The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1898-07-16

Wilmington, Del, July 15.-Judge
Bradford had no sooner opened the
days proceedings in the trial of United
States Senator Kenney before 1t be-
came apparent that Il struggle of legal
minds will result over the application
made yesterday to bring Ezekiel I.
Cooper, who has been convicted in con-
nection with the Dover banks short
age. into court to offset the testimony
of Boggs, the defaulting teller. The
government postponing argument on
the writ for the present, the defense
proceeded with examination of Wit
nesses. After an important witness,
Senator Kenney began the story of his
relations with Boggs.
KENNEY's STORY.
Senator Kenney stated that In 1893
Boggs engaged him as counsel, and
that until 1894 he knew absolutely
nothing about Boggs shortage at the
bank. When in that year Boggs came
to him and confessed to him that he
was a defaulter. Senator Kenney said
he was surprised and was Mortified to
learn he had lost II playing cards.
Boggs asked for witness advice and
would be to go to his friends and get
them to fix the matter straight. Boggs,
he said, did not tell him to what
amount he was in default. After that
time witness said he heard nothing
more about the shortage and presumed
accordingly that Boggs had taken his
advice and got the money from friends.
Coming down to the Shaw check for
$3.50, signed by Kenney and represent
ing a farm purchased for Boggs, Mr..
kenney said he knew nothing what
ever about the check. lie said he
might have given the check, but did
not recall it, and knew absolutely
nothing about the check not being
charged up.
The Cuthhert & Co. check for 5000,
which was not charged to his account,
he said, represented money he had ad-
Vanced to Boggs in stock transac-
ton. Boggs he said, came to him and
asked for the money in behalf of Col
onel Cooper who is now in prison. and
said that Colonel Cooper would secure
the check when he returned. Boggs,
the witness said, paid the money back,
but Mr.. kenney had no idea that the
money came from the banks funds or
that his check had not been charged.
The senator made a similar explana-
tion in regard TO the checks for over
$1,000 representing Boggs' building op-
erations in Philadelphia.
WITHOUT HIS KNOWLEDGE. .
Mr. Kenney then gave some interest
ing information on his operations in
Bay State gas. Checks aggregating
$500 representing dealings in that
stock were found unchareed to Senator
kenney's accounts in the bank. He
knew absolutely nothing of the failure
to charge them and supposed they had
been.
These checks covered a period from
May l, 1926, TO July, 1896. when he was
wiped out. He said he bought the
stock at %. 2S and 30 when everybody
in Dover was buying it. Boggs, he
said, solicited him to buy the stock
as he had information from the highest
source that ii was a good thing. Wit
ness said he never bought stock on
margin in his life before. His first
purchase was fifty shares at a war
gin of IS per share. He made the other
purchases from time to time and they
amounted to 350 shares. OF these 100
were Boggs' holdings, the witness buy
ing them for Boggs at his request,
Boggs afterwards paying him back the
advance and whatever losses resulted
from remargining. The S3,500, he said
represented ,he purchases and calls
mace from time to time. When the
stock was sold it brourht 100 shares
at l., 100 at 1874 and $50 at l4l:.
The remainder of Senator Eenney's
direct examination was 4 general de-
NAL of any knowledge q, completely in
the many regulations of the banks
funds, and while the witness was aware
of overdrafts Of his (Witness) account
he always made good Immediately upon
notification. He was then turned over
for cross examination.
CROSS EXAMINED.
Mr.. kenney was submitted 10 a mos
rigid and searching cross-examinaton
which failed to shake his examination
in chief. he persisted in the statemen
that although he was Boggs' counse
up to the time of the flight, vet h,
never knew of the defalcations. onl,
those testified to in his direct eXamin
alton, and which he thought had beef
settled. He contradicted Boggs' testi
mony in many particulars. denying
especially that he consulted with Bogg
as to his defalcations, and in regart
to Bay State Gas deals.
At the afternoon session, j. H. Bate
man, formerly cashier of the bank
stated that the bank frequently with
held checks when the account showed
insufficient funds and permitted over
drafts, but in both instances the Gus
toners We're considered good and safe
He said he thought it might have bee
done in Senator Kenney's case but h
was not positive. In all instances, h
said, the carrying of the checks woul
not show In the books, but the over
drafts would.
George V. Massey, assistant genera
solicitor of the Pennsylvania railroad
and Robert r. Holiday superintend
ent of the Delaware division of tn
same, testified TO the good reputatio
of Senator kenney. as did ex-Senato
Higgins and member of prominen
citizens of Dover.
II. L. Brockson, of New Castle. stat
ed that Boggs had recently stated [
him in the New Castle Jail that h
would get even with Kenney as tn
latter would not speak to him now.
Court adjourned until Monday.