The sun., 1898-06-09
Mr.. KENNEY
ARRAICNED
In the United States District
Court, Together With Other
Men Indicted.
CASE MAY BE RENTED
From the District to the United
States Circuit Court
The Junior United States Senator Will
Possibly be Tried by a Full Bench.
j. Frank Alice and Others
Give Bond For Their Ap.
pearance.

Give Bond For Their Ap.
pearance.
United States Senator Richard Roll ms
Kenney, James Frank Alice, John Il.
McGonigal, Amos Cole, Charles II. But
ler and Harry +. Ford, indicted on Tues.
day afternoon by the April grand jury OF
the United States District Court fol aid
ing and abetting William N. Boggs in
the Iooting OF the First National Bank of
Dover, appeared in Federal Court yester-
day morning and after having been ar
raigned, waived the reading of the in
dictments through their counsel and
gave bonds for their appearance at
court.
Senator kenney was the last of the
sextette to appear and he entered the
court room at 1l.30 o'clock accompanied
by Charles Fl. Butler and their counsel
Levi G. Bird. Judge Bradford took his
seat upon the bench few minutes later
and United States District Attorney
Lewis G. Vandegrift announced that an
indictment had been found against Mr..
Kenney ,Id requested that he be az
raigned.
Clerk Smith then asked Mr.. kenney
to hold up his right hand and then be-
gan the reading of the Indictment which
formula Mr.. Bird Immediately waived.
Continuing the latter stated that he had
telegraphed Tor his colleague, United
States Senator Gray, and as yet did not
know whether they would file a de-
murrer Judge Bradford informed Mr..
Bird that he would be allowel reason
able time to do this providing they de-
cided it necessary.
A plea of not guilty was then entered
in the case of Mr.. Kenney through hi >
counsel, Mr. Bird, and the bail was fixed
at $4,000. Francis +. Kelly, of Will
mington; James Lord of Camden, and
Franklin Temple, of Kenton, becoming
his bondsmen.
After the signing OF the bond of Mr..
Kenney, District Attorney Nandegrft
arose and made a motion to the effect
that the case of Senator Kenney be
transferred from the District Court to
the United States Circuit Court for the
district OF Delaware pursuant to section
1897 of the Revised Statutes United
States. said offence being cognizable by
the Circuit Court Mr.. Nandegrtt then
read the section referred to ard this cites
that a case may b So RENTED provid-
ing the district attorney DEGREES it neces-
sarv.
Mr.. Vandegriit stated that he did not
ask for the remittance OF the case
through any personal feelings held by
him against the court but that he be-
lieved that a higher court should try Mr..
Kenney for the reason that he was a
United States official and held trust
that was considered one of the highest
gifts in the hands OF the people.
No opposition was made to the motion
BY Mr.. Bird but he requested that the
decision of the court here be reserved
until this morning as he desired to as
certain the views OF Mr.. Gray on the
subject.
Judge Bradford stated that he had no
doubt that Mr.. Gray would concur in
the remittance Of the case, and further
said that the charge against Mr.. kenney
was a grave one and the defendant man
that holds a high position. In his opin-
ion he thought that a full bench should
try the case.
In conclusion Judge Bradford said:
"Now | would that | were able to avoid
any responsibility and Il very disagree
able responsibility, OF taking any part
whatsoever, but at least t',ink that it
would be nol only very seemlv that the
case of this defendant should be tried
l l.t f,,11 bpt hot lh
have he assistance Of one of NY supe'
riors. The application strikes the court
very favonbly.'
The principal difference between the
district and circuit court is that in the
district court only the resident judge
may sit whilst in the circuit court an
additional Judge is required on the
.ncl,. Providing the case is RENTED
the association rf Judgs Bradford will be
one of three eminent jurlsts---Judge
Dallas Of Philadelphia. Judge Acheson OF
Pittsburg. circuit court judges, or Judge
Shiras of Pttsburg, judge of the supreme
court.
Notwithstanding the editorial printe,
in one OF the local afternoon papers OF
Yesterday, the indictment against Senator
Kenney specifically says. that the de-
fendant knowingly, wilfullv and unlaw-
fully aided and abetted William n. Boggs
in embezzling money from the First
National Bank of Dover and also that he
conspred with Mr.. Boggs to defrand the
bank of certain funds through checks
made payable to the order OF said Boggs
and others.
Prior to the arraignmen: OF Mr.. Ken
ney, Charles II. Butler was arraigned,
the reading OF the Indictment waived by
Mr.. Bird a plea OF not guilty entered,
and his bond in the sum OF $500 signed
by Stephen Slaughter, of Dover, who be
came his surety.
The first OF the indicted men to appear
in the Federal Court yesterday morning
was James Frank Alice. of Dover. he be.
ing accompanied by his counsel H. II.
Ward and Walter II. Hayes; his pros
ective hOpdsmen n Miffiin Wilson nh,