Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1898-12-08

witness said 1t Was gwen by Mr. Men
ney to the sheriff for Boggs' benefit.
1t was paid out of the funds Of the
bank and the bank lost it and the $500
Cuthbert check for his use &
Witness said that through a compli
cation with W. e. Cotter he had been
given second mortgage on u farm near
Harrington, the first mortgage being
held by Thomas G. Frame. Hearing
it was to be sold by che sheriff, he
thought he might make turn on
it and at the suggestion of Mr.. Ken
ney, the latter bought it for him
I (Boggs). Subsequently Mr.. Kenney
told him there would be nothing to
pay for some time. After the sale had
been confirmed DIR. Frame had been
to Sheriff Shaw for his money. In the
meantime witness had been consulting
with Mr.. Kenney and others to dispose
of it, but had been unable to do so.
Boggs suggested to Mr. Kenney that
he give Sheriff Shaw his check, saying
the sheriff, would get credit for the
amount ut the bank, the idea being to
carry the matter in that way until
turn could be made on the farm
and Thomas S. Clark was to be asked
to dispose of it as soon as possible.
The check was given and Boggs took
care of it at the bank.
Boggs said Mr.. Kenney knew he
| (Boggs) ->was carrying at the bank
Ezekiel Z. Cooper, Harry Ford,
Thomas s. Clark, W.. e. Cotter and
others. He knew about Cooper, as
he (Kenney) had suggested to Cooper
| that he see Boggs about purchasing
Bay State Gas, and Cooper acted upon
the suggestion. Boggs said he believed
| Mr.. Kenney was the first Dover man to
invest in Bay State Gas.
Mr.. VandegrifJ asked what Mr..
Kenney would do to assist Boggs to
get through examinations. Boggs re-
| piled that on one occasion, just prior
| to an examination, in June, 1896, Mr..
Kenney gave draft Tor $3.50, to be
| forwarded to South Carolina. The
draft came back, showing that it had
been dishonored. The effect of the
draft was that Boggs was enabled to
replace So, $50 of the banks funds by
placing that amount to Mr.. Kenney' Is
account The bank was really losing
the amount from the time the draft
went away until it was returned.
Boggs said he knew of other instances
in which the same process was used.
Returning to the $3.50 draft, wit
ness said when it returnd the cashier
wanted to know in what condition Mr..
/ Kenney's accounts were to pay it.
i Boggs said it would be taken care ol
i before the close of business on thai
day. In order to make up the money
Boggs deposited $1,000 to the credit o.
Mr.. Kenney, while the latter de
posted 500 and u draft for 81, 033 Ii
on the Hanover Bank in New York.
Referring to the erasure OF tht
initials "W. N. b." opposite a de
posit recorded in Mr.. Kenney's pass
\. book, witness said he did not know
who made the erasure.
4 Concerning the draft for 81, ,033. is
given by Mr.. Kenney and sent to thu
Hanover Bank, witness said it alsc
came back protested. He said ther'
was another draft for 81, 800. 40 on ;
man named Swartz, deposited by Mr.
Kenney and sent to the Hanover Bank
and it was also sent back protested
The amount was subsequently mad
good. According to the witness, wh'
examined deposit slip. the draft wa
made by Thomas s. Clark and de
posted by Mr.. Kenney. Witness sait
the 81, 600 paid out of the banks fund
to make Mr.. Kenney's accounts goot
when the SO, $50 draft was on hand wa
subsequently paid by Mr. Kenney.
Boggs said the plan adopted by hin
was successful in hiding the defal
cation from the bank examiner ant
the directors.
Mr.. vandegrift asked the witnes
what the books would show when tn
examinations were made. Counsel TO
the defence objected, on the grount
that the books would speak for them
selves and they did not want an
vague recollection which Boggs Nigh
have to go to the jury.
Before the point was settled cour
took recess until 230 O'Clock.
Further court proceedings on fifth page.l