Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1898-12-22

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that they stood eight for acquittal,
three for conviction and one Blank, and
this report5wa verified soon after they
were discharged. They had, however,
adopted q motion not to diyulge the
way their members voted and under
this agreement naturally hesitated to
talk freely. They had also made a
sort Of concession to peof their num-
her who is interested In o newspaper,
who did, however. give some informa-
tion in advance of publication in his
o,wn papor. From different sources OF
Information it was understood that tho
first ballot taken by the Jury after they
lett the court room on Friday evening
stood eight for acquittal, three for con,
viction, and ono blank; tho second
ballot stood nine for acquittal and
three for conviction; then there wore
some ballots OF ten for acquittal and
two, for conviction, and Others when
ten voted for aoquittal, ono for convic-
tion and one blank no ballotting was
done on Sunday, and the jury Monday
swung back into the original standing
Of eight for acquittal, three for convic-
tion and one blank. sIe
The iury nearly reached decision
on Saturday, when only two were
standing out against acquiJtal, and
u. was at that time that theylwent into
court for Instructions as to the duty oi
tho minority with respect to the
opinion of the majority. After that
the vote in favor OF conviction re-
manned ut three. The minority talked
some of q compromises verdict but the
majority would not have 1t. They
threw out Boggs' testimony.
Ono of the jurors denied the report
that they played cards nearly all Fri
day night and said there was only one
pack Of cards and that they were played
only about an hour altogether. Samuel
o.. Matthews, the Gumboro member OF
the Jury, was pointed out as the jolliest
member OF the body.
Senator Kenney had no statement to
make regarding the mistrial.
United States District Attorney Van
degrift said Tuesday that he would
not know whether Senator Richard r.
Kenney would be required to stand
trial again until he had heard from the
Department of Justice at Washington.
In a day or two he will submit his
report of the case just concluded and
the officers of the department will reach
a decision regarding the future after
considering the report.
Asked whether there was any truth
in the report that there was q posi-.
bility of the Senator being required tc
stand trial before Judge Butler of The
Circuit Court, in Philadelphia, he said
he was not prepared to give an answer,
as he had never given that matter any
consideration. A
A prominent attorney, who has been
Watching the trials, said in his opinion
the case could not be .tagento Fhilp-
delphia unless an indictmsntshould be
found there, and there would be nc
ground for finding. an Indictment in
Philadelphia unless the courts should
constrne that some of the transactions
which figured III tito tsfais took place
partly in the Philadelphia district and
that some crimital act had resulted
therefrom, It could not be Learned
from an official source that anything Of
the kind was under consideration. In
fact, itis known that no step has been
taken looking toward anything of the
kind.
Wilmington and Philadelphia are in
the same circuit of the United States
court, but each is an independent dis
trict, and, while both of the cases
against Senator Kenney were in the
circuit court, it is understood that il
would be- an impossibility to transfer Q
case against person indicted in this
district to another district in the same
circuit, unless such action shol.d be
requested by the accused person.
In opposition to the removal of the
case to Philadelphia, it is claimed thai
it is contrary to the Constitution oi
the United States to try man outside
of his district, except upon his appli.
cntion. II. is u principle of common
| Inv, generally observed in this country,
that man is entitled to trial in the
,svieinage. 1t was one of the grounds
Of the dissention between the colonies
and the mother country that persons
were taken to England for trial and
not allowed trial in the neighborhood
where their lives had been spent anc
their friends lived.
The grand jury which found the
| Indictment upon which Senator Ken
riey's last trialu was based was dis
| charged Tuesday from any further
| attendance. The Jurors met at lib
| O'Clock, and their discharge was at the
request of District Attorney Vande
grift, who Informed Judge Bradford, ii
court, that he had no business for theil
consideration
1t is'understood that no grand jur,
will be drawn for the January tern
of tho district court, which meets oi
| January 10th, unless an effort is to b.
made to find another ipdiotment agains
Senator Kenney or something new de
| veiops, as there is no business at pres
ent which agrand jury would be asked
| toAconsider. . h,
| lit was learned from the Office of thl
clerk of the court that the last trid
cost shout 5000, and some Of tho wit
nesses and jurors received as high n
$50. Phe expenses of the former tria
we're about the same. Several Nday
viii be required to pay off all of th
| witnesses and jurors.
| Notwithstanding the fact that th'
Jury in the Kenney trial disagreed, th
other DoEev bank cases will be tried u
the Januaiy term of the district court
/ Fit'0.t = K - Z