Evening journal., 1898-06-09
A NOLLE PROSEQUI.
Attorney Biggs Argues for a
Bill of Particulars.
CHECKS MUST BE DESCRIBED


CASE OF SENATOR KENNEY-HE
MAY ALSO HAVE SEVERAL SEN
ATORS TO ASSIST NrESSRs. BIRD
AND GRAY.
Argument on the demuwers filed by
John Biggs, counsel for Thomas s.
Clark, charged with aiding and albeit
ting William N. Boggs in wilfuliy mis-
applying the funds of the First Ma
tional Bank of Dover for mis- own use,
was heard in the United States District
Court this morning. United States
District Attorney Vandegrift opened the
argument by entering nOlle prusequi |
in the following counts named in the
Indictment: The first thirteen, forteun,
forty-first and forty-second. The first |
thirteen counts charged Clark with |
conspiracy. The same charge prefer
red against Colonel Coopsr but which
was subsequently dropped. The counts
eighth, fourteenth and twentieth were
nolle prosecuted.
Mr. Biggs then took up eleven GER
tain checks, seven of which he said
were barred by the statutes of limit
tation. The other four, two of which
called for $3.50. and The remaining two,
which called for $50 each. did not state
that Clark gave his check to the
First National Bank OF Dover and paid
by Boggs, on February IA and 90 with
out date to payee.
, Mr.. Biggs entered objections to No.
20, sc and 4S, and asked for a bin OF
, particulars, as the counts did not speci-
hcally set out the charges against the
defendant. He also asked for a bill Of
particulars in the counts Nos. Is, 21,
, rs, 80 and Al. These counts do not
say on which date the checks were
3 paid nor to payee.
Mr.. Biggs cited authorities support
}, ing his plea for a bill Of particulars
and said that when a man is arraign-
:, ed at bar Of Justice he is innocent
} until proved guilty. He said that in or
o der to put up proper defence he mus,
@ have a better description Of the two s5(
checks alleged to have been given by
h Clark to Cuthbert & Co. Mr. Bigg
presented an affidavit sworn TO b.
% Clark before Wilbur L. Sasse, a no
lie tary public, which stated that Clarl
t. had no knowledge Of the two check
IA ,,,, "a H., f1,a fr5f cfr, arf, o.. ,,r-tsfs
al by the district attorney. The prosecu
1e tion has asked the defence to produc
m the checks, but Mr.. Biggs said that h
le did not have the checks. His ellen
lie did not have them, and If the govern
TO ment desires TO have the checks, /
TO must set forth the date on which Bogg
K paid Clark.
n Mr.. Biggs claimed in his argumen
It, that the government had not rightfuH
10 named the charge against Clark II
It's said that be did not know what Oh.
v client was charged with, nor did Clarl
We The counts nolle prosecuted in th
IN indictment refer to conspiracy wit
Boggs for the embezzlement of fund
for THE use Of Clark The counts r.
manning refer to aiding Boggs to witt
hold and misapply funds.
rs Mr.. Biggs argued for three hour
Ar and when ne closed Mr.. Yandegd
TT made answer, and said that Mr.. Bigg
,o contention regarding the demanding
!. bin of particulars TO show clearly IA
~, description OF the checks, demanded I
or the government, was not the questio
"a, Mr.. Vandegrift argued that the defen
= had The named checks in their posse
~ sion, and should the defence not pr
a, duce THE checks, then they would,
- the trial, go in as secondary evidenC
oo Mr.. Vandegrift cited authorities in su
port of his argument against giving
-. bill Of particulars.
a. Mr. Biggs followed Mr.. Vandegr
in a vigorous speech on his request T
rr,a a bill Of particulars. Judge Bradfo
oa reserved decision.
will SENATOR KENNEY'S CASE.
When United States Senator .Kenn
will is put on trial in the Circuit Court
A. the United States, this district, the
$50 will be two judges on the bench.
trs is not known now what judge will {
airy sist Judge Bradford in the case, but
leld all probability it will be Judge Dali
ned Of Philadelphia. 1t was said this mo-
ing that a number Of United Sta
senators who are personal friends
gton Senator Kennlsy have offered their S
tail vices to defend him in the case. Shc'
low the senator decided not to accept OF
JUS counsel than Levi c. Bird and Sena
/. II. Gray the hearing will he attended
w. a number of senotors. It was also
ates, mored about the Federal building d
GERS. a commitUee OF senators would be
be pointed by the Senate to attend
case. The rlmor could not be verif