The sun., 1898-12-17
would any other man, but no more.

would any other man, but no more.
"The learned counsel for the defense
circled all around the issue, but they did
not 90 into 1t. When they cannot ex-
plain tits better to say nothing.
"If the defendant had gene to the
president and cashier of the bank and
told them he had so much money out
and asked if it was all right, then there
would have been nothing Of this case.
We are not dealing with people of that
class. We are dealing with such people
as Marsh, poor Steele and others who
use the funds Of banks without the
knowledge of the proper officers.
''His counsel" the district attorney
said, ''called your attention to the fact
that he is an aspirant for political pre-
ferment. What he has got in political
preferment is the only thing that will
cause you to hesitate about convicting
him. 1t is long way between the aisles
OF Congress at Washington and the
prison to which people who violate the
laws are sent. Don't let it be said OF
Delaware that she makes a distinction
between people Of high and low degree.
If Delaware says it is all right to loot a
bank, then it is terrible condition Of
affairs, but let it be known.
II am sworn to treat all alike and will
as best l know how. If you cannot con.
vict man because he is in high posi-
tion, better turn out of the jails those
who have been sent there and let them
walk about in freedom and in sunshine.
Then, the people who do not want to
live under such government it would
be better for them to 20 somewhere
else."
Mr.. Vandegrift then read from the
evidence to show that Mr.. Kenney from
May to September, 1896, never had q
balance in the bank but on two days,
and that he had in all that time hundreds
and thousands of dollars of the banks
money without the knowledge of the
bank officers. Such condition, he
argued, could not have been possible
without an understanding with Boggs.
Continuing, he said the Government
had nothing to do with the fact that
after he was elected United States Sena-
tor, in January, 1897, that he finally
paid all the money back, but the evi-
dence showed from May to September
previous he had aided and abetted Boggs
in misapplying the banks funds.
Mr.. Vandegrift then took up the COZ
tradictions which the defense charged
appeared in the evidence Of Boggs, and
explained to the jury that these were not
contradictions, but testimony corrobor-
ated by the books of the bank and by all
reason. Mr.. Kenney's connection with
the Bay State Gas Company, as private
counsel, the District Attorney said was
proved by the voucher for services to be
rendered and by an officer OF the COM
pany in direct contradiction to the sworn
testimony Of Senator Kenney that he
was not private counsel. "a @i* fi n
II have no regret for not placing J.
Edward Addicks on tine stand to testify
relative to the Bay State Gas voucher.
1t was my intention to put Mr.. Addicks
on the stand. He would have testified
had it not been for the length of the
argument, which continued until nearly
l o'clock. He was here, but after wait
ing for some time he was excused, as he
had very good excuse. But Mr.. Alice,
q member of the executive committee
which approved the voucher, testified
that this defendant had been retained as
counsel for the Bay State Gas Co., fatty
the evidence OF the defend
ant.
II have produced here evidence to
meet every point they have brought out
in the case. The Government has abso-
lutely proved its case, and when he ap-
peals to you for mercy on account of his
high position or his family, remember
that other families are in trouble.
In conclusion the District Attorney
said: when this defendant went to the |
United States Senate he could have re-
fused to take his seat saying that he was
not worthy of it. He would not have
been asked the reason. No. But he
has no business there. He has COM
mitted q great crime and is using the
honor conferred upon him by the State
as q cloak to shield him. He has no
right to do 90.
"Drive him." he continued, "from the
temple OF the integrity of the State, for
he has no business there. Upon the evi-
dence he is guilty. If you want to
walk abroad among the people and hear
Them say you have done your sworn
duty, you will find this defendant, this
United StatesSenator, who has so DETAINED
and dishonored his State, guilty of the
,rimed charged against him."
After Mr.. Vahdegrift finished court ad.
ourned until 4 o'clock, at which time it
reconvened and Judge Bradford deliv.
sred his charge.
The charge is given in this issue of
The Sun under separate caption.
ppOpONEn nuANnC