Evening star. [volume] (Washington, D.C.) 1854-1972, 1898-02-08
K EN- N EDY TRIAL
Continuation Of Case Against Dealer
in Coal.
TEE EVIDENCE SUBMITTED TODAY
The Defendant Testifies in His Own
Behalf.
INSTRUCTIONS ASKED FOR

INSTRUCTIONS ASKED FOR
The trial of John Kennedy, charged with
delivering short-weight coal to thu Dis
| trict government, which was begun yes
terday afternoon before Judge Scott and
| a jury, stated in The Star of last even
ing, was resumed this morning at IL
| o'clock.
Mr.. ]. S. Shearer. janitor of the Tyler
| School, said that, stated in the ctrtifi-
Gates furnished by Mr.. Kennedy, the lat
| ter delivered forty tons of coal to that
| school during August, at which time there
were six tons on hand. On October %, Mr..
Miller, who had been sent by The Commits
| sicners to weigh the coal then remaining,
| did so. but he did not know the result.
On cross-examination by Judge Wilson,
Mr. Shearer said he kept an account of the
number of wheelbarrows Of coal delivered
| by Mr.. Kennedy, but did not weigh any of
| them.
assistant sealer of weights ami measures,
| said a report was made to him by Mr..
Shearer of the number of wheelbarrows Of
| ccal used at the school from the time the
session began until October 2s. He then,
| he said, reweighed the coal left and found
| that it was about thirteen or fourteen tens
short
Upon cross-examination Mr.. Miller said
he had no means of knowing how much
coal had been actually used al the school
previous to his weighing the remainder, ex-
cept by taking the weight of one barrow
load, and multiplying that by the number
of loads which Mr.. Shearer said he had
used.
Mr.. Muowney offered to prove by a Mr.
Sullivan that Mr.. Kennedy eight years ago
had rope attached to his coal scales by
which signal lad
and the scales made to represent a greater
weight OF coal than was actually on them.
Judge Scott ruled that evidence of that sort
would not be admissible on the ground that
1t was too remote.
Test of the Scales.
j. d. Miller, acting assistant sealer Of
weights and measures, said he tested Mr.
kennedys scales January 10 and found
that they were six pou, DIS in excess in
1000 pounds
On cross-examination Mr. Miller .aid he
tested Mr.. Kennedy's scales December =
ana they were precisely as they were Jan
tary TO- Coal scales We're, he said, liza BILE
10 get out OF order at almost any moment
and the result be that the dealer would
give either more or less than the required
weight for ton. He further stated that
Mr.. Kennedy had requested him 10 stop
fis drivers and test lis carts anywhere
and whenever Mr.. Miller felt disp5sed TO
do so in order that it might be seen nv
witness whether or not short weight was
being given.
W. II. Nermillion, assistant building in
spector, who went on the stand after the
close of The Stars report Yesterday was
recalled and stated that about eighty tons
or ccal are used each year in the TYLER
building In his evidence yesterday Mr..
Vermlilfon related In detail the manner
of checking up the deliveries of coal by the
contractor to the District.
Governments Case CIoses.
Mr.. Mullowny stated that he had no more
evidence to offer. and Judge Wilson asked
Judge Scott to instruct Mr.. Mullouny to
designate the count in the Information upon
which he proposed to ask a conviction of
the defendant. the informa ton charging
that Mr.. Kennedy not only did not give full
weight, but failed to furnish a proper GER
tificate
Mr.. Mullowny replied He said he would
insist that the certificate was not such as
that required by law.
Judge Sect said he would so instruct the
jury at the proper time, and Mr. Mullowny
announced that he would ask for a con-
Vlctlon on the ground that Mr. Kennedy
nad not given such certificate as the law
required, and would not press that part Of
the charge which alleged that he failed tO
give Il certificate.
MIR. Kennedy on the Stand
Mr.. Kennedy. the defendant. was called
to the stand. He explained to the iurv in
response to questions from his counsel, how
the coal was delivered to the District Mr.
Kennedy said that when he received a
requisiuon from the District government
ne turned over as many teams as he could
spare. sometimes many as fifteen or
twenty, 10 the inspector, Mr.. Howard and
told him TO go ahead. He (AIr. Kennedy
pald no lnr,her attention to the matter
Mr. Howard signing all the certificates
Mr. Kennedy kept no record, he said of
any coal Mr.. Howard weighed and was
governed entirely by Mr. Towards record
ON crCss-eSamination by Mr. Mullowny
Mr.: Kennedy admitted that he was charged
IN lS!'' with delivering load of coal which
was 30 pounds short to the Madison
School, but said this happened because in
that particular case the end board of the
cart came cut ir crossing the railroad
tracks and three or four bushels of coal
dropped out He made this up, but did not
really know whether or not the load was
short, as claimed.
AIR. Mulowny asked the defendant if he
could give as good an explanation of an
alleged shortage in the delivery of coal by
INN several years ago at the Capitol. Judge
wilson objected to the question on the
ground that the alleged Capitol incident
had nothing whatever to do with the pres
ent case and Mr. Mullowny said he would
not insist upon reply to the question.
Instructions Asked For.
At the conclusion of Mr.. kennedys tes-
timony Judge Wilson asked the court TO
Instruct the jury follows:
Il. If the jury believe from the evidence
hat the defendant had the contract for
eilVering coal; that the District furnished
N inspector: that acquisitions were made:
hat the inspector had turned over to him
ne team; that he weighed and gave the
,a'"Sfer certificate in the from fur
nished by the District of Columbia and
"hlch mad long been in use, then the de-
PENDANT cannot be convicted on this charge
and their verdict should be for the defend
ant.
-. The defendant connot be convicted
unless there was an intentional omission
on his part TO give the kind of certificate
provided for in the statute If the omis-
sion was by inadvertence. or because of a
custom or course of business that had long
prevailed, and the defendant followed that
custom or course of business in good faith
md with no intent to disregard the stat
ties or evade the provisions, the jury
should acuuit."
The Testimony Reviewed.
Mr.. Wilson reviewed the evidence at
aDofh and clairned that Mr. Lapp.1,, h,a