Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1898-07-14

Bank had sent to the First National
Bank and the latter's Acknowledgements.
Much time was consumed in marking
the letters and aoknow ledgmentu as OK
hibits. s
EXPERT ACCOUNTANT ROSS.
T. Edward Ross, the expert account
ant, was recalled. He said he had
made an examination OF the books OF
the Farmers Bank and the First Bank
with respect to the Kenney chechs.
This First National Bank had IA other
correspondents hut he had tievotHd
himuelf to the Farmers Bank booirs.
Vandegrift You have only examined
the Farmers with respect to the checks
which came through that?
Ross-I have.
Vandegr,ft-State what was actually
the state OF his account May 4th. 1896.
In reply to Mr.. Bird, the district at
torney snid he proposed to show that
when the books OF the First Bunk
showed an apparent balance, there was
not in fact balance.
Bird To contradict former testimony?
Vandegrift-No.
Mr.. Bird claimed that rs the govern
ment had gone over the individual
ledger, which hook was in evidences, tn
show Kenney'H balances, it could not
introduce any evidence to contradict
such evidence. II anything is certain
il is what the balances we're nn II. r.
Kenuey's account May, 1896, to May,
1897.
Judge Bradford said that that evil
dance was to show tbs balances, aside
from alleged fraudulent checks.
Bird - kenney never charged the
checks to his account becauHe they
were given to Boggs for BoggH. ! sub
NIT that we Rrs going over the books
to confuse the minds of the Jury.
Judge Bradford-Mr. Bird would that
| not be to your hensfit, because the jury
must be sure beyond reasonable
| doubt?
Bird-All this testimony was had on
proof over which We have nevsr for one
mpment made contest.
Judge Bradford-ThiH is very inn.
portant case, aud / havs no doubt hns
been very thoroughly prepared by both
sides. It is not for tho court to sny
what they shall put in or what they
shall not put 10, SO long as they do not
violate the rules Of the court. Mr..
Vandegrjft cannut be shut off from
showing a comparison.
yandegrift = introduced the in
| dividual ledger and in connection with
the testimony of Irving D. Boggs and
". N. Boegs, to show what the deposits
Of this defendant were between May,
1896, and May goth, 1897, to show the
deposits and balances according to
thuse books. In 80 far as they were
admitted. they were admitted outside
OF the alleged fraudulent checks; now !
propose to show that through the
fraudulent arrangement between W. N.
Boggs and the defendant, the balance
was really much less than appeared on
those dates, and that II these checks
had been charged up there would not
be, the balance such as appeurs.
Senator Grsy-We do not object to
showing what the balances we're, az
already shown, but we object to show
ing any changes.
Judge Bradford--I am clear in my
mind as to this. Under the Indictment
is the charge thar tho defendant had
not the moneys In the First National
Bank to meet certain checks; what the
district attorney must show, according
to his statement, III that notwithstand-
ing the figures in the book, which
aside from the fraudulent checks Ia
| rlRnt huuhBi, yOb bdheu Will WIG
alleged fraudulent checks, was not q
sufficient balance to meet those checks.
Bird-We don't object to that.
MUST NOT BIND THE GOVERNMENT.
Senator Gray still commended that the
government should not he allowed to
Introduce testimony by Ross in con.
tradiction to this balances shown by the
book. but Judge bradford declared that
to bind the government would be q
travesty upon Justice. He added thai
one's own witness could be contra
dicted by another witness as to the
facts. lie allowed MIR. Vandegrift'f
question:.
| Senator Gray We except to the
ruling.
Judge Bradford--Let the exception
be noted.
The stenographer then repeated the
question over which so much discussion
had resulted, namely: State what wa.
actually the atate OF his account Ma
4th, 1896.
Again Mr.. Bird arose with an OBJ.
jsction, claiming thar the district
attorney could not start back of tht
date 10 the indictment.
Judge Bradford--ile cannot.
Vandegrift-I desire to show intent
Judge Bradford--You have not yst
shown fraud.
yandegrift--I withdraw that ques
tion.
Mr.. Bird excepted to the Judges de
cision that Mr.. Vaudegrift could show
the balances on May 18th.
HARD TIME TO ASK A QUESTION.
Finally the district attorney was ahli
to resume questioning accountant Rosa
but still found the defence alert witt
objections and had several question:
ruled out before framing one thai
suited the court
Vandegrift--Mr. Ross, from you
examination Of the bucks Of thu
Farmers Bank and the First NHtiona
Bank state what the real balance o
Richard r. kenney was on May 18th
1896
Gray-We object.
judge Bradford-I sustain the oh
jectinn. ~
!, Vandegrift-State from your ex
animation what you ascertain to bl
the balance of Richard II. Kenney oil
May 18th, 1896.
Gray-Object.
Judge Bradford-I sustain that oh
, lection.
Vandegrift- Frum your examination
OF those books that are now In eyi
I ,ience, and from comparison VIVA
was the state Of the balance?
Gray-Object.
Judge Rradford-I sustain the oil
lection.
Vandegrift-what do you ascertain
to be the balance from an examination
OF the bonke?
|