Morning journal and courier., 1885-04-04
THE NEW LONDON MURDER CASE.
Nine For Kennedyss Conviction
Three For Murder I'm The Second

Nine For Kennedy's Conviction
Three For Murder I'm The Second
Degree.
The jury in the Kennedy murder trial at
New London rendered verdict of guilty of
murder in the second degree. J. P. Kenne-
dy who killed his wife with an last June
and had pleaded insanity, was sentenced to
State prison for life He smiled when the
verdict was announced, but appeared indif-
ferent to the sentence.
Judge Phelps thanked the jury for their
patience and attention and discharged them.
The jury stood nine for conviction for muir
der IN the first degree and three for murder
in the second degree. The three who dis
sented from the finding of the other nine did
not consider the question of insanity in the
least, but bel that the prisoner committed
the act in a gust outburst of passion caus-
ed by Bridget Hickey's calling for his wife
to come out and join her after he and Lizzie
had gone to their room.
a The evidence of this came from Kennedy
himself at second hand through Officer Cul-
len, witness, who told the story of a con-
versation with Kennedy in which he gave
this one of the occurrences of that fateful
night.
Douglass and Tanning, counsel for Kenne-
an appeal.
QUESTIONS WHICH AGrTATED THE JURORS.
The jury in the case after having been de-
iberating some time came back and inquired
of Judge Phelps whether the searching for
the axe in dark room below suggested suf
fcient generalization. The judge said: It is
said in some cases that moments time is
sufficient, but the law doesn't fix the precise
time at all. 1t is for the jury. If you ara
Ha1 hot fhnrn tIr)oa anO
reconciliation and elaboration, and time
enough for deliberation, that the act was
premeditated, you may find or may not, &C
cording to your own notions about that about
the time which was occupied by the prisoner
which has not been fixed by the testi1nony-in
going down stairs for the axe and returning
with it constitutes deliberation or not.
Juror, Gates then enquired: If he was in a
height of passion would that have anything
to do with it?
Judge Phelps-Yes. it would have some
thing to do with fixing the grade of the
crime. If man was in state of frenzy,
transport or passion arising out of great pro-
vocation and excitement and his mind was
in that passion when the crime was commit
ted, he had lost his self control and power of
will, etc.. why that would have very impor-
tant bearing uoon the degree. Murder in the
first degree only be malice, premedita-
ton and elaboration The jury the-f retired
following question was handed to the Judge;
The question is this If there was premed-
itation and sudden burst of passion which
resulted in killing would it be murder III the
first degree or second degree?
Well, it would be difficult to answer that
question by any direct statements. II there
was generalization sufficient tine for de-
liberation and malice it would be murder
in the first degree, unless it was committed
upon some provocation that arose
out of it. Provocation and excitement
must arise at the time of the
killing in order to excuse the prisoner from
the consequences of murder in the first de-
gree. If you find, as 1 said before, that
there was enough generalization, malice and
time for elaboration, and if you find indie
pendently of that that a quarrel arose there
between these persons, and upon some great
and sudden provocation and some excitement
which took away from the prisoner his self
control and the proper operation of his will,
why it would be murder in the second de-
gree.