Birmingham state herald. (Birmingham, Ala.) 1895-1897, 1896-05-20

return of Mr.. Kennedy on Saturday
night he stayed until Monday morning
and returned to Selma. A day or so af-
forwards Mr.. Wood came back. He did
not register and 1 registered him and
placed him in room No. 6. This did not
please him and he had his baggage re-
moved to room No. 2. / had it moved
back to room No. 6. 1 talked to Mrs.
Kennedy about her conduct with Wood
and told her that she was clipping it
along at too lively gait for married
woman and that if she did not stop 1T
would cause talk. She made some light
reply. 1 talked with Mardis Wood about
this matter. He approached me and
asked me If was Mason. replied no,
and he talked to me about Mrs. Kennedy,
telling me that she had heard some talk
about herself and he told me ON his hon.
or as man or as a Mason, I do not know
which, that he had never done anything
wrong in my house. I told him that I
was glad to know It, for If I found out
that he did would surely put him out
of the house.
Wood and Mrs. Kennedy were together
every day during the time they were at
my house. l spoke of Mrs. Kennedy and
Wood to several gentlemen from Selma
before the shooting. / also told of the
conversation with Mr. Wood to Mr.. Mar
shall.
(Then followed a legal tilt as to the adj
instability of the testimony, the court
admitting the conversation with Mardis
WOODY
While Wood and Mrs. Kennedy were at
Livingston there was a daily association
between them. They walked good deal
together and on two occasions went out
driving together. They returned in fair
ly good time. Mrs. Kennedy occupied
room No. 8 all the time she was there.
Mr.. Wood at first occupied room No. 2.
1,atu
No. 6 was on the other side of the hall.
Cross-examination-I am friendly to
Mr.. Kennedy. The key between rooms
No. 2 and was in the door. 1 did not
take 1t out. I suspected Mr.. Wood and
Mrs. Kennedy of Illicit connection. Their
actions caused this suspicion. They might
have enjoyed Illicit relations on their
walks or drives. My conversation with
Wood, which l repeated to Mr.. Marshall
and Mr. Bender was not confidential
talk. Mr.. Wood told me that he and Mrs.
Kennedy had never had any criminal re-
lations in my house. Mr.. Kennedy, when
he returned, never looked over the regis
ter to my knowledge. He did not know
what room Mr.. Wood occupied.
Mr.. G. II. Rene
testified: I live in Livingston. Knew
Mr.. M. l.. Wood and Mrs. Kennedy. Saw
them together in Livingston. Saw them
walking around and in a buggy twice.
the town near the railroad. They were
on the east side of the embarrassment,
about forty yards from the road. 1t was
late in the evening. They were under
some shade trees. She was sitting on the
ground He was lying on the ground
and his head rested in Mrs. Kennedy's
lap. 1 told this circumstance to Mr.. Tis-
dale.
s-examination-I never told Ken
nedy about seeing Wood and Mrs. Ken
nedy in this position. Told it to Mr.. Tis-
dale that evening. I told him that
saw Mr.. Wood and Mrs. Kennedy under
the tree and that Mr.. Woods head was
lying in Mrs. Kennedy's lap. The place
they were was in full view of the rail-
road. I saw them from the public road
Recognized Mrs. Kennedy because 1
knew her.
In reply to question by the court the
witness stated that he mentioned the
lap scene to Mr.. Tisdale. Probably Mr..
George Fellows was also present
Mr.. Steve Smith
testified: Am resident of Livingston
Am acquainted with Mardis Wood and
Mrs. Kennedy. Saw them together in
Livingston about two years ago. They
were together great deal. Saw them
walking and driving. 1t was a frequent
thing for them to be together. They
were together more than once q day.
IDere are VefdnudlS ana seats IN the
public well. One night / saw them go
into the enclosure of the Presbyterian
church and sit on the steps. This was
about forty yards from the street. The
associations of Mr.. Wood and Mrs. Ken
nedy were always alone. No one ac-
companied them. Their conduct was
such as to- create common talk about
them in Livingston. Their conduct to-
wards each other was commonly dis
cussed in Livingston. / heard of Mr..
Woods head being in Mrs. Kenedy's lap.
Did not hear of 1t until after they left.
1 mentioned 1t to others. This fact was
generally talked about.
Cross-examination-T were both
guests Of Mr.. Tisdale They made no eff
fort to conceal themselves in their walks
and drives When they went into the
church porch they could not be seen from
the street except by some one who knew
they were there. These things constitu-
ted what was common talk. Talking was
done after they left. After they left their
that Mr. Woods head was in Mrs. Kenne-
dy's lap was the cause of the talk.
DR.. J. P. Nash
Live at Livingston, and was living
there in 1894. Know Mardis Wood by
sight. Saw Mrs. Kennedy several times,
My home is on first block from the depot.
Depot Is two blocks from Tisdale's hotel.
l. i've DeIWeeH Tic motel anu the depot.
The grave yard is about one and a half
or two blocks south of my house. Saw
lady and gentleman, whom / was told
were Mrs. Kennedy and Mr.. Wood, to-
gether. Saw them together frequently.
They were walking and driving. Saw
them walking together so often that the
fact of their being together was common.
The cemetery Is not a much frequented
place. Not much resorted to- There is
good deal of shrubbery in the grave yard.
There is thick growth of cedar in the
colored grave yard. People in either
grave yard are open to public observation
according to where they are seated. Peo-
pie passing could only see perscns sitting
on the main walk The growth in the col
ored grave yard is very thick. Saw Mr..
Wood and Mrs. Kennedy walk In the di-
rection Of the grave yard frequently.
From my garden 1 can see all persons
crossing the steps into the grave yard.
There was a right smart of talk about the
conduct of Mr.. Wood and Mrs. Kennedy,
about the amount of attention they paid
to each other. h'+
Observation-Disclosures is
place Of about 900 people. The places
saw Wood and Mrs Kennedy go were all
public places Never saw them go into
the colored graveyard. People often go
to the graveyard to carry flowers or clean