Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1898-12-15


minutes, Mr.. Vandegrift questioning
him concerning some minor details.
He was re-examined by Mr. Biggs, but
merely reiterated what he had said in
his direct testimony, nothing new de-
veloping.
4 Harry E. Brockson, upon being called
to tho stand by counsel for the defence,
testified, in reply to questions asked !
by Mr.. Bird, that Boggs said to him, |
in the parlor of the jail at New Castle. |
on the Sunday after the conviction Of |;
Thomas S. Clark, in speaking of Ken
ney: ssThe - L. - don't |
speak to me. I'll take care OF him and |
show him the road" Mr.. Bird asked |
Brockson when he first repeated the |
remark. Mr.. Vandegrift objected.
Mr.. Bird made a strong. plea to hayo,
the testimony go in evidence and called
into the room John H. Rodney and W.
j. Hunter to whom he said Brockson
repeated the remark. They did not
have an opportunity to testify. MIR.
Bird said he would like to cite author
ity, but there was not sufficient time
and court adjourned until 1913 O'Clock
Monday morning.
Before proceeding with the testimony
Monday, Levi g. Bird of counsel for
the defence. cited authorities in sup
port of his claim that Harry Il. Brock
son, who was on the stand on Satur-
day, should be allowed to testify that
he had repeated to John ii. Rodney
and William }. Hunter the statement
he alleged William n. Boggs had made
| to him concerning kenney.
Court opened shortly after 1870
| o'clock and Mr.. Bird occupied the at
! tention of the judge for nearly two
! hours, after which District Attorney
| Vandegrift addressed the court in OPP
position to the admission Of such testi-
mony, holding that it would be hear
\ say evidence and not proper. He con-
tended that il such evidence should be
| allowed to go in it would be possible
| for u witness, in anticipation of a
future trial, might make false state
ments to others in order that he might
he bolstercd up at the trial. He called
attention to the fact that nobody was
present hut Boggs and Brockson at the
| time Brockson alleged Boggs made the
statement and therefore there was
nobody to refute anything he might
say TRANSFERRED there except Boggs.
The latter had been warned, Mr.. Van
degrift said, and that very fact inn
4 pressed upon Boggs' mind what did
transpire when no was talking to
Brockson. Mr.. Vandegrift also cited
authorities in support of his conten-
ton that the evidence should not be
admitted.
The Judge announced that he would
not give a decision at once, and a re-
cess was taken until $50 p. m. In
discharging the jury until that time,
the Judge informed Mr.. Vandegrift
that he would be permitted to continue
the argument at the afternoon session,
not having had time to look up some
authorities which he desired to consult.
Immediately after theopening OF
court District Attorney Lewis G..
Vandegrift cited authorities to sustain
his content on that it would not be
. proper to admit as evidence what it
was alleged Harry E. Brockson had told
J. William j. Hunter and John II. Rod
ney relative to a conversation with
William N. Boggs, at New Castle Jail.
Mr.. Vandegrift held that the admission
of such testimony would be against the
! rule prohibiting hearsay evidence.
Mr.. Bird followed Mr.. Vandegrtt and
/! spoke at length, the argument being
4 concluded at 3. 40 O'Clock, more than an
, hour being consumed, in addition tc
: the entire morning. The court ruled
t that the testimony was inadmlssible.
4 The Judge pointed out to counse
I the fact that no matter how much the
! court might desire to decide point
{ one way rather than another, being Q
r district court, it was bound by the de
cisions of the Supreme Court and hat
, no option in the matter. He quoted
authority to show that, as II genera
thing, evidence was not admissible tt
confirm the testimony of q witness
!, He read from three decisions Of thu
= Supreme Court of the United States
= The judge held that door should no
q be unnecessarily opened for the whole
J, sale admission Of hearsay evidence ant
!, when he made his ruling counsel TO
4 the defence noted an exception.
y Judge James Pennewill of the Stat
= courts, who was counsel for the FRS
National Bank of lover at the time 0
4 Boggs' flight, was called by the defenc
y to testify concerning the 5000 Cuth
y bert check which Kenney had testitie,
- that ne had shown to Mr.. Pennewil
:. and President Richardson of the BAN
= and made IN explanation concerning it
: In Kenney's testimony he said he gay
> The check to Boggs, who represented t
> him that it was for the account of d
T. Cooper, Cuthbert N Go. havin
=. tdllBd ullIl vi ~ olt'Sh tlbIs
~ action, and that Cooper, who was away
=, would be in Dover when tine check NJ
= rived and would take care of it.
u In renly to Mr.. Biggs, Judge Pcnne
"a will coyroborated what Kenney ma
J. said about showing the check to ihii
IN and Mr.. Richardson and making all ey
- PLANTATION concerning it. lilo also sal
~ it was perfectly agreeable to Mr.. ker
III ney that MIR. Richardson should b
present when the matter Was explained
in At this junctlire District Attorne
Or Vandegrift asked permission to PIT
IN upon the stand John Citizen of phila
Of delphia in order to show that 7. Et
4. ward Ross had not. so far as no knew
Mt congratulated George Giltiorsleeye,
IN Juror in the formef trial, on voting fc
~ tho acquittal of Kcnncy, counsel fe
40 the defence having asked Mr.. Ros
a. whether he had not done so in MI
II Citizens ofHce and in his presence, ht
ey when it was proposed to have MI
IN Citizen testify Mr.. Bird said the Il,
Mt fence believed that Mr.. Ross told ii
IN truth when he said he did not col
no graduate Mr.. Gildersleevo and did M
er know him, and with this assurance M
IS Citizen was discharged without bein
ey required to testify.
NJ Harry f. Brockson, bar tender at I'll
at Gilpin House. New Castle, was eros
examined by Mr.. Vandegrift. In rep
lr. to the latter, he said he had worked ;
n Middletown, Dover and the Merri
to House, in this city, before going 7
he | New. Castle. Mr.. Vandegrift asked hi
III if he had said to james Il. McIyo
u after being summoned in the form