The sun., 1898-12-15

II " =
poor fellow who has had none Of thes
advantages. The case Of this delendan
does not appeal oneeighth as much q
: the man who can plead ignorance Of tn
law"
Mr.. vapdegriit said that all Mr.. Ken
ney's counsel would talk about would b,
the ignorance OF Kenney and the rascal
ity Of Boggs. He said the jury NIGH
sweep Boggs out and take the books and
documentary evidence before them and
still Kenney is guilty. The district at
torney in meeting the defense's argu
ment that Boggs had malice toward
kenney, went on to show how Boggs
had destroyed every vestage Of evidence
against Kenney and all the others that
were in it with him, and walked out
into night and desolation. ''Boggs did
not confess the crime against these peo-
pie. No, he shouldered the crime him.
self and left these men high in the social
world and in matters OF State, to enjoy
life and the comfort OF their families. He
left his wife and four little children and
went out into life OF desolation.
''Does this look like malice toward the
men who had sacked his young life? No!
it looks like a man who saws I am
guilty. won't ask that the crime be put
on those men whose families are as dear
to them as mine is to me. Let the cur
tain DROP ..,
"And he went and he didn't disclose the
crime OF Kenney or any OF the other
men. How was it disclosed? Mr.. Bate
man the cashier has told you. In the
trouble just after Boggs fed, Mr.. Morris
and Mr.. Cooper Of the Farmers Bank in
the kindness of good neighbors offered
their services to the First National
Bank. While Cooper was in the First
National Bank at work Strengthening out
the defalcation, he said to Mr.. Bateman
that these names of the drawers OF these
checks are itemiZed on the foreign check
book of the Farmers Bank Mr.. Bate
man went to Mr.. Morris and found such
was the case. Then the door was laid
open. It's the old story, you can't cover
crime go that it wont come out"
Mr.. Vandegrift described how the in
dividuals connected in the defalcation
were thus discovered by tracing the
books Of the Farmers Bank. All this
was over when Boggs returned from his
life Of exile.
"Mr. Ross told you he would never
have found who the individuals were in
this defalcation if it hadn't been for the
Farmers Bank. Remember this then
when counsel for this defendant under
take to defect you from the real issues
in this case by vituperation of William
n. Boggs.
Mr.. Vandegrift took up the testimony
OF the defense which had been brought
to contradict Boggs and in every case he
showed conclusively that the contradic-
tion had failed fatty as the Government
had produced competent witnesses who
had testified contradictory to the de-
fense's witnesses. ,'
The district attorney said that If W.
N. Boggs had malice against r. r. Ken
ney he would not upon leaving Dover
have left all his worldly assets with him
{ (Kenney). IN. .8
After speaking of the testimony of
James T. McIvor and James Cody who
testified respectively that Brockson and
HAZEL had sworn falsely, the district at
torney said there is another rung in the
ladder on which Kenney tries to climb
out Of his crime, destroyed in your
sight. ~
THE defendant said E. T. Cooper and
Boggs suggested his going into Bay State
Gas. asked Mr.. Kenney were Won
counsel sor the Bay State Gas COMPANY
Of Delaware% He said never in my
life Did you receive a retainer from
the% No, sir then asked him if
he didn't on August transfer some
stock to another man. He said no, but
1t was getting hot for him and admitted
getting 100 shares for private gentle
man, but didn't want to say anything
further. Boggs said Kenney gave the
suggestion which carried Cooper and
Boggs away because Kenney was counsel
for the Bay State Gas Company and
stood in. Let us see who told the truth.
kenncy or Boggs.
II produced the bill rendered the Bay
State Gas Company by Mr.. Kenney for
legal services and his receipt for the pay
ment Of that bill.
Then Kenney knows he must be des-
perate, the avenues of escape are rapidly I
closing. kenney rushes on the stand .
and again swears on the bible his legal SER
vices were not for the Bay State Gas ,
Company, but for J. Edward Addicks.
subpGnaed J. Frank Alice, whose i.
aame appears on Kenney's bill as mem.
Der OF the executive committee which :
approved his bill. Mr.. Alice testi6es
hat kenney was counsel for the com.
oany and got his retainer.
"Gentleman, If there wasn't ANYTHING 1
'ut that awful swearing, you would
nave to convict Richard R. Kenney and +
ask you to regard it leniently. The de. ,
endant knows he is guilty." =.
Mr.. Vandegrift showed that Kenney =
'ald up the money gotten on his account
'ut dld not pay up the money gathered
IN Boggs' account
IF the revelation of the defalcation :
lad come on in May IL, 1885, this de-
endant would have been where poor
j;o.oper is, owing the bank thousands OF
lo!iars: He paid it. but he is lust as
,uilty." '''' 10
Mr.. Vandegrift showed that if the
rash had come on July, Is, 1896, Kenney
It that time had 81, 4,3s0O1 Of the banks
money without the consent of the bank,
IN July %, 1896, he had 81. 4.67O.Ol an.
'lied to his checks without banks CON
e ent; August "a, $3,825.s7; August 2S, :
y, .53; September 2, $3,73S.44; Sep.
ember l5, $2,712. 10; October ~,
J l,SN.73; and from that time on to
december il grew less On Doca,,horo o