Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1898-07-21
there it would show an overdraft, would

III llUt.
Boggs,-If it was to lie held out i
would not be charged to the account.
Nandegritt-lf the hank would pay tt
the Farmers Bank the check of mar
who had no money to his credit. i
would show Just that much shortage 4
the bank, would it not?
Boggs--Ths back would be short jus
as much as was taken out to pay tina
check.
Vaniegrift-Why was 1T necessary. o.
why did you hold checks up. or was ther'
any Arrangement to hold uhecke up?
Boggs-My relations with Mr.. Kenne,
were intimate and did those things
with his full knowledge.
Vandegrift--Wba were your relations
Bqggs--When had Dsed for cuunss
| always employed Mr.. Kenney, anr
aside from our professional relations
thought great doal of him.
Vnndegrift-When did ne first know
OF your defalcation2
Boggs-To the hest Of my recollection
1T was in the early part of October, 1895.
Vandegrift-Ilow did he know ahuu,
it and how much was your defalcatior
at that timer
Tbs61 VIC btiud WAS III
difficulty about another matter which
had been brought before the board OF
directors. | was worried about 1t and
spoke to Mr.. Konney about 1T, ana that
was tho fret time acquainted him
with my shortage.
I Vandegrifr - How much was your
shortage at that time?
BozeH-.I don't remenlber exactly. III
was about SIS. 600 or $50, 0eo. l cannot
say positively.
4 Vandegrift-He had nothing to do
with your shortage at that time?
Boggs--Not at all.
vnndegrift-Wha did you tell him ?
Boggs-I told him as near as could
the state Of affairs, and he advised me
in certain mattsrs.
Nandegrift-WRs there any inquiry
made about paying back to the bank
the amount Of the shortage?
Boggs - / was greatly encouraged
with what Mr.. Renney told me and |
thought every dollar could be paid back.
Vandegrift-Was any plan devised
wherepon you thought YOU could realizu
something?
Boggs-Yes, sir.
Vnndegrift-What wns the plan?
Boggs-It was a special matter that I
saw Mr.. Kenney about; the poker play
ing about whicn | learned there was to
be an investigation. went to see him
on Sunday and told him IL was bad
enough to be brought up for play ing
poker. but that that was not all. l was
short In my accounts at the bank. lie
asked ME il bad anything to show for
il and ] explained to him about certain
claims had. He thought he would be
able to do something for me and l
believed he would do anything in his
power. spoke Of claims against
Thomas IS. Clark aud others and he
said he would try tu collect thun.
NEUTRALITY-SUSPICIOUS. did your downfall
with the bank have it's orjging
Boggs--With Thomas S. Clark. Long
before / had any transactions with Mr..
kepnsy. sy,,s, -,zs, ~. VI i-.i, !,
vsndegrift--Rsf to the checks
Of Cuthbert and Shgw, in 1896, had
Kenney as counsel succeeded in col
lecting the obligations or helping you
out Of the difficulty?
Boggs-Mr. Kenney made collections
in 1895 or 1896, but the larger items
had mentioned to him when told him
of the trouble. had not been collected.
Vapdegrlft-The amounts were not
sufficient to ease you auy?
Boggs-No. sir.
.Vandegrift--Did you have any other
conversation with Mr.. Kenney between
the first time you spoke to him about
the matter and 1896?
Bogge--I had some such talks with
him.
yandsgrift-Did he know that such a
condition continued to exist2
Boggs--I talked to him anout it,
Vaudegrift-Do you know that he
knew?
Boggs--I do know. %
Vandegrift-Why did you carry the
Cuthbert and other checks for Kenneyt
Boggs-well, We were all in hole
together.
VRndegrift-H
Boggs-Kennsy knew / was in sxhols
and ! knew Kenney was In a hole.
Kenney was helping me all he could,
and l was helping Kenney all ] could.
Vannegrift-- With respect to these
checks kannoy drew for his own use
and 'heneiit, now long did you carry
them?
l,oggs-I cannot ssy With relation to
these special checks. Ny plan WAS a
general one. When a deposit was made
sufficient to pay the checks, they were
charged up until ths deposit was ex-
hausted.
Vandegrift-Were these checks for
his own USE finally charged up and paid
by himP
Boegs-Yes, all we're paid by him.
Vandegrift = Can you tell by the
books how long you held the checks
out2
Boggs--Yes, sir.
Vandegrift-WHs this holding out
with the knowledge or consent Of the
bank or its officersi
Boggs-No, it was not. II was entirely
without their knowledge.
Vapdegrift-Would it have been per-
mtted il they had known. of it?
Boggs-I am sure it would not.
Vandegrift-Why was it concealed?
Boggs--I could only do it by conceal
ing them. l considered it was to my
interest to protect his accounts.
Vandegrift-- With respect to the Shaw,
Anderson and the 5000 Cuthbert check
who got the benefit?
Boggs-l did as much as any body.
They were entirely for my use.
vandegritt-Did, he know you were
a defaulter at this time?
Boggs--Yea.
Vandegrift-G TO the court and
jury the history of the 81, $50 check
to Shaw.
Boggs-In 1895, September or October,
think, I secured from W. E. Cotter.
second mortgage on farm near
Harrington for 5000, in payment for
some checks which ] had paid for W.
E. Cotter. In the spring of 1896, 1
laarnad that tha farm WIS To he sold at