New-York tribune., 1901-02-23
KENNEDY JURY DISAGREES
Mr.. MINTYRE SAYS DENTIST WILL BE
TRIED AGAIN.

6 FOR CONVICTION IN CASE OF MAN
CHARGED WITH THE MURDER
OF .'DoIAY" REYNOLDS.
Tho sury in the second trial of Dr Samuel J.
Kennedy. charged with the murder of 'Dolly"
Revnol6s I'm the Grand Hotel on August IL,
ls9S disagreed yesterday. Dr. Kennedy will
have another chance 10 establish his innocence
Iie is again in the Tomhs an cell No. -, second
tier. old prison. formerly occupied 10y Roland
r. MolineuN and may be released on hail pend
ing third trial. which viii be held at an early
date in the Court Of General Sessions.
The verdict OF the Jury awaited with
much Interest yesterday. Mrs. Kennedy arrived
early ~ the Criminal Courts Building, after
sleepless night. and accompanied by her
father and mother. Mr. and Mrs Samuel ".
Eaton. and her father-in-law, Dr. Kennedy,
Mrs Florence Eaton. Dr. Borden ana Mr.. Hayes.
They went 40 the matrons room, where Mrs
Kennedy said that she was confident notwith-
standing the charge Of Justice Fursman, that
hor husband would accompany her home. Mrs
Kennedy had q visit from General J.. J.. Moli-
neux. who called 10 express his sympathy for
her and 10 cheer her and the prisoners aged
father.
The crowds in tho corridors Of The building
We're so large that the police cleared the building
Police lines were extended about the building
Those who had gained admission 10 the court
room held their places.
A little before 10 O'Clock all of the Kennedy
party except the wife Of the prisoner took
their places in tho courtroom. and General
Molineux sat near the har, now and then look
IA over 70 Dr. Kennedy's father. who sat with
-eddened eyes and downcast face. When the
,Ieneral could catch the eye Of the old man.
Ii IA
brightly. Now and then there was a faint smile
,a response. At l2:45 =. an. recess until =
O'Clock was announced.
THE JURY COMES IN.
At go p. m. when the jury had been out
tWentS three hours and five minutes. the door
a. the Jury room opened by the court officer
Who was within and word was sent TO Justice
-ursman I'm his chambers that the jury wished
report. Twelve exceedingly weary men file ]
toRly into the box some Of them so tired that
hey seemed scarcely able 10 drag themselves
along Justice Fursman took his place on the
oench and the prisoner was brought from the
pen. AT the door stood his wife, who whispered
n word Of encouragement. and then drew back
nto the passage.
Gentlemen, have you agreed upon verdict?"
lsked Justice Fursman. after the customary
calling OF the roll.
James klaber. the foreman. arose. lie was
pale and nervous. in low voice and hest
tatingly ne said
i can speak for myself only. am unable to
speak for the others cannot be persuaded
This was interpreted as bearing out the most
persistent rumor OF the morning that the jury
had been ii for acquittal and for conviction,
the one being the foreman.
Gentlemen, you have been out practically
twenty-four hours" said Justice Fursman, Il
will therefore discharge you.
But before j want to warn not
disclose TO anAbody anything that may have
occurred in your jury room on account OF the
possible effect on any future trial OF this case.
] warn the court officers who may have had
opportunity 10 know anything about the pro-
Ceedlngs not 10 disclose anything. il any OF
them do, ] will see that they are promptly dis
charged. Some of the newspapers have been in
forming the public how YOU have stood from
time 10 time Presumably all this guess
work"
John r Mcintyre, who was retained by the
District Attorney 10 prosecute this case, then
arose and said:
ION behalf Of the state ! want to say that this
defendant will Ice tried again"
his WIFE B.Ds HIM GOODBY
Mrs. Kennedy hurried upstairs 10 the corridor
20 meet her husband on his way back 10 the
Tombs. There she was Joinej by her relatives
and they each Grasped Kennedy's hand when he
came that way and accompanied him along the
corridor - the pen Mrs. Kennedy hade her
husband goodhy as he was led across the bridge.
While I did hope for acQuittal." Mrs Ken
ledy said, and did believe that the jury would
disagreement, owing 10 the charge Of Justice
Fursman. I do not think that IL was fair 10
my husband but must not discuss that. A
disagreement is certainly hetter than a conVic-
tion. and j am sure that my husband viii yet be
free
When Mr. Moore Of Moore & Cantwen, coun-
sel for Kennedy. asked whether ne would
apply for bail for the prisoner. he said Not at
this tifne.' ana declined 10 say when the appl-
cation would he made
Justice Fursman's warning effectually stopped
rhe usual sources OF information as 20 the bal
lots taken by the jury. hut there is good au-
Thority for the statement that the jury took
many ballots and stood all night 20 I Tor con-
Niction, and that the final vote was q 10 for
conviction
Mr.. Mcintyre said after the adjournment of
the court that any motion admit Dr Kennedy
20 hail would be opposed 10y the District Attor-
ney While NJ had not been retained 20 try the
case again. ne could say that the third trial
would be in General Sessions Justice Furs-
mans time would be fully taken up with other
important cases. Tie thought that the third
trial would take place soon.