Birmingham state herald. (Birmingham, Ala.) 1895-1897, 1896-05-20
INNINGS OF THE DEFENSE
Two Propositions: Criminal In
timacy, Unbalanced Mind.
SENSATIONAL TESTIMONY
Is Adduced in Support of Both-The interest
Is Intense-Yesterdays Proceedings
at Every Step.

ues undated. The court room has been
crowded all day with eager listeners,
about half of them being friends Of the
defendant from Selma.
The state rested it's case early in the
day, and the defense got well under way
with witnesses. Mr.. Francis l.. Pet
tus of the counsel for the defense has led
during the day in the exam;na tion of wit
nesseS, and Mr.. White has cross-exam-
ined for the state. The defenses line
from the opening has been to establish
relations of criminal intimacy between
Mardis L. Wood and Mrs. Kennedy, dat
ing from the summer of 1894, when they
were both visitors to the health resort
at Livingston, Ala, and covering the
whole period up to the shooting of April
Il of this year.
The defense also undertakes to show, it
appears that the.current rumor in Selma
and elsewhere of these Illicit relations
reached the ears of Robert H. Kennedy,
the defendant, about February rs last,
after his wife had left her home in Selma
and gone to Louisiana, which was the
temporary home of Mard.s L. Wood. The
defense proposes to show that this knoWl-
edge so worked upon the mind of Robert
I'll. Kennedy that he became unbalanced
upon this particular subject to such an
extent that his entire manner, disposi-
ton and habits were changed, and that
he was in this state of mind continuously
from the time that the fact of Mrs. Ken
nedy'S infidelty became known to him
until the tragedy. How well the defense
has succeeded in establishing this theory
is shown in the testimony adduced to-
day.
Court was called to order at 1915 this
morning.
j. Fl. Lumpkin
was the first witness and he took the
stand at 1856. He testified: L live in
Selma and am chief of police. L was here
on the morning Percy Wood was shot.
Was in front of Exchange hotel. Went
to the depot in hack. Percy Wood was
| lying on the platform. Had a converse
ton with Percy Wood. He told me he
had been shot in the back by Kennedy.
Said he did not know Kennedy was in
| fifty miles of him. Said he was going to
die and asked me to look after Mardis.
l did not see any weapon about him. He
was lying on the platform. His head was
| in the direction of the Windsor. l saw
| him again at the Windsor. He was then
undressed. He asked me to send tel
egram. Asked me to say first that Mar
dis was wounded and then to say that
both he and Mardis were wounded. L
was not present when the effects Of Per-
cy Wood were turned over to his father.
The cross-examination was in refer
ence to the character of the defendant,
which the witness said was good.
Redirect-Mr. Kennedy has been
sheriff for three years Think he has
been attending to the duties of his office.
Have seen him on the streets a good deal.
Cross-Mr. Kennedy's office is at the
court house. 1t is about a half mile
from the business portion of the city.
I dc not know if he has been actively
engaged in the discharge of the duties
of his office for the past few months. 1
met him frequently al an insurance Of
flee, which was place where we gath
cred. He had no special business there.
Mr.. Felix Wood,
brother of Percy Wood, testified: Am
brother of Percy Wood. 1 have with me
the coat and vest worn by Percy Wood
at the time of the shooting.
The coat and vest were produced and
offered in evidence by the state.
Cross-examination-P Wood and
Mardis Wood were about the same height.
They usually wore the same kind of cloth
ing, except that Mardis wore different
cut of coat. From the back they looked
as much alike as two men of the same
size would look. Mardis was possibly
little broader. Except the difference in
the cut of the coat, they dressed very
much alike.
Redirect-Percy Wood had lived in Sell
ma all his life. Mardis lived in New Or
leans for eighteen months before the
shooting, but claimed Selma a. his home.
Both were we'll known to Mr.. Kennedy.
Percy Wood was a lawyer. Ma rdis Wood
was chief clerk in the office of my father,
probate Judge of Dallas county. His Of
flee was across the hall from the office of
the sheriff. They (Mardis Wood and Mr..
Kennedy met at least once day for 1855
days of the year up to the time Mardis
left Selma.
A Legal Tilt.
At this point Solicitor Lomax stated
that the state had three witnesses whom
the state might desire to introduce. One
lives in Mobile, one lives in Troy and the
other is said to live In this city. If the
court would allow these Witnesses to tes-
tify the state would rest, but If the court
would not allow this the state would ask
reasonable recess to allow the state to
have these witnesses before the court.
The court supposed that there would
be no objection to a recess as requested.
Mr.. F. l.. Pettus objected to the propo-
sition of the state, and submitted that the
proposition was unreasonable, and held
that 1t was only speculative adjourn
ment He held that the state should be
required to make out It's case first.
Mr.. Lomax spoke in support of the re-
quest, and asked that the state be per-
mitted to introduce these witnesses In
the event of their arrival during the
progress of the trial. He thought that this
request was reasonable.
The court granted the request to allow
the witnesses to be examined on their ar
rival, and Solicitor Lomax then an
nounced that for the present the state
would rest
THE DEFENSE.
The first witness for the defense was
doll 10 COLI Il 1.-Two Ut