The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1898-12-05
TRIAL OF SEN
AT0R KINNEY.

The unusual case of a United Slater
Senator being tried twice In fvo months
was the cause tor brlE ging fair sized at
tendance to the United States COURT to'i
day. The last trial Of Senator KYpnoy r.,
suited In Disagreement with tie coihT.
pIicated one Of to In favor Of atqulttal
In edition to the charge Of aiding and
abetting to inIsapply tho funds Of the
bank. Senator Kenhey this time will DO
tried on q second charge OF conspirihg
with Boggs to mtsapply the funds OF the
bank. Tho conspiracy charge was knock
cd out Of the flrst indiotlnaRt by the de-
tense, but this time Mr.. Kenney's lawyers
Ton checks, which Mr. Kenney Is allegsp
to have drawn on tho bank and which:
Bogss paid and did not charge up to tho
SsnGtors accounts until )s0metilne after
they were drawn. will also figure In tho
triarthat begins Tomorrow. II Is alleged
that Senator Ksnney conspirei With.
Boggs to have these checks paid out Of the
funds of the bank. -
The other evidence that will DO proiuo.
ed by the Government Is testimony In
regard to checks that Boggs paid in con.
nection with deal with William Ander-
son Of Philadelphia over real estate; q
check paid Shoriff Shaw of Kent County
for aifarm and checks paid Cuthbert & o..
for the purchase Of Bay State Gas Stock
senator M, Aonn E accompanied Rl by NJ,
the court room at II. 20 o'clock. About
that time stack Of bank looks were car
ried into the court room and placed near
the witness stand.
Judge Bradford took his scat at ll85
and the jury panel was called.
1t Is proper to consolidate the counts Of
conspiracy with the counts Of aiding and
abetting. The two indictments are now
consolidated in order that they may bs
tiled at the same time and by tho same
jury. !
The first juror drawn was Samuel Arm-
strong He was sworn and in answer to
District Attorney Vandegrift said he had
not expressed an opinion. John Galloway
YVES the next, .--,
George Reynolds Richard I. Pillins.
Andrew L. Thomas, William G. Bryan.
Daniel %. Barnard. The latter was chal'
lenged and In answer to MIR. Bird said no
had not formed or expressed an opinion
rs to the guilt or Innocence Of Ksnney.
David Reese was next called. Cornelius
p. Swain in answer to Mr.. Biggs said he
had formed no opinion. He never sold at
Bridgeville that II he were on the Jury he
would convict the defendant, Flames h.
Price. kAtaAU i
A certificate was presented from ThoA
N. Stayton's physician that 1t would det'
w hlo HoutViA W NC Vut p0uAVtVN"
Ho was called to the stand and stated he
was unable to sit. Counsel on both Sides
agreed to excuse the jurars but upon con.
sultation with Senator kenney he was
ordered to remain. G.. Frank Campbell
was reported non est and e. Marion LsltCh
was excused OH account Of being Gov.
ernment employee.
hension prevailed as to the ruling OF tho
court on the conspiracy counts In the first
Indictment The court has never passed
upon the question Of consolidation OF the
charges The conspiracy counts were
stricken out not because it was Joined with
the other charge. Tho conspiracy counts
were ruled out upon other grounds Of do.
niurrer, Edwin ID. Downes.
The litter stated he had I'D trlt 1t was
strange kenney would get into II scrape
of this kind. James Hossinger was tho
last man called. The delense ..chal lenged
Mr.. Barnard and Frank r. Carswell took
his place Tho Government challenged
Armstrong and John D. Milelan was call
cd. The defonso challenged Swain and
Wilmer j. Ellison was called. He was
sworn and stated he had formed no opin-
ion llo took his seat.
The Government challenged Downes
and Samuel H, Baynard was called. The
defense challenged Ellison and Samuel X.
Matthews WINS called The Governments
challenged Mllelan and Vim. j. Cannon
was called and tho Jury was sworn. 60
All jurors not empaucled were discharg-
cd until Thursday. Dec. 10. and Districo
Attorney Nandcgrift opened for Tho Cow
eminent Tho jury. from political
standpoint, stands 7 Democrats and Re.
publicnns.
District Attorney Vandegrift read tho
eighteenth count Of the first indictment
and then read counts from the second In.
dic'ment referring to tho conspiracy
charges. The first account referred to.a
clerk for $l6 50 paid to Samuel II. Shown
pay lnent for farm purchased for BoQgS.
The checks may be classed as the $500,
tie $3.50, tho Anderson checks and the
checks amounting to $500. The
will show that the defendant
knew that he was not only getting moueI
he was not entitled to. but that he got that
money 10 tide him over stock speculations
In which lie lost several thousand dollars,
Whleit is true this defendant paid back
al. this money he got for his own use thP
court will tell you such was u violation OF
this statute
III, Government will bring before you.
lie Witnesses to prove the allegations and
truce this checks mentioned in tho indiot.,t
nent The court stated the hours would b9l
from 10 to p. IN. md from 23O until &.WL
} clock. This court then cautioned the jur-.
Jrs not | o hold any communication with,
my person In reference to this case. The
7erdlct Is to be reached upon tho evidence
rom that point alone.
American Laundry. Bl8 West From! street