Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1898-07-21


asked 10 testify with relation to matters
in October, 1896, and May, 1897; let me
ask you if during that time you lost
money at cardsP
Boggs--Yes, sir.
Bird-That you lost money on the
races?
Boggs-YeH. sir.
Bird-TbHt you lost money on the
Vandegrift-Does your honor think
that properY
Bird-Of course it is proper. Did
you as a matter of fact loae money on a
faro scheme?
Boggs-Yea. put up some money.
person came to me who had LOST
money for me and put me in hole,
and was going to make lot of money
and get mo out. l don't know as much
about faro as you do Ito Mr.. Birdl.
Uproar followed in the court room,
whfuh was not Immediately stopped by
Judge Bradford'H gavel. When Mr..
Bird got his breath. he remarked to
the witness: l never saw you before
until saw you in the court room
would like you to tell the Jury IL you
ever saw me at fHroY
Boggs-No, sir; but I have heard it
said.
More laughter.
II have played faro" said Mr.. Bid,
but fortunntuly, / am not on trial and
! never played with the money of a
bank.'
Continuing his examination, Mr..
Bird brought out that Boggs had lost
money on horseracing, poker, faro,
stock speculations and real estate trans
actions.
Bird-And of course, sums lost sin
these various schemes belonged to the
bank?
Boggs acauiesced.
Meanwhile, Senator Kennay, sitting
immediately behind MIR. Bird, was as
seting him in presenting the questions
in oross- examination.
Next the attorney began to lay the
grounds for contradicting the witness:
Bird - Do you know Ezekiel T.
Cooper?
Boggs-Yes, sir.
Bird-Did you say to him at Dover,
in the spring uf 1897, and shortly
before you fed, that you were short in
your account with the bank. and that
you were going away; that you said TO
him that Kepney, meaning Richard r.
Kenney, the petitioner in this writ of
habeas corpus (holding a paper) had
overdrawn his account sometime before,
but was then square with the bauk9
VandegriIt ohjecting-They cannot
produce Ezekiel T. Cooper If sum
moned as witness in this tcase. (Mr.
Cooper is in prison
The question being allowed, Boggs
replied | cannot answer without ex-
planning much you might object to.
Judge Bradford-The witness should
anawer yes or no, If ne can, and then
can explain. var
The question was repeated.
Boggs-Yes. l hays MI recollection
of those words being used, but do
recollect several conversations with
Cooper. He asked me- about Kenney's
accounts; he knew that had carried
Kennsy as had carried hims i have
no doubt did say he had made up his
overdrsfts.
Bird-Did you cay that Kenney wss
in no wise responsible for the. trouble?
Boggs-No.
Bird-Or words to that effect?
Boggs-No. nor words TO that effect.
will explain that 1 had a great many
conversations with Couper and while
never used such expressions as that. /
have said Mr.. Kenney had made an
effort to make every dollar good. The
witness said hs could not recollect
falling Cooper that if he made state
ment of tina transactions it would not
affect Kenney.
Bird-Did you, on the 9th day of
July, 1898, in this building. say to
Ezelsiel Cooper and in the presencs of
Irving D. BoRgs, that prior to 1896,
you had withheld deposits of Kenney
and had manipulated his accounts for
your own purpose?
Boggs-Yes sir. That / would like
to explain. That was said in strict
confidence. / told Mr.. Cooper that
there bad been times when I had tenn
porarily held Kenney's deposits, and
had also held out deposits of other
people for his benefit.
WitnesGsaid he did not think he had
asked Cooper not to tell of the CON
versation.
Boggs admitted saying to Cooper
that he had never taken the funds OF
the bank for Kenney and placed them
to kenney's account, and added that |
Cooper had said good many people In
Dover wondered how Kenney's account
was good and whether Boggs had made |
it good, aud to that he bad replied
that he hpd not.
Boggs denied that he ever withheld |
money given by Mrs Cronan or James |
5. Gooden for deposit As to the
GoodeD matter, he. saiu the amount |
was only $40; hs never recoliected re-
reiving it and would gladly have paid |
the money rather than have all the fuss
about il. He said hs never received |
anybody's money for deposit that did
not go into the bank.
admitting that be had said in q
ettsr to J. II. Batemap, the cashier,
that he held no one responsible but
himself, Boggs said ne referred
to other officers of the bank;
10 wrote another letter to Mr.. Bate
nan, in which he said that while there
we're uthers in it, that did not save
liin. Buggs denied saying to Ezekisl
|. Cooper that il the matter would
lffect Kenney he would not feel like
iparing him on account of the incident
N last return day at the Court House
IT Dover Boggs declared on the con-
rary that his disposition had always
,een to spare Kenney.,
He denied saying TO Harry E. Brock
ON at New Castle speaking of Kenney,
: the --- - - ----, dom speak to
ne, and I'll show him the road"
In reply to Mr.. Bird. Boggs said he
lid not intend to convey the idsa that
Jole knew he was using the banks
money.
Upon redirect examination, Boggs
aid that when he testified that Ken
icy had paid all of the checks, he did
lot refer to the Anderson or the $500