The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-07-10
OTHER SIDE OF THE CASE
A REVIEW OF THE CRIME FOR
WHICH KENNEDY WAS CONVICTED.
The Evidence Presented, and the APP
peal to the Supreme Court and the
Finding OF that Tribunal.

Special to the indianapolis Journal
GREENSBURG, Ind, July 9.-The an
nouncenlent in this mornings Journal that
the Governor had declared his intention of
pardoning William Kennedy, convicted of
the killing of David Baker, at this place,
Nov. l, 1854, the night General Logan spoke
here, created a sensation, and the friends
and relatives of Baker were at once tele-
phoned and letters sent to the Governor to
hold the matter in allegiance until they
could be heard.
Col. M d. Tackett, now county clerk,
and Judge ]. D. Miller, of the Circuit Court,
prosecuted the case against Kennedy, and
Judge w. A Moore assisted by Jesse
Spann and Major Blackburn, defended him.
The evidence at the trial showed that on
the evening of the 1st of November, 1884,
this place was overrun with pckpockets
and that they came here on the same train
that conveyed General Logan after plying
their vocation on the crowds at Rushville
during the day. General Logans train was
stopped at the city limits and the general
took carriage, stopping at street corners
and addressing the crowds assembled, and
at the same time the pickpockets worked"
the crowds, going in squads of tours, and
when the northwest corner of the square
fill and others were standing on the cor
ner, listening to General Logan when
Baker was relieved of his watch, and see
ing two men behind him he suspected them
as the ones who had taken his watch, es-
pecially the one who wore a light-colored
overcoat. He followed them, in company
with his friend Woodfll. Going about a
square, they met Constable Cornelius An
derson and told him what had happened
The three then followed the men south
toward the De Almond House, where Off
Ger Anderson threw his arms around one
of the two and after a desperate struggle
succeeded in landing his man in Jail. He
gave his name as Charles Wallace.
Baker and Woodtll pursued the man
street when the fleeing man turned,
shot Baker and Immediately fled.
The prosecution claimed that he travelled
by General Logan's train to Indianapolis
and spent the remainder Of the night at a
disoraerly house in that city.
The man Anderson arrested, when queS-
toned gave the names of the four who
composed his gang, and when asked the
name Of the man next him when the Off
Ger threw his arm around him, and who
wore the light overcoat he said it was
William Kennedy and that he resided on
George street, Cincinnati. Marshal Glenn
ems went to Cincinnati and found Kennedy,
who consented to return without requisi-
ton papers, claiming that he was not at
(TreenSDurS tnat night, put IN CINCINNATI.
The prosecution claim further that the
statements made by Wallace were Volun-
tary, and that he was not intimidated or
threatened with any violence at any time,
and was not present and could not have
known who did the shooting.
TRIAL IN RUSH COUNTY.
When Kennedy was brought before Judge
Bonner to plead to the indictment the
Judge called Kennedy's attorney, Judge
Moore, and said TO him that he was in
competent to try the case, for the reason
that on the night of the killing he was go
ing from the depot here to his residence
having been at Rushvlle holding court, and
was within a few feet of the party when
the shot was fred the man running past
him with his smoking pistol in one hand
and his hat in the other, looking back over
his shoulder at his purSuerS. He observed
peculiar scared look on his cOuntenance,
wildly impressing itself on his memory
never TO be forgotten, and he then saw be-
fore him in the face of Kennedy the identi-
cal expression of countenance he saw in
the man who killed DISCRETIONARY. at
this time, when in the court, being fright
ened rearing moD violence a snort time
previous Marion Garrett had been taken
from the county Jail and hanged by mob
The case was Venued to Rush county and
Judge Berkshire appointed TO try it. The
defense set up by the defendant was that of
an a!ibi, having six witnesses from Cincin-
natl to testify that he was in that city the
nightSof the shooting. with his parents and
remained there all the next day He was
confronted with the keeper of a disorderly
house and other persons from Indianapolis
and a druggist who compounded prescrip-
ton on the day following the murder, and
the physician who gave a prescription on
the representation OF Kennedy that it was
for his sick wife, and he learned that the
keeper of the house would testify that on
the night of the murder Kennedy came to
her house between u and l o'clock, Nov l.
and remained there that night and all the
next day. When these things We're learned
the alibi was abandoned, the attorneys re-
lying upon mistaken identity wholly for
defense. The prisoner declined to testify in
his own behalf and explain his whereabouts
the night of the murder. After a ten
days trial he was found guilty OF murder
in the first degree and given a life sentence
The Journal states that William Summers
was foreman of the jury, ana that he
signed a petition asking his pardon at the
solicitation of Kennedy's sister. Summers
was not foreman OF the jury. William
NewhouSe, father of X-Representative
Newhouse, of Decatur county was fore
man, and refused 10 sign a petition for his
pardon. Judge Berkshire. who tried the
case, refused 10 sign petition for his
pardon or write any letters in his behalf.
stating that the evidence convinced him of
kennedys guilt.
Since his conviction an effort has been
made to tasten the crime on other per-
sons, the first attempt being to charge the
crime to Dutch" Engles, of DAYTON O.