Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1899-10-19
KENNEY'S CASE DROPPED
he Will Not be Again Tried in the Dover
a Bank DefalCatiOn Cases.
DISTRICT ATTORNEY MAKES MOVE
For Leave to Nolle Pros the
Indictment.
JUDGE BRADFORD GRANTS PERMISSION

In the United States Circuit Court
shortly before noon Friday, on motion
of United States District Attorney
William Michael Byrne. the govern
ment entered nole prosequi in the
case against United States Senator
Richard r. Kenney, who was tried
twice on charges Of aiding and abetting
William N. Boggs, the defaulting teller
OF the First National Bank of Dover,
to emEezzle, misapply and mis-
appropriate funds of the bank to the
extent of S23, 46l.9l, and conspiring
with him to violate the laws of the
United States. At each trial the jury
could not agree and was discharged.
Today's action terminates one of the
most important cases ever before a
court in Delaware.
With few preliminary remarks Mr..
Byrne read his motion, which had
been reduced to writing. 1t was as
follows:
1.-The case of the United States VS..
Richard r. Kenney has been on the
dockets of this court for some time,
and the district attorney represents that
in the course of his official business he
has reported the above case to the De-
partment of Justice and was directed
| by the said Department of Justice to
! report thereto his views as to the like
lihood of verdict should the said case
be set down for trial at the bar of this
court; that following said instructions
| tho said district attorney reported that
| the above stated case had already been
| twice tried at the bar of this court, in
each of which trials the contentious of
the government were formulated with
great expense and advocated with con-
spicuous zeal and ability by the then
district attorney; that the cause Of the
defendant was represented by eminent
and distinguished counsel and that the
volup,nious evidence was carefully and
Complementary summarized by the
Judge presiding at the trials in charges
4 commeudable for their lucidity, force
and inirartiality; yet, Notwithstanding
these conditions the jury in each trial,
selected with great care, after mature
and prolonged deliberation, were un-
able to agree as to the guilt or limo.
cence of the defendant; that the said
district attorney has no reason to be-
lieve that further trial Of this case
would result differently; that the pres
emit instructions eof the said district
attorney from the learned attorney gen.
eral OF the United States, while stating
that the government expects its inter
ests In the various judicial districts tc
be maintained with vigor and,deter
mination, state also that it is not tbt
policy Of the government tc undul,
prolone cases nor to retain indictment:
against citizens, where despite a care
full and adequate presentation OF thu
contention of the government a deflnit,
result is not likely from multiplicity
of causes to be attained. Wherefore
the said district attorney makes thi:
motion to this honorable court for thu
consent of the said court to enter OIL
behalf of the government nolle prose
qui in the above stated case
Judge Bradford granted the reques
and ordered that it be so recorded oil
the docket.
District Attorney Byrne, when seei
after court, declined to discuss tn
matter, stating that he had given hi
reasons in his motion to the court.
Senator Kenney was indicted twic
and tried twice. The first indictment
which was found by the grand jur
sitting in the Federal Building in thi
city, on June 7th, 1893, charged hin
with aiding and abetting Boggs to EN-
bezzle, misapply and misappropriat
funds of the bank and oonspirin
with him to do those things, and th
second indictment, which was found o
September 9th, 1898, charged him wit
. conspiring with Boggs. The first tria
which was on the first indictment
, began on June. 18th, 1893, and the jur
l was discharged, being unable to agree
r on June 25th. The second trial beea
/ on December 9th, 1898, and the jur
. was discharged on December 18th.
5 Levi q. Bird of counsel for Senate
9 Kenney, was present in court this morn
: ing, but made no comment upon til
8 action Of the district attorney.