, 1866-02-08


GIN WITH the a:funpsttu that there had been de-
ilbcrzte and studied attempt, on the part o. the
el fer The defence 10 deceive the jury to keep
lie tnn forcitly replied TO IN attempt on the part
Of the defence 10 put the psoeecution IN = false
leh1. b, mlsrrpEescntinR the conduct Of the Arof-
rEpy, be procetded to dl..ect The systeIa OF
The de9enoe, II MAS, he ka1d. nothing more than
*Finsn and Gnhb'ns are ionocent and as they stsnd
X 10 ss as nea1 Sc
sid b. the defence that there nothing to show
that Kennedy rat principal in the crime: whereas
sos5-aidsng, atettipg and assisting ia tie commits
s:bn # crime-it nr1t etpa anu ehaIl be go puu.
ifhcd- In this one decent Is attempted The defence
thai Kennedy went along With these men. Theevi-
derce snows that Kennedy asked finsn II he knew
where the Sand Ridge was. md ssseswasdr Finan
lived. Kennedy did not iii ftnaa tsss 1t wss III
aunt that was sick, because Finau knew him and
NonId catch him tn the lie, go be got Fleming A
a. riIot tor ,nesn be did not leave then-no. en On
Thai tempe6tupus night he went ont with 1heIn
the eix milcs-for What purpose may be conceived.
principal 70 Finan. to accompany them. and Flnan
conscptine 10 do 80 TO oblse Fleming. made The
hsft great difference between them. Retrieving
still ir1tbe1 The evidenee the States Attorney gays
mtn Who htsed Fleming and Corbctt, knowing
their ehalacters-that they could be hIfed 10 cnt
the threat L.. Of siespin 6aes for ay cents md
the assertion Of The defence hat probably
kernedy knew nothing Of the murder nntll be saw
ii mentioned tn The papers, be ta.t that the EVIL
depce Of Mra. Ma1oncJ, Fipau and Gubhlns showed
that Kennedy Was one OF the fhreo asssssns At The
door, say he a,.aek upon tae door, heard Re shos
mark, -come along. that will do" Isitto bcsnppos~
ed TINT be knew nothing Of the murder Then arAsn,
re evidence shos's At Finan Fas forced to leave
no uzg1ne-be got ont ard started OF at once.
The difference between them then wns that Ffnan
&C. da 1e snom pa Tse1e M fasy Ws gon Or wat
ttey we're going 10 murder *'Ta1or Alaioney." and
led lie way for that purpose Finn and Gubbsns
rhos % ecaa ee no pose sHie
information Of the crime they only suspected Ind
been transacted. Kennedy. however. was present,
e9s The e ps sss NJ H.. dSSr H.,
il while the second arcd Two Of ihcm muet have
to ns S xh III u 5asa 1s
1itse entry, three feet squar-, the door of which
tley Ind broken in, and knew all ahoutihe murder.
Yet he concealed The murder Of which be well
knew, md even Jet dc9let that he was ont there
that night F3pan and Gnbhns. on the olher hand,
ns focn n they knew that their hves were not en-
dansessa sase T. iu md tse Information IN The A.
the counsel for the defence have endesyored to
make II eceua that these men. t1nau and Kennedy,
are exactly IN the tar1e poeitio9+ Mr. Reed then
rrseitrd 10 Kennedy shrest In the Fprlnc Of 1866,
10 Finap. 'I1 knew yon couldnf keep secret
you would not lire Notwithstanding thai The spirit
Of r., tentsns. s ~ nq, T.. xafng .hst Fleming
but i fhscat thai he, Kennedy, would do 50. II Is
ihe keynote. which showe The murder in his bean
llat light. h* NIL kpo.ledgs I'D malicious Pr.
shoued hos poweriu,1y thsy. displayed kcn.
neay's mnrdctons inten, controlling ihc Others 10
md Nnffr kt a
and co-musdererr who hare bcen hung for their
tas 2; M is 1 e
defence. thai the ch1nec oi yruue had been ontaa-
cd rom Eh,csco. becapse those professional jury
men gave their verdict according to the wishes Of
employment as Jurors. This he pronounced untrue
and injurious ouly to the reputation Of the juror
ans e,en. Of Ghaso hn, Of the officers 81, q The
pasted 10 the promise Of Mr. Van Atuan IN the
opening OF the case, thai he would introduce eyi-
denee TO prove the past good character Of Kennedy
! vice was fnto1cation. Yet Notwithstanding this
promise, the defence has notintnoduced one witness
lo prove this supposisit,oas good chatac,cf They
offer nothing but in lngen10ut supp0sftion OF a
eoph1sn. against the damntng accumulation ofey1-
dcnee agsinst JOHN Kennedy.
