The daily morning journal and courier., 1901-02-23
KENNEDY JURY DISAGREE
UNaBLE TO REACH VERDICT AND
 ARE DISCHARGED.
All Warned by the Court Not to Disclose Anything That Occurred in the JHry
 Room-A Well Founded Belief That the Jury stood Eleven to One for Ac-
quitsal-AMother Trial.

New York, Feb. 22.-The jury in the second trial of pr. Samuel J. Kennedy,
 under indictment for the murder Of
 Dolly Reynolds, to-day disagreed and
 the accused is again in the Tombs in
 the cell formerly occupied by Roland
 B. Molineux. By the disagreement the
 prisoner is further removed from the
 death chair to which he was once sen
 fenced. He may be released on bail
 pending third trial, which will be held
 at an early date in the court of general
 sessions
 Mrs Kennedy arrived early at the criminal court building accompanied by
 her father and mother, MT and Mrs.
 Samuel w. Eaton, her father-in-laW, Dr. Kennedy and other friends. They went to the matrons room, where Mrs. Kennedy said that she was confident that her husband would accompany her home. While awaiting there Mrs. Ken nedy received a visit from General E. l.. Molineux, who called to express his sympathy for her and the prisoners fla ther. When Kennedy was brought over the bridge from the tombs his wife greeted him affec.ionately and spoke words of encouragement as she sat with him and waited for the jury. Those who had gained admission to the court room held their places all morn- ing. Shortly before 10 o'clock all of the Kennedy party except the wife of the prisoner, took their places in the court Nfo1t col the bar now and then smiling encourage ingly at pr. Kennedy's father.
 When Justice Fursman took his seat on the bench at 10:15 a. m. it was thought that the jury was ready to re- pert but at 12:45 a recess until o'clock was ordered. At 2:40 D. m the jury had been out twenty-three hours and in five minutes word was sent to Justice Fursman that the jury wished to report.
 Justice Fursman took his place on the bench and the prisoner was brought from the pen. At the door stood his wife, who whispered word of encour- agement and then drew back into the to await word as to her hus- bands fate. Kennedy entered the court room with quick step. He glanc- ed a moment at the grave faces of the iurymen and sat down, pale and com. posed.
 Gentlemen have you agreed upon a verdict?" asked Justice Fursman, after the customary calling of the roll
 Foreman James Klaber rose. He was | pale and nervous. In low voice and | nesitatingly he said: T can speak for myself only. I am unable to speak for he others. I cannot be persuaded from ny position"
 This was interpreted to bear out a | persistent rumor that the jury had been eleven for acquittal and one for con- fiction, the one being the foreman. The prisoners face showed no change as the brennan spoke. He listened intently to he low spoken words of the judge and hen settled back in his chair and smll- d faintly. Justice Fursman then dis harged the jury and warned the men lot to disclose to anybody anything hat occurred in the jury room
 John F. Mcintyre then said: "On be- lalf of the state I want to say that this defendant will be tried again" The urors then filed out, the justice left le peIlcH, heIlHeuy SHOOK nanQS With is counsel, More and Cantwell, and hen accompanied the deputy sheriiffs n charge of him back to the Tomhs 1rs. Kennedy bade her husband good we as he was led across the bridge
 Justice Fursmans warning stopped he usual sources of information as to he ballots taken by the Jury, but there ; good authority for the statement hat the jury took many ballots and tood all night eight to four for convic- ion, that on the last ballot one jury ian went over to Dr. Kennedy's side nd that the result was final vote of even to five for conviction Mr. Me ntyre said after the adjournment of he court that any motion to admit Dr. to bail would be opposed by