Evening journal., 1898-12-19
KeNNEY JURY COMES IN
And States to the Court That
1t is Unable to Agree.
STANDS 10 TO 2 FOR ACQUGTTAI

] wv NeN tAal'A AANAfaAA aAaNAf NAANANN
FOR INSTRUCTIONS REGARDING
THE MINORITY GIVING IN TO
THE WOULD LIKE
TO BE DISCHARGED - SENT
BACK BY THE COURT-LTTLE
CHANCE or AN AGREEMENT.
1ne jurors in the case OF United
Siates VS.. Senator Richard r. Kenney
came inSO court Saturday afternoon
and announced that they wer unable TO
reach a yerdl.c, and asked for iEsduc-
tons.
About 2.9O o'clock Judge Bradford
received word from the jurors thatthey
desired to be brought before him that
they might explain their position rela-
tive to arriving at a verdict and receive
instructions relative to the matter OF
the minority going over the side Of
the majority. Word was Immediately
sent to Senator Kenney and his attor-
neys, Messrs. Bird and Biggs, and to
District Attorney Vandegrift. Mr.,
Kenney and his legal advisers soon ar
rived at the Federal building, but Mr..
Nandegrih could not be found and it
, was nearly an hour later when he ar
rived.
Mr.. Vandegrift arrived at $3.50 o'clock
and at once proceeded to the Office OF
s. Redmond Smith. He remained there
but a few minutes, when in company
with Senator Kenney and Messrs. BIRD
and Biggs. he entered the court room
T. Judge Bradford took his seat upon
u the bench a few minuteB after the at
= torneys entered court and ordered tht
jury to be brought in At 1886 thi
\ jurors. in charge of Ballin Gallagher
fled into court, as If they had passe0
a sleepless night, and many in t1
court room came to the conclusion p
once that a verdict had been agree
e upon which was adverse to the prls
oner. After the jurOns had taken tnel
seats Clerk Smith said.
Gentlemen Of the jury. answer {
r your names; hailfff. you will coun
A them" AS each mans name was calle
!. he answered, present."
Then Judge Bradford who sat az III
extreme end OF the bench next 10 th
jury box with the written communics
y ton of The jurocT, and copy OF III
y charge before him. said: "Gentleme
y Of ,hc jury, I have Tace'val clmml
a nicBtion from you, asking whether tn
~ cou7i fas instructions 20 give you, an
4 that the court inst rutt you regardin
= The wight to be given e The views
\, to maiCr,iy in aid.ug the minority
j arr ,''.r at result in this case. W
take up the last point first Any jurC
rr~aHn of Fft11 Irrso %
n case in consultation with his fellow
I'm jurors. has reached a fixed conclusion
" and whose conclusions shall remain G
a fixed, would violate his duty and Oai
"a In voting for a verdict in opposition
X such fixed conclusion. I had suppose
r l had made that point sufficiently clei
n In the charge Of thee ourt, which, wit
ey respect to that matter, reads as 70
t. lows: 'Yeur verdict ctshouldrepresent u
opinion of each member Of your boo
ut after an intelligent and conscientlol
NV comparison in the jury room OF Il
yn views Of the idividual Jurors. Your Il
ot vestigation OF the evidence should
he marked with due deliberation, and
h. verdict be reached through argument
n counsel. which commend themselv
elk to- your Judgment and thorough arg
a ments among the jurors themselves.
su. large majority OF the jurors, after d
10 liberation in the jury room differ
)n their conclusion with the minority,
is proper, in view OF the fact, to revis
W the ground OF their conclusion in ord
~ ~ that, if possible, unanimiIy may
- reached in accordance with the prini
~ pies Of law hereafter laid down. b
no juror should acquieece against
individual Judgment in conclusio
reached by the other jurors, wheth
constituting a majority or minority
the body, for your verdict must repl
~ sent only the opinion and verdict
>, y each member Of the jury
Now. with respect to your requ'
for instructions. / have TO say that
at you or any one OF you desire furth
Ter Instructions upon the law Of the ca
et- you should make that desire knO1
air 10 the court and the court will, as so
of as possible, send for you and give y
,rr- such instruction. Or If you, OF a
OF one Of you, deire that tBhe charge
on the court be re-read to you. upon ma
or ing known to the court such desire,
is court will forthwith re-read to you
ver charge Is it the desire OF the jury,
is any one member of the jury to ha
to further instructors upon the law
re- thts case,or is II the desire OF the ju
ale or any one member Of the jury that I
bis charge Of the court. which was re
de- yesterday, should be re-read to y
lay now?"
,oir Juror James II. Price then arose a
lla+ said: IF 1t please your honor, II
- statement wiz be in order from
~ member Of the jury. would like
state that one member OF this jury
Before he could go amy further W
his explanation Of the standing OF
fury he whs interrupted by Ju'
ling Bradford, who said: "No, no, J
half won't go into this"
as Juror Baynard stated then that
ang was an utter imposeibility for the j
the to agree.
vel Juror Carswe,l-"I believe this j
rec can be made to agree" This was S
the in most emphatic manner.
ling Judge Bradford-'I don't think
wn- stage hqe yet arrived when 1t would
the proper to discharge the jury, and
its tainly not without the consent OF co
IL A. fhQ