The sun., 1901-06-16

benches. Mr.. and Mrs. Reynolds. the
father and mother OF the murdered girl.
came soon after and took the seats they
have occupied during all the trial. The
kennedys looked bright and confident.
Mr.. and Mrs, Reynolds. both Of them quiet.
kindly looking people OF rather dim indi-
yidualty, presented the same calm front
they have shown during even some OF the
stormiest scenes OF the great struggle.
When Kennedy himself came In II was
obvious that the faith he had expressed
AT the close Of Fridays session in favor.
able result was genuine and that he had
| slept well upon it, His face al all times is
OF the serene. composed type. and as he
confronted the jury yesterday II was al
most smiling. II was apparent that for
| all the kennedys anything short OF an
acquittal. and that z speedy one, would be
The jury itself, although composed for
the most part OF mon apparently Of ex-
cellent physique, showed some evidences
Of the wear and tear Of the long siege. ii
will be six weeks next Monday since the
trial began. In all that time not session
iuryInen has been excused for a moment
from the box. But OIL Friday Juror
No. 3. Mr.. Schafrer. showed the effects
Of the drag upon him. He became very
pale while Mr.. Osborne was speaking
and II looked for time as though he would
collapse. A drink of water revived him
and he sat through the day. Yesterday
It was Juror No 4 who showed signs OF
weakness. He too. was very pale and In
the middle of Judge Newburgers charge
he had to be excused and was conducted
out Of the room by deputy. He returned
in about half an hour and there were no
further Interruptions.
II was Just iO.35 when Judge Newburger
began his charge. lie read it from the
sheets before him slowly and with clear.
level intonation of voice that fitted ad-
mirably with its utterly unbiased, colorless
character SO far as either side OF the con-
troversy was concerned. SO free wns II
from all leaning either the one way or
the other that II might well have been an
academic lecture Of an exhaustive charae-
ter upon the legal questions applicable
TO the facts laid before the jury for con-
sideration After stating the general
proposition that the indictment against the
degree, the Judge proceeded in terse.
lucid way to expound to the jury the defini-
ton OF homicide and then the definitions
Of the various degrees OF homicide known
10 the law. II there was hint even Of the
faintest 10 indicate his own mental attitude
II was perhaps In the length at which the
Judge dwelt upon homicide in the second
degree and the possibility OF a person who
took anothers life coming within the
second degree boundaries by reason Of
being intoxicated or under the influence
OF drugs at the time OF the commission
Of the crime. But even the insistence
upon tMs point was so slight at to be barely
discernible.
In support OF all his instructions his
Honor quoted abundantly from authorities,
and this In particular when he advised
the Jury as TO the weight proper to give 10
circumstantia evidence In the same
way he treated the alibi plea as defence.
I,,sv .afiA H.,,,t.t Iona md ala,-
thoritative text books to show that II al
ways was plea To be received with caution
from the ease with which alibi testimony
may he obtained and he pointed out further
that II was doubly suspicious II not set up
at once. or II, after once being set up. II
were Withdrawn for. another The law
governing reasonab bic doubt as he expounded
il TO the jury was broadly favorable TO
the prisoner. Judge NewhIrger pointing
out particularly that il there were reason-
able doubt as 10 the alibi testimony the
defendant was entitled 10 the benefit Of
that doubt
Judge Newburger's charge lasted Just
twenty-one minutes less than two hours.
and at 1920 O'Clock. after a few moments
delay In the box, the jury went out. One
of them had a suit case and another a small
hand bag which they handed over into
the care OF Mr.. Brophy. the clerk Of the
court
OplnlOn was evenly ulNlueu as 10 WnetheT
the presence OF these articles meant the
jurors belief that they would get away
In time 10 catch boats or trains out Of town
for over Sunday, or whether they had come
prepared TO camp ont for night or two.
Mrs. Kennedy went with her husband TO
the Tombs where she took luncheon with
him. and remained all the afternoon. Mr..
and Mrs. Kennedy, the father and mother.
went away with Mr.. Moore. the counsel.
but soon returned 10 a room in the Court
House, where they remained. all the rest Of
the day.
At noon Deputy Peter Seaman with
seven deputies under him took the jury
to the Astor House for luncheon. At
o'clock in the evening Judge Newburger
sent them TO the same hotel for dinner
under Mr. Seaman and his deputies. giving
them until o'clock TO return.