Smyrna times., 1898-07-27
THE KENNEY TRIAL.
Counsel For Both Sides Sum up Before
the Jury.

udy, IN the united States Circuit
Court, resumed his opening address to
the jury in the case of United States
Senator Richard r. Kenney, who is
charged with aiding in the misappE-
cation of funds of the First National
Bank of Dover.
He spoke for an hour, going over
in detail those counts in the indict-
ment, upon which the Government de-
pended for conviction, numbering six
out of an original twenty-five. He
said that the case against the Senator
was more one of misapplicatiOn than
abstraction, and told the jury that the
checks passing between Kenney and
Boggs, other than those mentioned in
the indictment, had been introduced to
indicate the relations between the two.
If there is no arrangement between
BOggs and Kenney, why did the latter
permit BOggs to enter deposits to the
defendants credit, when no deposit
was made and pay the defendants
checks when he had no funds? The
speaker concluded with an appeal to
the jury for careful, conscientious con-
sideTatiOn of the evidence.
Mr.. Bird then opened for the de-
fence. He denounced the prosecution
as one of the most Infamous in the his
tory of the county, the prosecution,
he said, of a prominent citizen of the
State and Nation. He denounced
Teller BOggs as unworthy of belief,
and intimated that his motive in re-
turning from flight was other than a
purpose to stand the punishment he
deserved.
Mr.. Bird attacked the credibility of
BOggs by quoting from the testimony
certain portions, which he said indi-
Gated Boggs swearing falsely. He
dwelt at length upon the fact that the
bank lost nothing by what he admitted
were overdrafts by the defendant, and
he said that such overdrafts did not
criminally implicate Senator Kenney
Mr.. Bird spoke for nearly two hours
before he concluded.
Senator Gray made the closing adj
dress for the defence. He attacked
what he claimed was the absolute fail
ure of the Government to make out a
case against the defendant. The
major portion of his speech dealt with
the subject of intent That Senator
Kenney gave Boggs checks aggregat-
ing nearly $500, he admitted, but he
denied absolutely that the defendant
had the slightest knowledge that Boggs
stole the money with which to pay the
checks from the banks funds.
Senator Gray intimated that the
Government has relentlessly prose
cuted the defendant on the single word
of self-confessed defaulter. He made
an eloquent appeal for prompt ac-
quittal
In the consciousness that he had
done his whole duty in the premises
United States District Attorney Lewis
G. VanGegrift closed his argument fol
the conviction of United States Sena
tor Richard r. Kenney in the United
States Circuit Court Thursday morn
ing and left the decision to the con
scientiOus consideration of the jury
Mr.. Vandegrift stated to the jury
what he considered an inconsistency
in the addresses of counsel on tn,
other side "Of counsel for the de
fense," said he, zone abuses Bogg
and calls him liar, a robber and
thief, while the other uses his evi
dence to bolster up the defence of thei
client They don't want the record
of the First National and Farmers
Banks, the Wilmington banks ant
other banks to go in this case.
guess not That is the vital point il
the case and if the records were not i
it, would not ask for conviction. I
would be a question of veracity be
ween man and man, and would nc
want any one sent to prison on tina
kind of evidence. You will find b
J those records that William n. Bogg
was carrying this defendant on th
books of the bank.