Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1898-07-28

hey wac resumed. 70
be closing address to the jury for
iefence was made By United States
ktur Gray, who made q strong ap-
for his client. In opening, he said
Iuuld try to he brief, au the ground
been go fully covered by his col
be. tE
The record of the testimony of wit
o. from the stand" he said.
Fake for itself, and it will not be
ssary for me to exaggerate or en-
lie the points which have been
q nome 10 your minds.
be infant il the one cardinal point,
y case, which ia to lie borne in
by you during your deliberations.
did Senator Kenney know about
riIninal actions of william N.
+? The one thing you have to
Ter is with what intent did
hrd r. Kenney give the $500 Cuth-
check, the Shaw check. the AMBER
checks and the Cuthbert checks
BIB were for his own benefit; all of
"a checks being paid out Of Mr..
&ney's funds2 The only thing
Irgeci is what is contained in the six
ents remaining in the indictment.
j are to consider these spseilic
Irges; they are what have brought
from your homes and kept you bore
this time. y
pnator Gray read from the counts
aining, and after explaining the
Euags asked: Ibid Mr.. Kenney
thoss checks with criminal in
II" He referred particularly to
cks which were given by Senator
uey and paid by Boggs out of the
'3s Of the bank. and in which Mr..
hey had TO interest. "The only
ID in this connection, he said, sis
it might possibly lie that some Of
le checks might be among those
ch may have been carried over.
Without any disrespect to the dis
attorney must say that this mass
documentary evidence reminds me
cutie fish, which stirs up the
iddy water. The district attorney,
lpg the desperate coalition OF his
has sought to obscurs the real
/ is not sufficient to charge 8
.. You have nothing to do with
evidence brought by the district
rney before the grand jury. Thai
not take with 1t any presumption.
start with the presumption tina
defendant is innocent. The pre-
ptiop Of innocene must be over
wn. Prove that Mr.. Kenney aidet
Allotted Boggs to rob this bank
Ne iH no question as to whethe
3 checks were given. We admitted
they we're given. We have NOTHING
b with THESE books (poiutiug to th'
@nmantary eyidencel. Throw thon
IN the window. We have admittol
d III them that is material"
.Referiing to the Harrington farm
Initcr Senator Gray said IL mad besi
trch ased by Senator Kenney as coun
for Boggs. lie reviewed the evi
Re aud said there was nothing II
connection to show any orimina
on the part of Mr.. Kenney. "Thi
Id not have been brought up,
Senator Gray. He should no
+ "a been torn from his home, hi
1||y to auswer for this. The leas
Jurors can do ia to suy that you d
I'd believe him guilty.
,At{f | had been la Mr.. Kenney's plac
lid he toll Mr.. Kennay that he ha
Sb called upon some stock specula
l might have loaned him my chec
"a he told me he would take care {
But. possibly, If 1 had CAREFUL
tidered the matter might hay
Il Il don't, know now. Business
iness and you might not take cal
LOG check.
t'uhers 10 nothing in the evidence
16oN that Boggs told Keuney wit
'6Qnrd to the 5000 check thut he woul
0eet il out OF the funds of the bani
u I. Kenney says he supposed the chsc
Eodld be paid by Boggs, as be said
auld, out of his own resources.
I'VE are not speaking OF this cot
Of 1896. but the time whom be ",
OF the most respected citizsns.
{sr. When he asked for this accom-
ation, is it not likely you woul
granted It'll
Why is it you are asked to send th
to the penitentiary?"
enator Gray took up the matter
Anderson checks, amounting
loo, he said there was nothing the
ihow criminal intent, Boags havir
led that he used Senator Kenney
cks instead of W. E. Cotter's. so
n to arouse suspicion at the bank.
fThese three items" he continue
<covsr about everything in the indie
&nt. The other matters, ] believ
not bs considered seriously
-
the Senator reviewed the testimo
the defendant ana Boggs relative
conference between them coDcerni
,latter'a shortage, anu said NJ
hney advised him as his friend a
Int, and, not knowing the amount
shortage, told him to go and hu
frienda make 1t up and avoid {
ure
continuing, the Senator said ~
dealing with facts that are to dai
defendant, and we can deal OF
positive statements.
The district attorney has not be
H to get Boggs to cay that he b
Senator Keuney that he was goi
a lay any one of the checks from
<05f Ut the bank. You cannot s
XN uelouuhnt is Builty On SUN ter
1py as Was given ny iioggs.
The whole argument turns on
enuity of the district attorney, "
b that Mr.. Kennsy snew Boggs y
defaulter IN 1885 and 1896. Boz
not testified anywhere that he t
ator Kenney the amount of
rtage, and MIR. Kenney says he ne
him.
This man Boggs, after he had b.
pre- the directors on the charge
pbliug, went to see Mr.. Mass
WAS on bis bond, and Mr.. Mas
gave him when he told him he !
short in his accounts. He beie
b. Is 1t any wonder that MIR. X
believed himl
There ia no evidence that Mr.. X
knew Boggs was in default to
<; nothing but inference.
Here IS this man. He was one
mOgt raanarfa1 aitt1opa 40 Tot