The pcro1aifon Of Mr. REEDS iorcbte, clear. and
of1ep eloquent address. WIS m earnest appeal 10
them TO consider the difference between reasona-
BE doubt md the mere superstition Of doubt lie
also chlCd to thft. minds the fAt{ that two Cyt1l
pals associated With Kennedy had been already
hanged on the snme eytdence nAed IN shAs ease and
that If they found this Indn Innocent they wo1)d
also hayeto call hack 10 life The men who, IL thai
mcsc true would hare been The victim. ot judicIs1
murder. Rereechtng them 10 weigh well their ves
dlet. The .ta,c'e ATTORNEY closed the case.
! Tie Courl gaze the following Instructions to tbe
The instruction given By the Judge to the Jar,
| WE - tolloNk:
Ioe fGnft @ ins9neIs inc JIiy tns! muiass y tnt
nniawt1l mn Ei4tns OF % a hnm.a neinS i9 nc peace O
] press o. Implied. 49,,
..it+ .M r. ssI ,s%1 w a, sa'
e1derabc nroTofsfinn afneare ar when ali thn CIR
cum.taDcra Of 1ha ktl1tnc show a, shan6oned and
mailEnant heart. '''''
,hs, beil.Sc ROM ,bs eyiasnee bc9an3 @ na,
be doubt. Inst Patrick Maioney mas unlavtaliy
INN a, char,.rd in thr indjcffnent snd ihat tbt
defendant, John Kennedy, trns present and IN any
Nay or 1nsnner aided, abc;ted Of assitted in such
sbonsh lie tuyy may teliese nom III esidspce
thst tone Other peFson actuajy nred he snot thai
.ia s1o ssn s1DoS1 nenSs no s0os''e 'oF Sn
T'hc roi,,f frr4her instrncts The inre thst rA..
.ono,it stoxt1 mesns IN Iasr se1sent sutstrnfn7
.T see,i fn.eJ = etn1HS .rI ~ ~. rsr. wa a.hts
~ oT i1oSh1 1''@ w. $'-' -1eA~
esenee Toa esIond ne onb
~ s,roed N 1he sa1 ad th.i H. aetnd
a. 1a sns s% ans H. s ~,
e.deS and abetted tr as.is I'd In such kflnr. thei
~ sue 3n.5 s. wv ~ ~ ~. ~ ~ :nch Si;nv
Ths .onr, ~ insIsnrts n. inrg thtt walnut .,,
| drn,,l enness l. no cxcnee for cline,
| " w. 49, 80 -
! Et Tue COURT.
4" The Court exejudct from the insy sll he e. statt
ments OF Coroett made Aner the alleged ki,lins Q
upon Re 1fon tsat 9! Re saEta:s bsEopd aaa on
the herring Of !he defendant S9a "a NJ re aesisss
MSn 1890. w @ ~ t Sssy t,y a. asstE :,
noeence ct the defendant
NS1Hrcuoss ron the DEFEstE-
l. II the Jury have reasonable doubt As 10 th
r111.t pl The tu7kanes Of the offence charged IN th
fndlctIneut tbeu tie iar1 should Ind the prfsont
20, gully. -
3. the Jury in determ1rtng the truth Of the s1ri
should exclude I'D reect rom sheir consideratio
every jact The ,.uth Of which IL not established b.
yond reasonable doubt, and in giving effect TO ii
I e.1tcnee offer 3 ara1pst the prisoner the 1nE
! ei;ouId exclude md rr,ect ever Iact which
frasonably consistent with hls innocence and civ
weight md eject only 10 *nch factE ID tann<
when one of more facts a1e reasonably c.pabie
suo Interpretations o. czplanalion', one conslsel
with the guilt the Other with the innocence of ii
prisoner, the jury are bound 10 adopt thai tulern
iat1ou or explanation which Is consistent with b
trnoctnce.
.. If the 5nry find from the esidens
, time md place mentioned In the indictment. NJ
,hsi the shot which cauzed b. death mas fired /
either CoTbett Fleming or The pE7soney bnt are III
able from The evidence to determine by which !
tboee pc1rpns The raid shot ms fired iheu the IN,
ought 10 consIdc1 and decide de case precisely
. lbey would consider and decide II II Il had be-
. Or Fleming. md not by the prisoner.
4. II the jury shall Believe Ifom the evidence thu
r the deceased Maoney was murdered at The tim
, lie shct causing his dea,h was ared By Corbet
Fleming or 1hc pr. oncr and that corbett, F1emu
and The p.jspper Hete present al the time OF Il
rr1nr Of eald shot. .t,tf If the 591y arc unabje
! determine from ,hc evidence which Of them h,s
ihc pace aud tiruc Of ibe mtfder, Il not OF lfse
alone satident % ju+tify his conviction OF the
s. Deiofc thc Inrr cnn md The prisoner guilty
'he otepee charged in ,oe indietmsnt, they must
douV that prior to The nrine Of the shot wh1,
ca.lAed the deash Of Mnoney, The prisoner was nj
= co.nnir ench murder.
1. II an iDnocen, cause OF motive for The asesen,
Of the 1,r.soper al the tuc aad pase Of the .nnsc
II eifhtr nro,rn ar can be reasonably inferred fro