The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1898-07-21
ADDRESS OF
SENATOR GRAY
States BO6gS Could Figure the Devil
Out Of His Real Estate,
WAS THE INTENT PROVEN?
Whole CaseRests Upon the
Guilty Intent of Senator
Kenney-=If Proven
lie is Guilty.

terday afternoon said that his colleag II
had covered several points which he in
tended to cover. Therefore his address
would not be lengthy and would only re
view the record aud it was not necessar,
to emphasize the points already driven
homo to the minds Of the jury.
1t Is tho intent that makes tho crime
No man can bo guilty II hs heart is limo
cent What did r.. r. Kenney know a.
to tho Intent or criminal tran nsactions ol
Boggs when Kenney gave these checks to
Boggs. With what evil intent did Keuney
give those checks. Was there a criminal
intentf That is the one question to decide
There is no pretense that any money was
taken from the bank or that a cent went
into the defendants pocket by Kenney 9
own checks.
The real issue has been obscured and You
have taken away this chaos of books and
papers which for convenience Is called doc.
umentary evidence. 1t Is your function
under tho laws Of your country to decide
the great question what was the intent
Of Richard r. Krnneyp We boast of a
free country. We are proud of our liber-
ties All the blood spilled eliminates In
putting twelve men In jury box to stand
between .citizen and an unjust 'accusa-
tion. challenge your consideration OF
this Important fact. What was kenneys
intent when these checks were givenp
ills not sufficient to charg 9 crime. No
notev by grand jury. 1t brings no
presumption. Inever heard of such an in.
PRODUCTION before. for If 80 we might 20 into
the grand jury room and find out how they
voted.
u say prove that Richard r. Kenney with
guilty intent aided Boggs by these three
sets OF checks to injure and defraud the
bank. We admit he gave he checks We
don't want these books. Throw them out
the window, we admit all they contain
The Government claims these checks were
given with evil intent to cheat the bank.
1t has not come to that In this country
f.ours where man can stand here and
feel TINT his liberty Is not safe at tho hands
of jury upon such evidence as there is in
this case You cannot remove the pain
and modification Of this man but you can
by your oaths tell him to go as a free man
with an unsullied name. Kenney Is not
indicted for being over confident. He is
indicted for aiding and abettlng the man
he accommodated. That man h as said I
know you Accommodated me but will 20 on
the stand and testify that he had guilty
Intent when he gave me the check. It
would be better for this defendant to bo
slain than. TO send him to penitentlary
for five or ten years There is not bit of
evidence to show that Boggs ever said he |
told Kenney he would meet the 1900 Cuth.
bert check by the funds Of the First Ma.
tional bank. Why Is 1t that on this charge
you are asked to send this man to the peni-
'entiary by your verdlct2
The Anderson checks were series civ. I
n to Boggs because the latter could not
lse his own checks Kennoy's checks could
'ass through the bank and there was no !
ntimation they would be paid out of the
unds Of the bank. Where then Is the
Intent. Where have they proved
ne iota Of criminal intent on the part of
bis defendant Upon that one word-in-
all the law and profits In this
ase. Boggs nowhere says that he told Ken.
ey that his dsfalcation was s26 900, whsn
9 visited Ksnney In 1896
We are dealing here with facts that are
} down this defendant and not with in
'rences. Where Is the evidence to con-
'adict MIR. Ksnnoy cn the stand whom be
nd supposed Boggs was able to take
ire OF these checks out of bis own re-
'urces. Roggs stated that Kenney mus,
ave known that he was trying "honestly"
repay tho defalcation. 1 pray you may
'ver have to defend a friend whose In
,cence you believe from such charge as
is. would not have cross-examIned
oggs on figures for all am worth Talk
'out figures, why he could fgure.gthe
vii out OF his real estate. Just to think '
the absurdity of Kenney receiving the
lilty confidence Of Bosgs and give his +
ecks to that man. I
See that man, Kcnney 90 home and farce
wife, his little girl and his little boy
ii tell them that he had that day aided +
q abetted thief to rob the bank. l have d
It myself In jeopardy and l am going !,
put you In the same for life time of
ame all to accommodate William N,
'ggs
Boggs has confessed to his acts and +,
uld you send this man to the peniten. p
ry upon bis evidence. He was a living "
He lied to the directors and he lied TO :.
cashier. Where are you going to draw %
inc in Boggs' life. il
Why Is he speaking tho truth now and p'
In the years OF 1895. 1S96and 1897. ills fl
that you are to condemn Doggs but tt
ether you arc to condemn this man on as
evidence. then how will You go on your a, a,
'es and ask your God to forgive your ne
'passes as you forgive those who tres. da
s against you. This Is not an enemy of I'd
lrs. He Is not an enemy of your coun. ac
He hos placed his life in your hands vi
all he asks is justice, The day is gone tr'
Tor constructed felony. We are not go- ne
to slay this man on account OF his ha- OF
/. CoWe back to the six counts and de.
nipo If Kenney knowingly gave these az at
,ks with the intent to injure and de- W,
I'd the bank by aiding and abetting
liam N. Boggs His good name stands ers
.enney's protection. 1t is better to him sn. sr"
! the riches of the Klondike ho
Istrict Attorney Vandegr!ft began his ap
ing address to tho jury, bnt did not at, ~
'lude Mr. Vandcgrift said In part: tht
you have any doubtas to the guilt of the
defendant give him the benefit of 1t. pu
~ be the most cunning Of counsel who M, M
is lie from witness one afternoon
reiterated the next day, but when
community believes that of me, then
laws hero NAV he enled hnye dpnlt poe