The sun., 1898-12-11
he wi.ness Va. testIIying was played

the witness was testifying was played
seventeen years ago.
. "Your memory is exceedingly good, 7
said the district attorney. "Can you not
tell with whom Boggs played cards?'
The witness was unable to say. and Mr..
Vandegrift stated that it was rather
peculiar that Mr.. HAZEL could remember
Boggs was at the gaming table and could
not remember who sat with him.
Senator Kenney once more took the
stand and Mr.. Vandegrift resumed his
cross.examination. The defendant stated
that it was perfectly clear in his mind
that Boggs had made his confession to
him Kenney) in October, 1894.
"You interview published in the Bait.
more Sun was an authorized one, was it
not?' Eyes, sir; gave it,"
"In that you say that you are uncer-
tain as to whether Boggs confessed his
defalcation to you in 1893 or 1894. What
has refreshed your memory? Why are
you now so positive that he confessed to
you in lS94?' 81 remember now that he
confessed his defalcation to me, shortly
after an election and there was no cleo
ton in 1893. Eoggs was voters assis-
tant." "What had his being voters as
sstant to do with his defalcation?"
Nothing"
Couldn't you have fixed the time of
his confession by any thing else than the
election?' II might have"
"You caid in your interview that you
did not doubt Boggs' integrity and
honesty. Do you still stick to that state
ment?" eyes sir"
"Wasn't it anything against a mans
integrity and honesty to be gambling?"
mot as ! understand integrity and
honesty.
"He was gambler and you knew it.
He was defaulter and you knew it. An
l right?" Yes, SIR"
"And yet knowing him to be gam
bier ana defaulter you loaned him
your checks and considered his integrity
and honesty unimpeached%' II did. "
"Had he any interest in carrying your
checks?" "None in the world"
"Did he gain any benefit from carry
ing your checks?' "No."
"Your checks carried by him show on
the books of the Farmers Bank. Do
you deny those books?" ''No, | have
not seen those books until | saw them
here"
cat this trial and the other trial the
Court said the books were open to you
and you counsel?' 81 don't know"
Mr. Vandegrift asked the Court if he
was right and the Court nodded assent.
Then you have no explanation except
that you didn't know?'' Here Mr.. Bird,
sitting in his chair, made a remark to
Mr. Vandegrit which sounded like an
objection. The Court told Mr.. Bird that
when counsel had an objection to make
they should get up and address the
Court.
'Boggs never mentioned any amount
of his defalcation to you?" "No, sir." i"
Senator Kenney said that in the second
conversation he had with Boggs in Oc-
tober, 1895, that to the best of his recol-
lection Boggs didn't tell him that the
bank had examined his account. Mr..
kenney then left the stand, after MIR.
Biggs had asked him whether or not
Boggs and he had an understanding that
Boggs was to carry the Cuthbert checks.
kenney made denial.
Harry E. Brockson was then called by
the defense and stated that Boggs had
said to him in New Castle Jail that "Ken.
ney didn't speak to me, but l will show
him the road"
The defense then asked to place John
II. Rodney and Henry Miller, of New
Castle, on the stand to testify that Brock.
son had stated to them that Boggs had
told the above statement to him Brock.
son) The district attorney objected and
quoted case in which one person might
leave another and meeting two more
men say to them that the person whom he
had just left had made certain state
ments. The district attorney contended
that the jury must be allowed to decide
between Boggs and Brockson as to which
was telling the truth. Laws of evidence
would not admit such testimony as Rod
ney and Miller might give.
Mr.. Bird said he had with him several
authorities and the Court said it would
like to hear them. At that it was four
o'clock the hour set for adjournment and
Court adjourned until 1890 O'Clock Mon.
day morning when Mr.. Bird will quote