Evening journal., 1898-12-20
TUESDAY. DEC. 20. 1893
THE RENNEY JURY.

NO Ilbul-tuluhluB man g.OIltS IN the
downfall of anyone, and, more especial
~ Of a prominent citizen, no matter
whether he be innocent or guilty. Only
thcEe who are small, mean and ignob.e
can be Capable OF such feeling when
ell that man holds dear is attacked
and threatened to be swept AWAY.
An true men feel glad. for the sake
OF the credit OF the State OF Delaware
AMI for the sake OF United Stat,s Senator
RichardR. Kenney tlhatthe jurieswhich
have tried him in the United States
Circuit Court for completely with Will
liam n. Boggs in the robbery OF the
First National Bank Of Dover, have
been so doubtful OF his guilt as to be
unable to return verdict of guilt AT
the first trial seven of the twelve Jurors
believed him wholly innocent and re-
maHned true to their convictions in
Spite OF the strong efforts of the mi
nogity to induce them to go over to
their side of the contention. This time
there were eight jurors for scquittal,
three for conviction, and one had no
opinion. While jury so di-
yided dos not acquit, It practi-
ca'ly does SO. ana the government
might just as wei abandon a prosecn.
tion which hasb0Idered, at, times.I Ipon
persecution.
We are sorry thut the Jurors could not
reach a unanimous conclusion in the
case, but when we consider the ex-
Ta0rdlnary efforts made by the gov
ernment and the activity and legal acu-
men displayed by District Attorney
Vandegrilt in his efforts to bring about
q conviction. IL is not surprising that
three men Should stand out for an inf
mite period in support OF the govern
ment's contention that the senator is
guilty.
II WIS a great legal fight, with
the character and liberty OF a United
slAtes -Cnator as the stake, and the
district attorney and the attorneys rol
the defense conducted II with a skill
rarely paIaNe.ed in this state.
Il is true that the grand jury found
true bin against Senator Kenney
but when the people understand thar
THAT finding wits made on the testi
mony Of the government alone; tha
nct a word OF testimony for the de
Tense was heard by amy grand juror
and that Senator Kenney and his law
yers made no effort whatever to in
duce the grand jury to ignore the biz
preferring, rather that the case be air
ed in open court and not covered u1
in the grand jury room, they will no
!ay any particular stress on the indict
ment. Two petit jurics, after hearing
both sides Of the case, have disagreed
and in their disagreement there ha
always been a majority Of jurors be
licving in the entire innocence OF tn
accused. The government must hav
particularly weak case on its ow
representation before a grand jury Wi
ignore a biz presented by the distrC
attorney.
A grand jury stands ais a check be
tween the c0ult and the district al
torney. It's function is to prevent th
district attorney from consuming tn
time OF the court in trying crimins
cases which have neither top, side nS
bottom to them. In the Kenney cas-
there whs the declaration Of Bcgg
that the senator conspired with hin
made before the grand jury und'
cath. The defense was not presen
and could not be; hence, there w
nothing for the grand jury to do b'
TO take a SWORN statement which,
necessity, at that time went u
chailenged. But when the petit ju
got the case. after hearing both side
eight CT the twelve jurors believ,
that Boggs Fed, not only to the graz
jury, but also to the petit jury. At &
previous trial seven OF the twelve ju
crs believed that Boggs lied and tn
Konney told the truth
We do not think that the indlctme
wild weigh heavily on the senator
the light OF the standing Of two pc
jurios which heard both sides Of {
case.