Waterbury Democrat., 1901-02-23
KENNEDY MAY: GO FREE.
Counsel Will Ask to Have Their Client
 Admit tied to Bail

Admitted to Bail.
 New York, Feb 23.-Dr Samuel J. Kennedy still is a prisoner ill the Tombs, his guilt or innocence undeter- mined legally. The jury selected to try him for the murder of Dolly Reynolds came into court yesterday af- ternoon divided in opinion and unable to agree on verdict. They were dis charged, and the prisoner was taken back to his cell, there to await new trial.
 It is probable that at the expiration of . month or six weeks he will be ad- mitted to bail, and if this is done the chances of his being obliged to fight for his life a third time are remote.
 Justice Fursman's instructions to tie jury were so positive and explicit that no one of the twelve men dared to discuss in the court room how the balloting had stood at the several stages of deliberation. But later in the day, after adjournment the rumor became general that the last vote stood il to l for acquittal, and that the one juror who refused to believe ill the innocence of the prisoner was the fore man. The earlier votes were said to have been to 6, then s to for con yiction, and then. after a changing about, q majority in favor of acquit- tai.
 The interest in the trial was main- tained until the last minute. A spe- cial cordon of police was necessary to keep in check the crowds that surged through all the approaches to the court room. Ur Kennedy's wife. with her father. mother. father-in-law and sis ter. entered the criminal courts build ,i,D+r i,,11t tlAf, h.A time set for the opening of the court. They went to the matron's room and waited there until told that the jury vas about to come ill and deliver its message of life or death.
 Mrs Kennedy had spent sleepless night. She looked pale and nervous. but made d brave effort to appear hopeful.
 While the party was waiting. Gen eral F. l.. MolineuN. father of Roland E. MolineuN. entered and sat down be- side the wife of the prisoner. The old soldier. who knew the agoniZing suS- pense of waiting for verdict. tried 10 cheer her up with words of hope and comfort. and she frightened per ceptibly as he talked 10 her.
 It was a long wait for the jury, and the strain began to tell on the faithful wife as the hours wore on and no word came. At 2:4O o'clock there came q babel of voices from the crowd ill the corridors. Mrs Kennedy, who was seated alongside of her husband. kept her eyes fixed on tie door through which the twelve men must pass. As the confused roar of voices reached her ears her face paled and she leaned toward her husband.
 They're coming,' she gasped, ''com- ing a last
 The jurors-five of them haggard for want of sleep-tiled to their places in the jury box. Justice I'urSman took his place on the bench. Mrs Kennedy withdrew to the passageway as her husband was brought from the pen. He was smiling slightly as he looked a each man of the twelve in turn. The clerk went through the usual call
 ing of the roll. and then repeated the ancient formula directing the prisoner to look upon the jurors.
 ''Gentlemen. have you agreed upon verdict?" asked Justice Fursman
 James Klaber. the foreman. stood up. He was pale and nervous. i'll a low voice and hesitatin@ly he said: T can speak for myself only. I am unable to speak for tine others. I can- not be pursuaded from my position" 1 Ills " dS lhlC1 pltttu bN tuS in the court room to bear out the l most persistent rumor of the morning that the jury had been eleven for ac Quittal and one for conviction the one being the foreman.
 The prisoners face showed nc change as the foreman made this an nouncement. He had leaned forward slightly to get q better view of the foreman'S face as he spoke. and his eyes moved swiftly to the face of the justice on the bench. He listened in tently to the low spoken words of Nh Fursman and then settled back in his chair smiling faintly.
 'Gentlemen. you have been out prac i tically twenty-four hours said Justice | Fursman. II therefore discharge you i John r. Mcintyre arose and said: i 'On behalf of the state, I want tC l say that this defendant will be triet l again."
 i As soon as the disagreement was an | nounced a court officer stepped ou l into the passageway where Mrs Ken | nedy stood and told her the result i She hurried up stairs to the corridor i above to meet her husband on his way back to the Tombs. There she Wa: 1 joined by her relatives, and eacl arasped Kennedy's hand when llt cahe lnal "aE ana Daue nm nopeI Il 1 goodbye.
 1 kennedy's counsel said they had no | fixed upon the time when they would 1 ask to have their client admitted tt
 bail. but it would be within q few 1 weeks
 l Kennedy has been in prison sine, l August l6. 1898. At 10 o'clock tha morning q chamDermaid in the Grant
 hotel found Dolly Reynolds dead ol
 the floor of room S4. A piece of lea( | pipe fourteen inches long was besid,
 the body. This was the bludgeon use, by the murderer. \ check for S13. .OOi
 drawn on the Garfield National bank l where Kennedy had an account wa l found beneath the woman's corset. l 1 was indorsed ''S. J. Kennedy" Banl 1 tellers swore that the face of the .checl i was in kennedy's writing Kenned