The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1898-07-19
Boggs Says the $1,000 Item
Mentioned by Kenney
Was NOT In SETTLEMENT
By Boggs for Any Shares
of Bay State Gas Pur-<
chased. Downs
says Check
FOR THE FARM WAS CASHED.

moon. The q, 900 deposit was required b
tho brokers for Kenney's account and di
aot refer to a settlement between Kenne
and Boggs as testified to by Kenney.
The 1000 deposit which witness mad
for kenney was necessary to meet the s.
$50 draft which came back. Among othe
deposits WAS that $1,000 for which Kenne,
! gave mo a check and which used later
| 70 fix this item was another draft foI
! $1.03a
! The Foreign Exchange book was pro-
duced and Boggs book of the same an
found tho Clark item Of the draft of 81, ,Osa
Senator Gray said be did not believe th,
evidence was iu rebuttal. g ,15s
! District Attorney Vandegrlft-It wa
striesiy.tn rcbuttal MIR. Ken ney had PLACED
a draft for $lO33 In bank on July 10. 1896
District Altorney-Mr. Boggs it is testi
hed to here by the defendant in this cass
that no received the suggestion to deal il
Bay State Gas.
| Isit SO or no,p
| ut Is not true I did not know that
Kenney had stock until he had purchased
the Bay State Gas" Witness looked at
deposit slips. They were in the hand
writing of Kenney. A few were in the
handwriting of Boggs.
The Court-I do not think the slips
taken III themselves are evidence
Boggs-Kenney was at Dover durinp
July but visited Rehoboth in the evenings.
He did not know that the slips vert made
out in Dover. Mr.. Bird, these slips are
introduced TO prove that Mr. Kenney was
in Dover when he testified he was at Re-
hoboth at that period.
District Attorn ey-If Mr. Kenney was
In Dover and these deposits were made it
ought to go to the jury for whatever 1t
was worth.
The Court-Can the witness testify that
the defendant during these three weeks
madc any CT these deposits
Boggs- Irefer very clearly that Kenney
made the deposits on five days out of the
week. was going down and coming up
from Rehoboth every day.
Mr.. Bird How do you fgurep Here are
slips on July IS and from August 10 to
September 10.
The Court-These checks are clearly in.
admissible only checks from July 2l to
August II arc admissible. District At
tornay we will take the evidence.
Counsel for the defence made search and
found four checks.
The slips were admitted
District Attorney Vandeg-ift-The de-
fendant stated on the stand he was not In
Dover during large part Of July and
August.
Here are bank slips showing deposits at
the bank and Boggs does not remember
single instance where deposit slip came
by mail But 1 am content to lot In these
six checks.
District Attorney-Mr. Kenney stated
when you got this 5000 check from him 1t
was for the account of E. T. Cooper. Look
at this copy of telegram, Mr.. Boggs.
Mr.. Bird sad that the testimony was
either for Cooper or Boggs.
District Attornoy-Whose account was
1t forP
Boggs was about to answer when
the court ruled it was not In rebuttal,
Tho District Attorney read Kenney's
evidence on the giving of the check.
Mr.. Boggs, with respect to the 5000
check, have you any recollection as to that
instancep"
Boggs-I called upon Mr.. Kenney and
showed him the telegram to me making
call
Imay have told him that Mr.. Cooper
was nc in town.
The Court do not think in rebuttal
that this telegram should go in. The
words In telegram between three persons
cannot go in to prejudice and perhaps un.
justly prejudice the defendant.
Boggs-The failure of Cole & Co., had
nothing 10 do with the assig nments made
in the absence Of Mr. Kenney by Mr..
Magee.
The Anderson assignment was as sup
posed in Kenney's office. He heard moth
ing from Magee or Kenney. Witness saw
kcnney an hour before be left Dover In the
'AAoo VI SoiohSl LIZ H. COUpcEs |
District Attorney Now want to chow
that this defendant knew Boggs was going
sway and was going away for good and
hat he never said word about cutting
If the assignment.
To Mr.. Bird, Boggs deposed that during A
July '06 Kenney would be In Dover five.
lays out of the week. He knew Of mon who
made out deposit slips, although they did
lot live near the bank. Could not tell when
10 bought the Bay State Gas Stock. He
hought he bought it 'or 81 and sold A. If
had 100 shares at n they would require q
margin Of e. 80 share.
II he bought outright they would
ost $3.50 and sold 1t at AK they would
calize $725 making loss of s625.
10 III. Vandegrift-Besides s4O7 to Ken.
ey's account there were two small notes
7hich he collected.
Deputy Sheriff r. S. Downs was the
ext Witness
District Attorney Vandegrift asked him
tho check for $3.50 was given by Kennoy
. tide over the Sheriff.
Mr.. Bird objected.
The Court ruled In the question.
Downs-The check was received as cash.
nd 1t was distributed tho same day. The
aux book and deposit slip of Sheriff Shaw
ere admitted as evidence.
John W. Cassons, Of Dover, deposed he
secretary and treasurer Of the Farmers
uildng and Loan Association. Ho pro-
uced the minute book Of the association.
he minutes showed that Boggs was Civ
, loan Of $1,000 in July 1896.
District Attorney Vandegrift said this
'ldence was In ,rebuttal to what kenney
ated that the loan was secured to pay of
10 sl650 check.
District Attorney vandegrft said that
70 Government would close with one wit.
ms after Col. Cooper. John H. Batoman
stif1sd In answer to District Attorney
andegrift after an objection had been
erruled by Court, that he issued an order