Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1898-10-20
THE DOVER BANK. CASES
Trial of United States Senator Keuney
Fixed for Monday, December 9th.
JUDGE BRADFORD WILL SIT ALONE
Similar Cases Will Follow Inn
mediately.
CIVIL LIST CONSIDERED MEANWHILE

WltU sultllIR uHtl dDttlltl2 hlIlltil IN.
Boggs, the defaulting teller of the First
National Bank of Dover, and conspir-
ing with him to violate the laws of the
United States, is to begin in the
United States Circuit Court at IL
O'Clock Monday morning, December 9TH,
and all Of the other Dover bank cases
are TO be tried after that time, having
been postponed on Tuesday. Judge
Bradford will, in all probability, sit
alone in the Kenney case, and also in
the other cases.
OPENING OF FEDERAL COURT.
The October term of the United
States Circuit Court opened at the
Federal Building on Tuesday, Judge
Bradford presiding, and Immediately
after the roll of jurors had been called,
the judge fixed Monday morning, De
cember 9TH, at 1l.30 o'clock, as the
time for beginning the Kenney trial.
The judge at first announced that he.
would fix Tuesday, December 9th, as
the time for beginning the trial, but at
the request of District Attorney Van
degrift, who said he desired full week
when the trial should be started, the
time was changed to Monday, December
9th.
Judge Bradford stated that neither
Judge Acheson nor Judge Dallas would
be able to sit with him in the trial of
the case, on account of other engage
mentS.
At the request Of Mr.. Vandegrift,
the jurors We're discharged until Mon
day, December 9th, although in dis
charging them Judge Bradford made
the announcement that il there should
be any civil business requiring jury
hat l. IL, At,l1 -
tate to summon the Jurors to return n
week before December 9Th. All Of the
jurors responded when their names wero
called, except G. Marion Leitch, who
had been excused on account OF being
government officer; Hamilton M.
Barksdale and Thomas N. Stayton,
who had been excused on account OF
sickness, and G. Frank Campbell and
James ID. Ferguson, Levi G.. Bird,
counsel for Senator Kenney, spoke OF
the absentees, whereupon the Judge
stated that some had been temporarily
excused for good reasons, but with the
exception of Mr.. Leitch none had been
permanently excused, and Clerk Smith
was directed to notify the other absen-
tees to attend. Concerning Mr. Camp
bell, Mr.. Smith remarked after court
that he believed he was non est.
ALI. BANK CASES CONTINUED.
On motion of Mr.. Vandegrift, all of
the other bank cases were postponed
until after the Kenney case has been
disposed of. No time was fixed for any
of them, but it is thought the Cotter
case will follow Immediately, and it
will probably be followed either by the
Alice case or the one against Amos
Cole.
CIVIL LIST TAKEN Up.
After the criminal matters had been
disposed of the civil list was taken up
The case Of s. Redmond Smith against
the United States, an action for the
recovery of disallowances made by the
government, amounting to about So, 600,
which had been continued from the
June term,of 1894, was passed. The
attorneys may agree upon a time for
trial, but it is not known whether the
casa will come up at this term.
The suit Of George I. Kimble vs. the
Western Union Telegraph CO., an
action for damages alleged to have been
received from shock by wire, was also
passed The case was transferred from
the Maryland district to the district of
Delaware, and in 1897, according to
Levi G. Bird, representing the com
pany, Judge Wales made an order direct
ing that the costs in the Maryland dis
trlct be paid before the case could be
tried in this district, and in Mr.. Birds
opinion the case was off the list.
Anthony Higgins, representing the
plaintiff, thought the case was still on
the list and he and Mr.. Bird will set.
tie the question in dispute, after which
disposition will be made by the court.
The damage suit OF Louis Horn VS..
T. Blumenthal 81 CO., an action fol
damages alleged to have been sus
tanned, which was originally brought
in the State court, was passed, no time
being fixed. 1t may come up at thi.
term, but the indications are that il
will go over until the next term.
In the suit of Kent VS.. the Bay Stat,
Gas Co, ii. IL. Ward, representing
the defendant, stated that demurrer
mad been. filed and would be argued
before Judge Dallas as soon as Their,
was an opportunity. There being n,
objection on the part of l.. T.. Wales
Jr., representing the plaintiff, Mr.. Ware
was permitted to amend the demurre
by demurring to additional portion q
the Dill, and the case was continued.
The suit of Victor G.. Bloede vs. tn
Joseph Bancroft & Sons Co. was passed
but may come up at this term.
The suits of E. L. Kerwin agaips
the Sussex Bank and the First Nationa
Bank Of Seaford were also passed
They will hardly come up at this time
the probabilities being that one will b
called about the first of next May.
liz the suit of Charles III. Donoho VS.
the receivers of the Baltimore 81 Obi
Railroad Co., an action for damages
Levi O.. Bird, representing the receiy
ers, filed an affidavit made by A. X
Cowen, one Of the receivers, settin
forth his belief that If the defendan
sustained injury it was not due to nee
ligence on the part of the company
and on the strength of the affidavit
asked that security be given for costs
Mr.. Bird said he had intended to as
that the case be set for trial on Octc
her 9th, but as two material witnesse
cannot be found, he said he would nc
he in better shape then than now an
asked for u further continuance. Hi
request was granted, and it is liKel
that the case will come up in Januar,
No action was taken regarding the r,
quest that security be required fc
costs.
speoini Precautions Demanded,
Berlin, Germany, Oct. lS.~Polis
Detective Commissioner Wittmer Il,