The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1898-07-26
THE JURY
DISAGREES.
The Jurors in the Kenney
Case Unable to Agree.
POLITICS had NO POWER.
Republicans Vote for Acquittal and
Ono Democrat Votes for ConYic-
ton. Kenney Gives Bond
to Answer at the
NEXT TERM OF U. S. COURT

!, NEAT TERM " U. 5. COURT
1T certainly gives me great pleasure,
and doubtless not 90 much a. 10 you, to
disoharee,you from any further attendance
upon this session Of court"
Such were the words Of Judge Bradford
In the UnitedSsates Court last night to tho
kenney jury. They were unable to agree
to verdict Yesterday afternoon after q
J elaboration Of 76 hours the jurors sent q
letter to the court stating that they were
unable to agree. The officers Of the court
were at once sent out to notify the counsel
In the case and in very short time tho
court room was fairly well filed with peo.
pie, the news that the jury was coming in
having Travelled rapidly,
Senator Gray was the first to arrive, and
was In the room with several reporters for
some time before any one else came in,
senator kenney came In shortly after 40
companied by James Lord Of Dover and
Garrett J. Hart tho private secretary of
Senator kenney. Senator Kenney took q
seat Immediately behind Senator Gray, be.
Ing the same which he occupied during the
trial. He was very nervous and showed
the effect of the strain which he was under
District Attorney Lewis c. Vandegrift ar
rived short time after and took his &C
customed seat In front Of Judge Bradford.
Among the others In the room at the time
were j. H. Hoffecker. H. H. Ward, G. q.
Montgomery, Postmaster Enoch Moore,
q. L. Ward, Baldwin Springer, W. F.
Kurtz and number OF others,
Clerk Smith called the roll and in an
swsr to the question. Gentlemen have you
agreed upon your verdict" received neg
alive reply.
Judge Bradford did not ask any cues.
tons Of the jury, but Immediately address.
cd them. He said:
Gentlemen Of the jury, owing to the
time consumed in the trial of this case and
Its Importance and the voluminous charac
ter OF the evidence the court has considered
1t its duty to keep you at the conslderati on
of the case, so long as there was any req.
sonAble possibility Of you agreeing upon q
verdict or course everyone recognizes that
in case Of this kind decision Is desirable
If 1t Is possible for ono to be reached.
"At the same time you have been sutfi-
Gent length Of time to examine the evil
dence which was placed before you. You
have had fair opportunity to reach de-
cision II it was possible for one to be reached
The court regrets that 1t has been com.
PEELED TO keep you for so long, but realizing
that there should be no undue haste In
matter Of this kind 1t has asked that you
use every reasonable means to reach yer.
dict. Is 1t the opinion Of tho jury that no
decis lou can be reached?"
The jurymen nodded their heads in an.
swer to this question and Judge Bradford
said:
rs that the opinion of all Of your"
at Isl answered several Of the members
Of tie jury.
Judge Bradford then turned to District
Vandegritt and asked:
"Mr. Vandegrift, have you any objection
to the jury being discharged" Under the
cannot offer any objeo-
tion," was the reply.
Judge Bradford then asked Senator
Gray If he had any objection and the Sena-
tor replied:
II do not feel that we can consent. We
have not the authority to answer the
question:"
tiVpnr NJ apt "a, hnro hou ha phion- |
ion?" asked Judge Bradford.
Senator Gray conferred with Senator
kcnney and then replied.
1.-THE defendant does not think that he
should be asked to consent"
Judge Brndiord-"Under the circum-
stances, gentlemen Of the jury the court
S obliged to ask you to retire and mako an
other effort to reach verdict"
The jury then retired and those In the
fell to a discussion Of the mat
Ter. Some of the attorneys present said
hat they had never heard the defendant
,sked such IA question in reference to dis
charging jury before Senator Gray re-
marked rs he went out that "Such thing
vas never he ard of before In Christendom
Senator kenney was asked on what
ground he had refused to agree to the dis
harge ofthe jury and said excitedly:
II had no grounds. l left it all with
senator Gray. Ask him, have nothing
o say"
The jury retirned their room but we're
till in tho same boat and another letter
tas.. sent. to theuudge about o'clock. The
pistle stated that the jurors had deliber-
ted long and they could not agree upon
erdict. They thought they should be dis
harged and permitted to depart for their
espective homes. At the time Of receiving
he note Judge Bradford was in the judi
,ial parlora He considered the message,
nd Instructions were sent to aummon
senator Kenney, Senator Gray, Levi G.
Bird and District Attorney Vandegrift.
n q manner peculiar to the crowd of lott
rs about the building awaiting the jurys
ction 1t was learned that tho jury was
bout to come into court, and in q jiffy
here was confusion as the curious ami in
crested made their way up the granite
tairs aud sought seats in the coy court
Dom.
Meanwhile supper was served to the re-
uctant jurymen and they ate with o relish
Judging from the inroads made on tho food
urpisted them. Juror Griffith however,
vas feeling unwol. Senator Gray and
enator kenney, accompanied by Adju-