New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1898-07-16
SENATOR KENNEY'S TRIAL.
,rz,crrNoNY OF DEFENDANT NOT SHAKEN
ON CROSS EXAMINATION.


xu 1ATIY CONTRADlCTS STATEMENTS pr h''"'
THE DEFAULTING TELLER
1.,c-,,nston. Del July 15-The fifth day Of the
v.,,ev trial was occupied principally IN Hsle"ins
o. N. testimony OF the defendant. Judge hrau-
o.. Rad no sooner opened court than It became ap-
,srent that a struggle OF legal minds "oulo result
over the application made yesterday 10 orihs h-ze
90, r coone- who has been Convictei IN connec-
ron with the banks shortage into court 10 onset
N. testimony % Boggs. the de,aultnS ieHer
yudee Bradford said to Senator Gray to-day that
- hsd partly considered the motion 70 summon
Coo,>r and had failed yet 20 discover single IN
s,ance in which convicted man. serving sen
,snc. NJ over one year FOR heinous crime. had
sys- been brough, into a United States court 10
testity
tn. Government postponing argument on the writ
for the present the defence proceeded with the ex
animation Of witnesses After an unimportant wit
ness rad testified. Senator Kenney began the story
Of his relations with Bogss.
Senator Kenney stated that in 1898 Boggs engaged
him az counsel and that until 1896 he knew abso-
utely nothing about Boggs's shortage a; the bank
! was not. he said. in 1925. as Boggs testified
When IN that year Boggs him and con-
,essed that he was detauter Senator Kenney
std ne was surprised and was Mortified TO learn
he had lost the money playing cards. Boggs asked
FOR witnesses advice. and Mr. Kenney told him the
best thing would be for him 10 20 10 his friends
and get them 10 fix the matter. Bosgs, he
said dio not tell MIN TO what amount ne was 10
default After that time the witness said he heard
nothing about the shortage. and presumed accord
insly that Boggs had taken his advice and got
money from friends.
Coming down to the Shaw check for s165N signed
BY Kenney and representing farm purchased for
Bcggs Mr. Kenney said he knew nothing whatever
about the check. He said he might have given tn,
check but did recall Il. and knew absolutely
nothing about the check not being charged UP.
The Cuthbert & Co check for $500 which not
charged 10 his account, ne said represented money
he had advanced TO Boggs in stock transaction.
Bosgs he said 10 him and asked for the
money In behalf Of Colonel Cooper who is now IN
prison and said that Colonel Cooper would secure
the check when he returned Bogss the witness
sad paid the money back. but MI kenney had no
idea that the money came from the banks FUNDS
or that his check had not been charged. The Sen
sor made similar explanation in regard to the
checks for over $500 representing Boggss building
operations in Philadelphia.
Mr. Kenney then gave SEINE interesting informa-
ton on his operations in Bay State Gas. Checks
aEreeatinG $500 representing dealings in that
stock. found unchanged 10 Senator Kenneys
accounts IN the bank He knew absolutely nothing
OF the failure 70 charge them and supposed they
had been charged
These checks covered a period from May Il 1896,
q JULY 1896 when he wiped out. He said he
bought the stock at &c. y and 30 when everybody
in Dover buying e. Boggs ne said. solicited
him 70 buy the stock. he had Information from
the highest sources that It a good thing
Witness said ne never bought stock on margin in
rs life before Hts first purchase nifty shares
a. a margin OF IS per share. He made other pur-
chases from time 20 zine until he had So shares.
o. these 100 Boggs's holdings the witness buy
ing them for Boggs at his request. Boggs after
ward paid him back IN advance and whatever loss
es resulted from remargining The $500 he said.
represented the purchases and calls made from
time TO time When the stock was sold 100 shares
brought 10. 100 lss. and $50 1+i..
The remainder Of Senator Kenneys direct exam
nation was general denial OF any knowledge or
completely in the manipulation Of the banks funds,
and that while witness was aware OF overdrafts In
his (witness's) account he always made GOOD I'M
mediately upon notification. He was ;hen turned
over for crosse KAN ma ton
incidents that came near being sensa onaI occurred
Distris nandeetan accused Sen nd cray
answer TO the prosecutions question. The Senator
resented the imputation and Wordy war between
called Senator Gray TO task for remark following
dbly, This is not proper testimony Judge BRAD.
or 70 influence the Jury Senator Gray disclaimed
any such Intention. and said It was meant only
senator Kenney was submitted TO searching
cross-exarnination which failed 70 shake his test
rnOny Re persisted in the statement that, a..
though ne was Boggss counsel UP to the time OF
the flight yet he never knew Of the defalcations
and which he thought had been settled. He con
tradicted Boggs testimony in many particulars.
DENYING especially that he consulted with Boggs
Is 10 his defalcation and IN regard 70 Bay state
Gas deals. .,
AT the afternoon session J. P. Bateman formerly
ca shier OF the bank stated that ne BANK IRE,
ouenrv withheld checks when the account showed
tnsuflcient funds and permitted overdrafts but In
both Instances the customers were considered sood
and safe He said he thought X might have been
done IN Senator Kennys case but he was not pos
Tive In all Instances, he said the carrying or
checks would not show in the books but the over
drafts would. , ,.,. -.
George Y Massey assistant general solicitor on
the Pennsvlvania Railroad and Robert X Holli.
dav superr tendent OF the Delaware DIVISION y
the same road. testified 10 the good reputation OF
Senator Kenney as did * Eenetor Higgins ana
nunber % prominent citizens Of Dover
s r Cooper The bookkeeper OF me fNhels
National Bank said that checks were WlthheIu
and accounts overdrawn Ct that insutuuoh out
under cross-exaIninator said that y the accou.,.s
Nrere Ike those Of Senator kenney. the over.
Sraf,s would not be allowed and the checks would
b. protested before O'clock
Court then adjourned until Monday