The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1898-12-13
EVIDENCE NOT
ADMISSIBLE.
Harry E. BrOCksOn Admits
He Held a COnverSa=
ton With
REPORTER JAS. F. McIY0R,
But Denies That He Made
a Certain Statement
to- Hn,at Fourth
and Market.

The witnesses for the Govern ment in
the Kenney trial complain that Uncle
Sam has caused them to lose money. The
fare from Dover to Wilmington is $l.9o.
Car fare to and from the Court House to-
gether with dinner makes the expenses
reach e. 30 each day. Sometimes the wit.
nesses are held in Wilmington until thu
4,s7 o'clock express has gone therefore
necessitating the purchase of supper in
Wilmington. A witness who appeared
every day last week was out of pocket
Just 81 30.
When court convened yesterday after
noon District Attorney VANDERBILT con-
tinued his argument against the
admission Of a state made by Harry e.
BrockEon as evidence.
Mr. Bird replied to the argument of the
District Attorney
The court records showed Kenney was
indicted on June 7, and tho alleged con-
versetlon took place between Brockson
and Boggs was on June23, The statement
was therefore made after the Indictment
was found.
The court consulted the authorities and
said the question was ono Of unusual in
terest 1t is a matter of regret that tho
court did not have an opportunity to moro
fully consider the matter. But jury trials
could not be postponed indefinitely. The
question objected to is "When did you first
menlion this conversation and to whom
and repeat tho language that he Boggs
had used in regards to MI. kenney. The
objection rested on three grounds:
Frst-1b was part Of res gesta; secondly
1t was one of those cases where what would
be otherwise hearsay and thirdly to clear
away all traces Of fabrication.
In the first place do not consider this
evidence would be part Of res gesta. Green
leaf in his first volume states that where
declarations aresmere narratives they can
not be considered. A mere repetition of
the statement would not make the state
ment Of Mr.. BrOckson come within the
rules Of res gesta.
This court must follow the decisions
handed down by the Supreme Court of lhe
United States. 1t is not evidence In the
main andstis doubtful If it Is in rabutlal
or not. have been unable to find any la
ter decisions of the Supreme Court.
Tho alleged interview took plaza eight
cen days after the Indictment of kenney.
l cannot tell when Boggs went to the Gill
pin House, There is another view that
strongly impressed.
1t is lhi5-A door should not be unncccs-
sarily opened for the introduction of
wholesale hearsay evidence. Therefore
rule the evidence as lnadmissable and rule
tho question cut.
judge James Pennewill testified to
NtHics oHpNinG lliill tuc TJoJ Clcbh IL lcN
days after Bosys flight. A meeting was
later arranged at which Mr. richardson
was present. AS to what Kenney said
the District Attorney objec Cd
Brockson was called to the stand and
Mr. Bird announced he was through with
him. He testified he 1.-Two. in New Castle.
He reco,lectel me ''"g James +. MclvQr
Mt the corner of Fourth and Market streets
in this ci y and denied he held any co1ver-
saticn with him. Therefore he did not
say that Boggs lid not make tho state
men5 that Bird attributed to lin. He
said he knew more about his affai 8 than
all of his Democratic friends.
Ezekiel Cooper testified he heard Boggs
say last July that he Boggs had manpu-
lated Kenney's account and asked witness
not to mention ii. 70 the DistrictAttorney
Cooper lid he was assisting in securing
data from the books. Tho conversa ion
wa, led up to by Cooper asking Boggs
about kenney's account showing good
when he Boggs went away.
(Continued on Second page.)