Birmingham state herald., 1896-09-06
THE EFFORT 0ysdE DEFENSE
Is 10 Lead Up to $ lily as the Climax of
 Sorrows
MARDlS Wc 2 NOT PRESENT AT TRIAL
The Dete.N, Introduces New Testimony, Which Goes to Strengthen That AL ready on Record as to the AL
 legged Illicit Relations.


 Wood murder case has developed nothing that the evidence in the preliminary trial did not bring out. The same witnesses have been examined and in every in- stance they have testified to what they did at the first hearing.
 Neither Mardls Wood or Mrs. Kennedy are here, but Felix Wood, younger brother of the victim of the tragedy, is managing the prosecution. MT. Kennedy is in court at all times during the trial, and his venerable father sits constantly at his side. The defendant appears worn and thin He does not look so well even as at the time of his preliminary hearing.
 The defense has shown that Mardis Wood and the defendant were wafm personal friends, friendship like that of brothers, that had lasted during eight or ten years, and that this friendship con- tlnued apparently until February, 1896. They have shown that Kennedy provided his wife with all reasonable comforts and luxuries; that they lived in a cozy, pretty house, with flower gardens about 1t, and their stable was provided with several nice turnouts. They have shown that Mardls Wood visited the Kennedys socially. They have shown that in June, 1894, Kennedy took his wife to Livingston for a sojourn at the health resort hotel there. Maj. James w. Gisdale, who kept the hotel, swears that they arrived on Saturday, June 29, and that Kennedy re- mained until the following Monday morn- ing, when he returned to Selma.
 Tuesday night Mardis Wood came and remained until Friday night He and Mrs. Kennedy occupied adjoining rooms opening into each other. Wood was Mrs. Kennedy's constant companion during the sojourn. He played the devoted to her. They took long walks and drives together Wood left on Friday night, Kennedy returned Saturday morning and left again on Monday. Wood came back on Tuesday. He was put in another room. but demanded the room he pre- viously occupied, which was adjoining Mrs. Kennedy's
 A witness testified that on one occasion he saw Mrs. Kennedy sitting under some trees near Livingston with Woods head in her lap.
 A hackman who drove them out to- gether several times testified that Wood said something on one occasion about a proposed trip, but that Mrs. Kennedy had suggested that that wouldn't do, as Cousin Bob" (her husbandD would find 1t out. The coachman who drove them to the railroad station when they left Liv- fngston sWore that as the vehicle was passing a certain fine old oak Mrs. Ken- nedy coyly remarked to Wood that it would be a long time before they could sit under that old tree again and hear the birds sing. Several testified that the rela tions between Wood and Mrs. Ken nedy were common talk in Livingston.
 Dozens of witnesses have been exam- ined to show the good character of the defendant, and his reputat ton for peace and quiet has been unquestionably estab- lished. dozen or two have also testified their belief that Kennedy was insane at the time that he killed Percy Wood, and have testified as to changes in his ap- pearance, habits and disposition in sup port of their belief.
 Afternoon Session.
 It was developed at the afternoon ses- sion that in June, 1895, Kennedy brought his wife here for treatment by a local ops tician and secured board for her at Gala ta's hotel The day after he left Mardis Wood came, and he and Mrs. Kennedy spent four days a t the hotel together, be- ing constantly in each others company
 Last fall Wood went to New Orleans 10 fill $5000 year position in the employ of the government. On February % Mrs. Kennedy left her husband and took a train going south By this time the mat ter of his wife's conduct had been com municated to Kennedys ears. He re- fused to believe the statements of his friends and even of his aged father, but when his wife left his suspicious were sufficiently aroused to prompt him to wire the sheriff of Mobile county to detail a deputy to meet and shadow her. The off, cer saw her get off the train and take later train to New Orleans. At New Or leans she was met by a man whom the officer identified from a photograph as Mards Wood. Wood and the woman left New Orleans that night, going westward. The officer saw them off, but being out of money could follow them no further He returned to Mobile, met Kennedy there and communica ted. all of these facts to him. Kennedy gave him money to pur- sue them, but on the second trip the off, cer could not find them. Kennedy did not see either Wood or the woman again until the moment of the killing at the depot, nor has he seen either since
 The defense introduced testimony to show that Mrs Kennedy came to Selma and visited Wood several times since the shooting, seeking to show that the illicit relations were kept up from June, 1894, to the present time, but Judge Winter would not allow the testimony to be in- groduced.
 Court adjourned tonight until Monday. All of the testimony will be finished on Monday. 1t is thought Every point in the case Is being fought hard.