Smyrna times., 1898-07-20
THE KENNEY TRIAL.
Rebutting Testimony Of BOggs, the Default
Ing Teller.


The second week of the Kennev
trlal began Monday. Judge Bradford
announced his decision granting the
application made by the defence for a
writ OF habeas corpus to require the
appearance of Ezekiel 7. Cooper, now
In the Trenton On. j. Penite ntiary,
as the result of the Boggs defalcation,
to give testimony.
The defense than resumed it's exam
NATION of witnesses. Amos Cole, who
obtained $500 from Boggs on letter
from Senator Kenney, testified in ref
erence to that transaction, but moth
ing. important developed. William
Anderson, the Philadelphia builder,
was examined regarding the receipt by
him of Senator Kenney's checks as
payment for BOggs's business dealings
with him. He said he did not know
Kenney- in the building transaction,
and had no idea at the time he ex-
ecuted the contract the Senator's checks
would be given. The defence here
rested its case.
In rebuttal William N. Boggs was
called and testified to discrepancies in
the statement of Senator Kenney as
to BOgg's resources in 1896. Consid-
timOny as to the witnesses loss on Bay
State Gas in mutual dealings. Sena-
tor Kenney had stated it was 81, ,4O7
Boggs denied this and said it was $4O7
He stated that the 81, 900 had nothing
to do with their mutual dealings in
Bay State. A struggle followed be-
tween counsel as to what the 81 900
did represent.
The witness said the 81, 900 was a
despOsit he had made to Senator Ken
ney's account, and was a result of it
being necessary to show funds for the
Senator's checks, which he had been
withholding. A draft which had been
deposited to the Senator's account, he
said, had come back protested, and it
became necessary to use 81, 900 to bal
ance the accounts properly. The 81 900
he said was afterward paid.
In another part of the defendants
examination in chief the statement was
made that during the greater part of
July and August, 1896. Mr.. Kenney
was absent from Dover. District-A
tOrney Vandergrift asked Mr.. Boggs
If this was true. Boggs replied that
the Senator was in Dover on an aver
age five days out of six, and in that
time made a number of desposits at
the bank.
A number of deposit slips were in
troduced by the Government tending
to lend strength to BOggs's rebuttal
testimony on this point Consul for
the defendant admitted the slips were
made out by Senator Kenney, but
stated that they might have been
mailed.
BOggs cOntradicted Mr.. Kenney's
testimony in a number of minor points
and there were frequent passages be-
tween consul relative to the asking of
certain questions.
Deputy-Sheriff DOwnes was called
in rebuttal by the Government, and
was asked oncerning the 81, $50 check
given by Senator Kenney in Boggs's
farm transaction. Mr.. DOwnes said
that the check was not given to secure
the purchase, but, as he understood it,
Senator Kenney's check was the final
payment.
J. H. Bateman, formerly cashier of
the bank, was called and asked if any
order had ever been issued by him in
reference to overdrafts by Senator
Kenney. A long and earnest argu-
ment followed between consul over the
propriety of the question. Judge Brad
ford admitted it. Mr.. Bateman stated
that he had issued special orders to
BOggs not to allow Overdrafts in the
accounts of Mr.. Kenney and others.
When pressed for his reasons for issu-
ing the order, the witness said that
Mr.. Kenney seemed to show dispo-
sition to use the funds of the bank
somewhat too freely. An effort was
made by the District-Attorney to have
named the others he hand in mind when
he gave Boggs such an order. but this
was Overruled.
Court then adjourned until to-mor-
row, when Ezekiel T. Cooper, who
will meanwhile have been brought
from the Trenton Penitentiary, will be
examined briefly. The Government
will then call a few more witnesses
in rebuttal, after which the argument
of counsel will begin.