The sun., 1898-12-13
kENNEY F|GH1SFOR EVIDENCE
Counsel Take Nearly Entire Day
in Effort to Have hearsay
Testimony Admitted.
SUPREME COURT OVERRULES
Judge Bradford Controlled by Higher
Court, Rules Questions Out.
Judge Pennewill on the
Stand--Defense Pro-
ceeds Slowly.
SUPREME COURT OYERRULES

the exception of one-half an hour from
4.30 O'Clock to O'Clock in the afternoon,
was devoted to heated legal fight over
the admissibility of certain evidence.
From IL o'clock, a. m., until 1890
p. M, Levi G. Bird. of counsel for the
defense, argued and cited legal authori-
ties. From 1890 O'Clock until O'Clock,
then from 2.30 O'Clock until 4.3O O'Clock
District Attorney Lewis G. Vandegrift
argued and cited legal authorities.
The Court sustained the objection
raised by the district attorney and the
Objectionable question was ruled out.
The cause for all this trouble in the
case and the attending delay of the trial
for nearly an entire day was the effort
on the part of the defense to have testi-
mony Of John H. Rodney and William
Hunter accepted. Counsel for the de-
tense claimed that these two gentlemen
would testify that Harry E. Brocksom,
who had conversation with w. N.
Boggs, came to them short time there
after and told them that Boggs had said
to him that che would show Kenney the
road"
Brockson testified that Boggs said that
to him. Boggs on the witness stand de-
MED having said it and it was shown
that Boggs had been warned against
talking to Brockson about Senator Ken
ney or the Kenney trial. This, the dis
trict-attorney contended, would make it
reasonably certain that Boggs would not
have made the statement attributed to
him.
Then ii was that the defense produced
John H. Rodney and William Hunter,
to whom counsel claimed Brockson had
repeated the exact words which he tes-
titled Boggs had used in speaking to him
relative to Kenney. The district attor-
ney objected to these two witnesses and
they were held up in order to allow
vohnsel on both sides to argue the advis-
ability Of the evidence to be given by
Rodney and Hunter. Argument began
when court opened at II O'clock.
Testimony for the day in behalf of the
defense was confined, on account of the
limited time, to that given by Judge
James Pennewill, William Anderson,
Ezekiel Cooper. Harry E. Brockson
was also on the stand to undergo cross.
examination by District Attorney Van
degrift.
The testimony Of Judge Pennewill was
relative to the conversations held by him
\ with Mr.. Kenney in the presence of
President Harry A. Richardson about
the $500 check. William Anderson tes-
titled that Kenney had no interest in the
Philadelphia houses OF which he knew
Ezekiel Cooper's testimony was in
reference to the conversation held be.
tween him and Boggs in which it was al.
legged Boggs made some remarks about
Kenney's account and then asked Cooper
not to tell. Cooper was being cross.exam-
ined by Mr.. Vandegrift when the court
adjourned.
Senator Kenney's face wore wor-
ried look. Outside of that the defend
ant showed no signs OF having been
affected by the rigid and raking cross
examination given him by District At
torney Vandegrift on Saturday. The
defendants law partner, Arley B. Magee,
was present throughout the trial yester-
day, this being his first appearance at
this trial. He Is to be called as witness
for the defense.
The opening of court was delayed an
hour, it being IL o'clock when Judge
Bradford came on the bench. Address.
ing counsel he eaid, II believe gentle
men, that we stopped Saturday on a
point OF law" Counsel having assented,
Levi G. Bird of counsel for the defense,
fortified with large stock of judiciary
decisions and legal works on the ad-
instability of evidence, arose and ad-
dressed the court.
Mr.. Bird, with his argument and cita.
tions of authorities occupied the atten-
tion of the court for one hour and a half
<tHe contended that the case in question,
! that of allowing Rodney and Hunter to
testify that Brockson had said to them
what he (Brockson) claimed Boggs had
said to him relative to the defendant in
this case, was beyond the rules Of hear.
say evidence, that it was confirmatory
evidence tending to show, by ite cor
I .roboration OF Brockson's testimony, that
w. N. Boggs held malice against Mr..
Kenney, (which" said Mr.. Bird, lis
very material point in this case"
Mr.. Birds authorities were lengthy
and the interest appealing to the Court
alone, many Of the Jurors occupied them
selves by reading the newspapers.
The district attorney held that the
testimony of Rodney and Hunter would
be hearsay evidence and therefore high
ly improper under all rules of evidence.
''Should such evidence be admitted"
said Mr.. Vandegrift, lit would then be
possible for any witness in any future
trial, and in anticipation Of that trial, to
20 out on the street declaring to this man
and that man whom he might chance to
meet, that he had just previously made
certain statement to come other man.
BY this method he could bolster up his
testimony at the trial by having two wit
nesses who would confirm his state
ment."
The District Attorney called attention
to the fact that no one was present dur
ing the conversation except Boggs and
Brockson. It was under these circum-
stances that IL would have been possible
for Brocksor to have declared Boggs had
Continued OF Pare 4w0rA i