Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1898-12-22

-uonS vof the jurors was cnlleu 10 the
testimony of Mrs. Curlett relative to
Messrs. Browne and Kenney when they
went to the door Of Mrs, Boggs' house,
but did not enter. Mr.. Vandegrift
asked the Jurors to consider the signif-
cthce Of Mrs. Curiett's testimony.
The district attorney called attention
to the settlement between Boggs and
Kenney in April, 1897, pointing out
some Of the items, and in that con-
nection said it was not necessary to
depend upon thes testimony of Boggs,
! Notwithstanding that the government
had proved all heSsaid when an effort
was made to contfadict him.
Mr.. fVandegrift read some Of the tele-
grams from L. B. Cuthbert 4 Co. to
ton Of his Bay State Gas account and
informing him that " he did not send
money his stock would be closed out,
holding that they served as reminder
of his financial condition, Don't you
suppose,' Mr.. Vandegrift asked, "that
when he received those kilograms call
ing him, that he consulted his bank
books and gave the matter some thought
as to how he was going to meet those
awful 'callsl' What did he dor He
went and loaded himself on the back
of this boy who he knew was de-
faulter. When he was in trouble he
put himself on the back of this hoy
who was crawling about in the dark,
adding to the burden which he had
been asked to help Tighten. Kenney
met this young man nearly every day
and he says nothing was said about the
defalcation after Boggs' first visit to
his house. Is that conceivableY When
he knew Boggs was gambler did he
| try to induce him to stop gambling
and lead better life and make an
| effort to pay the shortage at the bank?
| No. Kenney loaded himself on the
back of this boy.
'iThe Farmers Bank believed this
| defendant was in il. Ezekiel Cooper
| of that bank inquired how 1t was Ken .
ney was not in it. There waro his
checks. This defendant stands here
stripped of every possible defence.
Nothing left. Every avenue Of escape
closed Our duty is to sen that men of
high estate and low estate shall he ON
an equality in this hox. II those who
are sworn to do their duty neglect that
duty, then it is an awful condition in
this State II this were man of low
estate you would 60 out that door and
come in within an hour and say he
was guilty, On the evidence.
"1hat the fainily of William N.
Boggs is in the condition it is results
from his own acts. If the family OF
this defendant suffer with him, we
may deplore. but any such suffering
results from his acts.
''If men can loot the bank rs this
Dover bank was looted. and go free,
then there is no safety for US and We
had better move out of the State"
Mr.. vandegrift finished at 1875
O'Clock, having talked for 2l5 hours.
MIR. BIGos BEFORE THE JURY.
John Biggs opened before the jury
for the defence. He read Section,
500 and 5,4l0, United States Revised
| Statutes, under which the Indictment
were brought. Ibid this defendant
he asked. "give those checks with in
tent to defraud the bank? Tho check
referred to are the same as in tn
former trial; in fact, this Is the SAM
case over again." Mr.. Biggs described
the nature of the checks, one olas
being for his own benefit and the othe
class for William N. Boggs and from
which he derived no benefit, an,
pointed out the discrepancy between
the testimony of Boggs and Kenney
relative to Boggs' first visit to hi
house. on which occasion tho defalca
tion was spoken of.
q" Boggs,n' Mr.. Biggs said, estate
: that he never told anybody the amour
J of his shortage, who would have sur
! posed that this man, then one Of tn
/ most respected in the community, wa
! a defaulter to the extent Of $40, 900 G
! $50, 000P The amount not being named
} nothing to show that this defendar
| knew what it was, isn't it rational I
suppose that this defendant though
that Boggs could make the defalcatio
good and afterward that he had mac
l it good? M
You must take Boggs, not as the col
/ fessed defaulter he is now, but as IL
: respected citizen he was then. Do yo
! wonder, when Boggs went TO Kenney
1 house and told him that he WINS d
{ faulter, that konney was sorry to 81
4 himY 1t is the most natural thing
o the world. It's a dangerous thing, ar
s this case proves it, for man TO act
Q counsel for bank defaulter. It's I
o wonder this defendant did not inentis
S it 10 him. He had very good reast
!, for not mentioning it.
u Tho weight of evidence Sin Il
q defendants favor. When he gave tho
II checks for the accommodation of Bog
% he had no intention to defraud that j
% stitution. li = Il,
70 s"All of these Cuthbert checks al
l. all of the drafts from which the
h PENDANT realized anything were pai
!. There is no dispute about that. Co
rs corning the Dickson check, there N,
rs be some dispute as to whether NJ
Kenney or Mr.. Magee drew the none
$ but there ia no question about Bog
ID receiving tho money. =" 4.tSF
W Mr.. Biggs commended that all of I
Is drafts referred to were honestly Civ
IN in the ordinary course Of businel
ld The drafts were put in tho bank q
n. came back dishonored, but Kenney to
y, care of them. Mr.. Biggs admit
al that the defendant had overdrawn 1
of account, but said an examination OF |
or books would show that between
n dates given by the district attorr
ct there were large balances.
ly ''That is untrue, y the district att
'ft ney said, interrupting Mr.. Biggs.
81 "Oh," Mr.. Biggs said, ''bnt such
We the case. The books will show it. -
ut 'HPfove it, said Mr.. VANDERBILT.
as On one occasion, Mr.. Biggs explain
N. the defendant had balance of alb,
'" 5000. He commended that 1t was
is necessary to carry some of the chec
se- MS had been alleged, that a large p
M of the s.. COO balance remained for so
all time He said there were large /
1t, 4 ances at other times. stE ss
int Referring to Mr.. yandegrift's Gre
on examination of the defendant, ]
les Biggs said, included some Of the NJ
cd unreasonable questions, and beca