The Leavenworth weekly times. [volume] (Leavenworth, Kan.) 1870-1880, 1871-12-21
State ". enae0y.

U
Gafney; heard the four shots; saw Gafney
fall at the first fire, after which, Kennedy,
advancing, stood over deceased and fired
three shots, then walked rapidly away.
10. Stiles and Mrs. Williams gave sub.
stantially the same testimony as upon the
former trial.
DIR. Fields described three several wounds,
not necessarily, but that would generally,
prove fatal.
Mary Morissey-Liyes corner OF Chey-
enne and FIrh street; was at kennedy s
house after church, about O'Clock; Mr..
Kennedy was in the dining room; Mr..
Mckinley brought up refreshments at Mrs.
KS request, then went into the front room
and began reading book; sat ten minutes
near the centre of the room; came back INTO
the dining room and went out OF doors, out
of side door, on the west side, on Pawnee
street: noticed nothing unusual about Mr..
K: heard the report OF pistol while there,
abou; ten or fifteen minutes after h. left the
house; X. treated his family as pleasantly as
usual: rather quiet people.
John Riely-Was policeman in January
las: saw NJ. Kennedy in the cell of the
calaboose on that day; conycrsed with Ken
nedy.
Defense objected; overruled.
Asked Kennedy what was the matter; X.
replied, 81 am neither drunk nor cIszy;"
he asked me, "How's that man ~ replied,
"You ought to know; he was dead in three
minutes" he said, THAT was what | want
ed" his manner was steady, and he did not
appear excited.
FOR DEFENSE
The killing and the manner thereof were
admitted by the defense in their statement Of
the case, rnd the plea OF insanity, taking the
form OF a jealous monomania relied upon.
Mrs. Kennedy, married l6 years ago to the
prisoner. and aged 40 years, was al home
sick on the first Of January, 1870. Dir. h.
returned from church at l. o'clock, N. had
known John Gafney six weeks; boarded
with us; had not been boarding with Us for
three weeks; before the first of January he
quit boarding with us because my husband
had spoken to me vulgariy Of him, and l
babe him leave; up to that time my h1s-
bands conduct had been kind; my husband
asked ne why did not bring one of my
children to the wake on the occasion of Mrs
Williams death; he said he was out on bad
business tia, night at the stable; he said he
would not believe Almighty God ii he came
down and said was not out At the stable;
at nigh, he was restless, and screaming in
his sleep; once l walked him up, and he said
two men wene pulling him out of bed; this
was frequent; there was no difficulty between
my husband and Mr.. Gafney outside of ,his
suspicion; he is not drinking man.
Q-Had anything Occuyed before?
Objected to; overruled.
About five years ago my husband had a
like suspicion OF a young man OF our &C
quaintance; he became violent and accused
me of being bad woman.
On the morning Of the first OF January,
he called me into the front room and said he
would show me my sweetheart; he looked out
Of the window and pointed to two men on
the corner OF Fifth street; one was Gainey;
said if he was as good a nan as Gainey it
would be well for him in the sight of God;
when he had these spells he not look like !
himself; there WAS no cause for his suspi- |
cion; in the sight of God have known no
man but nv husband; during his lucid in |
tervals lie has very little SLEEP.
Cross examined-He would get up during
these spells ten or twenty times in the night
he made charges against me thousand |
times; saw the pistol with Mr.. Kennedy
at some time within the two weeks succeed |
ing the time that Gafney left.
Re-examineG-On the occasion of his |
spells his face was of dreadful color; that |
[ cannot explain or describe.
Thos. Casey-Have known Mr.. Kennedy /
for ten or eleven years; saw him on the first |
Of January in the calaboose; went down
with Mr.. Reilly; had conversation with
him in the cell; he seemed to be in a very
excited state; did not hear any conversation
between Kennedy and Reilly; Mr.. Kennedy's
reputation is good.
Mat. Malone-Saw the defendant in his
cell on the first Of January, 1871; he was
very much excited; told me, in answer TO a
of mine, THAT man has ruined me
md my family" could not say if he had
been drinking.
Mr.. Sheenan-With Mr.. Neeian. took
prisoner to the county Jail; he said, taking
out some keys, ''this is for the bureau draw
pr, which contains the key Of the front door;
hat he had locked the front door SO Gafney
could not come in while he watching behind
he stable; that another key was to box
No stairs" lie was very much excited;
looked wildly, asked who was up stairs; took
hold of INV arm nervously.
Dennis Neelan testified 10 substantially |
the same facts as Sheehan.
DIR. Phelps, a practicing physician.-Have
known prisoner twelve years; character IS
good; ! have studied insanity as other |
diseases; mental excitement and trouble will /
produce it, and jealousy is considered one of
the most general causes.
Q-S,ate to what extent does this cause |
Ia affect of prclucipy insanity
Objected to; overruled.
1t is considered among medical all horities |
one of the prime causes; there is such thing |
as uncomfortable impulse, and may exist TO
such an extent that the party, although |
knowing the wrong, cannot refrain from
the act; ON the facts elected,
stated alphabetically by the counsel, ! would
consider him insane, with no power TO con-
troll his impulse; ifhc should suddenly see the
object of his insanity should not suppose he
could control his action;-if he were deprived
of sleep three weeks for that cause it would
be stronger grounds for believing him insane;
in such condition he could possibly prevent
its being made apparent to the casual OBJ
server; cases of insanity frequently defy the
most expert physicians to detect them; there
are cases in which persons are insane in one
particular and sane in every other way; there
is an insanity that produces a disposition to
kill; have treated many cases of insanity, but
none resulting from Jealousy; delusion
may exist with the power OF
that il is such;
love and hate will oftimes produce insanity,
and il doe not differ from any other insan-
i:y; can give no definite physical effects;
watchfuiness, loss of sleep, appetite, &c,
would lead me to believe the person insane.
If a man believe that he has been wronged
by another, and is disposed to injure only
that person it would not indicate insanity,
but on the contrary would evidence sound
reason.
DR.. Thomas-The immediate cause of in
sanity is undue excitement OF mind. Jeal-
ousy is one Of the most common causes. On
the hypothetical casa parallel with the tes-
timony would say the party was insane,
and on seeing the person. whom he consid-
cred had wronged him he would have no
power to Withstand his impulses. Such a
condition might escape the notice of casual
Observers. The insanity of homicide may
be directed against one or many. The sus.
picion of infdelity on the part Of wife and
husband is one of the most common causes
of monomania. l have had several cases;
have seen persons insane from jealousy
alone. Svmptoms-wakefnlnes melan-
choly, not socially inclined, reserved; not
necessarily any organic arrangement.
The following gentlemen whose names fol-
low, testified to the good character OF the
prisoner: