Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1898-12-08
|NNEYS SECOND TRIAL
Alleged Completely in the First
htlonal Bank. Dover, Defalcations
! DRAWING OF TIE TRIAL JURY
Comprises Seven Democrats
hand Five Republicans.
BY TO BEGIN ON THE TESTIMONY

he trial of United States Senator
|ney, charged with aiding and abet-
William N. Boggs, who distracted
600 from the First National Bank
|Dover and oonspiring with him. to
Iate a law of tho United States, was
hun in the United States Circuit
brit on Monday at 11.30 o'clock.
en the roll OF jurors was called all
hvered to their names except Frank
npbell of Dagsboro hundred, who
returned non est.
bout half an hour was required in
wing the jury, which was finally
cted as follows: John Galloway of
. le Creek hundred, Sussex county,
nan: George Reynolds, Cedar
ek: Richard T. Pilling, Mill Greek;
lfew Il. Thomas, Cedar Creek; Will
b G. Bryan, Wilmington; Davis
Is. Kenton James III. Price, Will
hgton; James Hossinger, White Clay
$ek; Frank R. Carswell, Whining
Samuel III. Baynard, Wilmington !.
nuel e. Matthews, Gumboro.; Will
n j. Cannon, Seaford.
The government challenged Samuel
nstrong and Edwin Is. Downes of
tn Murderkill hundred, and John D.
lehan of Mispilion hundred, while
|hiel P. Barnard and Wilmer }. Eli
of this city and Cornelius p. Swain
Northwest Fork hundred were chal-
ged by the defence.
even of the Jurors are understood to
Democrats and five Republicans.
ghen court opened the room was
fd with jurors, witnesses attorneys
others having business there.
brtly before the opening Senator
brey entered and took his seat at
table in front OF the jury box. He
accompanied by his counsel, John
les and Levi G. Bird, and his pri
secretary, Adiutant-G General Gar
j. Hart. Alexander M. DAILY of
Ter was also present to assist the
rneys for the defence. District At
hey Vaudegrift looked after the in
lists of the government.
efore entering upon the trial the
1t handed down an order consolidat-
the two indictments against Senas
Ikenney, one of which charges him
aiding and abetting William N.
Us to abstract funds from the bank
the other charging him with con-
Ing with Boggs to commit an offence
pst the United States. Judge
lford said he had misunderl
before. He had never ruled that
Iig and abetting counts could not
56ined with conspiracy counts be-
i they were violations of different
|oki0ps of the Revised Statutes Of the
|hitn States. In tho first trial of the
*e against Senator Kenny he had
that the aiding and abetting
fts could not be Joined with the
piracy counts ON other grounds, the
Atirrers setting forth nine grounds;
INST one count the defence demurred
three grounds. Referring to the
ent case, he said counsel on both
|ll& had asked that the aiding and
bt1ting and conspiracy indictments
n ]5ined, and as it was proper that
hay should be, in order to save time
|1d Expense, it was SO decreed by the
HURT. With this decision the trial
4oceeded on the consolidated indict.
ITS.
)istrict Attorney Vandegrift, in pre-.
Ming the case to the jury, stated thai
defendant was to be tried ON tive
kctments, as mentioned above. Ii
first indictment, he said, which
No. A of the April term, the counts
aiming are Nos. 10, IL, II, 13, II anc
In that indictment count No. II
bred to 5000 check, which tn,
ernment expects to prove was drawr
the defendant in favor of William
Boggs. The 11th also refers to tn,
b check The 18th refers to severa
cks, the aggregate of which is 81
which were drawn by the de
liant in favor of William Andersen
William Anderson Il CO., of Phila
phia, for the benefit of William N
Eggs. The 18th count refers to
ck for 81, $50, drawn in favor o
nuel L. Shaw, by the defendant
ich went for the benefit of William
Boggs. All of those checks, Mr.
hdegrift alleged, were lost to tn
k. III
continuing, he said the 18th coun
prs to check for $500 which tn
Eernment will show that the de
dant drew upon the bank for hi
b benefit and use, and that h
ained the use of the money. |
eventually paid back by the de
dant. Count No. Is includes
nber of checks, aggregating So, SOC
ich were drawn for the benefit an
of the defendant. The money, b
tged, was used a considerable lengt
time, hut was subsequently pal
fk. IL was used, he said, withou
knowledge or consent of the prope
cials of the bank.
lr. Vandegrift read one of the count
the original indictment, simply
pw the jurors the form, after whic
explained the second indictment
ind at the June term, alleging ths
nator Kenney had conspired wit
liam N. Boggs, the then teller.
nmit an offence against the govern
INT, referring TO the counts outline
low. He said those checks were
ided, and there were also otht
ecks, which would be found in I'll
iictment. Two he said, were Il
" and there was long list of other
MIR. Vandegrift, in addressing IL
ry, said the government would sho
ut the defendant had used the bank
pney to tide him over difiicultie
ping enabled to do so by an arrahg,
ent with William N. Boggs, the the
Her, who would pay Mr.. Kenney
ecks out of the funds Of the banl
hile it is true, he said, that mon,
taken out was paid back, Kennt
id tho use of it for long or sho
,riod; The money drawn for the ben
o. bosgs, however, was never pa
Mr., Vandegrift expressed the bell
lat the government would be able
rove the truth Of the allegations al
so he would ask for conviction. I
as about to call witness to II
ahd' but had not time, as it was