Birmingham state herald. (Birmingham, Ala.) 1895-1897, 1896-05-19
'GOT ONE OTHER'S:RUNA|NG"
a Witness Swears That's What
Sheriff Kennedy Said.
PRELIMINARY TRIAL IS ON
The State Seems to Have Been Taken Aback
by the Defense.
mot GUILTY" AND INSANITY" PLEADED
The Court Refused Continuance, and the
Testimony Is Well Under way--An,
Accurate Diagram of the Scene
ofthe Tragedy.
MOT GUILTY" AND INSANITY" PLEADED

Montgomery, May 1S.-(SpeciaL)- 1.-THE
preliminary trial of Sheriff Robert Ken
nedy for the killing of Percy Wood and
the serious wounding of Mardis L.. Wood
was called before Justice B. H. Screws at
1890 this morning.
Solicitor Lomax announced the fact
that Mardts L. Wood, DIR. H. T. Inge,
Henry Cunningham and other witnesses
for the prosecution were absent, and in
consequence asked continuance for ten
I days.
After hearing from Solicitor Lomax and
Hen. f. L. Pettus, the court refused to
grant the motion for continuance
The witnesses on both sides were called
and sworn. Solicitor Lomax was granted
a half hour for the purpose of talking
with the witnesses for the prosecution.
General Pettus stated that the defend
ant desired, before the state introduced
any testimony, to offer two pleas-first,
that he was not guilty generally, and Sec
ond, that he was insane because of great
emotions at the time THE act was commit
lted. x
Mr.. White stated that the state had no
reason to apprehend that such lines OF
defense would be urged, and the fact that
1t was urged would give good cause for
continuance to give the prosecution time
to obtain evidence to combat the unex-
pected line of defense.
Hon. F. L. Pettus opposed Mr. Whites
motson, and after hearing him the court
refused to allow the plea for continu-
ance.
The rule was invoked by the prosecu-
tion and after legal tilt between Gen.
eral Pettus and Solicitor Lomax 1t was
allowed by the court.
| The first witness on the stand was DR..
M. L. Wood, who testified that he is a
practicing physician and attended Percy
Wood early In the morning of April 21.
the 21st Of April and found both Percy
Wood and Mardis Wood shot. He ex-
plained the location of Percy Woods
wound, being straight through the body
| In the region of the heart. The wound
was MADE with buckshot. He-tiied from
| the wound about p. m. on the day Of the
! shooting, he bleeding to death. No cross
examination.
jBernard CASTOR: was at the union de-
pot when Percy Wood was killed. l was
standing at the southwest corner of the
baggage room. l saw what transpired
between the firing of the first and second
shots. I heard a shot. Saw Mr.. Kennedy
standing with his gun and the two Woods
standing near the iron post. Kennedy
said nothing that heard until after the
first shot. He broke his gun and reloaded
1t. A negro was attempting to cross in
front of the Woods from the ice box. The
negro lay down and rolled under the
truck. The second shot was f1red and
Percy Woods fell. Kennedy said to some
one: i've got one Of them and the other
is running" / went to the fallen man,
thinking he was dead, and knelt down
by him. then telephoned police head
quarters and returned to the fallen man
and found that he was not dead. then
telephoned the Montgomery Drug COM
pany TO send physician.
Here Mr.. Castor drew the following
diagram of the scene, which he explained
to the court: