Evening journal., 1899-10-13
SENATOR KENNEY'S
CASE DROPPED
Upon District Attorney Bryne's
Motion, Judge Bradford Order
ed a NOlle PrOsequi Entered.
a FAMOUS CASE SETTLED

O0AdHdtSe OhiJ hcpIcstnJdllVe
in the United States Senate is
Finally Disposed Of.
Upon motion Of United states Dis
.trict Attorney William Michael Byrne.
Judge Bradford sitting in United
States Court. to-day, ordered nolle
prosequi entered in the case Of Cover
ment VS.. Senator Richard r. Kenney.
For long time it has been suspect
ed that such action on the part of the
government in Senator KenDy's case
would be taken, but not until to-day
was the final step taken that disposed
Of case that created widespread in.
terest.
In his motion to the court for a
,nolle prosequi this morning, Mr.. Byrne
stated that the case had been on the
court docket for some time, and that
he, in his official capacity. had report
ed the above fact to the Department OF
Justice at Washington. and was di-
rected by the said department to re-
port his views on the likelihood of
verdict being reached should the case
be set down for trial at the bar Of this
court again.
CASE TWICE TRIED.
Acting upon instructions the district
attorney reported to the government
that Senator Kenneys case had twice
been tried, and IN each trial the con
tentions OF the government were for
mulated at great expense, and advo-
Gated with conspicuous zeal and ability
by the then district attorney
The cause OF the defendant was ably
represented by distinguished counsel,
and that the voluminous evidence pro-
duced was comprehensively summar-
lied by the presiding judge in charges
conspicuous for their lucidity and i'm
partially Yet, Notwithstanding these
facts, the juries, carefully selected af-
ter mature and prolonged delibera-
ltion. failed to arrive at a verdict in
.either case.
NO OTHER CASES.
Mr.. Byrne in his motion stated that
he had no reason to believe, in case
Iof another trial, different result
would be obtained That the present
instructions of the encouragement Of
the United States were TO the effect
that, although the government expects
it's judicial districts to be maintained,
It is not its policy to prolong cases, nor
TO retain indictments against citizens
where no definite result is likely to be
attained from a multiplicity Of causes.
"Wherefore. the said district attor-
,ney makes this motion to This honor
able court for the consent Of the said
court to enter on behalf Of the govern
mont, a nolle prosequi in the above
stated case" Mr.. Byrne concluded.
Judge Bradford granted the motion
as presented.
SENATOR KENNEY'S CASE.
Senator Richard Rollins Kenney was
first indicted on June Z. 1898. on a
charge Of aiding and abetting William
IN. Boggs to abstract the funds of the
First National Bank Of Dover. After a
long trial, in which masses Of evil
dence were produced the jury failed
to agree.
On September 6, of the same year
Senator Kenney, in addition to the in.
ldictment then pending against him
was indicted by the grand jury on q
charge Of conspiracy in the Dover banl
llooting, and it was arranged that botl
cases should come up for trial at the
same time. More evidence was pro
duced, and, as in the previous trial
le Lewis C. Vandegrift, then district at
torney. prosecuted the cases. but wa
d unable to secure a conviction, the jurl
al again disagrseing.
Al DOlh lidla oehdloi hcHH0' ~
Id represented by United States Senate
1; Gray and Levi c. Bird in the first in
he stance, and Mr.. Bird and John Bigg
i'll lat the last one.
Thomas S. Clark and William E. Cot
ter were tried and convicted on tn
barge Of aiding in abstracting the DO
IT, yer bank funds. and are serving term
st together with Boggs in Trenton penl
IS tentiary.
3 Colonel Ezekiel T. Cooper. who wa
ok also tried and convicted on the sam
charge. died in the penitentiary. Tn
cases against Cole. Ford, State Senate
J. Frank Alice and McGonigal. sim