Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1898-07-28

anu treat tnem as you una IneW.
There is M man who hreatbed
freer than this defendant when the
last OF thu 50, 800 was paid, but
the fact that it was paid does
not alter the situation. The poor man
in Trenton would have been glad to |
pay his share il it would have straight
ened matters up.
tThey say that Boggs Was the cause
of John II. BHteinBn swearing to four
lies a year. Although Boggs was notary
at ths bank ] am Informed that Mr..
Bateman WAS sworn by an outside
nutary.
"They say John II. Bateman consid-
ersd this defendant Il good customer at
the bank. Would he have considered
him a good customer had he known tbs
condition of affairs?"
Mr.. Vandesrift read from the teeth
mony of Senator Kenney.
He spoke of the $500 aud called at
tentiou to the words NV. N. b. &C.
count" thereon and asked tho Jurors to
remember the testimony of Senator
Kenney and BoggH con cunning IL.
He also read from the Testimony of
EzsSiel Cooper Of the Farmers Hank.
~ read this testimony. his said, ito
show that the witnesH Boggs went to
the defendant MS counsel. The defend
ant undertakes to say in his testimony
that during this time he did not know
| that BOggH was defaulter, although
| he was interested in making collections
for Boggs, some representing gambling
| debts.
"Gentlemen, l have dona my duty in
| this cass: have done my full duty
and nothing more. The time has come
| in this State when msn cannot get
something for nothing at the expense
of others. | don / care what verdict
you give, so it is a stroke for morality
and lleoency in the State which love.
| The burden is now of my shoulders
| and leave tbs matter with you. One
| of counsel for the defence has said they
do not want the defendant to have the
benefit Of doubt, while tbs other has
| pleaded most piteously for this benefit.
One blows hot and the other cold.
They plead for the members Of the de-
PENDANTS family. i pity them and
would do all could for them. There
is no man that gons down in crime that
does not drag others down with him.
But there are othars to be considered
in this matter. There are others WIN
deserve pity. Remember the family OF
this man who fed. They we're left
almost beluless in the little house in
DIVER. There are others who have
suffered by this deialcation.
NAV that have done my duty and
terminated my connection with this
case l leave the matter with you and
trust you will do your duty and your
full duty ami rendera verdict according
to the evidence"
/ GH.nhad tta MI
exactly Ii o'cluch, having talked just 80
minutes in addition to the 30 minutes
last night. His address was powerful,
the closing remarks being exceedingly
strong.
Judge Bradford charged tho jury
Friday morning.
The Judge began his remarks by in,
forming the jurors that the Indictment
charged the defendant, Richard X.
/ Kenney, with violating section 5000,
United States Revised Statutes. which
he read for their information. The
words .'any association, he explained,
as used lin the section, referred to any
/ national banking association, and th,
First National Bank of Dover is aucr
: an association. The counts remaining
: in the indictment. he reminded tht
jurors, are Nos. 10, IL, IL, IL, III anc
, | lS, and said that the FIRST three counts
charged the defendant with aiding ant
4. abetting Boggs, as teller of the bank
to misspply funds Of the bank for thu
, use of Boggs, and the last three charged
, this defendant with aiding and anettinl
, William N. Boggs to nisapply funds TO
the use of the defendant, and in 0rde
To find the defendant guilty there mus
, be no doubt in the mindp OF the juror
! that he did the things charged In tn
4 indictment.
a II was proved that Boggs emhezzle'
: S1OT, 600 OF the banks money and tina
: the loss was discovered by the official
Of the bank a few days after Boggs' de
{ narture. Irving ID. Boggs testified tina
2 tn defendant had overdrafta in his nc
Q counts al the bank from time to time
o The Judge reviewed the evidence @
William N. and Irving d. Boggs relu
It two to recording the deposits Of Sena
It Tor Kenney, referring especially to tn
!. abatement by William N. Boggs thR
Q all Of the deposits of Mr.. Kenney, wit
If the exception uf four, were recorde
u con temp0raneously with the time the
were made. He RlsD gave the aubstanc
It OF William N. Boggs' testimony show
il ing the length of time the four deposit
| were WlIHublut anu nhiu tuu 'oHtimou
% of expert accountant L. Edward Kos
!. also showed the length OF time the ut
10 pueits wers held out.
Is Tho entries, be explained, are befoI
10 the Jury not aH evidence iu themselves
d but to be ussd in connection with th
10 testimony of William N. and Irving +
|, Boggs.
ii The law presumes. be explains, that
70 person is innocent until proved guilty
10 and unlesa the Jury is satisfied, beyon
~ doubt. that the charges have bee
J. proystl, the defendant cannot be forn
1t guilty. He instructed the jurors tha
m they must not convict II they had
reasonable doubt OF the guilt of the d.
If PENDANT, but if they are satisfied bl
,s yond a doubt they are required to fin
Or a verdict of guilty. -
is The Judge referred to the testimon
Of tending to show the good reputation I
Ia the defendant for honesty and IL
ID tegrity and said such evidence sLoul
Q. be- taken into consideration, and I'll
in Jurors should exercise their sound juds
10 ment with respect to 1T.
20 Tue Judge said that while it was h
TX duty to call attention to some OF IL
IN evidence, the Jurors were not TO be il
I'd fluenced by any utterances he migl
IN mako concerning it, but must be guide
i'll solely by tho evidence.
Y. The Judge reviewed the evidence vii
On respect to the checks referred to in ii
Indictment r.
nc "There is oral and documentary ev
m tlence, - he said, tending to show tn
at the times set forth in the indictme
Il | ,hoalra tva.a MD ot,t nf rhp fIlnda