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

nj EnNOON OCOoiONt
The court reassembled at 4:0S p. m.
Mr.. Edgar Winter, manager of the
Western Union Telegraph company at
Montgomery was the first witness called
Before the witness took the stand Mr.
White of the counsel for the state Of
fered a motion to rule out the testimony
of Mr.. Damwod. Overruled.
Mr.. Winter had been summoned TO
produce certain kilograms alleged to
have been sent or received. Mr.. Winter
presented protest at being required to
produce the kilograms. The court ruled
that the kilograms must be produced.
Mr.. Winter produced copy of tel
egram dated Baton Rouge, La, and
signed Mamie" The telegram was adj
dressed to M. L. Wood, care "Infirmary,'
and read: "Will arrive tomorrow. Wire
me at Louisville and Nashville depot,
New Orleans. MAMIE"
This telegram was received in this
city at 1880 p. m. on the day of the shoot
ing, twelve hours after the shooting oc-
Cured.
Solicitor Lomax objected to the introE
duction of the telegram as evidence,
holding that it was irrelevant.
General Pettus stated that the tele-
gram was entirely relevant; held that
it showed the keeping up of the connec-
ton between Wood and Mrs. Kennedy,
and that this telegram threw additional
the hair fondling-to show that these
Illicit relations were kept up even after
the shooting.
Colonel Wiley addressed the court in
strong terms in support of the position
taken by General Pettus
Mr.. p. II. Pitts argued on the same line,
and held that this telegram was proof
positive that Wood and Mrs. Kennedy
were living in a state of adultery.
Solicitor Lomax resisted the admission
of this telegram as evidence.
The court admitted the telegram. Mr..
Winter then read the telegram, which he
stated was an impression copy of the
original telegram which was delivered
to the party addressed.
DR.. w. c. Phillips
Knew r. III. Kennedy. Have known him
sixteen or seventeen years. His char
acter is good. His character for peace
and quiet Is good in the neighborhood
in which he lives.
Cross-examination-M White asked:
Have you heard of his shooting Percy
Wood in the back in this city April q?
objection. Witness replied that he had
heard of the shooting.
Re-direct-Since the shooting Mr.. Ken
nedy's character in the place in which
he lives is good.
The following witnesses then testified
of the defendant: w. H. Craig, d. M
Scott, George Philips, J. B. Evans, Rev.
Russell Cecil Rev. A. j. Dickinson, John
L. Cobbs and M. G. Burke.
Mr.. D. M. Scott
stated that for several years he and
Kennedy had been members of hunting
club; met him on the street; were
members of the Dallas Light Dragons.
Prior to last February Mr. Kennedy's
manner and habits were of fine order
particularly in attention to business
Was of bright and cheerful disposition.
There was change since February. His
disposition has entirely changed. He
was Indifferent about meeting his
friends. Would stand on the streets by
himself. Did not seem to want to be
with his friends. Have seen him run to
his horse and ride rapidly up the street
in the direction of the Jail. then turn
around and come back again. / asked
him once why he did this and he told
me that no had business at the court
house, but saw that he did OF go to
the court house. Tried to engage him
in conversation, but he refused. He
came into l.. A. Scott's store and sat
down on table. Went to him and tried
to enter into conversation with him and
found him crying. He. while talking to
other people, would break out crying.
This was almost a daily occurrence In
my opinion Mr. Kennedy was an insane
man since February.
Cross noticed this exhibit
ton of insanity some time in March. He
was greatly changed. Before this period he
was jovial and .i.,t glad to see his friends; 1
Do not think that to a man of his character
the reports current would make him feel
abashed. When l saw Mr.. Kennedy ride
up the street made up my mind that no
sane man would act that way. believe that
he was laboring under emotional insanity.
j. B. Evans
testified that he is clerk and register of the
ground floor Of the court house. Have
known Kennedy about ten years. Have
been clerk and register for eight years Was
always in the same place. Mr. Kennedy Ss
peaee and QUIET was good good The Telaio1 1s
close prior to the time Wood removed from
Selma. Was at Kennedy's house with Mr.
Wood at Christmas several times. Kennedy
Selma about year ago to take position
in New. Orleans. He was clerk In the
oce Of e hall Th from
sheriff's office. The relations between Mr..
Kennedy and Percy Wood were very friend
for four years under his father. / zeard of
Mrs. Kennedy leaving Selma Before she
left Selma. last February. he was very at
this Kennedy was of a very social and ana
bic disposition. Since February there has
been very marked change in his manner
habits and disposition. l was absent for
the last few days of February and on my
return / noticed that he was very greatly
changed. He Twas downcast and distracted.
Would get off and look down at the ground.
Would avoid all except his close personal
friends. Have seen him gay and buoyant
at one moment and the next he would be
crying He was in my Office frequently af-
ten the departure of his wife, and he was
detected and morose. He began to stay up
late at night. Stayed up late and seemed
averse to going home. Am an intimate
friend of Mr.. Kennedy. He has spoken to
me about his troubles. Have seen Kennedy
sitting OFF by himself. and he seemed to ne
detected and brooding. He paid very little
attention TO any business after February.
He was a candidate for tax collector, but
after the departure of his wife he paid no
attention to his canvass and finally with
drew from the race. Mr.. Kennedy was upon
one subject insane. When Mardis Wood
was in Selma on visits he made his head
quarters i'm his fathers office. He was not
in Selma from the time Mrs. Kennedy left
until his arrival after the shooting.
Cross-exaanination-@ Kennedy left
Selma first in the fall of 1926. Was absent
from November or December to the latter
part of February, 1896. She left in February.
1896. The changes were noticed before she
left the second time Kennedy first had the