The sun., 1898-06-19
DEMURRERS
were FILED
By Counsel for United States
Senator Richard Rollins
Kenney and Charles
H. Butler
"ARE NOT SUFFICIENT IN LAW"
Is the Reason Given for Striking
Out Counts.
Claim Made That Counts do not Set
Forth Any Ofense Against
Sections 5000 and $40 of
the Revised Statutes of
United States.
"ARE NOT SUFFICIENT IN LAW

. United States.
At noon yesterday United States Sena-
Tor George Gray and Levi c. Bird. coun-
gel, filed demurrer against the indict-
lnent of the United States District Court
in the case of United States Senator
Richard Rollins Kenney, who is charged
with unlawfully, wilfully and fraudu-
lently aiding and abetting William N.
Boggs in embezzling funds of the First
National Bank OF Dover and converting
the same to his own personal use. At
the same time Mr.. Bird, who is counsel
for Charles II. Butler, who is charged
with similar offense, also filed de-
murrer against the indictment in that
case.
The demurrer of Mr.. Kenney is as
follows:
In the District Court OF the United
States.
For the District OF Delaware.
April Term, 1898.
THE UNITED STATES Indictment
Vs. tiOlis 300 and
RICHARD Il. kENNEf. 'tiV l. .. II. D.
And the said Richard r. Kenney, in
his own proper person, cometh into court
here, and having heard said indictment
read, saith:
|. That the said first, second, third,
fourth, fifth, sixth, seventh, eighth,
ninth, tenth, eleventh, twelfth, thir-
teenth, fourteenth, fifteenth, sixteenth,
seventeenth, eighteenth, nineteenth,
twentieth, twenty-hrst, twenty-sccond,
twenty third, twenty-fourth and twenty
fifth counts of the said Indictment, and
the matters contained in said several
counts in manner and form as the same
are stated and set forth, are not sufficient
in law, and that he is not bound by the
law of the land to answer the same, and
this he is ready to verify; wherefore be-
cause of the insutficiency OF the said sey-
era counts, the said Richard Il. .kenney
prays judgment and that by this court
he may be- dismissed and discharged
from the said premises in the several
counts in the said indictment.
And the said Richard r. Kenny, ac-
cording to the form OF the statute in such
case made and provided, states and
shows to the court here the following
particular causes Of demurrer to the said
-e@eraI counts of the said Indictment,
that is to say:
=. That the said first, second, third,
fourth, fifth, sixth, seventh, eighth,
ninth, tenth, eleventh, twelfth, thlr
teentl, fourteenth, fifteenth, sixteenth,
seventeenth, eighteenth, nineteenth,
twentieth, twenty-first, wenty-second,
twenly-third, twenty fourth and twenty
fifth counts do not sufficiently set forth
any offense against the said sections
500 and ST % OF the Revised Statutes OF
the United States.
3. That said first, second, third. fourth,
fifth, SIXTH seventh, eighth, ninth, tenth
eleventh. twelfth, thirteenth, fourteenth,
fifteenth, sixteenth, seventeenth, eight.
eenth. ninteenth twentieth, twentytirst,
twenty second, twenty-third, twenty
fourth and twtnty-ffth counts do not
sufficiently inform the defendant OF the
nature and cause of the accusation
against him
4. That the said first, second, third,
fourth, fifth, sixth, seventh, eighth,
ninth, tenth, eleventh, twelfth, thlr-
teenth, fourteenth, fifteenth, sixteenth,
seventeenth, eighteenth, ninteenth,t TWEEN
tieth, twenty second, twenty-third,
twenty.f,u,th and twrnty-tifth counts do
not set forth the offenSc with which the
sid defendant is intended To be charged
with cearnrss or Necessary certainty to
p,'ist h m # the. CRIME with which
he stands euarged. :.
). That the said first, seconl, third,
fourth, fifth, sixth, seventh, eight,
ninth, tenth, eleventh, twelfth, thi,-
tenth, fourteenth. fifteenth, sixteenth,
seventeenth, eighteenth, nineteenth.
twentieth, twenty-tirst, twenty-seconh.
twenty.third, twcnty-fonrtIi and twenty
fifth counts do not furnish the accused
with such description of the charges
against lin as will enable him to MAXI
bis defense, or to avail himself of biz
conviction or acquittal fo" protection
against further prosecution for the
same cause.
6. That the said first, second, third.
fourth, fifth, sixth, seventh, eighth
ninth, tenth, eleventh. twelfth, thir-
tenth, fourteenth, fifteenth, sixteenth,
seventeenth, eighteenth, nineteenth,
twentieth, twenty.fir-t, twenty.second,
twenty.third, twenty fourth and twenty.
fifth counts do not inform the court Of
the facts alleged, SO that it may decide
whether they are sufficient in law to
support conviction if one should be
had
I. That the said first, second, third,
fourth, fifth, sixth, seventh, eighth,
ninth, tenth, eleventh, twelfth, thir-
tenth. fourteenth, fifteenth, sixteenth,
seventeenth, eighteenth, nineteenth,
twentieth, twerty.hrst, twenty-second,
tw.nty.tlird, twenty fourth and twenty
fifth counts consist Of statements Of con.
c!r rsioas of law and not Of facts consti.
tu,ing an accusation against the de.
T. ndant.
s. That the said first, second, third,