The New York herald., 1868-08-21

was In the possession of Hand as well as whatever
articles OF clothing he coula conveniently carry away
| Canada
ARREST, TRIAL AND CONVICTION.
Two or three days afterwards some OF the negnDors
OF Hand observed that there had been 80 signs OF
lie visible for some time around his dwelling ana
starving for want OF food Their fears being aroused,
several OF them entered the dwelling and found the
| scrbed.
The officers were at first baned In their at empts to
ascertain the murderer Inc STATE oi aua,s at .ne
supper and before breakfast and the food prepared
for the latter meal indicated that two persons were
room and even the walls Of It seemed to bear ire.
fuable testimony the facts Of the case, and point
to the conclusion, until the slight fbres OF dis
connected facts, when woven together, were evil
| dence strong as holy writ. Kennedy had gone to
Canada, and returned again in about week from
the time or the murder and at about the same time
| that his guilt positively suspected When ar
rested articles OF clothing, some Of them bearing
| bloody finger marks, that had belonged to Hand,
| were discovereo In his possession. The prisoner
strongly protested his innocence of the charge pre-
Jury on the 18th day Of February, and was tried &C
the June term OF the Court Of Oyer and Terminer,
a. Plat Potter presiding; He was ably defended BY
with marked ability. The jury found him guilty OF
murder. Upon being asked why sentence should not
He was sentenced to be hanged on the 10th day of
August last, but his counsel obtained stay Of pro-
decision Of the Court Of oyer and % Termner % and he
was resentenced by A. D. James to be executed on
Thursday, November 2l. On hearing the sentence
the prisoner said, 81 thank you; am happy manw
In sentencing him to be executed on Thursday
Judge James made something OF an innovation on
Friday was the only day that should be consecraed
TO the sable gloom and Nemesis retrbuti0n Of the
hangman.
THE PRISONER
Through the courtesy of Sheriff Chaplin your re-
porter was enabled to visit the prisoner In his cell
q day shortly previous to his execution. He ap-
peared in good spirits and conyersed freely upon
matters pertaining to himself. He was dressed in
gray pants knit jacket and figured vest, and wore
white shirt with striped paper collar and some
what fanciful necktie On table in the corridor to
which he was allowed access was the representation
OF crucidx drawn upon q sheet OF foolscap, at
which he had been at work, underneath which was
written with triae Of egotism ''Ihis was drawn
The prisoner admitted that he had made verbal
confession Of his guilt that day the District At
mplicate any else In the affair that stay OF pro-
ceedings would be obtained, and that he would be
sentence of imnrisonmeS Hs % mndo"bteGy aI en-.
deavOred to convince that Officer that he had
complce, but 1t seems that his story was not
Mdered worthy of attention, as the main points Of
the evidence upon which he was convicted led to
the conclusion that the deed was committed by one
Kennedy was never married.
THE LAST HOPE FADES.
The hope that something wonld intervene to pre-
vent, or at least to postpone the execution was en-
tertained by the prisoner until a few days previous
to 1t. This had been greatly stimulated by partial
held out to him by those wishing to draw confes-
sion from him. His counsel had assured him mat
any further efforts upon their part would be wholly
useless yet he still clung to the phantom hope and
expected mercy from the prosecuting authorities.
on the Friday morning previous to the day Of
execution SherlH chapln, IN company with number
or the Supervisors OF the county, visited his cell on
beholdng them the counienance OF the prisoner was
radiant with the expectation OF learning that some
!ate mad Intervened Its protecting power to save him.
but they had come to assure him that any ex-
pectation upon his part that the blow would be |
averted was doomed TO the bitterest disappointment:
that there was no power operating In his behalf that
could stay the progress Of the terrible machinery Of
the day fixed. This announcement he received with |
composure, and thanked them for informing him of |
the true state OF affairs.
THE SHADOW OF THE scAFFoLp.
All OF the appliances OF the law which ingenious
have been exhausted in this case immedately |
after the decision and sentence last recorded an ef.
Tort was strenuously made to obtain stay OF pro.
eeedings, In order to have the case go before the
Court Of Appeals for its action, with the hope OF Sc
curing new trial, owing to alleged inform altes In
the proceedings. The time set for the execution
however, rapidly approached without this attempt
having been successful
The ceu OF the prisoner opened upon corridor, to
which he was allowed free access and which over
looked the yard OF the JAIL where the scafrod to
this instrument Of death the jailer proceeded to his
cell for the purpose OF removing him another part
OF the building In order to spare him the torture
which II was naturally supposed would be inflicted
upon his mind by perceiving the preparations for
his approaching doom. He was quick to divine |
Being removed. "Do not thInk,n said he, "that |
care for your preparations or will be troubled |
by having gallows before Inc. ! am not made OF |
any such stun" He was allowed to remain and with
the utmost coolness viewed its erection from his |
window during the day. for the scafrod was new |
one executions being rare occurrences in st. Law |
renee county, and occasionally offering candid and
well received suggestion to the workmen engaged |
upon II. |
He also desired to see the sheriff and requested
very particularly that he might be furnished with
fashionable suit OF clothes for the event. and that
ahnyn oil fhn haaf tin hat n.,tlA a
should be provided, adding that his friends would
pay the difference in cost between it and poor one
as they would dislike to have his remains forwarded
to them In a cheap one.
Every preparation was made, the executioner was
present. the jurors assembled and many OF the invited
spectators oongregated, and Kennedy had retired to
his couch in the full expectancy that the mornings
sun would be the last one whose light he would
behold when, after nne O'Clock p. NJ an order
for a stay Of proceedings was served upon the
sheriff and the execution postponed indefinite
~ , Kennedy was as Of course at once q aroused
The intelligence he received very coolly remarking
that he was gad TO hear IT. but II the thing had to
ment for life, that 1t would be better had II gone
on.n
THE THIRD SENTENCE.
The case was not acted upon by the Court Of APP
peas until the June term. when the action OF the
denied, renting the case to the Supreme Court.
The prisoner was taken from his place OF condne.
ment to Caudwell. n. y, and on the l4th OF July
sentenced to he executed the 10th inst and then
retaken " Canton.
A PRETENDED CONFESSION.
on receiving the last sentence the prisoner ex-
pressed readiness TO confess his guilt and made
the following statement
knew Thomas Hand, whose was Thomas Jack.
had worked for him good deal and had about
the Deighborhood. Patrick Kennedy aud myself were
s SO with him and KIN Thomss Hana and ss wsa
had. said would not do IT, We drove up Heuyeton in
the sleigh and there got liquor drink Pat go, SO
drunk that way home from there he said no more
it. After that went 20 Canada stayed there das
and came back. saw Pat Kennedy again aud he wanted
me 20 20 with him and kill Thomas Hand. said would
not do it. Oeiensburg again in sleigh and he
wanted should 30 with him when we got back. ] said
ON the way back Pat was pretty drunk and he spoke
aqain about killing Thomas Hand When got back 10
Heuveon be to drink and got pretty drunk
so drunk drive. When he got to his house be had
got sober and he said In the time TO and Kill
Thomas Hand SO he took the lines and drove there
and held the while he and killed
Hand. had nothing TO do with and know nothing
about it.
to injure person for whom he entertained tmpaca-
bic enmy besides being totally opposed to the most
direct ana convincing evidence adduced at the trial,
that Ii recplNel alfeuLlOn.