Evening star. [volume] (Washington, D.C.) 1854-1972, 1898-02-09
Judge Scott Decides Points in Ken
needy Trial.
Case Is SUBMITTED TO TIE JURY
Arguments of Counsel on Matter
of Weight Certificates.
WAITING FOR THE VERDICT


er. who has been on trial before Judge
Scott and jury for two days, on the
charge of failing to give proper certificate
for coal delivered by him to the Distric
government, was resumed this morning
As will be remembered by the readers OF
The Star, Mr.. Kennedy, when the hearing
of the case was begun. was also charged
with giving short weight to the District,
but Mr.. Mullowny decided, after consider
able testimony had been taken, to nolle
pros this charge and demand conviction
on the count alleging that the defendant
had failed to give the District a proper GER
tificate for the coal in question.
Mr.. Kennedy was recalled to the stand
by Judge Wilson to identify certificates
such as are used in delivering coal to pri-
waite customers and to the government. re-
spectively. Mr.. Kennedy said if he used
any other form of certificate in the delivery
of coal to the government than that pre-
scribed as necessary he would get no pay
for the coal furnished: that the government
did not recognize any certificate with his
tkennedys) name signed to 1t. Judge Will
son then exhibited to the jury form of
certificate such is prescribed by the In
TERROR Department.
The Judge Rules.
Judge Scott read his rulings on the pray
ers offered yesterday by counsel for de-
Tense, refusing all except as follows:
THE ground of complaint in this informa-
ton is the alleged failure and neglect Of the
defendant to deliver to the person in charge
Of the wagon used in delivering the coal
mentioned in the first count of the informa-
ton certificate signed by the defendant
showing the weight of the coal purporting
to be delivered, and other facts, as required
by section II of the act of March 9 1895
III the jury find from all the evidence in
the case that the defendant willfully or in
tentionally omitted or failed to give the
person in charge of said wagon the GER
tificate required by section IL of said act.
then they should find the defendant guilty
as charged in the information.
In determining whether the defendant
did willfully omit or fail to give the person
In charge of said wagon the said certificate
they are to consider all the evidence given
in the case. An accidental or unintentional
omission on the part of the defendant to
give said certificate would not render the
defendant guilty. and upon the question of
whether the omission was or was not will
full or intentional it is proper for the iury
TO consider the course of business hereto
fore existing pertaining to the delivery of
coal by the defendant to the District of CO.
lumbia, as well as all other evidence In the
case"
MIR. Mullowney's Address,
MIR. Mullowney then addressed the Jury,
making the argument that Mr. Kennedy
was wrong in not putting his name on the
certificate of deliveries. He stated that Mr.
Kennedy was rot an ignorant man, but
that he knew every item concerning the
coal business, and was familiar with every
mode of procedure in it, His argument was
q general one. on the point of the certificate
not being signed with Mr.. Kennedy's name,
although he brought in at times illusions
to the charge of short weight
Mr. johnson followed Mr. Mullowncy. He
stated that Mr.. Kennedy often sent out
loads from 300 to 900 pounds in excess of a
ton. He Strengthened out the matter of the
special contrivance" in the front of the
wagons. showing that it was but one OF
the compartments in the wagon under the
drivers seat that was designed to carry
coal when a load over a ton was desired
to be carried. He also showed the differ
ence between the two certificates, the one
used by Mr.. Kennedy in his private bus
mess and the one used in his dealings with
the District. He said that Mr.. Kennedy
closes up his accounts on the reports made
by the District inspectors of coal
Judge Wilson for Defense.
Judge Wilson next addressed the jury
He took up the two counts of the indict-
nent, going over each one carefully and
fully. He also dealt with some of the evil
dence. paying special attention to the Tyler
He recited the fact that the prosecution
had dropped the short-weight count of the
charge, and said that the case had mar
rowed down to the question of whether
Mr. Kennedy was to be held accounta BILE
for the fact that his name did not appear
en- the certificate. He said that for ten
years this is the way the certificates have
been used, with the inspectors name in
stead of the dealer. Judge Wilson closed
with an appeal not to convict his client
under the circumstances of the case.
Mr.. Mullowney closed for the prosecution
with an argument on the point of emitting
the name from the certificate, afterward
paying attention to thu box" under the
seat in the wagon, which, he said, the evil
dence showed to be loaded with coal at the
yards and not unloaded at the school. II.
said that Mr.. Kennedy had neglected to
put his name on the certificate so that in
case he might wish to deal in short weight
coal he could not be held, because the Ger
tificate would not be authentic. He said he
wanted a conviction in order to deter other
coal dealers Of the community from en-
gaging in the criminal practice of deliver
ing short-weight coal and neglecting to
sign the certificate in order that he NAV
not be held under ii.