Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1898-12-15

'
holding deposits, not to tell what he
had said. Witness replied in the
affirmative.
On cross examination, witness said
he and Bpggs wero examining the books
ut the request of Mr.. Vandegrift at the
time, and he may have asked Boggs il
he ever deposited any money to Ken
ney's account. He could not remember
whether he asked Boggs why kenney's
account showed good at the time of his
(Boggs') departure. y.
Nj. Vandegrift asked the witness II
he wac not asked, at the time the de
fence obtained the information about
the conversation between himself and
Boggs, whether Boggs had any malice
against Kenney. and that he 1.-THE wit
ness) had replied to the representative
of tho defence In the negative. Mr..
Biggs objected to tho question being
asked on cross examination. Mr.. Van
degrift contended that he had a perfect
rightsto bring out everything that was
said by the witness at the time he was
spoken to about his conversation with
Boggs in the district attorneys office.
The point was being argued when court
adjourned until 10 O'Clock Tuesday
morning.
Ezekiel Cooper of the Farmers Bank
of Dover was put on the stand for
cross examination Tuesday morning.
Before any questions We're pronounced
to him, District Attorney Vandegrift
asked the court for "a ruling on the adj
instability of an answer to the question
as to whether witness had given infor-
nation to Kenney or his representative,
to the effect that Boggs had never ex-
pressed any animosity toward Kenncy,
Mr.. VANDERBILT having asked the witness
| il such inquiry had not been made OF
| him by q representative OF the defend
ant and il the defendant had not re-
piled in the negative. Counsel for the
defence objected and the objection was
sustained by the court, whereupon Mr..
Vandegrift asked witness when he first
made known to the defendant or his
representative what Boggs had said to
him when he and Boggs were examin-
ing the, books at the request OF the
government. Witness replied that 1t
was two or three days before the former
trial commenced. Mr.. Vandegrift
asked what else witness told the de-
PENDANT or "a representative at that
time. The defence objected and was
sustained. Mr.. Vandegrift asked the
| NIDutSS IL llb litiAt bNti uohVh tSSSSe5o W.
Kenney,s account showed good on the
books when Boggs left, and he said he
had no doubt that he did ask such q
question at some time.
Arley b. MAGGIE, who has been II
Senator Kenney's Office since JUNE
18th, 1894, said he generally made de
posits for Kenney and had his pas
book posted. He frequently had j
posted without asking Kenney, nearl,
always doing so. Witness was at tn,
University. of Virginia from June 28tl
to August Goth, 1896. He did not know
that the book was hot posted in tina
time, although the book showed tina
such was the case.
Relative to the assignment of TIL
Anderson contract to Kenney, witnes
said Boggs took 1t to his office during
tho absence of Kenney and said h
wanted ii assigned to Kenney. Bogg
either wrote it and Magee assisted, o
vice versa. The contract remained un
til Kenney's return, when the latte
SAID he knew nothing about it and Gu
or tore off the assignment within tw
minutes after he was told about it, .
Magee said Boggs told him that h
was afraid Cole 4 Co. would go up an,
, he wanted to save something out of tn
Anderson matter giving that as
reason for wanting the contract as
| signed to Kenney. Cole g. Co., Mage
said, was Philadelphia bucket shop
/ On oss-esamination, Magee said b
did not keep Kenpey posted concernin
his accounts and whenever there wa
| not money there to meet his checks tn
i officers OF tho bank would notify hir
| and he would make his account good.
, Witness said Kenney did not Civ
checks when he knew his account wa
9 not good. Witness knew nothing abor
the check stub book, as he presume
t Kenney drew the checks. He did nc
: know whether Kenney kept his stul
correctly or whether he could toll ,
+ the stubs il he had balance in banl
He did not balieve that kenney Dire
q checks when his account was not goot
Il Magee was shown bank book an
4 his attention called TO some figuring
o He said he did not make tho mark
: but thought Kenney did, which WI
Il admitted by counsel for the defence.
II Witness said he frequently filled o,
k Kenney's deposit slips and sometime
. thcy were filled out by kenney. l.
a was handed several and asked to sing
O out those te had filed out OF the
!, slips handed to The witness he said 81
o were IN his handwriting. He explaint
: that many time tho deposit slip ~
;. money were left on his desk to be d
: posted, tho slip being already mac
out. As A ,l
'. Relative to the Anderson contrac
d witness said he put it in Il pigeon no
II ia his desk, but he did not know VIII
: became of it. Hethought Kenney CT
d off tho assignment the week Boggs LEI
/. He never mentioned the matter
q Hoggs. Mr.. Nandegrift asked the wi
|. ness, il he knew anything about thrt
" promisscrv notes, in blank, left
It Boggs with Kenney. The defence o
l. jccGed holding that the question W
l. not proper III ross-examination al
\, was sustained
d Edward }. Faucet, telegraph oper
" tor at Dover, was next called by. ii
,r defence. He remembered receiving
IS telegram for Kenney from Cuthbert
+. Co.. advising him of the sale Of h
1t stock. 1t was dated July 18th, 1855
+. When the message reached Dover |
q got it to Kenney as soon as he coul
lie communicating it by telephone. M
j. Biggs asked him ii that was tine me
ot sage closing out the account. but
r. did not know, except that it advis
,g him of this sale of so many hundr
shares OF Bay State Gas stock. He l
lie ceived two messages for Kenney
s. July 18th, relative to the Cuthbt
" matter, but was unable to deliy
1t them, as Kenney was reported out
tt town. ~
to Amos Cole Of this city, formerly
m Dover. said he won't to Kenney to ht
r, row money on one OCCASION. kenn
or did not have it and he and Samuel