New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1898-07-21
THE KENNEY TRIAL.
COUNSEL FOR BOTH SIDES SUM UP BE-
FORE THE JURY.
SENATOR GRAY ASSERTS THAT KENNEL IL IN
NocENT OF ANY SHARE IN BoGGs's

REGULATIONS.
wilm,ngton Del July a0-District-Attorncy VAN
decrift to-day I'm the United States Circuit court
resumed his opening address to the jury !" '"e
case OF United States Senator Rchard H. 'Aeh"eS'
who is charged with aiding In the mlsappncato"
OF funds Of the First National Bank OF Do'er'
Prior to his speaking, application was made 10 inc
Court in behalf 6f the others who have oeen III
dicted as result Of William y. Boggss defaica-
lions. asking for a postponement OF the triai oi
their cases until the October term OF court Judge
Bradford agreed TO the postponement. snouh 'ne
sureties offered be satisfactory. The others IN
dicted are Charles H. Butler. w. f. Cotter. j.
Frank Aloe. John Megongal and " F. Ford
Mr.. Vandegrft then resumed his address lie
spoke for hour. going over I'm detail those
counts In tho indictment. upon which the Govern
ment depended for conviction. numbering six our
OF original twenty-five He said that the case
against the Senator more one Of misapplication
than abstraction and told the jury that the checks
passing between Kenney and Boggs. other than
those mentioned in the indictment. had been intro
duced TO indicate tho relations between the TWO.
They indicated. he SAID that the intent OF the de-
PENDANT was TO aid Boggs In the work OF misapply-
ing the funds Mr. Vandegrft. continuing. said X
there was no arrangement between Boggs and
Kenney, why did the latter permit Boggs to enter
deposits TO the defendants credit, when no deposit
was made and pay tho defendants checks when ne
had funds. The speaker concluded with an ap-
peal to the jury for careful conscientious cohspei"
ton OF the evidence.
Mr. Bird then opened for the defence. He de-
nounced the prosecution as OF the most in
famous in the history Of the county. the prosecu-
ton he said of a prominent citizen Of the State
and Nation He denounced Teller Boggs as I'M
worthy of belief and intimated that his motive
in returning from flight was other than purpose
to stand the punishment he deserved
Mr. Bird attacked the credibllity OF Boggs by
quoting from the testimony certain portions, which
he said indicated Boggs swearing falsely. lie
dyvelt at length upon the fact that the bank lost
nothing by what ne admitted were overdrafts BY
tho defendant and he said that such overdrafts
I'D not criminally impcate Senator kenney. MT
Bird smoke for nearly two hours before he con-
Guided
Senator Gray made the closing address for the
defence and for two hours held closely the atten-
ton Of the jury. He attacked what he ciaimeu
was the absolute failure of the Government TO
make out a case against the defendant. The major
portion Of MS speech dealt with the subject OF IN
aggreRating nearly $3.50 ne admitted, Dut ne He
MED absolutely that the defendant had the siigh-
est knowledge that Boggs stole the money win
which 70 pay the checks from the banks FUNDS
The defendant, he argued might have been care
less in his business dealings relations with
Boggs. but II so it was due to over-coniaen s IN
taking advantage of his trust by looting the bank
Senator Gray ntmated that the Government had
relcntessly prosecuted the defendant on the single
word Of a self-confessed defauter He made an
eloquent appeal for prompt acquittal. In whch
he touched upon the actual overdrats OF tne dei
caused By Boggs Withholding kennys checks
until sufficient balance was to the credit OF the
defendant to insure payment 49,. .., ,ho
District-Attorney Nandegrift then began tne
closing for the Government and had not concluded
when court adjourned for the day.