The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1898-07-08
THE DEMURRER
IS SUSTAINED

-
In Fourteen Counts In
the Indictment Against
Senator Kemey.'
The trial Of United States Senator Kan
ney will begin in the United States Cir
cult Court on next Monday afternoon
Judge Bradford handed down a decision
yesterday afternoon ustaining the de
murrer to fourteen Courts in the indict-
msnt.
While the decision disposes of mejor-
ity OF the coun t. against Senator Kenney,
it still leaves eleven Important charges,
which mo to b, mot. All the court, in til,
bill which charg I'd tho senator with c)n.
spiracy wero rule out by the court. The
defense raised the joint that the charge Of
conspiracy could not bs Joined with tho
charge of embazz: ement, abitraction
and misapplica: in tho same inlict-
meDt. Ons count relating to check for
ii $50, given by Senator Kenney iu favor
of Sheriff Shaw Of Kent county, which
charged aiding in the abtruction was
dropped out, 1t having contained clerical
error, but another count, charging with
aiding in tho misapplication of 81, so on
the same check, was su ;tainel.
AS tho Indictment now stands, the frs
count is what was originally tho fourth. In
charges. and in wording it is similar in
nearly all respects to the other counts, that
on September "a, 1896, Senator Kenney
knowingly, wilfully, unlawfully, and
fraudulently" aided and abetted William
N. Boggs to abstract the sum of 5000 from
the bank FOR tho "use bsnef5 and advan-
tage' Of Boggs. The count alleges that
Senator Kenney with intent to injuro aud
defraud" the bank, gave check for 5000, in
favor of f. B. Cuthbcr5 g. Co., and that
when the check came back t, tho First
National Bank, it was paid by Boggs out
of tho banks fund. IL further charges that
Senator kennuy, when he drew the check.
knew that he did not have sufficient funds
in tho bank to meet it, and that when 1t
was paid by Boggs, the teller knew that
the Senator did not have enough money 10
his credit to pay the check.
Tho second count In the indictment
which was originally the fifth, relates to
another check for 5000, which Senator Ken.
ney is alleged to have drawn OH Soptem-
ber "a, 1885, tho same day as the first check
for 800 was drawn. The second check for
5000 like the first was drawn in favor Of
Culhbert 81 Co. In both Of those counts
pCIihVoi AohhCy Shulbcu WIN dluIuS anu
abetting in the abstraction of the banks
funds.
The third count in the indictment, which
was originally the seventh relates to six
checks which aggregate II ,434, and which
are alleged to have been drawn by Sena-
tor Kenney in favor of William Anderson
OF Philadelphia, with whom Boggs was
connected In some building operations.
The charge relative to these checks Is that
nt,S. I,,1 n,,l al, l.,
abstraction of the money for the use and
benefit of Boggs. The checks, their dates
and amounts are as follows: September
2l, 1896, for $780, September, 30. 1895, for
$3.50; October 16, 1896 for 275; October a.
1876, for S23); November 81, 1885, for 800;
December II, 1896 for $170
The four II count AMI which was the
eighth before the demurrer was decided,
charges that Senator Keuney aided and
abe,tea Boggs in the abstraction of $3.50
for the use and benefit of Boggs by giving
check in favor OF Cuthbcrt g. Co, and
which was paid by Boggs out of tho funds
of he bank.
The fifth count, which was originally
the ninth. relates to certain chocks which
Senator kenney l., alleged to have given
for his own use and benefit These checks
aggregate $3 5000 and were oil drawn in
favor of Cuthbcrt & Co., In May, June
and July, when Il number OF people in Do
yer were dealing in Bay state Gas Compa.
ny stock. Tho indictment alleges that
Senator Kenncy aided and abotted Boggs
in the abstraction of the. amount of the
checks. rs he gave the checks and they
were paid by BogHs, when both knew TINT
the senator did not have enough money In
bank 10 meet them The checks and their
dates, which figure in this count, are as
follows: May II, 1896, for $3.50; May l3, Is.
96, for $3.50; June 8, 1895. for $50; June 3,
1896, for 5000; June 5, 1925, for $500; June
10. 1896, for $500; June 80, 1896, for 500;
July 9, 1896. for 81 coo.
Tho next two counts remaining in the
Indictment relate to the two checks for
50 . each drawn in favor Of Cuthbert & |
Co. The only difference in thess two
counts from tho first two is that the charge
Is changed from aiding and nbetting to
abstract, and aiding and abetting to mis-
apply. - ,, -
the twelfth, refers to the six checks in favor
of William Anderson, amounting to ST. 43I. |
The charge In this count IL changed from |
aiding and abettng TO abstract to aiding |
and obetting to misapply.
The ninth count in The Indictment as it |
now stands and which was originally I
know rs tho thirteenth count, relates to |
the checks for 81 $50 which Senator Ken
neyi4 alleged to have drawn in favor Of
Sheriff Samuel L. Shaw of Kent county.
abetting Boggs to misapply the amount Of
the check.
The next count which in the original
indictment was known us the seventeenth,
but Is now the tenth, relatives to check
alleged to havo been given by Senator !
Kenney ON June g. 1895, for $500 in favor OF
Cuthbert g. Co. In tha count Senator
kenney is charged with aiding and abet-
ting Boggs to lnlsapply che amount of the
of the senator.
The eleventh count which was number
eighteen In the indictment before tho de-
cisiUn on the dumurrer was given, refers
to the checks aggregating $500. which
Senator kenney Is alleged 10 have given
to Cuthbert e. Co., ard which BJsgs is AL
legged to have paid for the use and benefit
of Senator Kenney. The only difference
between this count and the other one re-
lating to Cuthbert & Co checks is that
the charge is changed from aiding and
abct.ing to abstract to aiding and abet-
ting to misapply.
This tlisposes of the eleven counts which
Senator Kenney will havo to meot on Mon.
day next when his trial commences. 1t can
be seen by this that q number of impor-
tant counts have been thrown out, but dc.
spite tho retirement Of the fourteen counts
should the Jury return verdict Of guilty
on those remaining the punishment will be
the same as II the entire twsn-
ty-1lvo had remained. The advantage in
having so many counts retired BY the de.
clsion Of the court is that 1t will conflne
the government to narrower limits and the
defense will not have to answer as many
counts as it would had the indictment re- {!
nainel the same as when 1t came from
The grand jury.
In addition to the fact that the conspir-
acy counts arc all out two other important {
counts were also retired. These two counts {
which were numbered 10 and e2 charged
senator Kenney with aiding AID abetting I