Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1898-12-22
THE JURY FAILED TO AGREE
No Verdict in the Case Against
Senator kenney.
TEN FRUlTLESS BALLOTS TAKEN
The Jurors Out Almost Seventy
Hours.

T
l Hours.
On one or Two Ballots, the Jury stood
Ten for Acquittai, One for Conviction
and One Blank; aud on the other Ballots,
Eight for Aoquittai, Three for Conviction
and ono Binnk-1he Jurors Discharged.
After having had the case of United
States Senator Richard II. Kenney
| under consideration and hearing for
| two weeks and after deliberating on
the evidence for nearly three full days,
the jury returned into the Federal
court room about 4.20 o'clock Monday
afternoon, reported its inability TO
reach a verdict and was discharged
from any further attendance. 1t was
| the second body of 12 men who had
failed to reach unanimous decision
as to the guilt or innocence of Senator
Kenney. Whether ho will pe given
another trial depends upon the decision
of the Department of Justice at WASH
ington.
The Jury had taken 10 ballots and
although they generally stood eight for
acquittal, three for conviction and one
blank, one or two ballots were very
close to verdict, 10 voting for acquit-
tai, one for conviction and one blank.
So that the standing of this jury was
more favorable to the defendant than
that in the previous trial, when seven
voted for acquittal and five for conyie-
tion, except when one of the five oc-
casionally voted with the seven.
From information received, the fol-
lowing classification sets forth how the
jurors generally stood:
For acquittal- Galloway, Demo
crat, farmer, Laurel; George Reynolds,
Democrat, farmer, Milford; w. G..
Bryan, Democrat, optician, Whining
ton; Francis r. Carswell, Democrat,
4 architect. Wilmington; James ii. Price,
4 Democrat, chief railroad clerk, Will
| mington David Rees, Democrat,
farmer, Clayton; James Hossinger,
Democrat, capitalist, Newark; Samuel
e. Matthews, Republican, farmer,
Gumboro.
For Samuel FL. Baynard.
Republican, jeweler, Wilmington; r.
L. Pilling, Republican, superintendent
If mill, Kiamensi Andrew I. Thomas,
2epublicaa, editor, Milford. -.
Voted blank--Foreman William j.
Cannon, Republican, farmer, Seaford.
When the vote stood ten for acquit-
tai, one for conviction and one blank,
Mr.. Baynard is understood TO have
voted for conviction and Mr.. Thomas,
blank.
The Jury was brought into the court
room by Judge Bradford in response
to a communication sent by them to
him in the morning, In that note,
they announced again their inability
to reach verdict and asked to be dis
charged. About o'clock in the after
noon, Judge Bradford sent word to the
jury to prepare to come into the court
room, and also had counsel notified
that the Jury would be brought III Mt
a. l5 O'clock. The arrival of attorneys
at the Federal Building, Senator Ken
ney accompanying John Biggs, his
junior counsel, and Andrew q. San
born, who is associated with Levi G..
Bird, the Senator's senior counsel, and
by his private secretary, Adiutant-
General Garrett j. Hart, attracted per-
sons from the immediate neighbor-
hood, SO that when the jury was
brought in about 4. 90 o'clock, possibly
% persons were present, and the mum
ber grew while the proceedings were in
progress. United States District At
torney Lewis @. Vandegrift was in his
usual place and Judge Edward G.
Bradford was on the bench when Clerk
$. Redmond Smith asked the jury il
they had agreed upon a verdict. t8
Foreman Cannon replied: 1--WE have
Judge Bradford-tG -tGentlemen of the
jury, you all feel that it is impossible
for you to arrive at verdict in this
case?o b
The jurors-"We do" Ii
Judge Bradford :" Gentlemen, it has
now been three days, less 10 minutes,
since the court read it's charge to the
jury, and by half-past 6 O'Clock on
Friday night you retired to your cham,
ber to deliberate upon this case. 1t il
not the function of the court to coerct
or attempt to coerce the Judgment oi
the jurors, because after all it is the
Judgment Of the jury and not any con,
clusion by the court, if 1t has any,
which is to guide you in endeavoring
to reach verdict. a@3
II may say that the court is very
much disappointed that in u case Of
this magnitude, occupying so many
days, q verdict has not been reached
which will terminate of itself tn,
further prosecution Of this defendant
1t is matter Of very great regret tx
the court, but as say, you 12 men are
the men who must conscientiousl,
determine upon verdict, if any is t,
be reached, and the court does not foe
justified in detaining you longer OF
this case.
with the aid Of the schedule
which went into evidence by the agree
mont of counsel on both sides and will
the sundry admissions made by coun
sci on both sides, the court feels tha
you have had full and fair opportunit,
TO reach a,verdict, il verdict coult
be reached between you. Il
had supposed that verdict of th,
Jury one way or other would be reached
within "a hours after you left thi
room, but it has not been reached yo,
have been out approximately three day
and you have not reached verdict
and you have stated your absolute ina
bility to agree; under those circum
stances the court now discharges yo,
from any further attendance upon thi
court. y 4S
The judge further instructed TIL
Jurors to prove their attendance at th
clerks office and remain in the build
ing until the exhibits which had beei
placed in their possession as parts o
the case had been checked up. Intens
interest was evinced by ali present a
mo proceedings which closed with tn
discharge of tho jury.
:, AS to the question OF the renewal o
Senator Kenney's bond of $4,000, i
to later.
while the jurors, who looked littl
the worse for their three days confine
lncnis were proving their attendance, a