Evening journal., 1898-12-15
DRAWING TO A CLOSE
The Kenney Case Will Prob
ably Go to the Jury Saturday.
MR. BIGGs OPENS FOR DEFEECR
A STRONG ARGUMENT FOR SENA-
TOR ACKNOWLEDGMENT AT
TORNEY VANDEGRpFr I2ERsE-
CUTTING NOT PROSECUTING MIR.
KENNEY- OTHER BANK CASES
GO OVER UNTIL NEXT qNERNi.

OOluNN NOl IhOs9t4OIlA l4Nhr uliN
KENNEY- OTHER BANK CASES
GO OVER UNTIL NEXT qNERM.
AT the opsning Of yesterday after
Moons session. OF United States Court
in THE case Of the government vs.. Nen-
ator Richard r. Kenney, Mr.. Biggs pre-
scented his prayers for the defense 10
the court.
It was exactly o'e,ock when District
Attorney Vandegrift began his opening
address to The jury, and at the clos
ing of the session at . o'clock he had
not finished. His address was a a COM
prehensive review of the case and set
forth clearly and concisely the prose-
cutions view of the case.
Mr.. Vandegrift said that the verdict
In this case is not only Important TO
this def ndant. but also to the people
of this state. If there les any reasonable
doubt in the minds of the jurors the
government of the United States de-
sires and asks that the defendant ne
given every benefit of The doubt A
doubt must not be founded on the mer-
cifut inclination OF the jury, but must
he a doubt that remains after each
particle Of evidence has been carefully
weighed.
There is NO doubt. and never mas
been q doubt since the testimony in
this case has been completed. Every
point that could suggest "a reasonable
doub- has been met by Ne testimony
produced 10y the government The de-
fendant here stands stripped of evagg
defense that he and mis- able counsel
have undertaken TO make This de-
fcnGant Is man of affairs, Cceupying
a position of honor in the state, and re-
eardfd as a leading member of the bar
in tho county in which me lives. Being
a man Of affairs he gets up here before
YOU and says that he drew checks and
drafts without regard 10 the conditcn
Of his account. He has been convicted
by the words out Of mis- own mouth.
BOGG's TESTIMONY.
"Tks government does not ask the
jury to depend wholly on the word ct
William n. Boggs, said the district at
torney. In fact. his whole testimony
can b ehrown out and a verdict OF
guilty aiven on the evidence contained
in the books OF the bank. AS an in
stance. take July ]. 1896. On that date
this defendant had a balance in hank
of S201. "a, vet the books of the bank
show that at THAT time there were out
and paid and were being carried $500
worth OF checks of this defendant
Now If these checks had been charged
as they should have been. this defend.
ant instead of having a bafance to his
credit of S2O154, had an overdraft OF
81 .59S.46, therefore. he had out OF that
bank just the amount without knOwl-
edge Of the officers Of the bank"
AfUsr speaking on Senator Kenney'f
account the district attorney turned his
attention to convincing the jury thai
Boggs' testimony had been supported
at every turn. He told how the books
supported the ex-teller's words that the
defendant had gotten money out of the
bank on checks that he had issued and
which the teller had carried for him
! He also scored Senator Kenney heavily
saying that the only reply the defend.
ant could make when asked how II
was that The books OF the bank showed
/ that he had Overdrawn his account fol
| several thousand dollars, was that hi
could not understand how it happened
and also how he had prolfeesed igno,
rance that any checks had been carried
for him, when the books of the banl
showed cOnclusively that the checks
had been carried. thus support BOggs
testimony that he had protected Sena
tor Kenney's credit and helped him b1
cashing and paying his checks out o.
the funds OF the bank.
BOGGS' POKER PLAYING.
Mr. Vandtgrift devoted a few min
utes to JOslph w. Hazel, who had testi
fed that he saw Boggs play cards 70
Imoney as far back as 1881. MIR. Vande
grift said that the government hat
been fortunate enough in seeking on
Of the three other men Hazel place,
in the room with BOggs. Another C
the men was out Of the state and tn
third was dead, but the one brough
into court had testified tKat he neve
saw Boggs in the room or afOut tn
hotel. The district attorney said tina
1.-THE jury could have no trouble in de
ltermining whether William n. Bogg
had stated the truth when he said tha
he did not play cards for money priC
TO 1895, or whether Hazel had told wha
was correct when he said he saw Bogg
play cards in 1851. Mr. Vandegrift sal
that in 1881 BOggs was a little owe
Is years cf age, while Hazel was
young man OF 20 years. yet when Haze
saw Boggs. his classmate and a mer
boy, a STRIPPING, playing cards, smok
ing and drinking whiskey. with grow
men. he had made no effort to lay
charitable and elderly lind on tn
shoulder cf the lad and show him her
he was doing wrong
Harry A. BrocksOn. Of New Castl,
also came in for a share of criticism q
the hands Of Mr.. Vandegrlft The prose
cutting officer said that he desired {
clothe BrOckson in all charity tha
could be accorded him. He was wiz
l ing to let the jury decide betwee
b. Brockson and James r. McIvor. wh
/" had met Brockson on the street befoI
G BrCckson had seen the attorneys fc
the defense. and to him (McIvoI
Z Brockscn had denied that B0ggs Ia
over said what Brockson on N wi
ness stand attributed 10 Boggs.
The district attorney Hen Dive
q strongly upon Senator Kenney's dea
= ings in Bay State Gas stock an
e handled the defendant 'withoq
gloves" He made an especial point ,
his voucher produced showing ths
s Senator Kenney held 800 shares of u