Evening journal., 1898-12-01
KENNEY TRIAL MONDAY.
Two Indictments Against the
Senator in This Case.
A RBHAsH OF THE FIRST TRIAL

READY AND NEITHER WANTS A
OBSERVATION-DISCLOSURES OF
TILE INDICTMENT AGAINST THE
DEFENDANT-IN MANY RE
sPECTs TgIE TRIAL Will. BE
SIMILAR TO THE PAST ONE.
The trial of Senator Richard r Ken
ney, charged with conspirlng with
William n. Boggs to misapply, abstract
and emb' zzle the funds Of the Finst
National Bank OF Dover, will begin in
the Federal court on Monday next.
The attorneys for both the prosecu-
tion and defense are determined TO
push the trial to a final decision, and
neither side will be satisfied with a
disagreement.
All the witnesses, with the possible
exception of one or two, have been
summoned for the governments side,
and the attorneys for the defense state
that the Witnesses for their side will
be on hand, although no summons
have as yet been issued for them. The
court has ordered the jury to report
promptly on Monday morning, and
there is every Indication that the trial
viii proceed without delay.
AT the trial the government will in
trOduce certain evidence to prove the
charge of conspiracy in relation to the
payment of certain checks that were
not included in the first trial. The
evidence is expected to be in a large
measure the testimony Of William n.
Boggs, and that of the expert ac-
cOuntants, who will tell what the
banks records show. Outside Of these
new checks. which are included in the
charge Of conspiracy. the coming trial
viii be greatly a rehash Of the trial
last Summer.
Since the firso trial another charge,
that OF conspiracy, has been placed
against Senator Kenney by the grand
jury; therefore in the coming trial he
viii. De compelled to face two charges.
The first indictment returned against
the senator charged him with aiding
and abetting Boggs TO abstract and
misappiy the banks funds, and also
conspiring with Boggs to abstract and
misapply the funds of the bank. His
l. attorneys fled a demurrer to the
charge OF conspiracy, and Judge Brao'
ford sustained it, ordering that th'
charge Of conspiracy be removed from
the first Indictment, as it could not b'
Joined with the charge Of aiding anc
abetging in one bin. District Attor
uey Vandegrift accepted the decision
and endeavored to secure a conviction
on the charge Of aiding and abetting.
The jury falling to agree, Mr.. Van
degrift took the case again before th'
O. grand jury, and a second indictmen
was returned, charging Senator Ken
ney with conspiring with Boggs t
misapply and embezzle the funds o
0. the First National Bank of Dover. A
the trial on Monday, therefore, Sen
ator Kenney will have to face two in
dictments. The first one charges tho
Senator Kenney aided and abettd
ct BoggB to misapply and abstract tn
following amounts for the use an
benefit of Boggs by giving check
, which were paid by BOggs out OF th
banks funds: September "a, 1896, tN
~ checks Of $500 each, which were to pa
Boggs' obligations to E. S. Cuthbert
y Co. stock brokers, at Philadelphia
~ several checks. aggregating in all 81
~ 434, which were given to pay Bogg
~ ~ obligations to William Anderson,
" Philadelphia builder, and a che
- drawn May 6. 1896, for $1,65O, to p'
- Boggs' obligation To Sheriff Shaw,
Kent county, for some property Bog
purchased from him.
:" It further alleges that Senator Ke
- ned aided and abetted Boggs to mi
apply on June 1, 1896. the sum Of So
to pay Senator Kenney's obligatio
to Cuthbert & Co., and also the 81
Of $500, represented by vario
a. checks, which went to pay the ser
on tors obligations to Cuthbert & Co
The second Indictment charges Il
VOC Senator Kenney conspired with Bol
nc to misappgy and embezzle the variC
'm amounts named inthe first indictme
~ and it then goes on to enumerate
number Of other checks, which,
ii'' grand jury states, went TO pay S
d ator Kenney's obligations to varl'
persons, who are unknown to the gri
-, Jurors. These new checks are groui
in two counts in the Indictment,
''le ~ group representing total Of S2,095
" The checks enumerated in this gr'
are as follows:
May 6. 1896, check for $500, WI
was paid by Boggs on May 8, and
=. not charged against Senator Kenn
' account until May 21, 1896.
~. 80 May s. 1896, check for $500, WI
ludA NFor~