Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1898-07-21

uI tuo tutbimony OF dccOnpilcbbs uutpofi-
ties being quoted 10 show that such
evidence to be gond should be cor
roborated, holding TINT in the present
case tho evidence of William N. Boggs,
ssf-confeHsed criminal, should be
carefully surutinized by the jury.
Senator Gray also spoke OF the toBti-
mony of witnesses who had been called
TO give evidence concerning tho previous
reputation of Senator Konney for |
honesty aud integrity, and snid that |
such evidence should have ersat weight.
Mr.. Vandsgrift stated that ho would !
havo but littls to say about tho prayers
which had boom presented by tho DO
fence. lie would not dispute that it
was not criminal to create legitimate
overdraft, hut bold that there was a
difference between a Legitimate over
draft and the amounts which had
boen carried by tho arrangement be-
twsen Boggs and the defendant.
MR.. yANDEaRIFr ADDRESSES THE JURY.
Aftor the praysrs had been disposed
Of District Attorney Van6egrift began
his hddross 10 the Jury. lie opened by
directing the attention Vt the jury to
the question Of the guilt or innocence
of ths defendant, who was charged in
the indictment with violating soction
5000 Of tho United States Revived
Statutes. He said he had hoped the
witnesses upon the stand would remove
all seriousness from the case. The
testimony, he said, had not dune that.
The defendant, be held, gave checks
upon the bank knowing he had not tho
funds there to meet them.
Mr.. Vanderbilt snid he would not
have bsen willing that upon the I'M
| corroborated testimony Of any one Wit
ness the accused should be convicted;
but the evidence produced before the
| Jury brought forth books, papers and
other documents upon which there
| were entries mnlie long before the out
| come OF the trouble was anticipated.
The defendant, Mr.. Vandegritt snid,
is entitled to every reasonable doubt
and he caunot be convicted unless all
4 doubts are removed. Continuing,s Mr.
| Vandsgrift said w. II. Boggs had told
| the jury TINT Senator Kennsy knew of
| the arrangement whereby he was to
| have the use of the funds OF the bank,
| and the expert accountant, who had
| examined the books, found by examin-
| ing tue books OF two OF the IA oDr-
responding banks that there were
enough cheGka through those two banks
not charged to the defendants account
TO change, 10 almnst avery instance,
this credit balance to debit balance.
Attention was called to the \, drafts
which had gone to Calmut, Mich, and
Beaufort, S. O., and which had boen
returned.
| Mr.. vandegrift invited comparison
betwsen the testimony Of William NJ.
Buggs and the defendant all the way
through tue case He dwelt at length
on the 81, 900 transaction, and said the
defence had no check to show. but only
the word OF William N. Boggs that II
was ever paid back. Boges. lbs he'll,
was backed up by documentary evI.
deuce in connection with this trans
action. Referring TO Boggs' consulta-
ton with Senator Kenney regarding
the formers shortage, Mr.. Vandegrifl
said there was a discrepancy between
tnsm and the jury must decide betweer
theip, as there WIS no cosroborativt
evidence of the testimony OF either.
He held, however, that it was no
! probable that this young man was let
, out OF the door 10 minutes after b,
entered, and 1t was not reasonable t.
, tsuppose that the defendant terminated
! the interview as he had said he did, y
"No man has sought more avenues II
an endeavor to find that this dcfendau
| was innocent than /, said MIR. Vuude
, grift, hut ] have found nothing q
, bear that out.
Mr.. Vandegrift began speaking a
4. 80 o'clock, aud was Still speaking a
8. 80, when court adjourned until 1
O'Clock yesterday morning,
When the United States Circui
, Court opened at 10 o'clock yHsterda
! United States Senator Kenney, th
defendant In the case now pending
was not present. but his counsel HBaure
: Judge Bradford that he would be i
court in few minutes, and 1t wa
, agreed to await his arrival. lie arrive
10 minutes later.
: Prior to his arrival, ON the applica
tion of Levi q. Bird, Walter II. Haye
and Peter L. Cooper, Jr., the couf
7 made an order continuing all of tn
: other Dover bank Cases until th
September tBrm of court, and permits
sion was given to renew the bail in eac
case. 1904
!. MIR. vANDsaNIFT's ADDRESS.
Soon after the arrival Of Senate
4 Ksnney, district Attorney Vandegrii
. resumed hiH address to the jury. II
4 opened 10y calling the attention Of th
i Jurors to the fact that he considers
= the case more particularly one of mis-
J, application Of the fundH OF the ban
and for that reason all Of tina counts i
the indictment not referred to misaI
d plication were nolle pressed; also tht
ia othor ohHcks which had hsen teatitie
10 to were not to be considered NJ in sp
"a dency, eimply having boon brought o,
d to show intent Of acts alleged in tn
,s Indictment to have been com mittee
% Continuing. he said Senator Kenne
K mad testified that he did not know ii
j. condition Of his accounts at tho banl
J. whereas w. N, Bdgga had stated th;
ii his did know and that there was d
It understanding hstween him and tt
0. defendant. Evidence on this point WI
ID reviewed by the district attorney. VT
"a also took up the several items mel
ut toned in the counts remaining and II
ID evidence on each was spoken VI.
,s PARTICULAR attention was called
,e the words Nv. N. B. account" on Il
10 Kenney check for 5000 of Septombe
at 1896, Mr.. Vandegrift saying he did n
rs know who bad written them Their
or "Oh yss, you do, remarked Mr. Bir'
or - don't know" Mr.. vandegriit sal
"but it may be in W. N. Boggs' ham
id handwriting, and 80 do we" reinark'
9, Mr.. Bird. "Well, +" replied Mr.. Wand
es grift, 81 am willing to have it know
ne that il is in Bogga. handwriting.
g. was not brought out in evidence, b
Id / am glad you admit it. This writil
It. was made In 1906 What object wou
cd Boggs have had in placing aoniethil
IL ON the check at that time that "
ny not so? This check passed In that co