Evening journal., 1898-10-10
KENNEY CASE GOES OVER
District Attorney Fears Eff
feet Of the Election.
AEssRs BIRD AND BIGas oBJBor

IiE RETRIAL BEYOND THE
ELECTION WAS GRANTED. AL
THOUGH NO DEFINITE TIME
WAS FIXED.
Al l2.SO ociock to-day, i'm the Fed
eral Court, District Attorney Lewis c.
Vandegrift made a motion before Judge
Bradford to postpone the trial Of Sen.
ator Richard r. Kenney until after the
Fan election.
Shortly before the hour named Sem
ator kenney, accompanied by his at
torneys, Levi c. Bird and John Biggs
and has secretary, Garrett ]. Hart, en-
tered the court room and took their
seats within the bar Immediately
thereafter Mr.. Vandegrift arose and
said:
Your honor Will reco.lcct in the
case OF the United States VS.. Richard r.
kenney, continued from the Spring
term Of the Circuit Court to the Octo-
Der term Of the Circuit Court when
the matter was discussed early in Sep
tember, that October 26 was fixed az
my suggestion to retry this case.
Since that time 1 have given
good deal of Thought to this matter.
and / have come to the conclusion that
that time is so close to election and that
the case should not he tried ON the Goth.
but some time beyond the election that
your honor may fix. All that I ask is
that we shall not go into trial that
shall have any outside bearing on Il.
The purpose is that the ultimate result
shall be a verdict and that we shall
not go through this case again with a
disagreement as the result. Therefore
l ask for this reason that It be con-
tinued until some time after the en-
suing election"
Mr.. Bird: your honor, I must say
that this lis the first time in the his
tory Of my life at the bar that have
ever known a prosecuting officer 70
come into a court, either state OF Fed
eral, and ask that a case be continued
because there was an election APP
proaching. The history of this case
and Of all these cases, the contention
Of the prosecution has been that there
was no politics in them. An effort
was made in this very case of Gen
eral Kenney's at the first trial to show
that there was some political animus
in it, and my friend objected and OBJ
jected so strenuous,y that your honor
ruled 1t cur. The whole argument OF
my friend aud the whole disposition
Of his mind all through the cases has
been that there could ibe no politics in
them. Now pray whoi s to suffer by
the fact that an election is approach
ing?. Does that effect this defendant?
There is one thing that this defendant
is entitled to, and that Is trial. He
is entitled to that under the Constitu-
tion of the United States and a speedy
trial. He CHAINS it and the day has
been set. Now submit to your honor,
we are ready to try this case to-mor-
row. OF course that can't be, because
the jury is not here until the esgh-
teenth, but we are ready TO try 1t then.
We want to try it, / submit 10 your
honor that this defendant holds a high
official position. He wants this case
settled as much as the government
wants 1t settled. He can no more de-
termine what a jury will do than the
government can. Whether they acquit,
convict or disagree No man can de-
teImine that. Your honor will well see
why you cannot even guess at that mat
ter. Because from the very fact that
the defendant holds an official posi-
ton would make all guessing absolute
ly uncertain. How can II affect the
government that within fifteen days,
over fortnight, fron the day that
he is put on trial, there is an election.
He is not interested in any way in this
election. He is not running for any
office. No man running on any ticket
to be voted for on November s has any
thing to do with General Kenney. How
could it affect him before any more
than it would after? How could the
fact of mis- trial affect him any more
on October 25 than on November 15?
Surely political passions are not for
gotten so soon as that. Men are often
more embittered after than before an
election, and l think, your honor, may
be has found that in your own life.
Men are apt to be more embittered af-
ter a political election than before, for
they don't know how the tide will turn;
it may go for or against them. After
wards they do know. There are two
things that have always been taught
should never enter the arena Of court
of Justice. One was religion and an
other politics. They don't belong here,
and / don't believe there is a man on
the panel that would ever be govern
ed by the fact that an election was ap-