The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1898-07-12

| oouA7 " hoNuuAoi olty uhN 1tCFl ". DlIu
After Senator kenney pleaded not guilty
some jurors were excused and tho work o
drawing the jury began. The following
jury WAS empannelled.
Joseph Mulligan, foreman. William A.
Cannon, George H. Giderslesve, James
L. C:ossan William Bolts, William 4
G:iffi'h, George W. Spicer Napoleon B
Hnarne, Miltard +. Day, Robert Wilgus
William A. Baker.
| Dis riot Attorney Vandegrift read ths
section of tho Revised Statutes updel
which Kenney was indicted by the grand
jury. He tEcn referred to the demurrer and
to the striking out of tic various counts
from the Indictment. The charge against
this defendant is that ha aided w. n
! Boggs in the abstraction and wilful mis-
| application of the funds of the Frsi Ma
| tiCnal bank. He drew checks in favor Of
people. These people received the money
There WIS no money in bank to his croIit
| to pay them. There are three kinds of
| checks. lie paid the Culhbert checks,
| There is the shaw check for $3.50 for tho
benefit of w. N. B,ggs. Th, third class is
rcrrcSento by checks drawn in favor of
William Anderson. This money was for
e. Q use of he said Boggs.
These checks were drawn by arrange.i
ment with Bogg'. There are no conspi-
racy counts in this case. You will not bo
called upon to consider them iu this Gaze.
~, The 1rst witness called was Harry A,
\ 4iRichardson pre.idcnt of the First National
bank. He held the same position in 1895
and 1897.
The defense admitted the organization
of the First National bank.
Mr.. Richardson testified to the discovery
of the defacation by Bogg5.
To Mr.. Gray-The nor appearance of,
Bosg' on June 2, 1897, caused suspicion
The te'nl,a q in wa reported to witness on
that day. Tic never had any suspicion of
Boggs until he went away. Never suspect.
cd Boggs OF gambling although ono OF the
directors asked him ii he had any idea OF
Boggs hsing engag ii in gambling.
Boggs told him In 1898 of having pur-
chased Bay State Gus stock and requeCted
him to sell it. LII er Bogqs told hirn no
hod borrowed he money. Iawas reported
in. 1876 that Boggs was playing poker. The
matter was laid before the Board of Di-
rect RS. Boggs was called in and admit,
tod he had hepn playing poker Tho result
of the conversation was that Boggs was
forgiven after he cried and some of the di-
iectors cried. Boggs was then notified to
notify his bondsmen. He was allowed 10
go right Oh us teller. He never heard that
Boggs played poker again until two weeks
before Boggs disappeared Never knew
Boggs gambed NJ horse races. II wit.
ness opinion he make an examination Of
the books In January 1897
District Attorney Vandegrift objected to
Mr.. Richardson stating whether In tho ex.
animation lie discovered any defalcation
and what Boges said on that, occasion.
The court permitted him to testify to the
result because Boggs was teller when tho
defalcation took place.
"What was tho resulis
Found everything correct" 4.
"Wus Bogg5 present.
Mr.. VandegIift objected and the court
ruled tho question out.
"a ftrr you discovered the defalcation ON
what ground did you suspect him?
1T was reported to me that on the night
before |. d. Boggs found u discrepancy OF |
S3S, OUO We notified the bank examiner, !
= when did Boggs admit to you?" !
after his return in February last"
"Where?' !
"InPLi d'lphla. In the public buildings
in tho prison department.
The court ruled out tho questions. Had |
you any arrangement with j. Edward
Addicks or Cle.hent II. Con gdon to bring
lim back?"
H. Edward Ross deposed that he ex-
,mined tho books of the First Natiopal
bank and found that slO7OO0 had been
aken. He discovered that checks had
,een paid to other banks without being
,harged. In making the examination he
ound that d greut number of the defend-
lave sufficient funds to meet hem.
10 Ar. Bird examined the individual
edger from May 1895 to June 1897 but did
lct have kcnneys pass book. He knew
eposits were made at u later date. He
lid not know that Boggs said ho mutllat-
d .kenney's account. He did not recol-
ect seeing any erasures in Kenneys ac-
cunt His account was an active one.
thousands Of dollar5 were on deposit Of
on. The Information was derived from
he individual ledger as regards Kenney's
Ook. He was not permitted to testify re-
arding them. Z. b. Page who was
manager for Cuthbcrt & Co., Of PhiIadel-
hin, In 1895 as brokers the firm had an
ccount with Kennev
Witness looked at two stub books. At
lis stage the defense admitted that Ken
ey gave check for $500 to Cuthbert
o. All checks given by kenney and
gned by him.
Tho $3.50 the defense denied all know.
uge or These checks were given by
enney and paid out Of his own money.
Witness identified a deposit slip for $3.50
4 May !. 1895. On May 13, q similar
lock and on June there were checks for ,
100 md 800; June 8. $500, June 10, Juno
|, stOo; July2, $1,000.
INCIDENTS OF THE TRIAL.
When the name Of William r, Porter 6
as called a general laugh was cause ,
0 was excused by the court upon the ,
rength OF doctors certificate. ,,
Fred w. Curtis had formed and express.
an opinion. His preiudices were SO
ronG that lie was not permitted to sit on