Evening journal., 1898-12-16

become the tail of "A kite, or go to bank
10 be paid2 No man who Is not a nc sub
come Of IT, 1 reckon he would know that
when he writes a check for $500 for T.. b.
Cuthbert x Co. on the First National
Bank OF Dover wonders what Is 70 be-
come OF IT, l reckon he would know that
they would collect 1t. That is what II Is
sent for, not for fun, but for the 5000
surely Mr. Kenney would know II he
sent II that Il would be deposited hy
Cuthbert in his bank and come by way
OF the exchange bank back to Dover
ihey are trying to confuse and mystify
you by these books. Didn't Mr. kenney
know all about these books? Mr. Ross
proved that there were two systems of
Keeping books. and that the Farmers
Bank system was a good one. / don't sup
pose that Mr.. kenney knew what this
system was. These books show that these
checks came back from Philadelphia
through the Farmers Bank, found their
way 10 the First National Bank and were
paid Here were eight checks. Now put
the three II you please, sirs, back In he
corner of your minds for the present-the
Shaw and Anderson checks and the $500
check which Mr.. Kenney gave to Mr.
BogEs when Mr.. Cooper was absent I'm
Boston or Galveston, Texas all sides
agreeing that he had no interest In this
Then these eight other checks charged I'm
this Indictment and that Is an. These are
all YOU have to deal with in this case. for
Indictment They aggregate $500. and
no more. These other eight checks were
given on his own account and for his own
benefit and the government makes no
contention that these checks, some Of
which were oVerdrafts We're ultimately
made good and paid Now what have you
to believe? Take that check dated June
p, 1896, drawn TO the order of c. b. Cuth-
bert a CO., on the First National Bank OF
Dover, for $500. signed by r. II. Kenney
al N.aH IN
kenney Is not a lunauc He knew that
check was coming back to that bank. He
knew that he intended to meet A. ] don't
know whether he knew that whether ne
had that money I'm bank or not. but
whether he had or not he Is not guilty
unless you believe he had an agreement
with Boggs. Stop me now. your honor
II / have not stated what Is true, as to
the law in this case. As to these eight
ehecks which this defendant gave 10 t.
B. Cuthbcrt & Co. representing $500
running from May down TO some time
in July the I'd. ] think 1896. Covering
that period OF time, remember these
eight checks theni given by Mr.. Kenney
on the First National Bank of Dover. /
shall not take them all up, for they are
all In evidence, but take but one TO H.
lustrate that whether his bank account
was good for that amount or not cover
| ing that period Of time. In the absence OF
an unlawful and fraudulent agreement
N
IN the absence Of that you cannot convict
1im, no matter whether he had the funds
there or not to meet these checks.
Why? Why from General Kenney's own
testimony, / have no doubt when / say H.
whether ne likes a. or not that
he did keep a very loose bank account
| he stubs were not properly kept. yet how
many do not check them at all. When
| come to think OF IT, ] remember one OF
the best legal practitioners IN this county
was man who did not have a legal
| paper that he did not carry I'm his hat
/ have seen that wolf remove his hat. take
out Of it his bandana handkerchief and
/ let whole mass Of papers fan to the
| loor. Yet that man practiced law I'm hl.
| hat. Uaughter) How many men are In
| The habit Of giving checks away from
their offices where their check books are
| No doubt YOU have had to do Il your
| selves. have. A man should never Civ,
| a check without having his check bo0l
with him. II he cannot always have his
Dig check book with him he should carry
| a little one in his pocket. Is there any
| thing wrong in that? Would you convic
| man on that2 Remember, unless yot
| believe that when Richard r. Kenne,
| gave those eight checks during that per
| lod OF time he had entered into a con
/ tract and agreement with William N
| Boggs, practically that these two mel
| would rob that bank, you cannot return I
verdict OF guilty. Gentlemen. answer me
am overstating Il; am I painting It: an
giving IL to you as IL exists? Remem
Der the whole amount at any one tim,
that he ever owed that bank was So 500
There were times In that period when h,
had balances to his account. Mr.. Ros
has so sworn In this court He has tol,
you that there were balances to Genera
kenneys favor during these periods o
time. He had credits often, but what doe
General kenney tell you? He tells yOl
that he relied upon the settlement Of tn
bank book. / don't know whether yol
| nave ever looked at these bank books o
Mr.. keneny's. They are rather interest
Ing In view Of the fact that they repre-
| sent the kind Of an account he kept Yoi
! viii have them, for they are I'm evidence
II have chosen the least or largest yO
q can look them up for yourselves. Now
i am dealing with June. 1895, one month AZ
: ter this thing is claimed to have begun
: Just let us look. He ran down the cred
us on the book, showing among other
these deposits; May ], si0iSi May
: $685. same day. $500. Then tine discouu
J Of a note Of S295.10 May g. $3.50: May l.
: tl45; May T. $500; May Is. S32AS2; May i
: A3; May 20 800. May %. sos: May p
$3.50 May q. draft, S2,950; May %. si0
{ May 30. s1272s
Call that an active account for Law
yer? exclaimed Mr.. Bird Now there's on
I month. Why, gentlemen, that Is about a
y active bank account as you find here
$ read OF. II Is not like the account
the fidIldu ana iioillnRSWOftn COmUanl
= but IL is a pretty active account for
I man practicing In the town Of 5000 or 4
2 600 people. but In n very rich countr.
n Here was a man having paper discounte,
T. IN receipt Of a handsome income from h
2 practice, doing all kinds OF business n
r quiring payments IN drafts and keepin
Z the kind OF an account he did WithOl
care and diligence. That Is all TO be sal
J. IN his favor. IL was a loose account,
e haphazard account. He comes on n
= stand with that matter which carrie
u conviction with II 10 every man. and say
II didn't pay much attention to the a.
i count. I relied on the bank TO keep m
q account. ] relied on notice from the bar
n when overdrawn. He not only relied upc
q It. but he got notice from the bank Hl
., that fact found Judgement IN the minds
D. you men, who are trying this case?
Z he was hand In hand and arm in ar
y, with this confessed embezzler. or d
N Kenney know anything about him rO
m bing the bank Of the best part OF 500 0l
P why, II he was I'm partnership with IN
man. would II make any difference Tn
y the bank should notify him that he vi
y overdrawn and that he should put b
= balance straight as he did2 Why the
~ was another little thing which occurr
'e to me in passing-it was trife, but THU
T. not TO ignore tribes; sands make q
mountains and moments make the year
y so don't disregard a trifle. IL turned o
In this case that during all this period
le time there would arise questions abO
- fees Not great fees hut small fees