Evening journal., 1898-06-21


the interview, all Of which the court
ruled out. Mr.. Vandegrift asked Mr..
Kenney if he knew Thomas Ewall. OF
the Sun. The senator said that he did.
This question, like the rest, was also
ruled out.
Arley B. Magee, Of the Kent county
bar, was called.
"Are you a lawyer?" asked Mr..
Biggs.
"Yes."
Were you present when this bond
was talked of"
"Yes."
"Did you hear any portion Of it?"
''None before the bonds were signed,
but heard a portion Of one after the
bonds were executed"
'fWhat was said by Clark to Boggs or
by Boggs to Clarke"
Mr.. Vandegrlft objected to this ques-
ton because it had already been testi-
fed that there was no one present IN
the room at the time the conversation
took place except Senator Kenney,
Thomas S. Clark and William N.
Boggs. There was also some discus
sion as to whether the ground for con-
tradiction had been properly laid. It
was found that the ground had been
laid and the question was allowed.
Mr.. Biggs-"You were present when
the conversation took placer"
eyes"
did you hear any portion of it?"
'Yes. While they were still there"
After more legal sparring on account
Of the form of various questions put
all were withdrawn and Mr. Biggs
, asked:
Did not Mr.. Clark on that occasion, in
your presence, say that he would sign
the bond only on the<condition that II
was given to Mr. Kenney to hold, and
that he would be allowed to pay on II
as he was able?"
'gHe did"
"Do you remember having had 6
conversation with William n. Boggs OF
the street at or near the real estate OF
fee Of John r. NcGonigal, in which
conversation he asked you what pro
gress had been made in collecting thu
= bond?"
81 do"
"Did not William N. Boggs on tha
occasion ask you how you were get
ting along collecting the bond and 1
O anything had been paid into the offic
= on it?"
Words to that effect"
Charles H. Butler who is also to b
" tried for completely in the case, wa
called and asked:
'Mr. Butler, do you remember a cor
=, versation which you had with WI
liam n. Boggs in which he asked yc
. to come to Wilmington to bet none
on a race horse?"
n "Yes."
"Did not William N. Boggs, on tha
10 occasion, tell you to say nothing {
,t anybody about that matter, especiall
: to Thomas S. Clark, because he coul
not keep anything?"
10 Eyes"
6 do you remember a certain oth'
9 conversation which you had with hin
in 1896, the time spoken Of here wine
q, he borrowed two checks from you an
IN told you not to tell anybody and esp
he cially Thomas S. Clark, because
70 could not keep anything?"
Eyes, sir"
do you remember a conversatiC
which took place in May, 1896,
as Clarks office, in reference to Bay Sta
or Gas stock?"
Eyes"
in Anything said about portion
gs the mony, if any should bemade, goil
to Clarke"
mo, sir"
~ "No such remark was made
nd either?"
'No."
Was there anything said about col
10 mission?"
"Nlr. Clark said there was $50 or 5
nm to his credit which could 80 to p
commission"
Were the slips signed there?"
be- Eyes"
"William n. Boggs said in your pr
ence that he would take the stock a
ere pay the checks?"
Eyes"
ay- 'The slips were signed and deliver
to Boggs?"
ent "Yes."
Mr.. Biggs brought out some ref
ence to Clark and Butler talking
or Bay State Gas on the Sunday befo
but the court would not admit it.
18th Mr.. Biggs-'NIr. Butler, do you
MS member a conversation which tG
for place between Clark and Boggs in