New-York tribune., 1901-06-17
A DISAGREEMENT AGAIN
THE KENNEDY JURY FAILS TO
REACH A VERDICT.
NO DECISION YET ABOUT THE DISPOSE
TION OF THE CASE. BUT MR.. OS-
BORNE EVIDENTLY WANTS
ANOTHER TRIAL.

The Kennedy jury disagreed. standing s for
acquittaI to for conviction and was dis
charged yesterday morning by Judge Newbur-
ger. Consequently. after the lapse of almost
three years an expenditure by this county OF
about $4,000. and the WEAKNESS of three long
trials. responsibility for the murder of Dolly"
Reynolds is not yet fixed and DR.. Samuel J..
Kennedy. once convicted of this crime lay In
the Tombs last night with an excellent prospect
of having the indictment against him dismissed,
either with the District Attorneys consent or
by the ruling of some judge who would consider
a fourth trial superfuous.
Mr.. Phlbn not in town yesterday. He will
hold consultations to-day with Assistant District
Attorney Osborne. who has prosecuted the case.
and with the defendant's counsel in order to
S.eeife what s!iaif next be done Mr.. Osborne
would not tell yesterday what he would advise
his chief TO do. but he is suarting somewhat
from what may In one sense be termed his de-
feat the following remark that he made to IA
Tribune reporter last night is significant
Il think fourth trial would result in YER
dict OF guilty"
The jury was discharged shortly after 10
o'clock after having been out twenty-five hours
and Judge Newburger at once went out of the
city. He told defendants counsel that he would
not be back until tomorrow. but on that day he
Mr. Moore says he will ask Mr. Philbin to move
the auashins of the indictment and if ne does
not consent Mr. Moore Will make such a motion
himself arguing that the State has shown twice
its inability to convict his client of the crime
charged. and that the old idea of two disagree
ments being equivalent to an acquittal ought 10
prevail in this case
In case Of failure 10 have the indictment
ouashed. Mr. Moore will move that his client be
admitted to bail in a moderate sum, that he
be released his own recognizance.
Mr. Osborne says there several courses
5pen to the District Attorney. One is to hold
the defendant for a trial forthwith, a sec
ond is to quash the indictment, third is to ad-
nit Kennedy to bail pending a decision of the
course to be pursued, and fourth is TO admit
him to bail pending a new trial at some future
time. This bail may he pat at as high figure
as the courts think reasonable.
While Mr. Osborne would not give any hint
of which course Mr. Philbin was likely to take
the impression prevailed in the courtroom yes
terday morning that the District Attorney would
be inclined to move the quashng of the indict-
ment. or, least, agree to admit the defendant
to a nominal bail
There is a possibility. however that he may be
persuaded by that indefatigable fighter Mr. Os-
borne TO order fourth trial Mr.. Osborne said
yesterday that personally he did not care one
way or the other; but he also said: This is my
first defeat, and il comes distinct shock"
Unsatisfactory and indeterminate as the result
of the third trial is ii seemed TO crafty the
prisoner He maintained his rule. however, not
to talk TO reporters Mr.. Moore said he was
greatly disappointed at the result. but at the
same time looked really pleased with the next
best thing to an acquittal. He seemed to feel
confident that trial would not be ordered
Mrs. Kennedy seemed the most badly disap-
pointed person connected with the whole case
She had confidently expected to celebrate the
sixth anniversary of her wedding which fell
yesterday by taking her husband home a free
man and fully acquitted of the charge against
him. In tears she turned away as her husband
was led back to the Tombs