The sun., 1898-10-11
THE TRIAL IS POSTPONED
The Case of United States Senator
Richard Rollins Kenney
Goes Over.
REASON FOR THE APPLICATION
District Attorney Vandesrift Thought
That Nearness of Election Would
Have Some Influence on the
Casc--.COunsel For Defence
Objected.
REASON FOR THE APPLICATION

| tefuaY morning DelOfe Judge EQWarQ VI
Bradford, United States District At
torney Lewis G. Vandegrift made appli
cation and was granted a postponement
of the trial of United States Senator
Richard Rollins Kenney, which haC
been set for October %.
1t was 11.35 o'clock in the morning
when Mr.. Vandegrift brought the matter
to the attention of the court and Mr.
kenney at the time was seated near his
counsel, Levi G. Bird and John Biggs
both of whom opposed postpenement
on the grounds that they desired an early
trial for their client.
In addressing the court Mr.. Vande-
grift said: Your honor will recall that
the case Of the United States vs.. Richard
r. Kenney was continued from the June
term of the Circuit Court to the October
term, which would bring this case, if in
the regular. course, on the 18th of October.
When the matter was discussed in Sep
tember, the 25th of October was fixed
as the time to retry his case. Since that
time have given a good deal of thought
to this matter and have come to the con-
clusion that that day-any day close to
the election--is not proper time in
which to try this case, and / ask that
the case be not tried October 25th, but
on some day beyond the election, which
your honor may fix"
He also stated that he wanted the trial
to come off without any outside influ-
ences and desired the next trial to result
in verdict and not a disagreement.
Mr. Bird in opposing the application
said: II must say that this is the first
time in the history of my life at the bar
that l have eyer known prosecuting
officer come into court and ask that a
case be continued because an election is
approaching. Why, all along it has been
said that there were no politics in this
case, and none could be brought into it.
When any effort was made to show some
animus, he objected and your honor
ruled it out. The whole argument of the
district attorney through these cases has
been there could be no politics in them.
"Who will be affected by the election
Will it help the 1etendant9
"This defendant is entitled to Speedy
trial under the Constitution. Yhr day is
fixed and he asks for trial. We are ready
for trial tomorrow; bot we cannon have
it then, because the jury will not be hey
until the lSth.'
Mr. Bird further said thai the district
attorney could not determine what the
jury would do, whether acquit or dis
agree; no man could determine that. He
asked how tine trial could affect the
government, for there were fifteen days
between the time fixed for trial and the
election. lie contended that Mr.. Kenney
is not interested in the election and no
man on the ticket is interested in him.
The attorney maintained that the trial
would be no more affected on that date
than on the 10th of November; although
he held that political passions were not
likely to be less bitter after an election
than before. He remarked that Judge
Bradford might know that from his own
He also said that Mr.. Nandegrift's S
statement was strange one to make in
court of justice, and added that there are
two things that he had been taught
should never be brought into court
religion and politics. He did not be-
lieve that any men would be affected by
political considerations, and if they were
they would be just as much after election
as before.
He asked that the Cotter case be al /
lowed to wait and that the Kenney trial
be fixed for October 18th.
81 ask it," concluded Mr.. Bird, "for
my client; ask it that no plea of poll
tical nature should stand in the way of
mans defence or the governments pro-
secution."
The senior counsel was followed by
Mr.. Biggs and he strongly opposed the
motion made by Mr.. Vandegrift. He
100 expressed himself as surprised at hear
ing such an application. He held that
it should not be granted because this is
not political case and besides the dis
;rict attorney in these trials had always
claimed and reiterated that there were
no politics in them and had strenuously
md successfully objected to the lntroduc-
ion of any.
The jury which tried this case before,
ne said, did not divide politically and
he district attorney had no right to as
'ume that the next jury would divide
The prominent position
Mr.. Kenney holds was not sufficient
eason, he stated, for asking tor post
on the ground of political feel
ngs. /
lie also laid emphasis on the point
hat Mr.. Kenney was entitled to
peedy trial and declared that there
vas no good reason why the trial
hould not come off on the date an t
Mr.. Vandegrift assented to the decla- I
alton that he had maintained that
here was nothing political in the trials
nd said it was for that very reason that
e desired to avoid the danger and he
eieved his application would appeal to r
thoughtful inen throughout the state. He q
id not mean to say that jurors would i
How political feelings to affect their ver-
let but to relieve them of the danger of
his feature.
He desired that whatever the verdict
he people would feel that no outside in 9
uence had affected il. a
Judge Bradford in considering the ap- U
lication said that he could not see how {
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