The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-06-17
Last Ballot Taken Showed Four
Jurors for Conviction and Eight
for Acquittal OF the Prisoner.
NEXT STEPS TO BE TAKEN
DEFENSE WILL ASK STATE TO
QUAsH THE INDICTMENT.
Failing, VIII Move to Quash on It's
own BehaIf-The Crime and the
Preceding Trials.

NEW YORK, June 16-The twelve men
who, since lis o'clock yesterday afternoon,
at the conclusion of the judges charge,
considered the evidence in the third trial
of DR.. Samuel j. Kennedy for the murder
Newburger at 1925 o'clock this morning
that they were unable to agree on a ver-
dict. The judge at once discharged the
jury from further service, and remanded
the prisoner to the Tombs. When the
foreman of the jury announced the inabili-
ty to agree DR.. Kennedy seemed unable to
comprehend the situation. Then the tears
came TO his eyes, and his face showed the
effort he was making to control himself
and crush his disappointment. But the
smile that had been marked through most
of the trial came back quickly and grew
brighter as he caught the eye of Mr.. Moore,
his attorney.
Immediately after the adjournment of
court the attorneys for the defense saw
Judge Newburger in regard to their next
step in behalf of DR.. Kennedy. The Judge
said that they should see District Attor-
ney Philbin as TO whether he would agree
upon the courses to be pursued. He said
that he (the judge would be out of town
tomorrow, but that they could appear be-
fore him on Tuesday to make whatever
motion they desired.
Mr. Moore will ask District Attorney
Philbin to move the quashing of the in
dictment, and If the latter does not take
this step to free DR.. Kennedy Mr.. Moore
himself will make that motion, arguing
that the State has shown twice its inability
to convict his client of the crime charged.
and that the old idea Of two disagreements
being equivalent TO an acquittal ought to
prevail in this case.
On the first ballot taken the six who
were willing to vote in advance of a. dis
cussion Of the case stood: For acquittal.
.; for conviction of murder in the first
degree, 8; for second degree, l. The other
six put in blanks.
The first formal ballot resulted; For ac-
qulttal s: for conviction, 6. The next bal
lot stood: For acquittal. Z; for convic-
ton, 5. Thus the jury stood until the
sixth ballot was reached, when the result
was: For acquittal, S; for conviction, 4,
and four more ballots resulted the same
way. ten in all being taken.
Emeline c. Reynolds, better known as
'.Dollie" Reynolds, was found dead with
her head crushed, in a room at the Grand
Hotel on Aug 16. 1895, where she had gone
with a man answering DR.. Samuel j. Ken
redy's description, according to the testi-
mony of witnesses. In tbs dead woman s
corset was found check r $4,000, signed
Dudley Guideon'' and incorsed by Sam
uel ]. Kennedy" The Tolice theory re-
garding this was that 1t was in payment
of alleged winnings at the races.
The evidence showed at the trial of the
case in the Criminal branch OF the Supreme
Court. in the spring OF 1899, that the wom-
ans skull had been crushed with a piece
OF lead pipe, alleged traces of which pipe
on Dr. Kennedy's clothing were alleged 10
have been discovered by the police. DIR.
Kennedy was convicted and sentenced to
be executed at Sing Sing
The Court OF Appeals, on Nov. 20, 1900.
handed down a decision granting a new
trial 10 Dr. Kennedy, and he was prose-
cuted before Justice Fursman during the
latter part of last year for the second
time This trial resulted in a disagree
ment District Attorney Philbin trans
ferred the case 10 General Sessions, and
assigned Assistant District Attorney Os-
borne 10 prosecute IL. The third trial be-
gan on May e.