The sun., 1898-12-16
|LElD|'|I FOR kE'NEY
apunsel for Defence Attack
Prosecution and Say BOggs
is Incompetent Witness.
bANK LOOTERS ARRAIGNED
)ndegrift Says Justice Miscar-
Eries if Kenney is Acquitted.

M Before the Jury--Mr. vande.
Nj grift will Close This Morn.
ing, and Defendants Fate
Goes to Jurors Today.
For hours yesterday Levi G. Bird and
phn Biggs, counsel for United States
Rnator Kenney, who is on trial for COM
icity in robbing the First National
Il INK of Dover, pleaded with the jury to
N Dquit their client.
|ME The deiense's plea was preceded by
v Ne conclusion of District--Attorney
I'm andegrift's strong arraignment of Ken
u Nv, as a looter of financial institution.
u Eoday Mr.. Vandegrift will make his
VI nal plea for verdict OF guilty and
fter the delivery of Judge Bradford's
5harge, which will probably be given
Mis- afternoon, the fate of Senator Ken
lev will be placed in the hands of the
Twelve Delawareans who are sworn to
hnd verdict strictly on the evidence in
The case.
The district attorney continued during
he hour after the opening Of the court
yesterday with the presentation OF the
Governments plea for the conviction of
Mr.. Kenney. The danger to the State
by reason Of the looting of financial in
stitutions was clearly pointed out. JUS
tice miscarries said the learned district
attorney, if convictions and punishments
! cannot be secured.
Mr.. Vandegrift pleaded with the jury
not 10 swerve from their duty by the in
fluence attending the defendant as a
member of the United States Senate from
this State, and asked them to find Rich
ard X. Kenney guilty after giving the
same consideration to the case as they
would to the case of man OF lower degree
OF intelligence and influential surround
ings than those which surround this de-
fendant.
.FS The district attorneys address was
wholly on the evidence adduced and the
real3 issues of the case against Kenney.
is manner was deliberate; his plead
II ings honestly and earnestly made. III
men can loot bank as the First Ma
VI tional Bank was looted" said the dis
ii trict attorney, land the men who do it
81 cannot be punished, there is no safety
for any OF us and we had better move
out OF the State"
x-attorney General Biggs, junior
counsel for the defendant, opened the
argument for the defense and Levi G.
Bird, Kenney's senior counsel who had
addressed the jury in the first trial, con-
| cluded the pleadings Of the defense.
Mr.. Biggs throughout his very able ad.
dress took the stand that the defense ad-
mitted that Senator Kenney gave all the
checks charged in the Indictment but
n contended that they were simply accom-.
4 mediation notes and that Mr. Kenney
w had no reason tn believe that Boggs had
zsssnot protected the checks.
# Mr.. Biggs violently attacked the testi.
mony OF William N. Boggs, asserting
that it was unworthy Of belief, and with.
out it there was not scintilla Of evi.
dence against Kenney. He also criti.
cised the district attorney for what he
said were unfair advantages taken by
him as prosecuting officer.
The explanation given by Mr.. Biggs as
to why Senator Kenney had been proved
false in his statement that he was not
counsel for the Bay State Gas Company
was this: III Mr.. Alice was right in say.
ing that Kenney was private counsel
after the defendant had said he was not,
does it not come right down to the point
that Mr.. Kenney simply made q mistake
in saying he was not private counsel?"
The address delivered by Mr.. Bird
was q long one. Mr.. Birds reputa-
tion as an orator drew large crowds tc
the Federal Building in the afternoon,
That gentleman was never in better CON
dition. His ringing sentences snd rhe'
torical flights; his incidents quoted In
connection with the presentation OF the
defenes's argument, held the interest Oi
the spectators throughout the afternoon
Mr.. Bird also has reputation as
) tNpieader. His effort yesterday defects
but little from that renown. The defense
Of Senator Kenney, which is the same
now IS 1t was in July is his ignorance o.
what Boggs was doing, and the rascality
and Incompetence of William n. Boggl
al a witness. All this Levi q. Bird pre-
sented in it's strongest light. Any vitu
peration OF Boggs; any suspicion that
/ raeHld"be cast on the district attorney
any impeachment OF the ex-teller; any
eufogy Of the position OF prominence
held by Senator Richard r. Kenney
that could possibly occur to anyone
sprang into the mind of Mr.. Bird anC
the jury was Immediately its possessor
( His vituperation and condemnation o
William N. Boggs was so severe in char
y acter that he finally requested the jur!
and the Court to excuse him for speak
ing 30 harshly.
Mr.. Bird argued that without the tes
timony of William N. Boggs, the Gov
ernment's case was incomplete. HI
\ argued malice on the part of Bogg
AGAINST Kenney. He declared no inter
est was held by the defendant in any o
!, the checks given and in fact he declared
that il would be impossible for any jur.
in America to convict Senator Kenne.
on the evidence in the case.
i The defendants counsel had not fin
ished when the Courts gavel adjourned
the session, and he win conclude thi
morning at 10 o'clock just prior to tn
closing address OF District Attorney Van
degrift
Il was trying day on the defendant
Continued on Page Two.
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