Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1898-07-21

uuyDuuy ulRut pb IrOul' Np' hohuSy
will show you Just what these trans
actions were, aud we will support it by
witnesses 10 such an extent aa to con
| the shadow of doubt that 10 all these
| transactions there was no shadow of
guilty intent, guilty knowledge On the
part Of the defendant.
At the conclusion of Senator Gray's
address counsel for the defence pre-
sented an application for writ OF
hHbeae corpus TO cause the keeper OF
the New Jersey State penitentiary at
Trenton, N. j., TO produce Ezekiel 4.
Cooper to testify here. Senator Gray
argued In behalf of the application.
| Admitting that Cooper had been con-
victed Of what has been termed an in
famous crime, he yet held that it was
not 80 known under the common law.
lie held further that no decision had
been MAIDS by any Federal Court as TO
whether suuh person would be com
petent to testify, and 30 1t remained
for the court to say whether or not
Cooper could be allowed to take the
stand.
In the course of the argument Judge
| Bradford said be understood that the
procesH of the court will he effective
anywhere in tho country 10 securing
witnesses for the government but is
limited in summoning those for the
defence.
Senator Gray was amazed at this
place of information.
nd you are member of the ju-
iicial committee" remarked ex-Sena-
tor Higgins, who was sitting near.
Senator Gray intimated that he would
have that fixed whom be returned to
Washington.
The Senator argued that where the
law contained no express disqualified
tion, the court should act under the
disposition which now prevails OF al
lowing wide latitude in the matter Of
witnesses, parties and defendants now
being permitted to testify. He held
that ii should not be that upon con
struction of tho law, Cooper could nut
open his mouth in court now or at any
other time. lie hoped the court would
be moved by the amelorating influence
of modern Jurisprudence which tends
TO open the doors TO light and truth
before an honest jury. Unless pre-
vented by some statutory provision. he
urged the judge to allow himself to
move in this reform and to open Coop
er's mouth.
Judge bradford said that 1t was a
grave and important question. and
likely to be an important precedent,
and desired to hear it fully argued.
Mr.. Vandegrift remarked that he did
not know that he would raise any OH
lection to bringing Cooper hers He
would not object to his testimony being
taken out of the regular order, should
II be decided that he can testify.
1t lie altogether probable that Cooper
will be brought here. The argument
4 on the question may take place to-day
or later.
! WILLIAM ANDERSON TEsTiFIEs.
The defsnce then called to the stanc
. William Anderson of Philadelphia, who
had been witness for the government
Anderson testified that he had bull
some houses-56 10 Hll-for William N.
i Boggs.
Bird--I want to ask you, il in any
way whatever, directly or indirectly
, Mr.. Kenney had any interest in thes
. houses?
Anderson Not that know of.
The witness said further that he hat
no dealings with Kenney; the check
signed by Kenney had been receiver
| lFOu nlllium buHRS w. II
# Cotter. He had not met Kenney hefor
10 the trial.
!, Mr. Bird handed the witness th
y letter sent by Boggs to Anderson, il
d which Bogga smoke of Kenney and hir
l. (BoggN) working IN harmony. Ander
son recognized the letter; but said b
T. never had any conversation with kenne
II with regard to it.
n Upon Cross examination the witnes
10 said that he had been subpnnaed b
70 the government to produce the lette
1t in question. He did not know Bogp
at the time he huilt the houses, br
!, made the first arrangements with Wi
3 liam Il. Cotter, from whom he receive
IF the checks. He had met W. N. Boge
IL socially eight or nine months before
I'd The extent of Boggs' interest 10 th
I'd houses was what was left after certai
Or amount had been allowed to the mi
le tsrial men; leaving his interest
10 1000 The Kenney, checks aggr,
gated 81, $50, which was for the use
Y. Eoggs.
IN ARLEY u. MAGEE ON TUE STAND.
or Arley 3. Mages. who had been SEM
10 tor Kenney's private secretary, and WI
T. law student in his office in Doy,
| a
70 county har. was next sworn. Mr.. BIZ
10 handed him document and asked hi
ne if his had ever seen IL before. lilo r
piled nilirmatively. The document W
rt transfer by Boggs to Kenney of b
interest in the Anderson houses,
% Bird-Was there I'm assignment
gu Magee-ies, sir.
NJ Bird-When and where executed2
40 Magee--That assignment was writ,
no in Mr.. KeIney's oiice at the instan
%, of William N. Boggs. MIR. Kenney WI
au in Washington. Boggs either wrote u
TO assignment or dictated it, or | wrote
ey or dictated it. 1t waa in Mr.. Kenney
". absence.
TO- Bir6-Had you any authority, direct
"a or indirectly, from Mr.. Kenney,
~, accept ii?
Mages-No, sir. never saw it h
ne fore that time; did not know OF
existence, There wers two made til
OR day. Roggs said he was afraid Cole
Co. were going to bust" and
IN wanted to transfer some papers TO N
lad Kenney, so that he might not lnse /
;he interest, being the company of Cole
of Go. The other assignment was a jud
ment OF j. Il. Oaulk of Chestertow
he When Mr.. Kenney came home, | tC
lit, him OF the transfer, and tho paper "
ids left in my desk, and Senator Kenu
On. said he would not accept such an
ue, signment anu that l had no right
ere accept it on his part He either cut
ing off 1.-THE paper of assignment) or did
an at his instance without any conferer
ths with Boggs ut ell.
INST Upon discrimination by n
M Vandegrift, the witness placed the til
i