The sun., 1898-06-30

ssary at Has o'clock this morning,
where he will serve a sentence OF five
years for aiding and abetting William N.
Boggs in embezzling funds of the First
National Bank of Dover.
Yesterday Clark was very busy adjust
ms his business affairs, and during the
3av, it is said, Senator Kenney, John X.
Mctionigal and others called upon him
and held a long conversation.
At the request of Clark, Sheriff Finn
xill accompany him to the penitentiary.
WANTS THE TRIAL POSTPONED.
In the United States Circuit Court yes
erday morning, with Judge Bradford on
ihe bench, United States Senator George
GRAY, counsel for United States Senator
Richard Rollins kenney, who is under
andietment for aiding and abetting Will
fam N. Boggs in the looting of the First
National Bank OF Dover, asked for con-
finuance of the trial, which had been
axed to begin next Tuesday. The absence
sf y material witness was given as the
ground of the application United States
district Attorney Lewis G. Nandegrift
strongly opposed any continuance, de-
claring that counsel had put him under
stress in the case, and he was ready and
desired to push the trial.
Accompanied by his counsel, Senator
Gray and Levi c. Bird, Senator kenney,
ahe defendant, appeared before Judge
Bradford about 1890 O'Clock.
Senator Gray asked for postpone
ment OF the case because OF the absence
af a material witness, but did not think
counsel sh oulu be required to disclose
she name of the witness or his testimony.
The Senator thought that would be a
lard condition upon the defendant who
was going TO much expense to defend
Ailnself against u charge, conviction
ander which, the speaker presumed.
Goald be worse than death.
Judge Bradford, upon examining the
papers in the Edward Murphy tilibuster-
ing case, found that there an application
Tor pOstponement mad been made in
she form OF an affidavit by the defend
ant and gave the aame of the missing
witness.
District Attorney Vandegrift, in reply
Ing to Senator Gray's application, de-
Aarad that the learned counsel was pres
enp Tuesday of last week when the Clark
iaea was being tried and insisted that the
demurrer be argued, and this case tried
tomorrow. The speaker had at that
lime set forth the demands which were
8pon him. The Clark case was finished
On Saturday, and between that and Mon
5aN, the speaker had responded to the
stress of opposing counse! and argued the
tiemurrer. He had also put in operation
she m achinery for the trial OF the case at
ske time fixed, and the subpoenas had
Seen issued for the witnesses, and the
jury had been ordered to return.
Mr.. Vandegrift continued that he was
anxious to finish these cases and get
done with them. While the kenney
sase is not the only one TO try, yet it is
abe next one which the government has
net down to try. Under the circum.
stances, therefore, he said he would
xsrenuously oppose any postponement OF
abe case, and to p stpone it until October
would seriously embarrass the govern.
Ment.
Judge Bradford intinated that a con
sinnance could scarcely be granted Longer
ahan until September, on account o
saher court business coming up.
Dir. Vandegrift remarked that hi
5hp,,yht counsel had been insstent bn
NE had responded and now desired t'
20 on.
Senator Gray, in again addressing the
so,Tt said they were not dealing with the
Dnvenience or comfort of counsel, bu,
were dealing with the essential rights o.
shp defendant, and declared it as his
opinion that upon the presentation Of ;
proper affidavit they would be entitled
10 continuance until the next term o.
Circuit Court, which will meet in Octo
her The Senator added that the cond
sions of he case upon which they wert
willing and anxious to 60 to trial re-
main the ,ame, but this testimony whicl
ahey now believe to be important has
come to them since that time. He haC
NOT known of tha existence of the wit
aeEs before.
Judge Bradford desired some time IL
consider as to how far the allidavi
should 60 and to what extent a post
ponemtnt might be granted, and said nt
would be prepared to give his decision
sDmorrrW.
Mr. Nandegriit drew the judges atten
siG&t to the iact that several other case
are "n the docket, which must be dis
p,sed of as soon as possible.
III reply t"a question from Mr. Birt
n 10 whether he could give ii decision
9his afternoon, Judge Bradford replied
81 think can say now that ii a prope
application is made there will be som.
paetpOnement.
In the matter Of the kenn"y and But
hey aemurrers the decision will not b,
,jyen for two or three days. The Butle
sa,Inurrer was not argued. but the rea
sons advanced in the kennev demurre
generally apply to both and upon agree
Hent, the decision will apply as to both
Alter court Senator Kenney, 'Adjutan
General Hart, Senator Gray and Levi {
Bird had a conference at the office Of tn
hitter.
A. Eden Hall. on July 9th, De!awar
9aNtcTave. No. 430, |. O. H., will cele