The sun. (Wilmington, Del.) 1897-19??, 1898-05-12
Afternoon Session.

The afternoon session of the court con-
vened promptly at 2.30 o'clock and after
the polling OF the jury Judge Bradford
decided that the books OF E. B. Cuthbert
4 Co. were admissible as evidence even
if they were of the third person, and for
reason he arrived at this decision was
that they contained all of the Philadel-
phia transactions existing between Col.
E. 7. Cooper the defendant, and the
firm OF +. B. Cuthbert 4 Co.
Counsel for the defense filed excep-
tions to this ruling.
After this ruling Judge Bradford asked
if counsel on either side had any author
tiles on the points as to the absolution of
Senator kenney as a witness.
William S. Hilles, ESQ.,, counsel for
W, N, Boggs, stated that he had an in
terview with his clienG and he Was not
willing to waive his privilege of absou-
tion on the part of Mr.. Kenney at this
time.
Judge Bradford subsequently decided
to submit the testimony of Mr. Kenney.
Senator kenney was called to the
stand by Mr.. Bird.
General, did William n, Boggs say to
you that the reason that he wanted to be
| voters assistant was that he wanted to
mark the ballots of persons whom he
said he had purchased?'
Mr. Nandegrift objected to the ques-
ton.
Judge Bradford-"You were Mr..
Boggs' counsel Mr. Kenney. Now did
this transpire between you and Mr.. Bog.
as client and counsei|'
81 had been counsel for Mr. B ,ggs for
some time in the year 1875 We had
transacted some legal business and when
this had been completed he entered
into an explanation of what he could do
as a voters assistant"
"Was this in the character of protes-
sional advice%' asked Mr.. Bird.
"It was not
"Was there any advice given on the
matter?'
None whatever"
"Mr. Nandegrift objected to the ques-
tion, he contending that when the ex-
planation was made by Boggs, that he,
(Boggs) and Mr. kenney held the posi-
ton of counsel and client.
Judge Bradford overruled the obiec-
ton and Mr.. Kenney was then allowed
to testify.
'Did Mr.. Boggs say to you that he
wanted to get Penniwel drunk so as he
could mark the ballots ?" queried Mr..
Bird.
"Words to that effect"
"Was anything said to you by Mr..
Boggs in reference to his marking the
ballots?'
"No. nothing"
John f. Hawkins was the next wit
ness called by Mr.. Bird
"It was testified to yesterday or he
day before that you and Others together
with Mr.. Boggs had made pool Of $500
for the purchase of Bay State gas. Did
you ever 60 into such a deal ?''
81 never bought any Bay State gas
with Cooper, B)ggs or any one else"
Ibid You ever meet Mr.. kenney,
Cooper or Boggs and talk over making
such a pool?' questioned Mr.. Nande-
grift.
Mr.. Bird objected, but he was over
ruled by Judge Bradford.
"Answer the question:" said the Dis
trict Attorney.
81 never did,"
'Did you not meet Mr.. Boggs, Mr..
Cooper and Mr.. Kenney on May 6, lS96"'
81 did not"
"Did you not 60 to Wilkinson's drug
store with them, and drink glass OF
soda water on that day."
IL did not-but ! dnn't know-but 1
suppose did, was the hcsilating an
'wer.
"Do You mean to say, then, that there
was no such agreement between you to
purchase Bay State Gas?'
81 do"
John F. salisbury called Mr.. Bird
Where do you rcside?''
dover"
''liow long have you lived there?"
about thirty years"
DO you know T.. I. Cooper?!'
"Nes."
"Did w, n. Dogs in May, 1896, or at
my time from then until the early part
# 1897, state t, you what amount he
vas ahead in playing cards and at horse
acing?' .
The distr ct attorney objected to the y,
uestion but the objection was overruled
nd witness stated that Boggs had o.