The sun., 1898-12-21
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For the second time In the trial Of Sen-
ator Richard r. kenney ON 4 charge of
conspiracy with and aiding and abetting
William n. Boggs, the defauiting teller
OF the First National Bank Of Dover, the
| jury yesterday. after deliheration last.
ing nearly three full days, was discharged
for inability to agree upon verdict.
Eight favored acqnittal, three voted for
conviction, and one voted blank on
nearly all ballots, although personally he
expressed the opinion thu the guilt OF
the defendant had been established.
Again, therefore, the trial ends with the
Scotch verdict Of "not proven"
This result will prove mutual disap-
pointment. Those who believe the dc.
fendant to be guilty, as well as those who
hold him innocent, will be far from salts.
fed, though from different reasons. And
both sides will be disappointed at the
failure Of the jury TO render verdict,
one way or the other. and thus bring the
case to an end. For it is generally pre-
sumed that there will be at least one
more trial. The Governments represen-
tatives feel that they have made out a
case that fully warrants verdict Of
guilty, which tte defendant and his
friends hold thai nothing but verdict of
acquittal will vindicate the Senator of the
stigma resulting from double indict-
ment by grand jury, and jury dis.
agreement in two successive trials.
It lie most unfortunate if it be be true,
but there is prevailing impression that
political bias stands in the way--or has
stood in the way, thus far-of q determi-
nation Of this case by the verdict Of a
trial jury. The defendant occupies the
high position of a Senator in the Con-
gress OF the United States. His convic-
ton would naturally work forfeiture
of his seat in that body, and the Iegls-
lature upon which the selection OF a sue
cessor would probably deyolye is con-
trolled by the party hostile to that Of
which Senator Kenney is member
Under these circumstances, it is easy to
see how jury, almost unconsciously,
could be swayed by partisan prejudices
and vote accordingly, although in the
trial just closed it can with truth be said
that one Of the defendants political op-
ponents voted in favor of his acquittal
Another stumbling block to verdict
in this case has been the opposition of
some jurymen to convicting the defend
ant on the testimony of William N.
Boggs, the defaulter, notwithstanding
the fact that two other men were con-
victed on his testimony, and that the
government corroborated all his state
ments, SO far as they related to the deal
ings OF the defendant with the robbed
bank.
But there is no method OF fathoming
the depths of an average jurymans S
reasoning, and no law by which his
peculiar mental processes can be called
into question. Jurymen are a law unto
themselves in this matter, and courts and
the public are compelled to accept their
ultimatum.
And so. the second trial of Kenney
goes into history as miscarriage OF JUS
tice, and the case stands exactly where
it did when the original indictment by
the grand jury was handed to the court.
1t is hoped that the third attempt will
prove conclusive, one way or the other
Euery Euening.
The failure OF the second jury to agree
regarding the guilt or innocence OF sena-
tor Kenney is to be regretted on all ac-
counts. As private citizen, Kenney's
moral and legal status would not
especially concern the public. As Sena-
tor of the United States his standing is
question in which all citizens have
right to be interested. Yet two succeed
ing trials in which the prosecution has
apparently exerted its utmost efforts
have failed to impress either jury with a
unanimous belief in his guilt or his in
tegrity.
This is most unsatisfactory condition
of affairs, but there seems to be no
remedy for it unless a third trial is in
augurated, and this is apparently i'm
probable. If the authorities, after all
the labor they have performed, have
been unable to secure his conviction,
they may be excused for feeling that
further efforts would be useless.
The weak point in the prosecution was
in the character of the chief witness.
Without the testimony OF Boggs the case
against the defendent falls to the ground:
and the result in both trials shows that
the jurymen were unwilling to give Gre
dence to the evidence Of confessed de-
faulter and convicted criminal in mat
ter involving the liberty of another per-
son.
Whatever the exact nature of the
transactions between the two men may
have been, there is a prevalent impress
sion that Kenney was guilty of conduct
which was morally reprehensibIe, if not
legally criminal. But since the courts
have not been able to reach decisive
verdict, the matter is likely to be
dropped unless the Senate shall deem it
of sufficient Importance to take up the
question of his xpulsion.-Philadelphla
Evening Bulletin. ~1.
For the second time Jury has failed
to reach verdict in the case of the
4 United States Government against Rich.
ard r. Kenney, charged with completely
in the misappropriation OF the funds OF
the First National Bank of Dover, AT
the first trial Uhich uao bald l,,t TIL,