Lovelock tribune. (Lovelock, Nev.) 1898-1912, 1911-11-30
CON KENNEDY
DECLARED TO
Be INSANE
Jury so decides in the District
Court and Kennedy is taken
to Asylm at Reno
BUSY SESSION OF THE COURT
New Venire OF 80 Jurors Summoned
to Appear in Court Friday
Morning

The Wiunemucca Silver State has
the following on District Court ,aat
ters:
The opposing counsel in the Tich-
enor case did not finish their ar
guments until late hour Thursday
night and it was after midnight be-
fore Judge Ducker finished instruct
ing the jury. Nothing was heard
from that body until o'clock yes
terday afternoon, when they came il
to court and Foreman Kramer re-
ported that they were unable to
agree, standing to 3. Judge Duck
er ordered them to again retire and
attempt to arrive at verdict.
At $3.50 Saturday morning. the
jury again came into court, when
Foreman Kramer stated that they
were unable to reach a verdict, stan
Ing the same as reported the pre-
ceeding day. They were thereupon
discharged from furthur considera-
tion of the case and were excused
until 10 & clock
While the deliberations of the
jury, are never positively known to
anyone, excepting the members. it
Is reported about the corridors of
the court house today, that the
jury stood 8 for conviction to 3 for
acquital. IL this is correct, defen-
dant will no doubt be placed on tria
"a second time.
When the Fredeubtab BILE Cornelius
Kennedy appeared in court for trial
yesterday morning he Immediately
ors were in the box when the ve-
nire was exhausted Court then
ktook recess until 10 o'clock, when
he panel was completed from the
Jurors dismissed from the Itch
enor case. At the opening of court,
this afternoon, District Attorney Cal
ahan opened for the State and the
taking of testimony was begun.
Kennedy was indicted for an all
eyed assault with intent to kill
upon Frank Foverly, at the mining
camp of Fitting. He Is being repre-
sented by Salter & Robins.
At tn opening of court this after
noon, Halter and Robins made apple
tion to Judge Ducker to have Kenn-
edy tried on an insanity charge be-
fore the criminal case was proceeded
with. The motion was granted and
the jury excused until the insanity
charge is settled Owing to the
fact that the names of but twelve
jurors remained In the box, spec
ial venire. was drawn and the names
placed in the hands of Sheriff Lamb
for service, the jurors to report in
asked Judge QUICKER for another
days time, without giving any reas-
ons for the request The delay was
refused and the work of securing "A
Jury was proceeded with. 1t has
since leaked out that Kennedy's re-
quest was not the result OF a
"hunch'' but he had been ribbed
np'' by his fellow prisoners at the
jail to believe that If he went to
trial on Friday he might better
plead guilty.
The jury sworn to try Con Ken
nedy on sanity charge was secured
Saturday afternoon and at the open
ing of court Monday morning, the
taking of evidence began. Sixteen
witnesses were examined during the
fore noon, a number of them being
persons who had been subpenaed on
the part of the State for the trial
on the assault with inten o Kill IN
dictment. The evidence was strong4
ly 1nQ1CdLlvt VI hclihONJ o pohh6 ~
unSound mind both at the time he
shot Foverilly and since then +
Shortly before the noon adjourn
mont both sides rested and at the
opening of court this AFTERNOON, the
jury was instructed by Judge Duck
or and the case submitted.
The jury after being out only a
few'minutes and taking but one boil
lot, returned into court with ver-
dict finding that Kennedy is insane.
The other jury in his case will be
discharged tomorrow morning and b
will bel taken to the State asylum in
few days. a
Saturday evening Judge Ducker
and CLERK Davey drew the names of
athirty-five additional trial jurors to
perve at the present term of court.
About half of the jurors are from
kyelock. The new jurymen are to
s-.l tn court Friday afternoon,
}ef 1st..
erday Judge Ducker cited Pet
bber to appear in court on De
r. Z and show cause why he
not be, adjudged in contempt
trt. Some months ago, Web
Id his wife were divorced, and
hurt ordered that he pay a
hly sum to his wife for the su