Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1898-12-22

OF that year. Tho DEFENDANT, he SAID,
might not remember Just how many
shares he had received as d retainer,
but that was not material point.
The defendant had no reason for tell
ing what was untrue. He had no reason
for swearing that he was counsel for
the Bay State Gas Co. when he thought
he was not, and, after all, 1t comes down
to this: If Mr.. Alice was right then
Mr., Kennoy was mistaken.
Mr.. Biggs scorned the idea of Ken.
ney helping Boggs on his downward
career. Boggs did not need any help.
Mr.. Biggs told Of the various ways in
which Boggs lost heavily, at horse
racing, gambling, &c.
Mr.. Biggs claimed that It was after
Kehney had been indicted TINT Ezekiel
Cooper asked Boggs how it was that
Kenney's account showed good when
Boges left. and in view Of the fact that
an Indictment had been found u was
one Of the most natural things in the
world that such a question should be
asked ut this time.
why, gentlemen of the jury, !" Mr..
Biggs said, emphasizing his remark. by
bringing his fist down heavily on the
table, "this defendant did not get one
dollar of that s107, 200, but the district
attorney says he is guilty. The evil
dence does not show It, These books
referring to the bank booksl show oil
: through, in red ink, where there are
overdrafts oil through. II tho bank is
injured by an illcgitimote oyerdraft
why is it not injured by Legitimate
overdraft. Is the defendant guilty be
cause he had an overtirafts III there is
such thing as hair-splitting the dis.
trict attorney has got down to it when
has spoken Of this matter of interest.
When he talks about this he is on
mighty thin ice, to undertake to send
man to tho penitentiary, If this man
can be convicted, on the interest bust.
ness it Is time you and and the rest
Of the people In the community knew 1T,
This defendant may have boeu in
discreet when he loaned William N.
Boggs those checks. Whom he gave
those checks he should have put down
the data Oh tho stubs as some people
do. But it is not an uncommon thing
to do 1t i know Of many people who
do not even keep the stubs. Perhaps
this defendant was indiscreet in hay.
ing Mr.. Magee take his book to he
posted. The most the district attorney
can say is that no was indiscreot. But,
Llnnrk you, he was not the only Que
connected with the dealings of the
bank who was indiscreet "
1.-THE bank officers did not know
what was going on. don't want tx
say anything about Mr.. Bateman. one
Of the incest old men in the State, hu
he did not know what was going ON
| He trusted to the honesty Of Boggs
| Why, tho directors, when they hat
Boggs before them for gambling, die
not inquire into tho condition of hi,
accounts. He fooled the directors, Mr.
Bateman and Irving ID. Boggs. oftei
wonder how il was that, with the other
there right with him, he could TAX
the slips and deposits of depositors an,
put them in his pocket without hoinI
detected.
''He lied to the directors and officer
| of the bank, his bondsmen and to hi
best friend, and now he comes here an,
lies to, you in the trial Of this defend
ant, Take Boggs out of the case an
there is nothing left. The books Q
the Farmers Bank don't show that tn
defendant defrauded the bank. The
show what checks went through th
Farmers Bank. The individual ledger
are not admitted as independent eyi
dence, but in connection with the evi
dence of William N. Boggs and Irwin
!, ID. Boggs. The books don't corrobC
rate Boggs any more than Boggs core
borates the books.
1.-THE relations between the distrit
attorney and myself have always bee
of the best and l hope they always wi
be, but / will say tn you and to hi
that his conduct Ct the case again
this defendant is more in the nature +,
persecution than q prosecution.
, the first case the Jurors differed
opinion !. sometimes to 8, sometim,
! s to 4. always to 8 in favor of the d
, PENDANT. And when jury stands tn,
way there must be room for u reason
BILE doubt. And the district attorne
, comes here again and asks you to col
,, Wet this defendant on the same ident
cal checks. When I heard the ca
was TO be tried again | did not unde
, stand it, and did not understand
!, until William ". Boggs went on Il
! stand again and 1t developed that
! was to let out another link. Bog
, said In the former trial that he nep,
/, put any money to Kenney's credi
, while at this trial he said he did. Ia
about letting out link; why, he
a out n whole chain. Why, the rocco
shows that Boggs contradicted hims,
! in the most vital part. Take his test
: mony when he has contradioted himsel
You must be satisfied that there is
! case without him. You've got to thrt
his testimony out and shy when y,
throw his testimony out you throw t
! 1 case out. ~
"A Court took o recess until $50 p. !
. OTHER cAsLs CONTINUED.
!, Prior to the noon recess, at the !
IS quest of District Attorney Vandegri
the Cotter, Cole, Butler, Alice, NJ
70 Gonigal und Ford csses were continu
N until tho January term Of the distrI
,. court, which begins on January 10i
d 1890, and all oil the jurors not O
* paneled in, the Kenney case were d
ID charged from any further attendan,
is New, jprpFs will 9be drawn TO try {
,e other cases.
he y At Thursday afternoons session
W tho United States Circuit Court 10
Biggs finished his address to the il
r. in behalf Of the defendant In tho G;
against United States Senator Kenn,
is William N. Boggs, =" Mr.. Biggs ga
sis not entitled to the same conside
tion and oredence that would BIO ri,
d, an ordinary witness. He is known
ut law as an accomplish. He has pleat
OF guilty. He is the biggest thief g
g, saw. l do not remember of any otl
ut person in this State stealing Si07, o
ne He has not been sentenced. Why2
VI he can be sentenced and testify, as
the case OF e. I. Cooper, 10 sho,
Is have boon sentenced long ago and
r. the man know what he is to get.
'st would then be free and independepi
se a district attorney. lie has pleat