The sun., 1898-12-11

lxe0 Dill before answering tulb qucssioii
and finally said that he didn't know
what specific Indebtedness there was
from Boggs to himself in regard to Cot
ter, but was inclined to think it was for
draw ing up the title to farm.
"All the time you were counsel Tor W.
N. Boggs, you met him every day. you
loaned him checks according to your
statement for his use, you knew he was
gambler, you knew that in 1894 he had
told you he was a defaulter, and yet all
this time you did not say q word to him
regarding bis defalcation"' "Not one
word, eir."
"Did YOU ever tell the president or the
cashier of the First National Bank that
W. N. Boggs was a defaulter?" Never" "
"You saw the chashier constantly and
the president frequently, did you not"'
eyes, sir" "And did you never open
your mouth to them, about this man
Boggs' gamblingT' Never"
Mr.. Vandegrift then asked Mr.. kenney
to look at the $500 Cuthbert check.
Ibid you draw that check" That is
my signature, sir" why was that
check drawn in Philadelphia" II
don't know" at was drawn in Phila-
delphia on the check book OF E. B. Cuth-
bert & Co., was it not?'' eyes, sir"
"Well, did you give two checks for
$500 on the same dayT' don't know
"Did you know what Boggs wanted
with the Anderson checks agcregating
81 ,255 which you loaned hin?" "He
wanted to transmit to William Anderson
some money"
"Why did not Boggs give his own
check in payment to Anderson?" HE
said he didn't want the bank to see it. !"
"Why did he not want the bank to
see it?" 81 don't know"
"In the Harry J. Ford bond did not
Mr.. Ford make an objection to paying it
on account of the specification of the
date?" II don't know"
Didn't you say to Boggs that Ford
would not sign the bond on that ac-
count?' II don't remember having said
So"
At this point in the cross-examination
the Court suggested that E. 7. Cooper be
brought into Court to testify in order
that he might be taken back to Trenton,
N. j., last night and not have to be kept
in this city over Sunday. Mr.. Vande-
grift bowed to the desire of the Court,
but he stated that it was not pleasant to
have his cross-examination broken into
in that manner and he hoped that the
Court would appreciate what it meant to
be compelled to suspend the cross-ex-
animation OF witness.
Mr.. Bird retorted that 'the learned
counsel should not be so disageeable but
confer this favor pleasantly" The district
attorney, whom it was evident was not
pleased with having to suspend the ex-
animation OF Mr.. Kenney, SAID that he
was sure in his mind that Mr.. Bird
would not like to be interrupted in a
like manner.
However Mr.. Vandegrift acknow-
lodged the desire OF the court and Judge
Bradford instructed the United States
marshal to bring in E. 1. Cooper.
Colonel Cooper was placed on the
stand and examined by Mr.. Bird. "Do
you know William N. Boggs?' "Yes
sir" replied Mr.. Cooper.
"Did w. N. Boggs in the spring OF 1897
at Dover and shortly before he fled, in
conversation with you, say that Mr..
Kenney the petitioner in this writ OF
habeous corpus had overdrawn his ac.
count at the First National Bank but
was then square with the bank?' He
did,
"Did Boggs at the same time and on
the same occasion say that Kenney
(meaning General Kenney) was in no.
wise responsible for the trouble at the
bank?" "He did"
TN the spring of 1897 at Dover or
elsewhere did W. N. Boggs state to you
that if Mr.. Kenney was responsible in
any way for the trouble that he (Boggs J
would not feel like sparlng him on ac-
count of the incident on returning day
at Dover?' "He said that to me at New
Castle"
Mr.. Nandegrift said he had no ques-
tions to ask Cooper and Judge Bradford
then returned Cooper to the custody of
the marshal with instructions that he
be taken forthwith to Trenton and de-
livered to the keeper of Trenton prison.
At this juncture Levi G. Bird said he
had a witness, one Joseph w. HAZEL, a
Maryland lawyer, whom he desired to
place on the stand as Mr.. Hazel had a
case in the Maryland courts on Monday
and would like to testify at once. The
District Attorney arose and said that
this request was unfair. That he had
suspended his cross. examination of Mr..
Kenney to allow Colonel Cooper to tes.
tify but that he was not willing to sus.
pend further. Mr.. Bird sarcasticaly
remarked that "if the District Attorney
wants to be discourteous to lis we will
not ask for this privilege"
Immediately Mr.. Vandegriit stated tc
the court that if the opposing counsel
had any idea that his refusal to allow
Mr.. HAZEL to testify at that time were
discourtesy then Mr.. HAZEL should tes
tify. The District Attorney was hurt by
the ad vantage taken by Mr.. Bird.
The testimony Of Mr.. HAZEL was tt
contradict Boggs' statement that he
(Boggs) had not played cards for money
prior to lS95 Hazelps apparently fault
, less memory caused considerable mirtf
and the courts gavel was brought into
, play to maintain order among the spec
/ tators and the members of the bar.
-, ''Did you ever, Mr.. HAZEL, know
William N. Boggs to play cards TO
money previous to 1852 asked Mr.
Bird. "Yes, sir, distinctly remembe
e having seen him play poker in January
n February and March of 1881"
n 'Where did you see him playing?'