The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1898-12-17
THE FATE OF EENNEY
Is Now in the Hands of a Jury of
His Peers.
JUDGES CHARGE TO THE JURY.

lie Calls Attention to the Fact That
Boggs Has Been supported In state
ments Made by Him by other wit
nesses and by documentary Evidence
Wilmington, Del, Dec. 17.-The inno-
cence or guilt of United States Senator
Richard r. Kenney Of Delaware,
charged with conspiracy and aiding
and abetting in the misappllcation Of
funds of the First National bank, of
Dover, was given to the jury to decide
at 6:30 o'clock last night, after a trial
lasting II davs. Judge Bradford
charged the jury for over two hours,
and the opinion was generally express
ed that it was against the defendant.
This is the second time Mr.. Kenney
has been on trial as result of the
defalcation of $1O7 900 Of the banks
money by it's teller, William N. BOggs.
On the former occasion, in July last, the
jury disagreed. Now, as then, the prin-
cipal witness against him was Boggs.
Seldom, If ever, have the courts of Del
aware in a criminal case witnessed
such a legal battle as has been waged
in the trial just ended. District At
torney Vandegrift young forceful and
other Levi G. Bird, the leading criminal
lawyer of the state, and eX-Attorney
General Biggs, a son of Ex-Governor
Biggs, Of Delaware, and a lawyer Of
large attainments.
Interest in the proceedings has been
intense from start to finish, and citi-
zens from all parts of the state have
been constantly in attendance. Senator
!,
much fortitude, although during the
district attorneys scathng arraign-
ment of him yesterday he seemed to
vince and weaken. In concluding the
district attorney referred to Mr.. Ken
ney as a senator, and urged the jury
by it's verdict of guilty to drive him
from that body. Drive him." he con-
tinued, from the temple Of the integ-
rity Of the state, for he has no business
there. Upon the evidence he is guilty.
If you want to walk abroad among the
people and hear them say you have
done your sworn duty, you will find
this defendant, this United States SEN
ator. who has so DETAINED and dishon-
ored his state, guilty of the crime
charged against him"
Judge Bradford, in his charge, re-
ing to the jury, especially as to intent.
Referring to Boggs' testimony and the
banks books, and that Boggs' credi-
bility rested with the jury he said: "It
would be very far from your duty If,
disregarding what may seem to you
natural and inherently truthful testi-
mony given by him, you should permit
yourself to be carried away by fierce
denunciation, by heated language anC
by excited and unwarranted epithets
applied to him. On the contrary
his testimony should be carefully
considered, scanned and weighed
1t is proper to call your attention to
the fact that he has been supported
in statements made by him on the wilt
ness stand not only by documentary
evidence, but by the testimony of wit
| nesses on matters material to the case"
He revised the relations existing be-
tween Boggs and Kenney as indicated
by the testimony, and went over Ken
ney's story denying the charges. AS
to the latter he said: His testimony
is before you, and you must determine
how far 1t is credible. The deep per-
sonal interest he has in the result Of
this case should be considered by you
in weighing his evidence and in de-
termining how far and to what ex-
| tent, If at all, it is worthy of credit.
Where a witness has a direct personal
| interest in the result Of a case the
temptation is strong to color, pervert
or withhold the facts"
| After further caution to give the
| prisoner the benefit of any reasonable
| doubt, but first to be sure II was a
| doubt born of reason, the judge finished
| and the jury retired. A verdict is not
expected before late today, or possibl!
| before Monday