Birmingham state herald. (Birmingham, Ala.) 1895-1897, 1896-05-23
General Pettus' Speech.

a free man.
General Pettus' Speech.
General Pettus, in opening, said that
he was peculiarly situated in this case.
He was here to defend a man who has
been his friend for years, whose father
had been his friend for period of time
longer than the life of the majority with
in the hearing of his voice. A man would
be a brute who would not have feeling
In such circumstances, and he asked the
court to excuse him II he should say some
things which he should probably not say.
His relation to the defendant was much
closer than that of a clent-t was that
of close friendship. The court has three
propositions before it: Shall the defend
ant be committed to Jail without bail,
shall the defendant be admitted to bail
and if so, in what amount-or shall the
defendant be permitted to go free? These
questions are to be determined by the
court on the law and the facts.
/ shall contend that this man ought to
be discharged, because he has not been
guilty of any offense under the law or the
land. He cannot be convicted of any
crime If 1t is proven that at the time of
the commission he was of unsound mind.
The evidence paints the defendant as a
quiet and peaceful citizen, welcoming his
friends in genial manner-a perfect
chara cter. Every witness introduced
hess, whether for the state or the de-
Tense, said he was a man of good charac-
ter. He was also married man and an
affectionate husband; was. careful and dill
igent and painstaking In the care OF MS
wife. Up to this disaster this was his
history. He adorned his little cottage
with evidences of his affection.
General Pettus reviewed the testimony
of Mt CASTOR, and held that the evidence
Of the witnesses that Percy Wood did not
move a muscle after the first shot was
human impossibility. He held that the
testimony of the eye-witnesses of the
shooting was clouded. The primary cause
of the shooting was the seduction of the
defendants wife by Mardls Wood Mar
dis Wood and the defendant were intl-
mate friends. Kennedy said that Mardis
Wood was his truest and best friend. Gen
eral Pettus held that Kennedy had been
betrayed by his truest and best friend,
and that such an infamy had never been
perpetrated by any midnight assassin.
He then related the close association or
Mardis Wood and Kennedy as oficlals
In the court house of Dallas, covering a
long period of years, and held that the
Livingston incidents looked like con-
tinua ton of a connection which had been
previously established, but there was no
testimony to establish this.
General Pettus then addressed himself
to the court on the subject of the change
in the habits and disposition of the de-
fendant upon hearing Of the news of his
wife's infidelty, which change had been
shown by the evidence covering the en-
tire period from the hearing of these re-
ports and the departure of his wife on
February rs to the 10th of April. Cen
eral Pettus gave the court an Illustration
of what change of mind would indicate
insanity in a sane man. Five out OF
seven witnesses testified to the great
changes In the manner and disposition OF
,faI, fifatrn or
days.
In support of the theory of insanity
General Pettus read the decision Of the
supreme court from the S1st Alabama
reports in the case of Parsons VS.. the
state, which held that disease OF the
mind can be proven to show insanity
and that it must not be held alone that
the defendant knew the difference De-
tween right and wrong.
The blasting of a mans hope of the
hereafter here at least is what breaks
down a mans mind; he thanks God for
the taking away of that girl baby, that
she was not here to share this infamy,
to share it's brand. This defendant, the
evidence shows, was impelled to do this
act by the pressure of this infamy on his
mind. and he is neither morally nor legal
ly responsible for what he did.
After General Pettus closed he was
greeted by round of applause.
Mr.. White Closes.
In opening the closing speech Mr..
White said he would not ring in sympa-
thy. whether for Mr. Kennedy's sorrows
and blasted hopes or for the tears of
those who weep that Percy Wood &C.
cupies an untimely grave. The court, he
held. was to say whether the defendant
was guilty and should be held or whether
he was suffering from a lesion of the
brain. The defense had offered two
pleas-one of not guilty and the other in
sanity. Under the plea of not guilty the
only evidence introduced by the defense
which was admissible was the evidence
as to the character of the defendant. If
the defendant was insane, even though
he was the worst character in the COM
munity he would go scot free There is
no question that Kennedy did the shoot
ing and the only evidence he has intro
duced is that of good character, and he
has proyen as good character as was ever
proven in this court house. The state
has proven that he committed deliber-
ate assassination, and the fact that he
has proven a good character does not
necessarily mitigate the Judgment OF 'he
court Under the first plea the labor
Ding oar is on the state, but under the
Second plea, that of insanity, the labor
ing oar is on the defense; the defense
must prove the insanity of the defend
ant to the satisfaction of the court.
s Mr.. White then reviewed the testimony
of the witnesses as to the shooting. and
claimed that the defendant was on trial
now for the killing Of Percy Wood and
not for the shooting Of Mardis Wood.
He held that under the evidence Kennedy
was guilty of murder In the first degree
or he was not guilty and should be al
lowed to go free. Mr.. White stated that
1t was the first time in his experience that
insanity OF this nice kind was pleaded In