The sun., 1898-12-21
Ient Of Justice Will.
Probably 50 Decide
MI r
This Week.
,ADELpHIA INDICTMENT
hat Transaction With First Ma
II Bank of That City and Cuth-
Sert's Representative May be
the GrOunds--Other
a Bank Cases.


Department of Justice must an
the report Of the trial Of Senator
ard r. Kenney before it is known
her there will be further prosecu-
of the charges against him by the
enment.
report will be forwarded to
ington probably today by United
District Attorney Lewis @. Van
The Federal officials at the
nal Capital are expected to render
6ion before the end OF the week.
grand Jury which found the last
ment AGAINST Senator Kenney were
S]av discharged. When the jurors
A the Federal Court shortly before
District Attorney Vandegrift in
"a Judge Bradford that he had no
ness for the consideration OF tne
" iury. The court Immediately dis
tged them.
VA United States Government be-
yes that the evidence in its possession
~ presented to the jury which failed to
e and. was discharged Monday is
kcientS proof Of Mr.. Kenney's guilt.
nee it is thought extremely probable
q the prosecution OF the yet unsettled
Is will continue. In the meantime
build there develop further grounds Tor
Iarges against the defendant, new
rand Jury is to be drawn for the Janu-
~ term of the Federal Court to con-
der another Indictment.
q However, If such is not the case, the
nuary term which begins on January
J, will have no grand jury.
ION January 10 the trial OF Senator
enney's fellows on the first indictment
5Fill begin. It is probable that the case
81 William f. Cotter will be the first
kried, but the district attorney has not
vet said which he proposes to take up on
January 10.
'.The Jury which will try the cases COM
ing up next month will probably be
drawn during the week following Christ
Speculation is rife at this time concern
ing the probability of a retrial OF the
Kenney case. A report was abroad
Yesterday that the Senator would be
tried before Judge Butler of the Phila-
delphia Circuit Court. This, however,
was not considered probable, as neither
the Government nor Senator kenney
wish to change the venue as far as con-
Germs the Judge who sits in the case.
Even il the case was taken before Judge
Butler it is held in legal circles that the
jury sitting in the case would have to
consist of Delaware men.
4 1t is there that the trouble is being ex-
perienced. A jury cannot be obtained,
The members OF which will agree. This
is caused by the fact that MIR. kenney
appears before the jurors as United
States Senator and even the most direct
evidences OF guilt seem unable to sink
political prejudices.
District Attorney Vandegrift knows
nothing OF any contemplated indictment
of Senator Kenney in the Philadelphia
end of this United States circuit. 1t is
only by such action that Kenney could
possibly be tried in Philadelphia unless
Of course the Senator should request
change of venue.
II was said yesterday, though not Off
cially, that an indictment might be
found in Judge Buffers court on the
grounds that the illegal transactions al
ready alleged in the two indictments
against Senator Kenney, involved the
First National Bank of Philadelphia by
reason of Kenney's account with that
bank while operating through Cuthbert
& Co. Also that the defendants trans
actions with E. B. Cuthbert & Co.
through their Philadelphia representa-
tivesmight be taken as transaction oc-
curing in tho Philadelphia district OF
this circuit, from which a criminal act
resulted. .,.
Any further developments in the case
OF Mr.. Kenney await the decision OF
the Department. of Justice at WASH