The age-herald., 1901-06-17
They Stood Eight for Acquit- tai and Four for CORViC-
 ton on Last Vote
FIVE BALLOTS WERE TAKEN
The Noted Prisoner Shed Tears of Dis appointment When the Jury
 Made a Mstrial-Motion to Quash Indictment.

New York, June 16.-The twelve men who since 12:15 o'clock yesterday, at the conclusion of the judges charge. consid- cred the evidence in the third trial of Dr. Samuel J. Kennedy for the murder of Dolly" Reynolds, reported to Judge Newburger at 1925 o'clock this morning that they were unable to agree on a yer 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 ina bility to agree, pr. Kennedy seemed una ble to comprehend the situation. Then the tears came to his eyes and his face showed the effort he was making to con trol 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 MT. 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 they could appear before him on Tuesday to make whatever motion they desired.
 MT. Moore will ask District Attorney Philbin to move the quashing of the indictment and if the latter does not take this step to free Dr. Kennedy, MT. Moore himself will make that motion, ar- guing 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.
 Ten saIiots Were Taken.
 On the first ballot taken the six who were willing to vote in advance of a dis pussion of the case stood:
 For acquittal, two; for conviction of murder in the first degree, three; for sec- ond degree, one.
 The other six put in blanks The first formal ballot resulted: For acquittal, six; for conviction. six. The next ballot stood: For acquittal seven; for conviction, five.
 Thus the jury stood until the sixth ballot was reached when the result was: For acquittal. eight; for conviction, four, and four more ballots resulted the same way ten in all being taken.
 Emelin c. Reynolds, better known as f'DOliy fteyDOiuS, WdS louiiu NOoN Wieh her head crushed in a room at the Grand Hotel. August 16, 1898, where she had gone with man answering Dr. Samuel J. Ken nedy's description. according to the tes- timony of witnesses. In tfse dead wom- ans corset was found check for $13,0Oo signed Dudley Gideon" and indorsed by "Samuel J. Kennedy" The police's the ory regarding this was that it was in payment of alleged winnings at the races.
 The evidence showed at the trial of the case in the criminal branch of the Su- preme Court in the spring of 1899, that the woman's skull had been crushed with a piece of lead pipe, alleged traces of which pipe on Dr. Kennedy's clothing were alleged to have been discovered by the police Dr. Kennedy was convicted and sentenced to be executed at Sing Sing.
 The Court of Appeals on November 20, 1900, handed down a decision granting a new trial to Dr. Kenndy and he was prosecuted before Justice Fursman dur ing the latter part of last year for the second time. The trial resulted in dis agreement The third trial began May G..