Evening journal., 1898-12-16
THE TRIAL ENDED
The Kenney Case Will Prob
ably Go TO the Jury To-day.
NIB. BIRDS ELOQUENT ADDRESS

BlI BELIEVED iWIllllE, WE
WILL MISS YOU WHEN YOU'RE
GONE" SAYS MIR. BIRD-NnR.
VlANDEGRlFT'S CLOSING ARGU-
MENT-JUDGE TO CHARGE to-
DAY.
AT The afternoon session OF the
United States Court ex1ANtoTney-Gen-
eral John Biggs occupied half an houI
in bringing to conclusion his admir-
able opening argument for the defense
in the case OF the Federal government
vs.. United States Senator Richard r.
Kenney for conspiring with William
n Boggs to injure and defraud the
First National Bank of Dover. His APP
lpeal for an acquittal had been impress
sive and convincing throughout, anO
the closing passages were especially
forcible and pointed. AT their con-
c.usion Hon. Levi G. Bird, senior coun-
ISL Tor the defense, began the clcsins
argument for the defense. For uwC
hours he he'd the closest atbention OF
the court, jurors and spectators. Al
times they were bubblng over with
laughter at thehuaint sayings and tren-
chant remarks of the senior counsel
for the defense; at others they vert
almost moved to tears by the pat'hos
Of his discourse. With relentless per
sisteney he piled the lash OF oratory Z
the backs of the prosecution and its
chief wtthess. w. N. BOggs, and the
force Of his statements and deductions
must have had as telling effect upoL
the jurors as they had upon the others
IN the court room. He said:
After what has been said by my learn
| ed colleague, IL seems to me that II is
useless consumption OF time for me TO
| open my mouth. / thought so even be-
fore / heard his argument. / thought so
, when you saw me rise and heard me
state to this court that we were willing
TO submit this case to that jury without
a word-and We meant IT, for II we
hadn't we dared not say IT, We believed
. then, as we believe now that no jury IN
r America would, on the testimony as this
case closed. have convicted any citizen
Of the country upon such testimony. But
5 you would possibly consider me not do
3 ing my full duty-nOt only to client,
but, in this case, to a very dear personal
> friend. SO you win bear with me and
I deal gently with me for the few minutes
/, I take of your time In presenting, gem
a tlemen, as truly as cautiously, as care
fully as / dare, the facts as they present
themselves to my mind. Perchance, per-
haps one word / may say might find lodg-
NJ y y
q reason. II stronger you need, for an ac-
: | quittal I'm this case. AS my learned col
Z | league said to you in the beginning OF
B. his address, there is one thing in this case
that you must be satisfied, beyond a rea-
5. | sOnable doubt IN order to convict TINS de.
g | fendant-and what Is that? II Is that az
: | the time General Kenney loaned William
n. BOggs $3.50 for the Shaw farm; 500
> for the Cuthbert account, and Sl,255 which
e he loaned Boggs in relation to the Phila-
II | delphia real estate transaction you must
, be satisfied beyond a reasonable doubt.
. taking up these other instances. thai
: when that man, General Kenney sal
Ill down and wrote those checks he then
J. knew that an unlawful agreement not
only existed between him and Boggs. but
that he then knew that Boggs was a de-
faulter to that bank Think of 81 A
r, man in the full vigor Of manhood: learn.
N ed in his profession; occupying a position
@ second TO none at the bar Of Kent county
e In your state; reaping i'm a handsome
IA practice year after year; with a family
growing up around him that he wai
II proud and happy in having; ambitious
a for political ascendancy I'm the party c
a which he had thrown his life Would
=, that man. without n nenny's worth OF
- financial interest; not reaping a penny o
E. benefit. no matter how the transaction
rs might turn out, and that he. knowing
ID then that William y. Boggs was a rob
- ber-for that is their theory, or rathe
~ not their theory but Boggs' testimony
~ that he, Richard r. kenney, under thos
Or conditions. would have sat down ant
l. written those five Anderson checks. tw
Cuthbert checks. that check for 800
which he loaned Boggs for Cooper's bene
fit, and other checks for 81 $50 he havinl
no Interest; knowing that that bank the
in had been robbed. as Boggs said he knew
e. Can this he true2 Is that consistent wit
any rule Of everyday cOmmon-sense? Ca
y you write that proposition on paper an
5n sit down tonight and read II. and say: /
a that so, that Richard r. Kenney gave hi
al IN
!, no interest in the transactions and tina
he did II knowing that the person
+ whom he gave those checks was a dc
n faulter2 With Boggs coming to hir
every day. still a defaulter, telling hiI
that he was still losing the bank
money by Clark, by Cotter. by Ford an
by all these others whom he has endeay
ef ored TO bring into his transactionsi The
no such thing would be done by a ma
NC against whom no suspicion had ever bee
n mentioned In that town OF Dover; in er
nd joyment OF a reputation second TO non,
sf making money; not crippled; not poverty
u stricken: not with the creditor knockin
at his door. but on the wave Of prospel
ity. and with an ambition Is II reasoI
a able to suppose that he should have dor
IN | that2 If you believe Il after you read
and go to bed believing II, you wi
awaken up out Of a dream which will te
you that you are mistaken; that n Is n
consistent with the rule of truth an
Of common-sense, and as between Williai
q
y, o9 swears that 1t is true. you, as plai
IL common-sense. everyday business me
Ike would take the statement OF Richard
20 Kenney that It Is not true. Now I sa
see and my friend will agree with me wht
- say It, that before you can convict hi
elu you are bound to believe that that agre
ment was made between William
Boggs and Richard r. Kenney. VIII
agreement? An agreement to misapp
and embezzle the funds OF that bank i
led you believe IL? You will not believe It an
in you can't convict him-you cannot belize
,ed that during all these years. as he puts
- from October. 1885. the date OF the inte
~ view when. he gives It. he went 10 Ke
vas neys house. down to the 29th of Ma
.ty, 1897. that that man, as he walked on q
lail streets; sat in a seat in the United Stat
Senate; as he walked the halls Of tn
building at Washington. knew that
was a thief or the confederate Of a co
fessed thief-and with what hope, wi
.rs, what expectation? Monet nonel Not
penny was he paid or did he get out OF
vi Not a penny Now take his own a
ted count take many another good man, .
ing Il friend has a most abject horror OF sto
re- ispeculations. but have no doubt that
- will get into Il some day. although
.ne says there Is no difference between