The sun., 1898-12-17

jury Consuming Two
HOurs.-Bird in Behalf
of Accused
Kenney trial is over and twelve
ksreans sworn to do their duty at
are locked in room at the Fed
||g 2uilding with Richard r. Kenney's
Il "a their hands.
closing hours Of the trial began
N day morning, when Levi G. Bird,
lei for the defense, made his final
II \ to the jury.
~ rict attorney following with the
kg speech for the Government drove
the last shot of the case in burning
ences.
ndge Edward G. Bradford delivered
harge to the jury at 4 o'clock in the
hoon and at $50 o'clock the bailiff
hcted the Jurors to their room in
6h they still remain.
nator kenney sat with bis counsel,
Bird and Mr.. Biggs throughout
ee Bradford's delivery of the able
Impartial charge to the jury. As the
Milf with the members of the jury filed
est the defendant toward the jury room
enator Kenney scanned the face of
Fery man in an earnest search for q
look OF encouragement which might
TEND to ease the awful strain on his
mind. His fate is yet unknown.
8s Shortly after the jury retired supper
was served to them in their room. To
those persons who had business in the
Y Federal Building after seven o'clock last
night and who were compelled to pass
through the corridor on the second Roor,
loud discussions were audile coming
from the direction of the jury room.
No communication was sent tothe
&cour9 by the imprisoned Jurors and
Judge Bradford, who had returned to
he Federal Building after supper, left at
q O'Clock, being satisfied that no con-
sion was be to arrived at during the
night. Judge Bradford will be at the
y Federal Building this morning after 8
SSO'clock and ready to receive the verdict
Sany time during the day after that hour.
N Last night was trying one for the
Jurors. No, cots were furnished the con-
fined gentleman and just what the scene
presented in the jury room throughout
the night is not known. There is in the
room q long table and it is presumed
that a majority of the gentlemen turned
Ein" on that undesirable manner OF bed.
No communication is allowed with the
Ejury and none will be allowed, hence the
result of the ballots already taken
NRy that body is only, matter for
S3nnjecture. The opinion is expressed
at the Government will secure con-
lction in view Of the evidence pre-
Vented.
The bailifi VINO lie in charge of the
door of the jury room said that the
jurors were sleeping in their chairs at II
O'Clock last night.
The closing scene in the presentation
OF the argument to the jury was at the
morning session. Mr.. Bird resumed on
behalf of the defendant at 10 o'clock,
consuming about one hour. He claimed
that the Government had failed to prove
that there existed any combination or
understanding between Kenney and
Boggs.
The issue Mr.. Bird said, is intent; in.
tent to aid in robbing the bank. He held
that there was nothing to show that
there was any such intent and acquittal
was expected. He said he was never
more sure of what jury would do. He
pleaded with the jury to acquit his client
and asked that there be no disagreement,
holding that either disagreement or con-
viction would mean death. He con-
tended that the minority should 90 over
to the majority, whatever the result
might be. His client had had enough |
yaisery already and should know now
whether he was to be restored to life or !
death was to be his lot.
District Attorney Vandegrift's closing
address was succession OF telling shots
loaded with the facts and the evidence
in the case.
He referred to what he termed the wit
and lnerrimeDt shown by senior counsel
Xor Mr.. Kenney in his speech yesterday
Gnd the abuse of the Government coun-
eel, and said the trial OF Senator Kenney
was too serious matter to permit of
such trihing.
"There is no one here" Mr.. Vande-
grift said, "who would not lift up this
defendant IT they could, but these books
show that the law must be carried out,
that punishment for violation of the law
must be meted out. We would be glad
to be merciful. With only two excep-
tions did his counsel touch the real issue.
These cases are so awful that l have
never yet seen where would come in the
Joke or ridicule. l never saw such a
breach of propriety as when the junior
counsel spoke to you Of the deliberations
OF the jury in the former case. The court
will tell you that you have nothing to do
with what any other jury has done.
You've simply got to take this case and
the sworn evidence here. l don't want
this man convicted II there is in your
minds reasonable doubt of his guilt.
IF you can turn him out q free man,
purged of the awful story in the record,
there will be ino one more pleased than
!. But II you believe the record you 9
must convict him. Treat him with every
reasonable doubt. Treat him ~ you |
I ~