Evening journal., 1898-07-26
THE JURY DISCHARGED
Was Out Seventy-nine Hours,
But Could Not Agree.
SEVEN TO FIVE FOR AooUITTAI.

UNITED STATES DISTRICT ATTOR-
NEY vANDEGRdFT ASKED THE
COURT TO TRY THE CASE IN &C
ToBER, AND 1T WAS AGREED TO.
The jury in the case OF Senator Ken
ney, charged with aiding and abetting
William N. Boggs in the misapplica-
tion Of the funds Of the First National
Bank, Of Dover, was discharged at sos
o'c,Cek last night, after reporting the
third time to the court that il was un-
able TO agree.
The jury was out over seventy
hours. The last ballot stood seven to
five for acquittal On Saturday eight
Of the jurors voted for acQuittal. Juror
Hearn subsequently joined those favor
ing conviction, and continued to vote
with them. Twenty ballots were taken
during the deliberations Of the jury.
Those who finally voted for convic-
tion were N. b. Hearn, William Dea-
kyne, William Belts, Robert Wilgus,
and Millard r., Day Those who voted
for acquittal were Joseph Milligan, w.
A. Cannon, G. II. Gildersleeve, ]. l..
Crossan, w. r. Griffith George w.
Spicer and w. A. Baker.
After the jury was discharged Dis
trlct Attorney Vandegrft asked that
Senator Kenney's case be fixed for the
October term Of Circuit Court, and the
request was granted. Senator Kenney
then renewed his bail, and after the
court had adjourned he went to the
rooms OF the Young Mems Democratic
Club, where he spent the evening.
Roggs, when told OF the result OF the
trial expressed surprise
Senator Gray says the government
failed to prove its case and a disagree
ment was equal to an acquittal Dis
trict Attorney Vandegrift thought that
a new trial would be asked for.
About 5 o'clock yesterday afternoon
the jurors sent word to Judge Bradford
that they could not agree and asked
for their discharge. Counsel for the
government and the senator were sum
moned to the court room and the jur-
ors brought in, by direction OF Judge
Bradford. who, having convened court,
addressed the twelve tired men. saying
he regretted that The court had been
compelled TO keep the jury out so long,
but the case was Of such importance
that a decision was desired, If possible
Now, however, the jury he said, had
been out long enough to consider all Of
the evidence and the documents which
had been presented, and he felt that II
the Jury was unable TO agree upon a
verdict its wishes should be considered
He then asked the members OF the jury
If they considered It impossible for
them to agree, and vas told that such
WAS the case.
Judge Bradford then asked Mr. Van
degrift II he mad any objection to
the jury being discharged Mr. Vande-
grift said that under the circumstances
he could offer no objection. The de-
fence was then asked II there was any
objection to the iury's discharge SEN
ator Gray said he did not consider that
the defence had any authority to an
swer such a question. He was directed
to ask his client, and after speaking to
Senator kenney he announced that the
defence could not answer in favor Of
discharging the jury The judge then
told the jurors that, as the defence did
not agree to them being discharged, he
was compelled to send them back. 1t is
stated that when ths jury came in 1t
stood seven to five for acquittal.
Senator Kennev. when asked why the
defence had objected to the jury being
discharged, replied Il did not object. |
LETT II all with Senator Gray. Ask
him."
When the jurors asked for their dis
missal no objection was presented by
either side.
After the jurors were discharged sew
eral of them went home on the Nor
folk express. They will receive a nice
sum for their long deliberation. The
kenney case cost the government So
OOe, The case will probably never be
tried again, but II it Is It will be IN
October