The sun., 1901-06-16
KENNEDY JURY IS SPLIT.
1T WAS UNABLE TO AGREE AND WAS
LOCKED UP OVER NIGHT.

At eleven o'clock last evening. after be-
ing out ten hours and forty minutes. the
Jury In the third trial OF Dentist Samuel j.
Kennedy for the murder OF Dolly Reynolds
was locked up for the NIGHT without having
reached q verdict. This was interpreted
by all who we're In the court room at the
time 10 mean that the trial was to end a.
the second had done. In disagreement.
Court viii convene again at 1880 this morn
Ing and. II by that time the jury has not
reached verdict. the Judge said last night.
he will dismiss them.
As the afternoon wore on with no word
from the jury. which had gone out at 1920
p. NJ. and II became more and more proba-
bic that another disagreement was In sight.
speculation began % to whether this
second failure to reach verdict would end
this celebrated case. Mr.. Moore. counsel
for DR.. Kennedy. said that he feared the
District Attorney would insist on bringing
the prisoner TO the bar for the fourth time
assaying that there would not be another
tial. Mr, Philbin, late In the evening. said
there would be no decision as to- second
trial ntil Monday or Tuesday.
II was not until about 10 o'clock in the
evening that practically all hope Of YER
dict last night was abandoned. AT that hour
Juror farnes sent out word that in the suit
case which he had left with Clerk Brophy
there were some cigars and that he would
ike the cigars
They we're sent 10 him and then every
NJ = "A -,
in the jury room and that it was a mere
case Of siege. This was the only COM
munication that came from the jury room
from the time they went out. The jurors
did net send for any OF the great mass of
exhibits which were kept under the clerks
desk with the order OF counsel on both
sides that If the jurymen wanted them
they were to have them.
II was evidently case Of argument-an
abstract proposition that needed no Illus
trations.
1t was observed that during the trial two
OF the jurymen made notes from the be-
| ginning OF the evidence until end OF the
arguments. This was commented upon by
the spectators as ominous of long debate
in the jury room.
The jury Is generally regarded as very
able one with number Of men on it who
have every appearance Of being able to
reach an opinion by their own mental proc
esses and Of clinging to It without much
regard to the arguments Of fellow jurors.
Mrs. Kennedy wife OF the accused had
to leave the Tombs where she passed the
afternoon with her husband She came to
the court house and remained in the ma
irons room until the Jury was locked up.
l Mr.. Kennedy. Sr,. remained with her part
of the time and part Of the time sat pa
tiently with the crowd in the court room
as the slow hours crept along.
There were some scores OF persons lnger-
ing in the Court House corridors and in the
street about the building all the evening
Al o'clock as Deputy Seaman took the
jury out to go 10 the Astor House there was
a large crowd at the door and it was evi-
dent their sympathies were with Kennedy
They shouted to the jury repeatedly let
him loose" Let him go,'
A still more remarkable demonstration Of
popular sympathy occurred when the
Kennedy party left the Court House after
the jury was locked out. large crowd
made up Of men and number OF women
who had been waiting in the corridors and
in the street surged around the prisoners
relatives as soon as they came out the
door. The Kennedy party. consisting o.
Mr.. and Mrs. Kennedy. the mother and
father Mrs Kennedy the wife. and Mr..
and Mrs. Eaton. the wife's father and
mother. made their way slowly toward
Broadway 10 take a car to the Staten
Island ferry.
The crowd followed them, increasing In
humb'rs every moment until Broadway
was reached. II was a silent crowd until
the party got on the south-bound car. Then
II broke. and gave cries OF You'll have him
all right Tomorrow Hurrah for Mr..
Moore," "Hurrah for Dr. Kennedy and
40 on until the car had got down the
street nearly a block.
Juror Thompson, who was taken III while
Judge Newburger was making his charge,
was reported late at night to be st IN in
disposed. but not seriously.
All kinds Of rumors as TO how the Jury
stood few about. but not one OF them had
any foundation in fact Mr.. Moore heard il
was ~ TOT aCqulttal 10 Tor CONVICTION,
others that it was to 8. As a matter of
fact. nothing save the order for cigars came
from the jury room during the entire time
they were out.
What with the rain and the fact that all
that there was left was the Judges charge
and that Judges charges generally are not
very exciting. the crowd in attendance
1t the opening OF court yesterday morning
was very much smaller than on former
days. During the last week OF the trial
In particular the pressure 10 get into the
court room was so great that at times II
required vigorous action on tho part of
the deputies to keep the doors from being
carried by sheer force OF numbers. Yes
terday moral suasion In gentle form
was all that was necessary 10 Keep the few
people that gathered in the corridors at "A
respectful distance. The spec To ors' benches
IN The court room itself were not more than
two-thirds filed when Judge Newburgcr
took his seat. Capt. Wheelock. chief Of !
the Court House squad. who has shown ad- |
mirable patience and tact and good |
deal OF both were needed in handling |
the great crowds In the room and at the |
aame time maintaining the order consis- |
tent with the dignity Of the court, had n |
sort OF holiday The deputies at the door