Birmingham state herald., 1896-09-05
GATES THROWN WIDE OPEN By Judge Winters Ruling in the . Kennedy Case. THAT PLEA OF INSANITY Will Permit the Introduction of Evidence to
 Show Improper Relations. A SENSATION CONFIDENTLY EXPECTED The State Closed Yesterday Afternoon. Only One New Witness Introduced,
 a Negro-Defense Starts by
 Proving Character.
A SENSATION CONFIDENTLY EXPECTED

Montgomery, Sept. 4.-(Special.) .)-Noth- ing new or sensational has developed up to this time in the testimony in the Kennedy Wood murder case.
 The only witness produced by the state up to this time who was not examined at the preliminary hearing of the case Is William Tate, colored porter, who is employed at the Windsor hotel He tes- tified that he was standing near the southeast corner of the baggage room. He glanced toward the ladies' waiting room and saw the defendant in the act of firing. He heard and saw the gun fire and saw the defendant, without talk ing the piece from his shoulder or nov ing out of his tracks, turn his. body slightly to the right and fire again. The witness then ran forward and saw Percy Wood lying on the platform and Ken nedy in pursuit of M. l.. Wood. This testimony is considered to be very im- portant, as 1t tends to carry out the de- fensess theory that Percy Wood was killed by the first shot and that the de- fendant did not deliberately fire at him @ second time after Mardis had moved away.
 MT. Bernard Gaston testified that he was standing at the southwest corner of the baggage room, just a few paces from u. The first shot attracted his attention and he looked up. Kennedy stood in front of him with gun at his shoulder. Mardis and Percy Wood stood some 20 feet to the north of him. After the first shot Ken nedy advanced a couple of steps, lowered and reloaded his gun, raised 1t to his shoulder and cried out Look out" to negro who was passing beyond the Messrs. Wood. After the negro had nov ed he fired again and Percy Wood fell. Mardis moved off toward the river and Kennedy followed him firing. MT. Cas- ton testified that the Woods had their backs to Kennedy when the first two shots were fired.
 MT. James Drakeford, MT. Dyer Rev. A. J. Briggs and MT. John Elliott, who were at the depot at the time of the trag- edy. testified to having seen part of what occurred.
 The state closed it's testimony this aft ernoon and the defense examined about dozen of its witnesses most of them being citizens of Selma, witnesses of de- fendent's good character, although a ne- gro hackman and several others testified to the suspicious actions of Mardis Wood and Mrs. Kennedy while at Livingston Springs together two years ago.
 The most important question of the case was decided by Judge Winter this afternoon. Under the plea of not guilty by reason of insanity the court held that lhc uSlSuudHl Cuulu lHlTOQuCe eV1Qence to show undue intimacy between Mardis Wood and the defendants wife, which is being relied on as the cause of the in- sanity which impelled the commission of the homicide on the principle announced in the Parsons case, S1 Alabama, and on the general proposition that insanity be- ing question of fact for the jury the cause claimed as producing 1t is q proper question for their consideration. The court held further that under the plea of not guilty such evidence was not ad- missibie. This decision will permit the introduction of the sensational evidence as to the summer resort associations, the rides together, the sojourn in New Or leans, etc. Some spicy evidence is ex- pocted tomorrow.