The sun., 1898-12-13
KENN[YF|GHTSFOR EVIDENCE
Continued From Page One.

made the alleged statement and no OF
could refute it except Boggs.
As Mr.. Vandegrift had not had an o.
pOrtunity to consult the authorities cite
Oy Mr.. Bird the Court discharged Il
jury until 2.30 o'clock, at which time al
gument was to be resumed.
! After the recess lasting one hour and
half District Attorney Vandegrft agai
presented argument against the admis
sion OF the testimony OF Rodney an
Hunter. Mr.. Vandegrift cited from Sc,
eral decisions of the United States Su
preme Court in which that body hel,
such testimony to be incompent and in
admissible. He also showed exception
to the cases cited by Mr.. Bird. Afte
another argument by Mr.. Bird til,
matter was left to the Court.
Judge Bradford after consulting tn,
authorities cited rendered decision
overruling the questions which the de-
iense desired to ask Mr.. Rodney and Mr.
Hunter.
The Court commented on the diversity
OF judiciary opinions and remarked that
it would like to have given more time to
their consideration, but Jury trials should
not be delayed indefinitely.
Continuing Judge Bradford said that
the argument of the defense rested upon
first, that the evidence was part of the
res gestis, secondly, that it was one Of
those cases in which what would other
wise be hearsay evidence might be used
to enliven the recollection of the witness:
and thirdly, that the proposed t. testimony
was admissible in order to do away
with any suspicion of fabrication on
the part OF Brockson to make false state
ments on the stand in relation to anv
reference to Kenney.
The Court did not consider the pro-
posed evidence part OF the res gestis. "a
mere narrative is not admissible. Testi.
m'ny is not admissible if it amounts to
mere narrative of past occurrence.
This court being United States
Circuit Court said Judge Bradford,
must follow the decisions OF the Su-
preme Court of the United States"
The Court said that the proposed evil
dence, as supported by the opinions of
the Supreme Court would be untirm, un-
satisfactory and exceedingly weak. The
evidence is not admissible to confirm his
testimony for it is relative to his mere
declaration. Testimony under oath is
better than confirmatory testimony of
his declaration. A witness impeached
cannot be corroborated by other wit
nesses relative to his declaration.
II have read the three Supreme Court
decisions laid before me-" said Judge
Bradford, "and at the noon recess looked
up ten others. They bind this Court
like wise. Another view strikes the
Court very strongly. 1t is this, that door
should not be unnecessarily opened for
he wholesale admission Of hearsav evil
dence in civil or criminal cases, there.
tore consider the questions inadmissa-
ole and rule them out"
The defense then continued. bv copr.
esy OF Mr.. Vandegrift, and Judge James
Pennewill, of the Superior Court, who
vas counsel for the Farmers Bank at
ne time of the First National Bank de.
alcatlon, was called to the stand.
Judge Pennewill identified the 5000
heck which Kenney had testified he
ook to Mr.. Penhewill shortly after the
ieialcatlon and to him explained its ex.
stence.
Did Mr.. Kenney show you the check {
ne first time you saw it?' asked Mr..
'lggs. That was the first time | saw
!" replied Judge Pennewill.
"How long after Boggs' flight was q
hat?' "a very few days. Mr.. Kennev
anne to my office with the check and s
eelng 1t had connection with the bank a
flair =! suggested to Mr.. Kenney that =,
lr. Richardson and Mr.. Ridgely, presi- y
ents OF the First National Bank and the a
armers' Bank, respectively, be called n
l.. There was no objection to the h
resence OF those two gentlemen by Mr.. h
Mr.. Biggs then asked Judge Pennewill " ""
hat was said on that occasion by Mr.. =
enney. District Attorney Vandegrift
olected to that question, saying that
enney in that statement could have to
!mself manufactured evidence. Mr. es
lggs Immediately withdrew the oues. vt
on without any argument.
Mr.. Citizens, of Philadelphia, in whose
essence, the defense had claimed, Ex-
'rt Ross congratulated a Juror in the "
st kenney trial, was present. He did 10
1t go on the stand, as Mr. Bird declared =
at the de1ense had admitted an error A
"a a mistake in asking Ross the ques. y
IN. 49,
Harry +. Brockson then took the
md, and Mr.. Vandegrift proceeded n,
til his cross.examination. Brockson ~. -.
a bartender at the Gilpin House in "' "
" Castle. He previously tended bar as as
Dover, Middletown and in this citv. Cd
You recollect, do you not, Mr.. Brocx- ss, ss
\, when you were subppnaed on the W
St kenney trialT' "Yes, SIR" -
do you remember meeting, the next
y, at the corner Of Fourth and Market
eets, in this city, Mr.. James F. Nc.
Or, a newspaper reporter" "Yes, sir"
DO you recollect McIvor having said
you Harry, did Boggs say to YOU
out kenney what Mr.. Bird asked Won
'terday,' and that you replied, No.
ggs said, d-m it know more about u
nney's affairs than all his friends
en- Mr.. Brockson did you reply to Mr.,
lyor, Tam sorry l said anything :
I am positive I didn't say that or !
rds to the effect" II
William Anderson who had the con. ld
ct to build the honaao m poI.,o "