Evening journal., 1898-12-15


about the use Of the checks he could
have easily done so. BOggs laid his
heart and soul open before the jury on
the witness stand. Was Boggs right
when he said those checks were drawn
to deceive the bank officers? Kenney
did not deceive Anderson; nor Cuth-
|belt, nor Shaw. The only persons de-
'ceived were the bank officials. It was
a scheme to deceive the bank in which
both of these men were engaged. Re
fcrring to the three promissory notes
Mr.. Nandegrdft said that the defend
amt claimed that Boggs had held them
for months. That they were merely ac-
commodation notes. Boggs Jays they
were drawn up a short time before his
flight.
KNOWLEDGE OF FLIGHT.
Touching the flight of Boggs, Mr.
Vandegrift stated that the defendant
q uied that he knew where Boggs was
going. He knew nothing OF his going
to Cuba. That he did not discuss the
.m0.ter with Bcggs. Boggs says he did.
kenney was his counsel and he knew
Cf his gambAng and his shortage in
the bank. He knew Of the awull LOAD
that Boggs was carrying. Is it not
reasonable to suppose that ait the hour
Of his flight that Kenney should have
advised him where TO go? Mr.. Kenney
was man in high official position and
was connected with the making OF the
treaties regarding eXtradition.
"Taka your choice. gentlemen" said
Mr. VandegriN Believe whom you
please, but weigh this matter carefully
and see whether is was not reason
able for Boggs in those awful days 20
consult Kennly as to where he would
be the safest AN we ask is that you
conecientiously discharge your sworn
duty in this case. 1t docs not make
much difference to us now, but a time
win come when we must account for
it,"
Mr. Vandsgrift further said that il
had been the good fortune OF the gov
ernment to be able TO prove that all
Boggs had said upon the stapd had
been true. not only by books and pa
peIs. but from the mouth of living wit
ness-b.
Taking up the matter OF kilograms
received by Senator Kenney from Cuth-
bert & Co. regarding frequent calls f0l
money in his stock speculation, tho die
trict attorney said they were a certain
reminder to him Of the condition Of his
bank account. where did he get the
money and how did he get it to meea
these obligaHons?" said the district
attorney. "He loaded himself upor
Hoggs. VINO was uhen carrying all thes,
men who were sucking his isc b'c0t
and who sent him forth a criminal
upon the world His counsellor shifted
himself upon this poor nnfOrtunatN
young man in connection with thesl
others. When he knew that Bcgg.
was a defaulter and gambler, did hl
go to him and advise him 10 stop, .,
/ drop his association with these mel
who We're dragging him down2 No
he loaded himself upon him with til
rest. This defendant stands here strip
ped OF every defense. Nitn every ave
nue. Of escape closed. That, gentle
men, is not our affair. 1t is our dutl
to sCe that rich and poor are treated
alike. We have nothing To do with
what win become OF the defendant
That lies with the law and the court
If that man was Of low estate. with tn.
evidence there IS against him, ycl
would go cut Of that door and come II
within an hour with verdict of guilty
II les our duty to see that the property
Of our citizens is protected.
BIGGs OPENS FOR DEFENSE.
M. Yandegrift closed his argumen
at 1856, and Mr.. Biggs opened 10
the defnse. He congratulated the jur!
upon the approaching end Of the tria
and stated that they had been carrie,
hithgr aud thither by the conduct Of thr
district attorney in the case. Mr.. Bigg
read a portion OF the statute unde
which the defendant is being tried. an,
asked the jury to bear it particularly II
mind.
Continuing Mr.. Biggs SLATED that th
present trial was practically on IN
same lings as the former one, anl
stated that checks in this case coul.
be divided into two classes, thos
which the defendant received th
money on, and those which he did not
Mr.. Biggs touched upon Boggs' earl
defalcation to the bank and Senate
Kenneys advice to him TO make /
good BOggs admitted at that time
he had broken away from his asso
dates he could have done Sc
and that Senator Kenney at tha
time had reason to suppose that b
had made 81 good. Taking up the mat
ter Of Kenney not asking him regard
ing his defalcatiOns at various time
later, Mr. Biggs said: 1T is a danger
Gus thing, as this case proves, for
man to be the attorney for bank de
fauiter. Il, is a dangerous thing for
man ID Overdraw his account I'm
bank, as a defauldng officer Nigh
come forward and accuse him of con
spiracy"
Mr.. Biggs said that the district at
torney dwell strongly on the fou
drafts in the case, but yet Mr. Ken
ney had Always taken care of any an
all drafts that came back dishOnOrel
Al many times between the dates fxe
on which Senator Kenneys accOun
WAS overdrawn, he had substantial ba,
ance in the bank If all the monte
drawn from the bank had Teen pai
, back as promptly as the defendant pa
his. there would have been no defalca
tiCn. Taking up the statement Of M
, Vandsgri.t that there was sufficier
evidence to convict the 6~r>endant M
! Biggs said:"f there is enough evidenl
: to convict these men without Bcgg
testimony. why did the district attOl
? !