Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1898-06-30
HIS COUNSEL ASK DELAY.
Application for n POStpOnemont of the Trial
of senator X. II. Kennoy.


of senator X. Il. Kennoy.
Before Judge Bradford in the
United States Circui. Court yesterday,
Senator George Grny, Of counsel for
Senator Richard 4. Ksnney, who ia
under indictment in that court, asked
fer continuance of tho trial which
had boen fixed 10 begin next Monday.
Accompanied by his council, Senator
Gray and Levi q. Bird, Senator Ken
ney, the defendant. appeared before
Judge Bradford about 0.30 o'clnok.
Senator Gray asked for postpone
mont of tho Gaze because of the all.
senco of q material Witness, but did
not think counsel should bo required
to disclose the name of the witness or
his testimony. Tho Senator thought
| that would he hard condition upon
the dgfendant whu was going to much
expense to defend himself against a
charge, conviction under which, the
| speaker presumed, would he worse
than death.
Judge Bradford, upon examining the
papers in the Edward Murphy fill
hustoring case, found that there an
application for O pO6tponement had
beun mails in tho form of an affidavit
by the defendant and gave the name OF
the missing witness.
District Attorney Vandegrift, 10 re-
| plying to Senator GIay's application,
declared that the learned counsel war
present Tuesday of last week when tho
! Clark case was being tried and insisted
that tho demurrer DO argued, and this
case tried to day Tho speaker had
at that time SGT forth tho demands
| which were upon him. Tho Clark case
| wac finished on Saturday, and between
thnt and Mnnday, the speaker had re-
sponded to the stress Of opposing coun-
sci and argued the demurrer. lie had
also nut in operation the machinery for
| the trial of the case at the time liked,
tnext Tuesday und the auhpmnas had
| issued for the witnesses, and the Jury
had been ordered tn return.
Mir. Nandegrift continued that he
waa anxious to finish these caeps and
got dome with them Whia the Ken
ney case ia not the only one TO try, yet
| il lie the next ono which the govern
ment han set down to try. Under the
circumstances, therefore, he said he
would strenuouHly oppose any post-
p0nement of tho case, and to POSTPONE
il until October would seriously EN-.
barrass the government.
Judge Bradford intimatsd that a
continuance could scarcely be granteu
longer than until September. on
account of other court business coming
up.
MIR. VandsgriFt remarked that ho
thought council had been insstent but
he had responded and now desired to
| go Oh.
Senator Gray, in again addressing
the court said tbuy were not dealing
with the convenience or comfort 0f
counsel, but were dealing with tho
essential rights OF the defendant, and
declared it as his opinion that upon
the presentation of proper affidavit
| they would BIS entitled to u continuance
| until the next term of Circuit Court,
which will meet in October. Tho
Senator added that the conditions of
the case upon which they were willing
and anxious to go to trial remain the
same, but this testimony which they
now believe to be important has come
to them since that time. tie had not
known of the existence of the witness
| before.
Judge Bradford dsRired some time to
consider as to how far the affidavit
should 60 and to what extent post.
punement might be granted, and said
he would DO prepared to give his de-
eison to-day.
Mr.. Vandegrift drew the Judges
attention 10 th1 fact that several other
cases are on the docket, which must be
disposed of as soon as possible
in reply to II question from Mr.. Bird
as to whether no could give decision
this afternoon, Judge bradford replied:
think / can say now that IL a
proper application is made there will
he some postnonement ="
In tho matter of tho Renney and
Butler demurrers the decision will not
BIO given for two or three days. Tho
Butler demurrer was not argued, but
the reasons advanced in the Kenney
demurrer generally apply to both and
upon agreement, the decision will apply
as to both.