The Savannah morning news. (Savannah, Ga.) 1900-current, 1901-06-17
ANOTHER MISTRIAL
JURY UNABLE TO AGREE IN KEN
NEEDY CASE.
DOLLY" REYNOLDS MURDER.
DIR. KENNEDY's THIRD TRIAL FOR
HIS LIFE.

His Attorney VIII Now Move to
Quash the Indictment-Charged
with the Murder of DOLLY" Reyn-
oIds in the Grand Hotel in New
York in August, 1898, He Was First
Tried and Convicted, Granted a
New Trial and Has Since Had Two
Mistrials.
New York, June 16-The twelve men.
who, since 1915 o'clock yesterday after
noon, at the conclusion OF the Judges
charge, considered the evidence in the
third trial of DR.. Samuel ]. Kennedy for
the murder of Dolly" Reynolds, reported
to Judge Newburger at 1O:25 O'Clock last
morning that they were unable to agree
on a verdict. The Judge at once dis
charged the jury from further service and
remanded the prisoner to the Tombs.
When the foreman of the jury an
nounced the inability to agree, Dr. Ken
nedy 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
his appointment. But the smile that
had been marked through most of the
trial came back quickly and began to
grow brighter as he caught the eye of
Mr. Moore, his attorney. Immediately
after the adjournment of court the at
torneys for the defense saw Judge New
burger 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 pursued. 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.
To Quash the Indictment
Mr.. Moore will ask District Attorney
Phibn to move the quashing of the
indictment, and if the latter does not
take this step to free DR.. Kennedy Mr..
Moore himself will make that motion, ar
guing that the state has shown twice it's
inability to convict the client of the crime
charged, and that the old idea of two
disagreements being equivalent to an ac-
quittal ought to prevail in this case.
On the first ballot taken the six who
were willing to vote in advance of a dis
clssion of the case, Stood For acquittal,
two; for conviction of murder in the
first degree, three; for second degree, one.
The other six put in blanks.
The first formal ballot resulted: For ac-
uuittal six; for conviction, six. The
next ballot stood: For acquittal, seven
for conviction, five.
Thus the jury stood until the sixth
ballot was reached, when the result was:
For acquittal, eight; for conviction, four,
and four more ballots resulted, the same
way, ten in all being taken.
The story of the Crime.
Emeline c. Reynolds, better known as
Dolly" Reynolds, was found dead with
her head crushed in room at the Grand
Hotel, Aug. 16 1898, where she had gone
with man answering Mr.. Samuel ].
Kennedy's description. according TO the
testimony of witnesses. In the dead wo-
mans corsage was found a check for $1S,-
600, signed Dudley Gideon" and in
dorsed by Samuel ]. Kennedy" The
police theory regarding this was that il
was in payment of alleged winnings at
the races.
The evidence showed at the trial of the
case in the criminal branch OF the Su-
preme Court in the spring of 1899. that
the woman's skull had been crushed with
piece of lead pipe. alleged traces of
which pipe on DR. Kennedy's clothing
were alleged to have been discovered by
the police. Dr. Kennedy was convicted
and sentenced to be executed at Sing
Sing The Court of Appeals, on Nov 20,
1900, handed down a decision granting
a new trail to DR.. Kennedy, and he was
prosecuted before Justice Fursman dur
ing the latter part Of last year for the
second time. The trial resulted in a dis
agreement. District Attorney Philbin
transferred the case to general sessions,
and assigned Assistant District Attorney
Osborne to prosecute it. The third trial
began May 6.