The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1898-12-15
ADDRESSING
KENNEY JURY.
District Attorney Vande-
grift in Scathing Terms
Reviews the Evil
denCe. i.

The effect OF the morning session yes
terday caused largo attendance at thu
afternoon session Of the United StateI
Circuit Court. 1t was agreed betweer
Counsel that all the counts in the first In
dictment wore seven and that, 10 the con.
spiracy ycBa5es thsrs were only two counts
These counts covered the $l,G5O, 5000 and
tho Anderson checks for the benefit oi
Boggs and the eight Cuthbert checks for
the use Of defendant.
Mr.. Biggs presented the prayers Of the
defense and District Attorney Vandsgrlft
began his address to the jury at 8 O'Clock.
He Said 1t was not necessary to comment
on the Importance Of this case. II you
have any reasonable doubt give 1T TO the
defendant.
| The Government does not ask verdict
fthere Is a reasonable doubt in your minds
| That doubt must not be one founded upon
| your merciful opinion. But l say to you,
| gentlemen, there is no doubt. There never
has been doubt since the evidence was
completed in this case. Every point that
could suggest a reasonable doubt has been
met by witnesses. He stands here before
you stripped Of every vestige Of innocence
except his own. testimony. He comes
before you and says he drew these checks
and drafts without regard as to what my
account at the bank was at the time. He
knew these drafts were going through the
county and be knew all about these checks,
We have his bank book and there his de.
posits are shown, Hc made out his own
deposit slips. Then We havo him draw
ing tho checks with the stubs OF his
check books there. lie has been asked to
produce his stub books but ho failed 10
produce the one for this critical time.
That was the stub book upon which Boggs
testified he figured his real account at the
bank. Do you suppose lie did not know
no had no knowlodgs of his condition. On
July, l, 1896, the books showed he had
s20l.54 when lie had ta,s0O in checks car
ried at tho time, and yet he says he did not
know he had not sufficient funds in bank.
I contend that Boggs testimony can be
left out Of this case and stand alone on
these books of the bank.
BOggs is confirmed in his statement
about the drafts and checks ut every point.
This defendant had 700 shares of Bay State
Gas and his loss was s5 900. Boggs says his
loss was $607 and kenney says Blggs own.
ed one seventh Of his stock and therefore
tallios with tho statement made by Boggs.
l say 1t without fear Of contradiction that
whatever William N Boggs testifss on
that stand he Is borne out hy independent
evidence and it Is the truth. How about
that $1,000 check borrowed from William
NJ. Dickinson? BoggI said he borrowed it
and placed it to tho credit of this defen-
dant. William NJ. Dickson says hs gave
the check. kenney says that Arlee B. |
Magee drew 81 900 from the Farmers bank |
and gave It to Boggs.
This was on July 6, 1895, when Arleo B.
Magee was attending tho University Of |
Virginia. Iell me what object Boggs had
in carrying those checks and drafts. II
this defendant had boon an illiterate per-
son who did not know, under the evil
dence it would take you just half an hour
for appearance sake, to walk out to THAT
room and to render your verdict. Boggs
and Ksnney were struggling together
arm In arm closer than brothers with tho
hope that they would emerge from an
awful fate. Ono of them emerged and the
other went down.
How'oah'the one that emerged explain
out of 1t. He cannot do it and neither can
you under your oaths. Does this defend
and::toll you how 1t is that when this bank
book showed balance to his favor of s10s2
and yet draft for $lS96 60 was floating
around when be sent ont that draft he did
not expect 1t to come back otherwise than
iishonored. 1t was draft after draft and
the last one Is first allowed to remain !
here. There is not q man In tho world
who has gone through suoh conditionIcan
explain these matters other than every
month In the year he had from three to
our thousand dollars that did not belong
10 him, 1t cannot be turned asido If he
II or later that the door of the psnitentlary
would close behind him as 1t did upon his
confederate.
Brockson, the New Castle barkeeper,
lext came In for share Of criticism Mt the
lands Of Mr.. Vandegrift. The prosecuting
fflcer said that he desired to cothe Brock.
on in all charity that could be accorded
lin. He was willing to let the jury decide
srockson and James +. McIvor, who had
net Brockson on the street before Brook
on had seon the attorneys for the defense,
nd to him (McIvor) Brockson had denied
hat Boggs had ever seid what Brockson
Il the witness stand attrlbu cd to Boggs.
Continued OH 4th page.)