The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1898-07-15
THEDEFENSE :
0PENSlT'S CASE
CONTINUE from First Page.]

1t seemed that the application was made
at rather late date. Only In one instance
OF convict serving years sentence cout
be fnd where 1t was deemed competen
for convict to testify.
There was another question In the cas
where this court sitting for the district o
Delaware. Tho court could not find any
thing regarding the right to issue q habea
corpus returnable from the District of New
Jersey
Judge james Pennewili was a director
and coun sell for the First National Bank VI
to February, 1857. He remembered on
instance whore Konney called upon him
a couple of days after the defalcation
Kennoy said he wanted to explain and pro
duced 5000 check, An arrangement was
made and President Richardson was pres
ent.
District Attorney Vandegrift objected
to tho evidence.
Mr.. Bird claimed the evidence was ad-
missable.
The court-The witness cannot make
evidence. Judge Pennewill cannot testify
as to what Kenney told him.
Judge Psnnewill saw Kenney leave the
$500 check at his Office.
Senator Keuney was sworn and In an
swer to Senator Gray, deposed he has lived
twcnty years in Dover. He has been u
member of the bar Since October 81 1881.
He was librarian of the state for two
terms and Adjutant General Of the state.
He became acquainted with Bogss since
he has been connected with the bauk. The
acquaintance with Boggs Lecame intimate
Boggs. The business was In regard to es-
tates. Was customer at the bank and
came constantly in contact with Boggs. He
spoke to him In November, 1894 about.bo-
ing in trouble at the bank. Witness was
surprised. He came for advice.
Witness told him that he had enough
friends that could fix up the matter before
1t became public. He never mentioned
the amount OF dofalcation. That was the
only reference made between them about
the defalca,ion. He spoke about re-
proaches from the directors because of
playing cards. Bosgs told him Of the in-
terviow aud with having seen Mr.. Massey,
During April of 1895 Boggs was treasurer
of tho National Building and Loan Asso-
citation and witness was General Counsel
Witness had every reason to believe that
Boggs took his advice given by witness
Boggs Lad largo funds vt that time. All
came from salaries and sales OF stock. Ex-
elusive of his salary he realized over four
thousand dollars. Witness went over the
items. They included sales of
building and loan stock, profit on IL note,
money for n mortgage ana salaries. Boggs
told Kcnney he was making
largo sums by gambling and specializing.
He forgot all about tho Shaw check until
he saw tho matter referred to in II nows-
paper. Boggs instructed Kcnncy to tele-
graph II bid on the Edwards farm at Har-
rington. That afternoon the sheriff in
formed Konney of the purchase.
The Sheriff told witnes that Bagps paid
bilc CDHJs, us CllcCh Vi Slb)U WIS plVbI
for the protection Of the Sheriff until u SGT.
was made. Boggs applied for a
loan of Sl2U0 from the Building Loan to
pay for this farm. The next check was
for SOD Ca the day the check is dated
Boggs came to mo and said he or Colonel
Cooper had bUsn called for 500 and gave
the check. After Boggs left there WIS
some discussion about checks having pass.
cd through tho Farmers bank aud not
having been charged in the First Nutioua!
Bank.
Witness learned that some of his clerks
had gone through and found tho 500
check.
About tho Anderson checks Senator Ken.
ney said that he had no doubt he gave
thu checks. Tho circumstances under
which they were given were that Buggs
Informed him that he was unable to trans.
init tho money. He then loaned the check
with the clear understanding that b Eggs
was to pay them out of his own resources.
He never heard Of these checks again.
They were never charged against his &C.
count at the bank
"How about the checks that were carrl-
edP"
II gave them as margins OH tho Bay
State Gas. bought $50 share, Of which
100 belonged to Boggs. Boggs had In
formed him of the Gas stock being q good
thing and that ho had made money
Finally bought nifty shares. Tho stock
began to fall and during the second week
of July my stock WIS sold and the account
wiped, out causing II loss OF $1,000. Knew
that he had oyerlrafts at the bank md had
been called upon by tn, bank officers to
make good the ovcrdrnfts
He did not know they were carried BY
Boggs. Never had any reason to suppose
but that tho deposits wore Keeping up
with tho checks given and that the baIun-
Cos were correct OIL his book. Boggs noti-
fed him of overdralts and 81 did othur Of
tlccrs.
Had both oral and written notices never
had claim that he did not respond to
"Did Boggs in November 'o5 tell you no
was short $50 0Ol
mo sir"
"Did ho ever directly or indirectly tell
YOU he was paying these checks out of the
funds of tho bank9
"Ncyei. On tho other hand felt there
were funds in bank at all times to meet
my checks
Novor had any information but that tho
10, 800 checks were paid by Bogss There
was no arrangement between Boggs and
witness as to carrying checks. During
oart of the time witness was not In Dover.
The erasures Of the letters w. N. B.
were made after the bank books had been
examined by tho expert. In reference to
tho drafts witness depo:ed he had a dis.
tinct recollection regarding them. They
were given to him by Thomas S. Clark.
They were put in the bank and when they
came back were paid by witness.
ono draft was on Mr.. Bowmaster, OF
Booker, S. c., who is in The U. 5. Navy.
La rofercn CO to the Anderson assignment
witness corroboratet 'Magee. Mover had
anv knowledge of the letter written to An
lerson by Boggs District Attorney. At the
time Boggs consulted you about the short
age did you tell how it came aboutY