Evening journal., 1898-12-20
A SECOND MlSTRIAL.
The Kenney Jury After Eeing
Out 70 Hours Fail to Agree.
jToOD 8 TO 8 FOR AoQUTTAI

ACQUITTlAG4-A NEW TRIAL MAY
TAKE PLACE-HOW THE JUR-
ORs VOTED.
The jury In the case Of the United
States vs.. Richard Il. Kenney came
into court yesterday afternoon, report
ing that il was impossible for 1t 70
agree upon a verdict and was dis
charged by Judge Bradford
This ended one of the most interest
ing and sensational trials in the rec
lOrds of Delaware courts. Senator Rich
ard r. Kenney was charged by the
government with aiding and abetting
and conspiring with one William n.
Boggs to abstract and misappiy the
funds of the First National Bank of
| Dover. On the charge OF asstracting
and misapplying the funds of the bank
Senator Kenney has had two trials, the
first one beginning en- July IL, 1898,
and lasted until the 25th of the same
month, when. after being out seventy
nine hours. the jury came into court
and reported that it was unable to
agree upon & verdict. and was dis
charged by Judge Bradford. This jury
stood z 10 for acquittal.
District Attorney Vandegrift at once
began making preparations for a sec
on trial. and to strengthen his case
against Mr.. Kenney presented evil
dencc through which the grand Jury
on September 6 found a second in
diciment against Senatcr Kenney
charging him with conspiracy with W
n. BO2gs To abstract and misapDly the
! funds OF the First National Bank OF
| Dcver To order 10 expedite the src-
end trial Of Mr. Kennay. which began
on December > last. counsel on both
sides agrecd % consolidate the two
| indictmenic and try the defendant on
| both at the same time. After remain
ing locked up for nearly seventy hours.
with the exception Of a short time on
Saturday when the jurors came in and
reported that they were unable a.
agree ard asked for instructions, the
second jury empanelled to try the case
against Mr.. Henney came into cca.rt
yesterday afternoon shortly after 4
O'Clock and stated to the court that Il
was utterly impossible for IT To agree
upon a verdict standing eight for a..
1uittal. three IN conviction and one
blank On the last ballot. IT was dis
charged by judge Bradford
DISCHARGED BY THE JUDGE.
After Clerk Smith had cailed the roQ
of jurors, nc asked: "Gentltmen, HAYS
you agreed upon verdict?'
Foreman Cannon replied; eve have
not. IL is mpotsiblo."
Judge bradford. then looking at ;he
iary, said: Gentlemen, do YOU all .e5
that it Is impossible to arrive al a
verdict I'M this case2'
The jury answered in the affirmative
In chorus and Judge Bradford resum-
ing said: Gentlemen, you have been
out three days, less ten minutes, since
The court read the charge to you. II
was about $50 O'Clock on Friday that
you retired to your chamber TO DELHI
crate on this case. 1t is MOT the func-
ton Of the court to cOerce or att,mpt
TO c,erce the judgment of q juror, be-
cause after all it is the deliberations
Of the jury, and not any conclusion ol
the court, which must guide you in
reaching q verdict.
Il must say that the court is very
much disappointed that in a case OF
this magnitude that a verdict has not
beer reached that will terminate the
prosecution of this defendant. It is a
matter of very great regret that while
You are the twelve men who must con-
scientiously determine upon a verdict
the court does not feel justified in de-
tanning you any longer. By the aid
of the schedule and by the aid of the
admissions made on both sides the
court feels that you have had a fuli
and fair opportunity to reach a YER
dict if a verdict could be reached.
Supposed THAT a verdict one WAY or the
other would have been reached within
tN enty-four hours, but as it has moi
been reached and you state your ahso-
ute inability to reach a verdict The
court WITH therefore DISCHARGE Won
from further attendance upon this
court"
Judge Bradford then told the jury
men TO report at the clerks Office and
prove their attendance and TO remain
until all the exhibits in the case had
been accounted for. The judge asked
about the removal OF Senator Kenney s
bond, and both Mr.. Nandegrift and
Mr.. Biggs stated that it would be at.
tented to later. In reply to questions
relative as toAyheoher the case would DC
retired. Mr.. Vand5grift said that he
would REPORT the result Of the trial &c
The Department OF Justice at Wash.
inglton, and Wait fOr Instructions from
the officers there btfOre be would
make amy other move.
The jurors were reticent about dis.
lbussing their actions while In the jury
room, but it was learned on good an.
lJhority that ten ballots were taken. Nc
balloting was done on Sunday The
frst ballot was taken some Time after
the jury was retired The result was
three for conviction. Messrs. Baynard
Thomas and Pilling; eight for acquit.
tai and one juror. who was said to b,
/ Foreman Cannon. voted blank. On tho
following baliLt the vote was nine fol
lacquittal and three for conviction. Mr.
Cannon. it is reported. being the ons
who voted for acduittal Then ths
jurors fell to discussing the case.
lBAlNARD FIRM FOR CONVICTION
The majority threw out Bosgs tes.
Umony altogether and would not credt'
IL. Several more ballots were taken
the result being ten for acquital anC
two for conviction; Baynard ane
Thomas voting fer conviction. Thi.
was followed by several more ballots
(which stood ten for acquittal, one fOl
lcOnvictiOn. Nr. Baynard, and on.
blank, Mr.. Thomas 1t was at th.,