Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1898-12-08
1--WE admit that Mr.. vandegrift

tn1t the cDeGSSt rfferreC TO Ill tn6 lztll
count of the original Indictment,
amounting to ~, 4;34, less S1T9, a check
which he could not prove, and it was
agreed that q check for $500, which
had been deposited in the German
American Title and Trust Co.of Phila-
| delphia, on November 22d, 1896, having
been drawn by the defendant to the
order OF William Anderson & Co. of
Philadelphia, and given to William N.
Boggs; that it passed through the
exchange banks to the Union National
Bank of this city. by which it was
collected from the First National Bank
OF Dover, the check being for the use
of William N. Boggs and Kenney
deriving no benefit therefrom.,
Mr.. Vandegrift said the same ad-
mission applied to all of the other
| Anderson checks, which were for $3.50,
S275, 5000 and $3.50, the aggregate,
including the $500 check, being 81, 255.
| Mr.. Vandegrift added that the adj
| missions applied to tho checks where
they appeared in the first and second
indictments. He also offered in evil
dence the checks mentioned in the
18th count of the original indictment
and the ninth count of the second
indictment, except 5000 check drawn
4 on June 4th, 1896, with the under
standing that thoy were drawn by Mr..
Kenney in favor of q. B. Cuthbert &
Co. OF Philadelphia and proceeded
from Cuthherti & Co. through the ex-
change banks to the Farmers Bank at
Dover and collected and paid by the
First National Bank of Dover, the
checks being as follows: For $3.50, paid
1 May 18th, 1896; $3.50, May 14th; $500,
June 4th; $500, june 9th; $500, June
10th; $500, July 1st; $1,000, July 3D.
He said they were admitted SO far as
they appear under the indictments for
his use and were paid by Mr.. kenney
at dates after they were paid by the
bank, the bank paying some of them
when he had not sufficient funds there.
No objection was offered to admitting
them, but counsel insisted that they
were paid by Mr.. Kenney.
eyes, y said Mr.. Vandegrift, latter
they had been paid by the bank.
"Sometimes the next day." Mr..
Biggs added.
"Well," Mr.. yandegrift remarked,
"that is matter to be proved"
Mr.. Vandegrift also offered, without
objection, the check book of Samuel
L. Shaw, sheriff Of Kent county, in
, connection with tho s1,650 check II
was agreed, he said, that the s1,650
Shaw check given by Mr.. Kenney tc
. the order of Sheriff Shaw, on May
9Th, 1886. when it was deposited by
Sheriff Shaw in the First Nationa
, Bank OF Dover and collected by him.
! The original check had not been pro
duced, and for that reason he offered
the bank book of Sheriff Shaw. HI
remarked that the check was for tht
, use of William N. Boggs.
, "And solely for his use,o Mr.. Birc
, added, "and Mr.. Kenney derived nj
] benefit from it, Z
Mr.. vandegrift also offered in evi
{ dence the foreign check book of thu
!. Farmers Bank at Dover, so far as i
! related to checks collected by it from
= the First National Bank of Dover
which checks had been admitted; also
/ the Cuthbert ledgers and letter books
i SO far as they relate to the account!
of Senator Kenney, such admission
being confined to the checks admitted
also the following checks: For 5000, il
a favor of Samuel w. Hall, dated Ma.
7th, 1896, $500, in favor of e. b
= Cuthbert a. Co., dated May 9th; $240
i in favor OF Thomas M. Gooden, dateC
4 May 18th; 500; in favor of James III
4 Hughes, dated June oath; 800, il
favor Of Thomas S. Clark, dated Jun
; 29th $628. 1S, in favor of John Keenan,
dated August 21st. The checks wer
admitted, Mr.. Biggs remarking tina
: they were the sixciiecks not mentione,
q in the first Indictment Mr.. Vande
: grift said such was, the case, excep
, one check, which had not been pro
! duced.
Mr.. Vandegrift also offered in evi
dence telegrams from Il. B. Cuthber
= & Co. to. Mr.. Kenney, so far as the
} related ITO the matters in evidence
and telegram from Mr.. Kenney +
!, Deputy Sheriff Downes, relative to tn
= purchase of farm at Harrington AM
i relating to the 81, $50 Shaw check.
At 4.30 O'Clock court adjourned
!. until 10 o'clock Tuesday morning.
l. When the case was resumed Distric
: Attorney Lewis e., Vandegrift an
i nounced that he had served motto
d upon the defendants counsel, about
II o'clock Mondaynight, to produce certai
checks and papers, but all had nc
q been produced, whereupon Mr.. Bigg
V said it was an impossibility for hi
: client to produce everything asked fol
4 on the ground that Mr.. Kenney, bein
"a counsel for many people, had q larg
\ volume of suoh transactions II
"a claimed that the notices were nc
n specific enough for his client to lsno'
lust what was wanted. Mr.. Bigp
|. claimed that all of the checks aske
II for had been produced, with the ex
d ception of two.
:. Mr.. Vandegrift said he only kne'
l. the checks from the amounts specific
N in Mr.. Kenney's pass book.
,r Judge Bradford said that to requir
the production of all checks within
l. certain period, without further spec
fication, would involve gross impro
rs priety. If, however, the governmer
had specific information concerning tn
rs checks and. they were material an
IN should not be produced secondar
evidence would be admissible. Th
l. court declined to make an order n
ID quiring the production of the cheer
a. in question. ~
is William N. Boggs, the defaultin
ID teller, was the first witness, bein
IN called by the government.
10 In reply TO questions by Mr.. Var
+ degrift, Boggs testified to being tellt
is of the bank prior and up to May 29tf
as when he left on account of his shor
D. age. The shortage, he said, it wa
impossible to carry any longer. III
ye question was as to whether he shoul
at leave or confess, and he decided on til
a former course. The shortage began
h. 1893, when he began to extend favo
ne to Thomas S. Clark. Witness held u
p checks for him, paying and holdin
IN them on Clark's promise to pay. Clar
ok failed to pay at the times promise
a. and witness told him if he did not 4
at SO an examination of the banks atfai