Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1898-07-21


large amount. II would have shown
that I was carrying many checks; ii
would have shown that was carrying
Kenney's checks.
4 Vandegrift--Tell about the Anderson
! contract.
Boggs-Some time previous 10 my
departure, when found that to tee
was the only thing to do in the near
future, | assigned thU Anderson con-
tract to Kenney. I am not sure chat l
consulted kenney regarding the letter
4 sent to Anderson. There was a
general understanding that Kenney
was to take charge of my affairs. The
property referred to in the Anderson
letter was put in Kenney's hands.
Boggs identified the Anderson con-
tract, and it was admitted In evidence
without objection.
Vandegrift-Why did you assign the
Anderson contract to Kenney?
Boggs-I had to- leave before the
contract could be finished, and desired
Kenney to look after it. 1t looked
like II profitable transaction. / had an
agreement with Kenney that he would
apply the proceeds to my family aud
the A american Surety Co.
VandegriftAWha, other assets did
you leave with Kenney with similar
understanding?
Boggs-I left several claims includ-
\ ing the Clark bond. The bond is in
kenney's name, and represents tha set
tlement / had with Clark, in which 1
surrendered Clark's checks. These
| checks extended from 1893 to 1897, but
| the bulk OF them we're given prior to
1893. When L had the conference with
kenney in 1895, there we're 81, 800 of
| ClarK's checks outstanding. These were
4 included in the bond taken before Inv
departure. Clars's bond amounted to
$1,000. Kennsy asked me how was
| getting along with Clark, and replied
that Clark was working me; Kenney
said Clark was working him too. told
kenney not to surrender Clark's checks
until Clark had given cash or the
equivalent. During this period | had
many talks with Kenney regarding my
alfairB.
Vandegrift-Did Kennsy ask you how
you had concealed your defaieations?
Boggs-Yes. Ths special thing /
feared was an inspection TO be made
the next day by the bank examiner.
kenney said you have concealed your
defalcations before, and don't see why
you can't do it again.
Vandogrift-Do you recall an in
stance when Kenney sent to you after
money, man who did not have at the
First Natioral Bank money to his
crenitY
Boggs-Yes; Amos Cole.
Vandsgrift-Whnt was the incident.
Boggs-In the latter part of 1896 Cole
came to me with a latter from Kenney,
asking for $500. l advanced money to
Cole on two occasions. Part of tbs $500
was checks. l never got back the $500,
and it is loss to thu bank. / got 10
further complications with Cole, and
suri endered bis checks to him, taking
| his bond for $3.50.
Bogga identified the Cole bond, and
tit WAS admitted lin evidence without
objection. ~" a.
After debate the court decided to
admit the Anderson letter.
| In reply to Mr.. Vandegrift, Boggs
said that the nderson checks and the
5000 uheck wers lost to the bank.
Vandegrift = Why did you borrow
those checks from Kenney?
Boggs-The real reason for my going
to Mr.. Kenuey to borrow those checkH
was / was mnre intimate with him than
any one else; he knew as much about
my affairs as any one, and favors | wns
extending to him we're considered equal
to the favors | asked of him.
Directing the witness to turn 10 the
pass book where an overdraft of SCI. 45
appeared, Mr. Vandegrift asked him if
he ever drew Kenney's attention TO the
condition of his account. Boggs re-
piled that his plan was to balance Ken
ney's books so as TO show small bal
anGe or a small overdraft, so as not to
excite suspicion. The balance on the
rass book always agreed with that on
the individual ledger. He could not
say what checks he was holding at the
time of the overdraft OF SOL. 49, except
by an investigation of the accounts.
He said he frequently drew Kenney's
attention to the condition of his
account aud on at least one occasion,
helped him to check off his account by
his own book.
Handing Bogga soms papers, Mr..
Vandegrift asked if they were not some
of the bonds hlr. Kenney took in his
own name before the final crash. Boggs
replied that onp bond, that of Harry +.
Ford for $3.50, dated April 7tn, 1897,
was drawn in Kenney's office by Ken.
noy, but the other, that OF j. r. Nc
Gonigal, for -, 500. dated May 9th, 1897,
was drawn by Boggs, pursuant to the
arrangement with Kenney. He did not
think the McGonigal bond waa loft |
with Keuney, but learned that it was
left with Mrs. Boggs-in the rush some |
things had been overlooked.
The two bonds wers admitted IN |
evidence. Mr.. Vande grift said he would |
offer the bond uf Thomas s. Clark later. |
The direct examination was CON
cluded about IL. 30 o'clock.
oRoss-ExAMINED BY MIR. BIRD.
While awaiting the first question of |
Mr.. Bird, Boggs rolled up piece of |
paper in his fngsrs. followed the at
torney with his eyes as Mr.. BIRD stepped |
from the room. sat down at the stem
ographer's table and drummed upon it;
rested his head on his hand and seemed
to be locking for the faces of acquaint-
ances in ths audience.
He returned to the stand in a few
moments, Mr.. Bird having reappeared.
Tbs opening questions were with RS
lation to when Senator Kennsy left
Dover to go to Washington in January,
1897, aud witness said that be generally
returned on Friday evenings; that in
his absence MIR. Magse, who was en-
ployed in his Office, attended to some of
his business with the bunk, but did
not attend to it generally. Mr.. Kenney
probably brought deposits oftener than
Mr. MAgee.
Bird-You have already admitted
that the defalcation was Sl07, 600.
Boggs-Yes, sir.
Bird-Can you state to the jury how
futa |