The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1901-06-17
kennedy NOT YET GUILTY
AFTER BEING OUT NEARLY TWEEN
TY-FOUR HOURS JURY AGAIN
DGSAGREES
PRISONER Is FRUSTRATED
Defendants Attorney VIII Attempt
to Have Indictment Quashed on
Ground of States InabiI-
ity to Convict.

NEW YORK, June 16.-The twelve
men, who since 1915 o'clock yesterday
afternoon, at the conclusion Of the
judges charge, considered the evidence
IN the third trial Of DR.. Samuel J. Ken
nedy for the murder of Dolly Rey-
nolds, reported to Judge Newburger at
1O:29 o'clock this morning that they were
unable to agree on a verdict. The Judge
at once discharged the jury from fur
ther service, and remanded the prisoner
TO the Tombs. When the foreman of the
jury announced their inability to agree
DR.. Kennedy seemed unable to compre-
hend 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 and grew
brighter as he caught the eye of Dr.
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
Attorney Philb-n as to whether he would
agree upon the course to be pursued
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 it's ina
bility to convict his client of the charge
named, and claim that this was tanta-
mount to an acQuittal and ought to END
this case. Five ballots were taken by
the jury. The first stood three for con-
viction and three for acquittal, with six
blank; the second ballot stood six fol
conviction and six for acquittal; the
third stood seven for conviction and five
for acquittal; the fourth was five fol
conviction and seven for acquittal; the
fifth and last was four for conviction
and eight for acquittal.
HISTORY OF THE CRIME.
Emeline c. Reynolds, better known as
Dolly" Reynolds, was found dead with
her head crushed in a room at the Grand
hotel, Aug. 16, 1898, where she had gone
with a man answering DR.. Samuel
Kennedy's description, according to the
testimony of witnesses In the dea(
woman's corset was found check fol
$4,000, signed Dudley Gideon and in
dorsed by Samuel j. Kennedy"
The police theory regarding this wa!
that 1t was in payment Of alleged win
nings at the races. The evidence showed
at the trial of the case in the crimina
branch of the supreme court in thu
spring of 1899 that the woman's skull
had been crushed with piece Of lea(
| pipe, alleged traces of which or
DR.. Kennedys clothing were alleged tc
have been discovered by the police. DR.
Kennedy was convicted and sentenced
to be executed at Sing Sing.
! The court of appeals onSJune 9, 1900
handed down a decision granting a nev
trial to DR.. Kennedy, and he was pros
ecuted before Justice Fursman during
the latter part of the year for the Sec
end time. This trial resulted in a disa
greement. District Attorney Philbi1
! transferred the case to general sessions
| and assigned Assistant District Attor
ney Osborne to prosecute it. The thirC
| trial began May 6.