The sun., 1898-12-16
PLEADING FOR kENNEY
Continued From Page One.


.s he listened to the arraignment of the
district attorney, and as he heard the
oleadings in his behalf, the tears came
INTO his eyes and several times he seemed
On the point OF breaking down. He was
by his private secretary,
Adjutant- General Garrett j. Hart.
In concluding his address to the jury
when the court opened yesterday Dis.
trict Attorney Vandegrift held that
everything brought out in evidence
pointed to a combination between Sena-
tor Kenney and William N. Boggs, de-
faulting teller OF the First National Bank
OF Dover, to deceive the officers of the
bank. Boggs, he averred, told the truth
on the stand. He could have lied, Mr..
Vandegrift showing what he might have
said if he had malice toward the de-
fendant.
The prosecuting officer called atten..
ton to Kenney's statement that he did
not know where Boggs was going and
Boggs' statement that the matter had
been discussed by them. Boggs had con-
fessed his trouble to Kenney, telling him
what he had not told anybody else. He
had told Kenney that he was q gambler
and Kenney knew it for years. He told
Kenney that he must 60 away, and Mr..
Vandegrift held it to ba reasonable that
he had asked kennev where he should
90 to avoid the awful debt, burden
OF $lO7, 900 having rolled up on Boggs'
back. =.
The attention of the jurors was called
to the testimony of Mrs. Curlett relative
to Messrs. Browne and Kenney when
they went to the door of Mrs. Boggs
house, but did not enter. Mr.. Vande-
grift asked the jurors to consider the
Significance OF Mrs. Curlett's testimony.
The district attorney spoke of the set
tlement between Boggs and Kenney in
April, 1897, pointing out some of the
items, and in that connection said it was
not necessary to depend upon the testi-
mony of Boggs, Notwithstanding that
the Government had proved all he said
when an effort was made to contradict
him.
Mr.. Vandegrift read some of the tele.
grams from L. B. Cuthbert & Co. to
Kenney, reminding him of the condi:
tion OF his Bay State Gas account and
informing him that if he did not send
money his stuck would be closed out,
holding that they served as reminder
of his financial condition.
"Don't you suppose" Mr.. Vandegrift
asked. that when he received those
kilograms calling him, that he con-
suited his bank books and gave the mat
ter some thought as to how he was going
to meet those awful 'callsH What did
he do? He went and loaded himself on
the back of this boy who, he knew, was a
defaulter. When he was in trouble he
put himself on the back of this boy who
vas crawling about in the dark, adding
to the burden which he had been asked
to help tighten. kenney met this young
man nearly every day and he says moth.
ing was said about the defalcation after
Boggs' first visit to his house. is that
conceivable? When he knew Boggs
was gambler did he try to induce him
to stop gambling and lead better life
and make an effort to pay the shortage
at the bank? No. Kenney loaded him
self on the back OF this boy.
"The Farmers Bank believed this de.
fendant was in it, Ezekiel Cooper o.
that bank inquired how it was kenney
was not in it. There were his checks
This defendant stands here stripped O.
every possible defense. Nothing left
Every avenue of escape closed. Ou1
duty is to see that men of high estate
and low estate shall be on an equality ir
this box. If those who ale sworn to dc
their duty neglect that duty, then it il
an awful condition in this State. If thi
; were man OF low estate YOU would g
oct that door and come in within al
hour and say he was guilty on the evi
. dence.
: THAT the family of William N. Bogg
; is in the condition it is results from hi
own acts. If the family of this defend
! ant suffer with him, we may deplore
8 but any such suffering results from hi
acts
t "If men can loot bank as the Firs
National Bank of Dover was looted, an,
the men who do it cannot be punishe'
p there is no safety for us and we ha'
). better move out of the State"
Mr.. Biggs then opened the argumen
of the defense by reading the sections i
the Revised Statutes, under which tn
v indictments against Mr.. Kenney wer
! brought. Mr.. Biggs described the natur
o of the checks, one class being for hi
own benefit and the other class for Wi
q liam N. Boggs and from which he de
i rived no benefit, and pointed out tn
discrepancy between the testimony {
# Boggs and Kenney, relative to Boggs
q first visit to his house, on which occasio
, the defalcation was spoken Of
n "The weight of evidence is in the d.
d fendant's favor. When he gave thos
s checks for the accommodation of Boge
II he had no intention to defraud that il
v stitution.
v "All of these Cuthbert checks and a
e OF the drafts from which the defenda,
realized anything were paid. There is r.
= dispute about that. Concerning II
Y Dickson check, there may be some di
pute as to whether Mr.. Kenney or NJ
e Magee drew the money, but there is I
l. question about Boggs receiving IL
l. money"
i. Mr.. Biggs contended that all Of IL
st drafts referred to we're honestly given
T. the ordinary course of business. II
ts drafts were put IN the bank and can
l. back dishonored, but Kenney took ca
a Of them. Mr.. Biggs admitted that ii
N defendant had overdrawn his accour
a. but said an examination of the boo
d would show that between the dates givt
Al