The sun., 1898-12-20

Kenney heard the words OF the foreman
announcing that the twelve men were
neither satisfied as to his guilt or Of his
innocence. The defendants head drop
ped forward. His eyes became riyiJed
on the floor of the court room. Through
out Judge Bradford's address in dis
charging the jury, Senator Kenney's po-
sition remained the same and not once
did he raise his eyes.
Then the fact that second jury had
failed 10 clear him from any connection
with the robbery Of the First National
Bank of Dover, seemed to dawn upon
him and leaning forward he talked
nervously with his counsel and his secre-
tary. ...a
In statement given out last night
Senator Kenney says that he desires
new trial. He is not satisfied with the
result of the jury's deliberation and con-
elders the stigma connected with the
indictment not wiped out until verdict
has been rendered. T..
District Attorney Vandegrift will make
q report on the result of the trial to the
Department of Justice at Washington as
soon as possible.
The question of whether Senator Ken
ney shall be retired does not rest with
the district attorney. He will make his
report to Washington and it remains for
the Government through its Department
of Justice to say whether or not the case
against Mr.. Kenney shall be carried on
! until settlement is reached in the way
of verdict either guilty or not guilt.
After the jury had been discharged
Yesterday they went to Commissioner
Smiths office and there proved their at
tention. A majority of them had served
fifteen days.
At fret the members of the jury re-
fused to talk relative their deliberations
behind locked doors. However, it was
finally considered no impropriety and it
was then learned that from the first bal
lot which was taken shortly after retir-
ing, Jurors Rees, Carswell, Bryan, Price,
Hossinger, Reynolds, Galloway and
Matthews voted for acquittal, andejurors
Thomas, Pilling and Baynard voted for
conviction, while juror Cannon though
declaring that he believed Kenney guilty
in the face Of the testimony, voted a
blank.
Several jurors gave as their reasons for
voting for Senator Kenney's acquittal
that in face of contradictory evidence
they gave the benefit of the doubt to the
defendant The jurors who believed Mr..
Kenney innocent beyond reasonable
doubt we're few.
The four men who believed the de-
fendant guilty say that such conclusion
in their minds was reached after care
full consideration OF the testimony and
the documentary evidence before them.
Following is brief resume Of the facts
leading to arrest Of Mr.. Kenney and
others and the two trials OF Mr.. Kenney:
May 20, lS97.-William N. Boggs,
teller First National Bank Of Dover, dis
appears.
June 4.-Announcemen that he was a
defaulter printed.
July 1i.-Directors of the bank met
and reported that the defalcation
amounted to $1O7, 900; capital of the
bank reduced from 500, 900 to $50, 900.
February 10, lS98.-Wiiliam N. Boggs
returned and surrendered to the United
States authorities in Wilmington. The
same day Ezekiel T. Cooper, Amos Cole,
Charles H. Butler and Thomas s. Clark
were arrested for aiding and abetting
Boggs and were placed under BAIL Boggs
was taken to New Castle Jail.
May 28.-New grand and petit Jurors
drawn for United States Court.
June 7.--Grand jury drawn in March
finds indictments against Richard R.
Kenney and six other men, including
William E. Cotter, Amos Cole and
Charles H. Butler.
June 8.-Kenney and others ar
raigned before Commissioner Smith and
pleaded not guilty, being released on
bail. IN. NJ. 1u rrfHI 1t.
June 1O.-Counsei for Kenney en-.
tered informal complaint against the
jury panel drawn, for the United States
Court. ~
June lS.--Counsel for Richard R.
Kenney fled protest against the in
dictment under which Kenney was ar
rested.
June 2S.-Argument on demurrer on
Kenney indictment finished.
June 29.-Kenney's counsel asked for
a postponement of his trial until Septem-
Der or October, later withdrawing the re-
quest. s0
June 3O.-Trial of Kenney fixed for
July IL, q postponement OF one week
from the original date fixed.
July Fourteen Of the twenty-five |
counts in the indictment against Senator
Kenney stricken out by order Of the
Court in answer to demurrer filed by de-
fendant's counsel.
July n.--First trial of Kenney is COM
menced.
July l8.-Kenney testifes in his own
behalf.
July 23.-Judge Edward g. Bradford
charged the jury.
July 25.-Jury disagreed and were dis
charged. /
August 2.-New indictment found
against Kenney, charging conspiracy.
December 6.-Second trial is COM
December 16. Judge Edward G.. Brad.
ford charged the jury.
December 19.-Jury failing 10 agree
after being out three days, 10 discharged.