Bhyard House, but that others played
I there.
James f. NcIivor testified that Harry
e. Brockson had told him that Boggs
said he knew more OF Kenney than all
his friends put together.
= Mrs. Monte Curlitt tCld Of Kenney'f
= visit TO Mrs. BOggs, and said that hei
o reasons for saying Mrs. Boggs was II.
n was because of signs made TO her by
d Senator Kenney, over the head Cd
r Browne, who was with him.
: The testimony Of Mrs. Curlitt wng
L positive and to the point. She coulC
z not be shaken on cross-examination by
Il Mr. Bird.
The sensation of the day WAS sprunl
by William II. Miller. treasurer Of th'
Bay State Gas Company. He said HI
e came in obedience to q subpoena which
y directed him to produce a certall
" voucher and receipt. This was prOduceS
" and offered in evidence. It proved Il
l. be a receipt, signed Richard r. Ken
IS ney, and acknowledged the receipt o.
Is 500 ohares OF Bay State Gas stock a
b. $40 a share. making $4,000. on accoun
y Of legal services for the year. for whicl
Kenney was to receive $1,000. This re
ceipt was dated July !. 1896, and tn
voucher was approved by j. Edwar'
I, AddicBs and bwo other members OF tn
executive committee.
:. With this bombsheM District A1tor
= ney Vandegrift closed his rebuttal. Sen
~ , ator Kenney was the only witness cali
J. ed in surreluttal. Mr.. Bird asked him 0
le explain the receipt and voucher. MI
"a Vandegrlft objected, stating that tn
II document explained itself. Mr.. Bir
insisted that an explanation should b
allowed, and Mr.. Vandegrift insiste
that it should not. Mr.. Bird lost hi
/, temper.
- LAWYERS TINT.
n "This is bald attempt to do an In
nc juetice TO this man." ne shouted.
70 "On the part Of whOm?" demande
10 Mr.. VandegriR.
- "On your part" cried Mr.. Bin
* shaking his finger in the district attol
ney's face.
Mr.. Vandegrift jumped to his feet !
an instant and poured a volley
ok rhetorical hot shot into his adversar
81 which. TO say the least, showed him
as master Of vigorous English. He woun
ld up by saying: "I have no interest
~ this csee except to d. my duty, bl
that viii be done" This declaratio
brought out a round Of applause fro.
the audience.
-, Mr.. Bird renewed his assertion, an
IL was cautioned by the court 10 be car
A. flil Immediately he repeated il: 9TH
ar is a bald attempt to do injustice
las Judge Bradford leaned forward in h
an chair and frowned.
Mr.. Bird" he said. Il want you
understand what ] have already sai
The court considers that language e.
vn tremely improper as addressed to q
an, court.
Nv Mr.. Bird apo.ogized. and his clie