Evening journal., 1898-12-23
FRIDAY. DEC. 23, 1888
1F 1T sHoUID TRY AcATN

if II SutODLD lft1 AGAIN.
Those who are directly or indirectly
interested in the Kenney trial are now
inquiring whether or not he will De
tried again. District Attorney Vande-
grfft has stated that his future action
will depend upon Instructions from the
Department Of Justice at washington.
In connection with the possibility Of a
third trial various rumors have been
set a1oat One is that, two juries hav-
ing disagreed. the third trial will be
before three judges; and another that
the case will be carried to Pennsylwa-
MIA for trial by jury. There is abeo-
lutely no foundation for such stories.
Section 2 Of article OF the Constitu-
tion provides that every man shall be
tried by jury excepting in cases OF
impeachment-and THAT the trial shah
take place in the state in which the
crime with which he Is charged shall
have been committed. Assuming that
Senator Kenney did the things with
which The government ACCUSES him
and 1t has utterly failed to prove it,
the crime had its incipiency and finafity
in The State of Delaware, and here is
where he win be tried. If the Depart
ment CT Justice, which will be guided
largely, II not so.egy, by the advice OF
District Attorney Vandegrifx, deter
mines that a third attempt shall be
made to accomplish an impcseibility.
Had the jury stood eight 10 four for
conviction the government might cher
ish the hope OF ultimate conviction.
The first jury stood seven to five for
acquittai Whiie the final standing OF
the second jury was eight to three for
-acquittal, one man voting a blank ball
lot, It lis not generally known that cn
three ballots the vote stood ten for
acquithl: one. Samuel II. Baynard, for
guilty, and one Blank. Here we have
seven Democrats and three Repubh-
cans, believers in the Innocence CT
Senator Kenney, voting three ballots
for acquittal; one Union Republican
voting for conviction, and one Repub-
lican 50 uncertain Of the senator's gui.n
that he voted a blank ballot through
cut. How the two men who, after
hearing the law and the evidence in
the case. and believing Vhe senator IN
nocent, could stuitify themselves by
being weaned over to the one who be
lieved him guilty. We cannot Hnder-
stand. Il wHs not natural drnt OF
human judgment, but there were many
unnatural thfnes IN connection with
the trial, and that was one Of them.
But these men, when they voted three
times to acquit, must have had a con.
scientious conviction that the senator
was innocent; and that conviction was
SO strong that It swept AWAY, for the
time being, any and all personal OF
partisan prejudice. This left but one
man, Mr.. Baynard, holding out for
conviction. Finally the two men, by
some professor conscientious legerde-
main, drifted from one extreme to the
other, and their final return was for
conviction. But 1t Wilt not be for
gotten thht eleven Of the twelve men
were at one time ready 10 vote to ac-
quit, and Il is scarcely presumablt
that on such showing by jury kept
out for a period Of three days the De-
partment OF Justice will spend more
money and effort in the prosecution
even should fifty tria.s succeed the
2 two already held. Every day adds tc
public belief in the senator's Innocence,
and we believe that the government
viii remain satisfied with having done
the worst il can do in such a prcsocu-
tion.
Senator Kenney has a right to be
tried by and among his neighbors for
any action which ne committed or is
alleged 10 have committed, in their
midst. He cannot be hauled about over
the country for trial merely because
the government cannot find a jury OF
his neighbors who will convict him. In
his last trial here there was but one
Kent county man on the jury All the
Others who favored acquital were
from New Castle and Sussex counties.
They were far enough removed geo
graphicaiiy to be free from prejudice.
Judge Bradfords charge TO the jury
in the Kenney case reminds us more OF
Mark AnUony's address over the dead
body Of Caesar than any address that
has been delivered since Caesars fu-
neral.