The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-02-18
WILL KENNEDY'S CASE
EVIDENCE THAT LED TO HIS con-
vICTION FOR MURDER.
There WINS No Mistake Made-StOry
of the killing of ID. NJ. Baker.
Special to the Indianapolis Journal.

1884, created a sensation here. For the
purpose of getting at the facts upon which
rested the conviction, your correspondent
called on Col. NJ. d. Tackett. of the law
firm of Bonner, Tackett & Bennett, and
also Judge John D. Miller, for a statement
in brief of the the part of the
State. The former at the time of the
viction was prosecutor and the latter was
employed as counsel to assist in the prose-
cution Those present at the trial, and
who are best qualified to give Judgment
are satisfied with this verdict and have
doubt of the vindic2 ZION of the law Those
not present and knowing only of the case
from statements made by friends of Ken
nedy, are the ones loudest in their declara-
tons of his innocence. The main point in
the statement in the Journal rests on mis-
taken identity, and Tilford Dickerson is
given as authority. Mr.. Dickerson is an
honest man and conscientiously truthful
but either he is mistaken in his evidence
or every witness who testified for the State
and defense are mistaken The evidence
nie In the Governors Office will show that
Dlckerson's man ran directly south from
the DE Armon House corner to the Silver
berg corner. keeping on the pavement all
the time, while the evidence for the State
and defense shows that the man who
fired the fatal shot ran from the De
Almond corner in a southwest course in the
center Of the street, and struck the pave
ment about fifty or sixty feet south of
the Silverberg corner, when he fired the
shot killing Baker. From the evidence
Dickerson was following different MEM
Der of the gang, as there were four men
engaged in picking pockets. There were
TOUR pickpockets together, two in front
and two behind. Constable Anderson who
was accompanied by Baker, Woodfill, Por-
ter and others in pursuit of the gang,
arrested one of the two walking behind,
when the one walking with the one ar
rested turned and struck the officer with
a pistol ard then ran, pursued by Baker,
Woodhll and others. who never lost sight
OF him from the time he struck the officer
till he killed Baker, being in close pur-
suit all the time. Officer Anderson held
on to the man he arrested and landed him
safely in Jail. The man so taken to Jail
was Wallace The only testimony or in
formation ever given by Wallace was that
the man walking with him when he was ar
rested was William Kennedy and that he
lived in Cincinnati, giving the number
and street. He was not intimidated or
threatened with violence at any time. anc
was not present and could not know VINO
did the shooting.
KENNEDY's ARREST.
kennedy was arrested in a saloon on Vine
street, Cincinnati, and at that time he had
on light colored overcoat He requested
the off1cer to take him to- his room so he
could change his clothes, as he did not
want TO wear his good clothes in Jail. His
request was granted and when he came
out he carried a dark colored overcoat
on his arm. The man who was walking
with Wallace, who struck Constable An
derson, who was followed by Baker, Wood
fill, Hittle. Porter, who shot Baker, and
who Judge Bonner met running wore a
light colored overcoat. Kennedy appeared
during the trial without an overcoat. with
his dress coat bu.toned up to give him a
slim appearance as possible.
When Kennedy was arrested he was
brought 70 GreenSburg indicted and taken
the Circuit, Court at that time to plead
to the indictment. When Kennedy was
brought in and pleaded not guilty Judge
Bonner called Kennedy's attorney, Judge
Moore, and the prosecutor to him and said
that he could not try Kennedy, as he was
incompetent for the reason that on the
night of the. shooting, while coming up
Rushville, where he had been holding court
no was within a few feet of the parties
fired the. shot ran past him with his pistol
in one hand and hat in the other The
Judge had fair. view at him and observed
9. peculiar scared look on his countenance
that impressed itself on his memory in a
way never to be forgotten. In conclusion
Judge Bonner said he saw before him in
the face of Kennedy the identical express
sion he saw on the face of the man who
killed Baker as he ran by him on the night
OF the murder. kennedy's frightened look in
court was due to fear of mob violence.
change, of venue was. taken to Rush
to try. the case, The grounds of Judge
Bonner's refusal to try the case
seed not OF a by any tin SO mani
substance to the above at the trial of
Kennedy. The trial occurred in an adj
joining county where there existed no ex-
element or prejudice against the defend
ant. Kennedy was ably defended by Judge
Blackburn. The first defense set up by the
Defendant was that of an alibi, there be-
fy that he was in Cincinnati on the night
of the. shooting and remained there all the
next day. This Testimony was opposed by
notably. a druggist who filled prescription
for him on the day following the murder,
on Kennedy's representation that it was for
his his sick nc wife, who afterward proved to be
noted resort at Indianapolis whose pro.
prietor was also present with two or three
of her lady boarders' who would have
testified that on the night of the murder
Kennedy to her house between -
and O'Clock and remained there that night
and all the next day. That line of defense
was abandoned, however, the defendant re-
lying on mistaken identity wholly for his
defense and not testifying in his own be-
half or giving any account of his where
aboutS on the night of the murder After
trial lasting about ten days the defendant
was found guilty of murder in the first
degree and given life sentence
EFFORTS TO SECURE A PARDON.
The statement that w lillian Summers
foreman of the jury. with seven others
signed a petition for pardon at the solicita-
ton of Kennedy's sister, is not wholly true
Summers was not the foreman of the iury
The foreman was Mr. Newhouse, father of
Representative Newhouse, who has refused
TO sign any petition for his pardon and for
such refusal has been threatened by the
friends of Kennedy. Judge Berkshire who
tried the case, always refused to sign a petit
ton for Kennedy's pardon or write anv
letters in his behalf but stated that the
testimony convinced him of his guilt The
testimony and reasons given for asking a
pardon, now before Governor Matthews
were before Governor Gray, Governor Hovey
and Governor Chase. The question is asked
here: ''Why did not Governor Gray then
pardon him, if believing him innocent and
not ask Governor Matthews to do that which
he refused to do?''
Since Kennedy's conviction an effort has
been made to fasten the crime on other
persons. The first attempt being to lay the