The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1898-07-15
Claims the GOvernmentHaS
Failed to Prove Intent.
COLONEL COOPER A WITNESS
Habeas Corpus Proceedings to Com
mand the Keeper Of the Peniten-
tiary at Trenton to Bring
Col. Cooper to Testify.

At tbe afternoon session Il. Edward Ross
the cxpert accountant was the first wit
nes,, He went over his list OF comparisons
of tho items in Kenney account showing
the balance according to the ledger aud the
real balance if all the carried checks had
beon paid.
ToSenator Gray-This wa'n vesy active
account Ths overirafts were Always
made gOols 81.
William N. Boggs testified that he mad
an intersS in one OF tho Cuthbert CHECKS.
John H Batemap cashier at the f,rs'
National bank at the timo Bo.gs WAS te'ler
identified letters between the bank anu
the Union Bank.
District Attorney-It Is hero In cv,de1c'
TIM, checks were givou by this dateEdant
md were carried aud checks given on anu
Maid by the bank; did you know anything
about tn ON?
"No Sir. IL was without tho permission
of tho bank Fhis teller had no authori-
tv to permit overdrafts. II tho checks had
been marked rs ovcrdrafts witness would
have known the fact.
He examined the individual ledger. Tho
defendants account was ono OF accounts
he had examined. This was an active nc
coup'. 70 Mr.. Bird ceased to he cashier
in 1897 The defalcation WIS discovered i'm.
media'ely after Boggs' flight a' cashier OK
that bank that was the first intmatlon
wines +hasitha tho bank was loctel
Mr.. Bateman-Let me ask was Nr Ken
ncy a good customer at tina: bank.
"Ho was" His account WAS vary 40
tive.
"In regard to accom- molntio paper was
there any oJi ,coion to him us an on lors-
er?
Not rs arule "
There was objection on account of tho
maker of the note.
To Mr.. VandesriGt- Knnncy was agood
borrower from the bank. II hc had known
of the carried checks II, would not call Mr
Krnney profitable customer. He bor-
rowcd money Oh his own pape" ana on ac'
commolation paper. "M". Bsoman, SAID
Mr.. Bird, nlme an in stance whcrS Ken
ncy did not take care OF II mans pare: he
was on?
~ cannot
Hnnry A Richardson did not know the
cheeks were carried by tho lHr. Never
hoard ofeKennev not nking care OF paper
discounted at the bank.
William d. Denney was secretary o. he
Building Loan. There was an application
for n loan made by Amos Cola. Thomas
]. Ewoll reporter of the Baltimore sun
test fled he had m interview with kennoy
on June OH It. was printed next dny.
Tho account as published Is correct. Tho
paper was admitt,d Ms evidence District
Attorney Vandearft offered IN evidence
comparison list Of items. These wnro ta-
ken from the First Ma ional, tho Fnrliicis'
and the Union banks,
These items would assist the jury. Tho
court eeultlrnot admit tho paper although
it could ssi,t materially in tho making up
of tho courts charge.
Mr. Bird was willing to admit anything
n sane man WOUlu Dub coHiu Hep ""'i'i'
that paper.
Senator Gray in opening for the defense
said hc dolbtcd if the jury over was con.
ccrnel in n case so full of interest as tho
present one. He did not say this because
be had any apprehension of tho resnl'
lis rase VIII rein vour neiphb,r Is
charged with an offense which If properly
charged would result to the defendant
worse than death. 1t l. the gravity Of tho
charge that worries me. We claim the
prosecution has utterly failed to make ont
n case We would be content this moment
to leave the case in your hands.
We propose to show out of tho mouth OF
this defendant the story of ihosrans snctlons
between this defendant and this principal
and looter of the bank. Wo viii show
that Mr.. Kepney a trusted and valued
citizen of Dover and this state became tho
counsel of William N. Bosgs. He went to
kenney and poured into his brcnst tho
story of his shame and, hava no doubt,
bitter sorrow. We will show you how
after an interval of enc or two years how
he responded to his appeal for help.
He loaned his name aud checks and he
will corroborate Mr.. Boggs a. to these
checks that not one of them was for his
benefit. Transactions will be shown which
Kenney carried out for the man who trust
cd him and which an honest man might
do. There are charges easily to mako and
hard to defend but thanks 10 Providen &C
there Is chance for such man as Mr.,
Kenney until thors is barrier placed
about him that will remove all traces OF a
reasonable doubt
It Is the intent that makes the guilt. We
will show you that there was no guilty in
tent on behalf of this man. Senator Gray
made motion for writ OF habeas corpus
directed to the keeper of the peniten tlary
Mt Trenton, directing that he bring Col.E'
Il. Cooper into Court, to testify to certain
things which Boggs had denied. 1t
is harsh rule that Cooper's mouth has
been closed because he was convicted and
sentenced. Boggs has confessed to guilt
and yet he is allowed to testify.
There is no instance that find where n
convict is not competent witness.
Judge Bradford reminded Senator Gray
tbata recent decision tha Supreme Court
of The United States had decided that
crimc for which the punishment was
moro than one years imprisonment was,
under tho Federal law. an infamous crime
The question would therefore narrow
down to whether Cooper could testify de-
spite the fact that he had been convicted
of an infamous crime.
Senator Gray quoted number Of au-
thoritie, in support Of bis contention.
After hearing ttc argument for the de-
fense Judge Bradford said that tho gov
ernmsnt should also have opportunity to
examine the question and present author
ities he therefore reserved his decision on
the question of bri .ing Colonel Cooper
irto court to tes fy until the government
presents It's siie.
William Anderson t l.illed that he never
saw Kenney ,rtil he c; to the Court as
witness. laoy . we'd no benefit
from the houses. Arley } Magee deposed
be inado the i.ssignmeL. the property at