The sun., 1898-12-16

they were simply accommodation notes,
and Mr., Kenney had no reason to be-
ljeye Boces had not protected the checks.
"True," he continued, "Boggs had con-
fesse to being a defaulter, but this was
long before, in 1894, and Mr.. Kenney
had every reason to believe Boggs had
made good his shortage.
"Tbe relations between the district
attorney and myself have always been OF
the best and / hope they always will be,
but will say to you and to him that
his conduct OF the case against this de-
fendant is more in the nature OF a perse-
cution than prosecution. In the first
case the Jurors differed in opinion; some
times to 5, sometimes to 4, always Z
to 5 in favor of the defendant. And
when jury stands that way there must
be room for reasonable doubt. Ana
the district attorney comes here again
and asks you to convict this defendant
on the same identical checks. When !
heard the case was to be tried again l
did not understand it, and did not un-
derstand it until William N. Boggs went
on the stand again and it developed that
he was to let out another link. Boggs
said in the former trial that he never
put any money to Kenneys credit,
while at this trial he said he did. Talk
about letting out link; why, he let out
a whole chain. Why, the record shows
that Boggs contradlcted himself in the
most vital part. Take his testimony
when he has contradicted himself? You
must be satisfied that there is a case
without him. You've got to throw his
testimony out and l say when you throw
his testimony ont you throw the case
out"
The court here took a recess until go
o'clock.
Mr.. Biggs concluded his remarks to
the Jury during the first half hour of the
afternoon session. He held that Boggs
had been contradicted in several mater
ial points. He said Boggs was not to be
treated as competent witness. He de-
clared that Boggs is what the law terms
an accomplice. "Boggs," said Mr..
Biggs, ais the biggest thief this State
ever had. He pleaded guilty and hasn'.
been sentenced. Ifthat man can be sem
fenced and yet testify as f. I. Cooper
did, then l say he should be sentenced.
Let him know what he is to get. Free
him, as it were. from the loving wing Of
the district attorney. You have got here
man who pleads guilty, who is con-
fessed criminal and because the Court
has not sentenced him he can testify.
Is there any virtue in that? He will be
the same William N. Boggs after he has
been sentenced as he is now."
Mr.. Biggs was willing to let the jury
decide between the two men Boggs and
Kenney. He couldn't see how the jury
could take Boggs' testimony. The
speaker then eulogized Mr.. Kenney say
ing he had come from poor boy to the
highest office in the State and no jury
could say on the testimony given that
Kenney had perjured himself. .
"That which is dearer than life itself
to him is committed to you. You are
the judges Since the days of King John
when the English people rose up and
demanded trial by jury this has been
the most sacred right. Now this defend
ent comes to be tried by a jury of his
peers. The right belongs to you, to him.
No judgement of the district attorney is
to decide this for you. It's your province.
ANYBODY that steps on this province en-
croaches on that sacred right which you
own and own"
Mr.. Biggs said there was no such thing
as reasonable doubt in the case. Kenney
didn't mean to injure the bank when he
drew those checks. There is principle
in law which courts decide in favor oil
life. Gentlemen, if you commit an error
in this case commit it on the side Of
mercy. Don't put yourself in position
where, in after years, as you gather your
family around you, you will say perhaps
he thought Boggs had made his defalca'
tion good, or perhaps, after all, he
didn't draw those checks to iniure and
defraud that bank.
"If you err, gentlemen, err on the side
of mercy. It's too late after the prison
doors have closed. The wife of this de
fendant, who ever in morning and in
night prays that you will deliver him tc
her, will be heart broken. His children
J will be told that their father was con
vict. His grandchildren will be told that
, their grandfather was convict. Let hin
90 back to his fireside. l ask of You 6
verdict OF not guilty"
Levi C. Bird then addressed the jury
saying that after what had been said by
his learned colleague it seemed to hin
useless to say anything He didn't ex
pect the jury to have any trouble find
ing the defendant not guilty. He said j
was absurd to think of Kenney giving al
these checks when they were no interes
to him. Creditors were not knocking a
his door. Kenney was making money
: and stood high in his profession.
While alluding to Boggs' playing card
, Mr.. Bird said that of course the distric
attorney didn't know anything abou
cards. The Court informed Mr.. Bir'
n that it was prepared to admit that botI
9 he and Mr. Vandegrift were admirabl
:. in respect to card playing.
Mr.. Bird took up the $500 worth q
l checks and explained that when Kenne
t gave them he expected them to com
0 back to the bank. "This was betwee
e May and July and whether Kenney'
j. bank account was good or not in the al
:. sence of any unlawful agreement betwee
e this defendant. Mr.. Bird admitte
that Kenney kept very loose bank az
e count. "What OF that" said the speaker
n II knew learned lawyer who practice
e at this bar who kept all his legal paper
i'll 60 hat l.. - L.,