The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1898-07-19


Gives Interesting Testimony.
Wilmington, Del, July 1s.-In the
United states district court today in
the trial of United states Senator Ken
ney. Judge Bradford announced his de-
cision in the application made by the
defence for writ Of habeas corpus to
require the appearance of Ezekiel Il.
Cooper, now in the Trenton, N. j., peni-
tentiary, as a result of the Boggs de-
falcations, to give testimony. The court
in granting the application and making
the writ returnable tomorrow at 10
o'clock, said that he was In doubt
about the authority of the Circuit court
of this district to issue writ for
prisoner in the Trenton prison, and
that he was not certain that Mr.. Cooper
was competent. In view of a doubt,
however, he would give Senator Ken
ney the advantage of 1t and would is
sue the writ.
The defense then resumed its exam
ination of witnesses. Amos Cole, who
obtained $500 from Boggs on a letter
from Senator Kenney testified in ref
erence to that transaction, but nothing
important developed. william Ander-
son. the Philadelphia builder. was eX-
amined regarding the receipt by him
OF Senator Kenney's checks as pay
ment for BoGgs' business dealings with
him. He said he did not know of Ken
ney in the building transaction and
had no idea at the time he executed
the contract that the senator's checks
would be given.
The defense here rested it's case pend
ing the examination of Ezekiel T.
Cooper upon his arrival from Trenton
tomorrow. BY agreement the govern
ment began testimony in rebuttal.
BOGGs ON THE STAND.
William N. Boggs was called and
testified to discrepancies in the state
ment of Senator Kenney as to Boggs'
resources in 1896. Considerable time
was taken up with testimony as to the
witness loss on Bay State gas in their
mutual dealings. Senator Kenney had
stated it was 81 1,407. Boggs denied this
and said it was s4O7. He said that the
$1,000 had nothing to do with their
mutual dealings in Bay State A
struggle followed between counsel as
to what the 81 900 did represent, but
the court held it improper testimony in
rebuttal. Recess until 2.45 o'clock.
After recess Judge Bradford stated
that on further reelection he had come
to the conclusion that the admission
of testimony as to what the $1,000 rep
resented was proper and he, therefore.
withdrew his adverse ruling and al"
lowed Boggs to state his answer to
district attorneys question. The wit
ness said the $1,000 was a deposit he
had made to Senator Kenney's account
and was a result of it being neces-
sary to show funds for the senator's
checks which he had been withhold
ing. A draft which had been deposited
to the senator's account he said. had
come back protested and it became
necessary to use $1,000 TO balance the
accounts properly. The $1,000 he said,
was afterward repaid.
Referring to the testimony of SEN
ator Kenney concerning Bay State gas
speculation Boggs denied that he sug-
gested to Mr.. Kenney the advantages
he might derive from purchasing that
stock. In another portion of the de-
fendant's examination in chief the
statement was made that during the
greater part of July and August 1896,
Mr.. Kenney was absent from Dover.
District Attorney Vandergrift asked
Boggs if this was true. Boggs replied
that the senator was in Dover on an
average of five days out of six and in
that time made number OF deposits
at the bank A number of deposit slips
were introduced by the government
tending to lend strength to Boggs' re-
buttal testimony on this point. Coun.
sci for the defendant admitted the
slips were made out by Senator Ken.
ney buta stated that they might have
been mailed.
Bosgs contradicted Mr.. Kenney's tes.
timony in a number of minor particu'
lars and there were frequent passages
between counsel relative to the ask
ing of certain questions.
SHERIFF DOWNES' TESTIMONY.
Deputy Sheriff Downes was called ir
rebuttal by the government and was
asked concerning the $50 check giver
by Senator Kenney in Boggs' farm
transaction. Senator Kenney had said
that he had no recollection of giving the
check, but presumed that he did anc
that he gave simply to secure the pur,
chase until final settlement by Boggs
Mr.. Downes said that the check wa:
not given to secure the purchase, bu
as he understood 1t, Senator Kenney':
check was the final payment
j. II. Bateman, formerly cashier o
the bank, was called and asked If an!
order had ever been issued by him il
reference TO overdrafts by Senate
Eenney A long aCd earnest argumen
followed between counsel over the pro
priety OF the question. Judge Brad
ford admitted it, Mr.. Bateman stateC
that he had issued special orders t
Boggs not to allow overdrafts in tn
accounts of Mr. Kenney and others
When pressed for his reasons for issu
ing the order the witness said that MI
Kenney seemed to show a disposition
TO use the funds of the bank some
what too freely. An effort was mad
by the district attorney to have hin
name the others he had in mind whel
he gave Boggs such an order, but thi
was overrued.
Court then adjourned until tomorrow
when Ezekiel T. Cooper,wh will mean
while have been brought from Trento
pententiary. will be examined briefly
The commonwealth will then call
few more witnesses In rebuttal. afte
which the argument will begin.