The sun., 1898-12-07

UOuu9 Wuicu u0 vcsssusu weto usswu up
by Kenney. One executed BY 7. 8.
Clark 70 order Of Kenney assigned BY
Kenney to Boggs and then TO the bank.
This bond according to the witness
testimoney was reassigned 10 him on
February %, 1893, after his return. did
this bond show what was due from
Clark?' said the District Attorney.
"Yes," replied the witness, (which
Kenney tried to collect" The bond was
admitted in evidence; also bond of
Harry J. Ford for $3.50 drawn by Ken.
ney was admitted in evidence. A bond
of J. X. McGonigal which was drawn by
Boggs was not admitted as the Govern.
ment did not prove authority from Ken.
ney to Bcegs TO have it drawn, hence it
was irrelevant to the present case.
The bond executed by Amos Cole and
drawn by Kenney was admitted. The
prosecution showed that the $500 on it
had been paid out OF the banks funds
on order Of Kenney.
A check for $500 drawn by kenney
favor Cuthbert Il Co., of N. Y. was then
taken up. "What is this?' said the
district attorney. THAT represents Ken
ney's first transaction IN Bay State Gas"
replied the Witness" at was drawn
on one of Cuthbert & Co.'S bank checks"
"Did you know that it was coming to
the First National Bank for payment"
"Yes, Kenney told me he had purchased
and given the check"
"You paid it out of the funds OF the
bank according to the agreement which
you had with kenney?" "Yes."
"Prior to your departure and flight
from Dover, did you discuss with Mr..
Kenney, the defendant, the extradition
laws of this country and Of Cubao'
Eyes, sir, Mr.. Kenney advised me to
go to Cuba"
-, He advised You to 90 to Cuba.
WhyT'
because it was thought probable that
Cuba would become free and as he said
in that event regulation of extradition
laws would be made. The fact OF
change OF the laws would exempt me or
anybody on that island from future
punishment for crime committed"
"Was any inducement offered you to
come back?" "No SIR" "Why did you
come back?" "My life of exile had be.
come unbearable and the appeals of my
wae and family brought me back to
take my punishment"
"Have you any interest whatever in
this suit?" "None whatever"
"Have you any interest whatever in
this suit further than to relate the facts?''
"Nune whatever"
"Was Mr. Kenney your general coun-
sel?" eyes, "Did he undertake to
collect from some OF tine others whom
you were carrying?' 'Yes."
'Did he try to collect from William f.
Cotter of Philadelphia" ayes, he went
to see him" Kenney's professional ac-
count alleged to have been rendered to
Boggs and marked "settled April s, 1897"
was admitted. The Anderson letter
relative to buying houses in Philadelphia
was admitted, the Shaw check for ST $50
and the book showing that Boggs had
gotten $1,000 frem the Building and
Loan Association of Dover, out of which
he paid the William M. Dickson check
of 81 600, were admitted.
Levi q. Bird of counsel for Senator
Kenney here took the witness for cross
examination.
"Had you ever any dealings in Bay
State Gas, Mr.. Boggs, prior to May S,
1862 asked Mr. Bird. "Yes, sir, in
March, 1896 purchased 46 shares for
which | put up 5000" "On margin?'
yes"
What became OF it?' 81 don't
know" "You don't know" 80, l
lost sight of it,"
What did you next buy?' "In May,
1896, | bought 80 shares, for which |
put up $500 in the hands of Samuel W.
Hall, of Dover. who was then doing
business with some New York brokers'
Finally bought it outright. as it was
sinking. 1t cost me 81, 900" "Paythat
with bank funds?" "Yes."
"Any other deals in Bay State Gasp
"Yes, on May Z 1896, | went in a pool
with +. T. Cooper and others. This lost
1923, 900 to the bank"
"Who were in the pOo?' "E 7.
Cooper, John D. Hawkins, two men
represented by kenney - Hezikiah
Harrington and B. L. Hwis-and my
SELF"
"Did you make or loser 81 lost"
"Your next transaction" "That with
Thomas s. Clark. He caught me for one
5000 check and transferred his stock
to me, 100 shares. 1t went the same
way"
'The 5000 check drawn by kenney to
Cuthbert & Co. on September %, was
for whose beneft?' mime" "Mr.
kenney had no benefit in it?' "No."
"Yet you state to the jury that Kenney
knew at that time that you were de-
faulter?' eyes, sir"
"Iou were induced to enter the real
estate deal for Philadelphia houses by
William f. Cotter which called the An
derson d Co.'s checks aggregating
81, ,255?'' "Yes, $500 was borrowed Of
which $l254 was Kenney's."
"Mr kenney got no benefit from these
checks%' No, not at that time"
"Yet he knew you were defaulter at
that timer" "Yes, sir"
The counsel for the defense then re-
viewed the sale of the farm in Kent
county, on which Boggs held second
mortgage. kenney had teegraphed for
Boggs to Deputy Sheriff Downs, to buy
the farm. at was bought" said thu,
J witness, "and Kenney gave Shaw a
check for $l,G5O, which Itook care of,
Kenney then knowing me to be a de-
faulter."
} GAN of Nr. Kenneys checks" asked
Mr. Bird. "were paid, were they not?'
"Yes, sir" "And there is no loss to the
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