Evening star., 1898-02-07
DEALER KENNEDY ON TRIAL
Arraigned for Alleged Shortage in Weights
of Coal Delivered.
He Pleads Not Guilty and Attorneys
Present the Case From Both
Points of View.

The trial of John Kennedy, who is
charged with delivering short-weight coal
to the District government, which has been
continued from time to time for several
weeks. was begun this afternoon before
Judge Scott and jury. The names of the
jurymen were published in The Star Of
Friday last Prosecutor Mullowny repre-
sented the government and Attorneys Jere
Wilson and j. A. johnson were counsel for
the defense. The call of the roll by AS
sistant Clerk Harper disclosed that but
eleven jurymen were present, Mr.. Clement
Robinson not answering to his name.
No formal action was taken in reference
to the vacancy in the jury box, and Judge
Wilson moved to dismiss the charge against
Mr. kennedy on the ground that the in
did not wish. he said, to argue the matter.
but made the motion to preserve the rec
ord.
The section Of the statute requiring that
a certificate be furnished by a dealer with
each load of coal delivered was read.
Judge Scott overruled the motion of MIR.
Wilson, and an exception was noted.
Mr.. Wilson then moved that, as there
were two counts to the information. the
prosecuting attorney be required to elect
Upon which he would go to trial. Mr.. Null
lowny opposed this, and, after argument,
Judge Scott overruled the motion.
Makes His Plea.
Mr.. Kennedy was then arraigned The
formal reading Of the Information was
waived by counsel for the defendant. who
pleaded not guilty. At this point the alb
sent juryman came in and took his seat in
the box.
Mr.. Mullowny made a brief address to
the jury, stating that he expected to prove
that the wagons in which Mr.. Kennedy
delivered n o.
cially constructed, with the object that
when the coal was dumped 200 pounds of
each load remained In the cart or wagon
in which 1t was carried to the school
house where 1t was delivered.
Mr.. Wilson explained to the jury that
Mr.. Kennedy had a contract to furnish the
District government with coal, and said
that the defendant had complied with the
contract and had done everything in the
matter that the Commissioners required.
Evidence Introduced.
John T. Freeman, supervising princi-
pal of public schools, testified that he
knew that Mr.. Kennedy had contract to
furnish some of the public schools with
coal, but knew nothing Of the matter on
trial.
Mr. William NJ. Harper, a coal merchant.
testified that he saw a box in one Of Mr..
kennedy's wagons. which contained coal
different from that which was delivered
to the District, and that he had examined
this wagon at the request of Detective
Parham, who had made the complaint
against Mr.. Kennedy.
MIR. Harper was briefly cross-examined
by Mr.. Wilson, but his testimony was not
changed
Detective A w. Parham related in de-
tail the preparations which were made to
test the weight of the coal which was
that day being delivered to the District by
Mr.. Kennedy. He further stated that the
coal in each of two wagons was weighed
and found to be short.
Judge Wilson said the Information only
specified one wagon which, as alleged, was
prepared for deceiving the government Off
cials, and he would ask that evidence re-
garding the other wagon be excluded.
Mr.. Mullowny argued that he had right
to introduce testimony in reference to both
wagons.
The objection of Mr.. Wilson was over
ruled by Judge Scott, and the former noted
an exception.
Mr.. Parham then resumed.
He said after the two loads were weighed
he and Mr.. Vermillion, an emplOye of the
District government, held the drivers Of
the vehicles until five other wagons from
Mr.. Kennedy's yard, all containing coal for
the District. were driven up. One of these
drivers refused to drive on the scales and
witness was then directed to take his
place.
The cross-examination of Mr.. Parham by
Mr.. Wilson did not develop anything i'm
portant.
The case was still. on trial when this re-
port closed.