Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1901-06-17
JURY WAS UNABLE
70 AGREE ON VERDICT
THEIR CONSIDERATION of
THE KENNEDY CASE.
THE PRISONER WAS REMANDED.
MOTION WILL BE MADE TO QUAsH
INDICTMENT.
Ten Ballots Taken by the Twelve
Men, Six of Whom Voted Blank on
the First BallOt-The Defense Had
the Best of the Voting All
ThrOugh-A Review of a Notable
Murder Case.

NEW YORK, June 16-The twelve
men who, at 12:15 o'clock yesterday
afternoon at the conclusion of the
judges charge, considered the evidence
in the third trial of DR.. Samuel ]. Ken
nedy for the murder of Dolly Reynolds,
reported to Judge Newburger at TO- rs
o'clock this morning that they were
unable to agree on verdict.
The judge at once discharged the jury
from further service, and remanded the
prisoner to the Tombs. When the fore
man of the jury announced their inaihil-
ity 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 mis- disap-
pointment. 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 at
torney.
Immediately after the adjournment of
the 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 Philbin as to whether he
would agree upon the course to be pur-
sued. He said that he (the Judge)
would be out of town tomorrow, but
that they could appear before him on
Tuesday to make whatever motion they
desired. Mr. 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,
Nj. Moore himself will make that mo-
ton arguing that the State has shown
twice its inability to convict mis- client
of the crime charged and that the old
idea of two disagreements being equiv
alent to an aquittal ought to prevail in
this case.
On the first ballot taken the six who
were willing to vote in advance of dis
cussion of tie case stood For acquit-
tai 2, for conviction Oh murder in the
first degree 3, for second degree l. The
other six put in blanks.
The first formal ballot resulted:
For acquittal 6, for conviction 6.
The next ballot stood; ror acquit-
tai Z, for conviction 5.
rhus 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 Dolly" Reynolds was fund fea /
with her head crushed in room at the
Grand Hotel August 16, 1898, where she
had gone with a man answering DR..
Samuel J. Kennedy's description, ac-
cording to the testimony of witnesses.
In the dead woman's corsage was found
a check for $4,000 signed Dudley
Gideon" and Endorsed by Sam. J. Ken
nedy." The police theory 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
Supreme Court in the spring of 1899
that the womans skull had been crush
ed with piece of lead pipe, alleged
traces of which pipe on DR. Kennedy
clothing were alleged 10 have been dis
covered by the police. DR.. Kennedy
was convicted and sentenced to be exc
cuted at Sing Sing.
The Court of Appeals on November
90, 1900, handed down decision grant
ing a new trial TO DR.. Kennedy and he
WAS prosecuted before Justice Fursman
during the latter part of lust year for
the second time. This trial resulted in
a disagreement District Attorney Phil
bin transferred the case TO general ses-
sions and assigned District ATTORNEY Os-
borne to prosecute it. The third trial
began May 9th.