Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1898-12-22
RN -MMlNe1oN pELAwARE THURSDAY DECEMBER 90 lsos

tho Judge said:
Gentlemen of the jury: Two indct-
ments were found by tho grand Jury
and presented to tho District Court az
the United States for the District Of
Delaware, against the defendant.
Richard R. Kenney. These two indct.
ments have been consolidated to avoid
confusion or embarrassment, as we'll MS
unnecessary expense. Consolidated in
dictment, part. i, Us it now stands,
charges the defendant with. violating
section 5000 OF the Revised Statutes Of
the United States. I;
The judge quoted the section, which
provides punishment of not less than
tive nor. more thnn 10 years for a person
who aids or abets a. bank officer or
agent to embezzle or misapply moneys, !.
funds or credits. He also quoted SEQ {,
ton 8, 40, referring to conspiracy TO d
commit an offence against the United
States, with which part 2,of the, in. y
dictment deals. He explained the
meaning of each section and called at
tention to the counts remaining in the
indictment. $3.50 tn +,
1.-THE counts in consolidated indict- !;
mant, part |, which remain open for,
your consideration, he, said, fare
counts numbered 10, H., u, ID, II and
10, and those In part 2, are counts
numbered one and FIVE. The counts in
part l, numbered 10, IL, IL and 13,
charge in substance that the defendant
did, with intent to injure and defraud
the First National Bank Of Dover,
wilfully, unlawfully and fraudulently
mid and ahet William N. Boggs, who
was the teller, wilfnily, unlawfully and
fraudulontly to misapply the moneys Of
l...tx r.. a
vantage of the said William N. Boggs,
he, William n. Boggs. having the in.
tent through such misapplication to in
iure and defraud the bank. The re.
maining counts in part 1,nainely, counts
numbered II and IS, charge In sub
stance that the defendant did, with In.
tent TO iuiure and defraud the First
National Bank Of Dover, wilfully, UNI
4 lawfully and fraudulently aid and abet
| William N. Boggs, who was the teller,
4 wilfully, unlawfully and fraudulently
to misapply the moneys Of that bank,
for tho use, benefit and advantage Of
the defendant, he, William N. Boggs,
having the intent through such misnp
pication, to injure and defraud tho
bank In order to warrant a convic-
ton Of tho defendant under all or any
] Of the counts In part /, numbered 10,
shall be satisfied that William N.
Boggs, who was teller, wilfully, unlnw-
fully and fraudulently misnpplied
moneys of the First National Bank Of
Dover for the use, benefit and advant-
age Of the said William N. Boggs, and
with intent on the part Of William N.
Boggs to injure or defraud> the bank,
and further, that tho defendant with
like intent to injure or defraud the
bank, wilfully. unlawfully and fraudu-
lently aided or abetted William N.
Boggs In eifecting such wilful misap.
plication. In order to warrant - CON
viction of the defendant under either
count in consolidated indictment, part
|, numbered " or IL, You must be sat
isfied that William N, Boggs wilfully,
piled, as therein charged, moneys OF
the First National Bank Of Dover, for
the use, benefit and advantage Of the
defendant. with intent. on the part of
William N, Boggs to injure or defraud
the bank; and further, that tho do
PENDANT with like intent to injure or
defraud tho bank wilfully, unlawfuly
and fraudulently aided or abetted Viii.
liam n. Boggs In etfectipg such wiful
rnisapplicntion. s
"The first count Of consolidated in.
dictlnent, part - he snid. "charges
in substance, that the defendant and
William N. Boggs did, with intent on
their part, to injure and defraud the
First National Bank o: Dover, unlnw.
fully and fraudulently conspire together
that William N. Boggs should unlaw-
; fully emhezzle the moneys OF that bank
for the use, benefit and advantage OF
William N. Boggs with intent TO injure
| MI s1ofra,,1 ha hnvIr Tho Aftt, nj
charges in substance that tho defend
| ant and William N. Boggs did, with
intent on their part, to injure and do
, fraud tho First National Bank Of
Dover, unlawfully and fraudulently con
spire together that William N. Boggs
, should unlawfully and wilfully misap-
ply tho moneys OF that bank for the
use, benefit and advantage of William
, N. Boggs with intent to injure and de
fraud the bank. In order to warrant q
, conviction it is necessary that you shall
BIO satisfied that tho defendant and
William N. Boggs did, with intent on
/ their part to iniure apd defraud the
/ First National Bank Of Dover, unlaw-
fully and fraudulently conspiro together
: that William N. Boggs should unlaw.
, fully embezzle, as therein charged,
moneys Of that bank for the use, benefit
and advantage Of William N, Boggs
with intent to injure and defraud the
: bank: and further, that either the do
, PENDANT or William N. Boggs, or both
! of them, did some act or acts, as
| charged, to effect such embezzlement.
1 Under the latter of these two counts il
! Is necessary, in order to find verdict
/ of guilty, that you shall be satisfied
! that the defendant and William N.
, Bosgs did, with intent on the!s part to
lnjure or defraud the First National
Bank of Dover, unlawfully and fraudu-
I lenty conspiro together that William
/ N. Boggs should unlawfully and ,wil-
i fully misapply, as therein charged
moneys of that bank for the use, benefit
and advantage of William N. tBoggs,
' with intent To iniure or dcfrnud the
bank; and further, that either tho de-
! PENDANT or William n. Boggs, or
i both of them. did some act or acts. as
q charged, to effect such unlawful and
' wilful misaiplication. ,aha
r The law presumes persons charged
with crime arc innocent until they are
. proved by competent evidence to be
= guilty. This presumption is evidence
!, IN favor Of the defendant and stands as
n his sufficient protection unless 1t has
o been overcome and removed by the evil
7 dence in the case, taken as n whole,
proving his guilt beyond q reasonable
o doubt. To justify verdict of guilty
/ the evidence adduoed in tho case as 0
whole must be such as TO exclude every
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