Evening journal., 1898-07-14
BIRD AND BOGGS TILT
Defaulter Said He Heard. T hat
Mr.. Bird Played Faro.
HABEAS CORPUS FOR COOPER
SENATOR KENNEY'S ATTORNEYS
BRING OUT VERY IMPORTANT
CONVERSATIONS WHICH BOGGS
HAD REGARDING THE RESPON-
SIBIIITY OF CASE.

/
HAD REGARDING THE REsPON-
SIBIIITY OF CASE.
The shrewdness Of Senator Kenney,
who is being tried in the United States
Court on the charge of misapplying the
funds of the First National Bank Of
Dover, in dealings with w. n. Boggs,
will probably be the cause Of his ac-
quittal. Boggs was on the stand all of
yesterday afternoon, and the testimony
adduced was entirely in favor OF the
senator. T. Edward Ross, the expert
accountant, has also testified, as did
President Richardson, Of the bank, that
the bank has not lost a cent in the
senator's alleged overdraft. Boggs
seemed reluctant in testifying yester-
day and several times he made it clear
that Kenneys dealings with him were
entirely personal. The government
has, so far, a weak case against the
senator.
The counsel for Senator Kenney
have decided to sue cut a writ OF ha-
beas corpus for Colonel E. T. Cooper,
who is now serving a term in the
Trenton penitentiary, having been con-
victed of aiding and abetting William
N. Boggs to misapply the funds Of the
First National Bank OF Dover.
1t is understood that the purpose Of
bringing Colonel Cooper to Whining
ton is to have him testify to certain
conversations which took place be-
tween William n. Boggs and himself
while in New Castle Jail. 1t is said
j that in these conversations Boggs re-
peatedly said that Senator Kenney was
in no manner connected with the en-
bezzlement Of the bank funds.
do you know what transactions
: are represented by what are known al
the Cuthbert checks?" asked Unitet
O States District Attorney VandegTift.
"Yes; they represent transactions II
n Bay State Gas"
T. Continuing, he explained that hal
8 a dozen checks drawn by Kenney Il
favor Of .ho firm of Cuthbert & Co. rep
IS resented similar transactions and wer
II collected through the Farmers Ma
4 tional Bank of Dover, which was tn
W correspondent there Of the Philadel
phia bank in which they were de
posted.
"How did these checks come to you?
ID ''They were sent with others, pass
re ing through the same channel. w
s credited the Farmers Bank with tn
20 gross sum and charged the severa
re amounts against the individuals VIII
sy had accounts"
l. did you do this with the checks {
"A R. r. Kenney?"
v. Eyes, sir; but not always at the tim
r Sometimes his balance would not me,
SIS them"
he ''What did you do then?"
en- 81 held them till he made sufficiel
ch deposits to meet them"
ty BY the court-"But you paid them
ay "Yes, sir"
"From what funds?"
Prom money in current. use in Il
bank"
-er "But let us understand" continue
OF the judge. Where did you get tn
money!"
no "Why, carried the check as cash
eo' l withheld deposit slips so that Il
Is money coming in was used to prote
Ill the cash balance from day to day"
on The district attorney said; $50 the
las checks were paid by the First Nation
% Banlk?"
ST. Eyes, sir"
did you know if Mr.. Kenney h
funds to meet them?"
md 81 think not"
of 'Did you not charge them when tn
in were not good?"
ice. Il paid them out of the money
ac- bank"
it "From whom did the money come
he "Wen, if a check for $1,000 came
ext and there was no money l held 1t
till the account could be met"
'How could you do this?"
MI. 'There were two ways it could
G. done. could, as have said, ms
'ep- It cash, in which case it would be LA
mp to discovery by anyone who might d1
-ati, in to look at the contents Of
drawer. Any bank official might
any time discover it; or 1 could h
out deposit tickets. l did both way
ars' 'Were you authorized to do cit
my my of these things, or were you permit
Cor % to allow overdrafts?"
"No, sir. The system would W
all right if one had access to
"a drawer"
lveu ,. "Why did you do these things"
he "My relations with Senator Ken
heel were very intimate"
Had he full knowledge Of them
'Yes, sir"
.,., ''What were your relations?"
.ases HE was my counsel-my friend