The Eddy current., 1898-04-02
VERDICT OF NOT GUILTY
KEMP PROVES SELF DEFENSE
AND KENNON NOT I'M
PLIcATnD.

and Kemp a Free rlan Case Hotly
Contested on Both Sides and EVl.
dence Very Strong Jury Out Thres
Hours.
The most celebrated trial for murder
ever 20 have taken place Ia this valley
ia at an end aud ID. l.. Kemp, the ac.
cuEed, Il clear, having been found not
guilty by a Jury OF good citizens OF
Chaves county. The evidence on both
sides was very yolumlnOns, thirty wit.
neases having been subpmnaed by the
territory aud twelve by the defense
The trial cal ed many OF our people 10
Roswell for . week and its cost % the
county Is estimated by II. Il. Arm
strong, the collectors deputy at about
$1,000, while the defense gives Il out
that 81, 800 Is about the amount Il Is
out The case was conducted for the
territory by John Franklin, the able
district attorney, assisted by |, II. Bur.
ney of the stock association Of Texas.
The defense had line array OF talent,
consisting OF Judge w. w, Gatew0od.
OF Merfa, Texas, Geo. Estes, OF Pecos,
Judge A. A. Freeman, ex.associate
| Justice Of the New Mexico supreme
court, and J D Cameron, of Eddy.
| During the examination OF the wit
nesses every point was hotly contest
ed. the prosecution endeayOring to de-
mOnatrate q case of murder, while the
defense through Vulnerable witnesses
proved that Dow had at divers times
made life very uncomfortable for
| Kemp and that Dow had threatened
| kemp's life ana even went so far as TO
hold winchester on Kemp while he
abused him. This testimony, together
| with the fact that Dow was proved by
many reputable persons 20 have been
oveFbearing 40 times, seems 20 have
been enough 20 influence the jury TO
acquit Kemp. The prosecution closed
Saturday evening and Sunday night
the Judge issued an order 20 the Chayes
county sheriff TO take Kemp In custody
and conhne h,in In jail. Kemp's at
torneys went 90 the Judge and made a
strong complaint or vigorous kick, Of
fering any amount Of bond up TO
Si00OO0. The judge consented to al.
low Kemp 10 remain free on a good
$40 900 bond, holding that the bond
made In Eddy county was proved 20
be very insufficient. Kemp at once
made the new bond, giving Dave
Howell and Dick Barnett as sureties,
and he remained at liberty. Monday
the defense commenced 10 put In It's
evidence and as the different witnesses
were examined IL developed there were
two sides 10 the story and that Kemp
had very strong defense. The fol-
lowing is the gist OF the important
testimony;
Alex Walton testified 20 have pas
sed the Argus Office Ht some few NON.
ents previous tO the shooting and re.
cognized Kemp and Kennon sitting
down IN the aloove OF the Ar, us office
q. W. Moore an employee G the Ar.
gus testified 10 have started inr home
about twenty minutes previous % the
shooting OF bow and as he passed out
the door noticed two men After
going toward home as far as the street
near the bank Moore returned % the
office having forgotten 90 perform
some little work In cleaning up which
occupied but ten minutes aud then
again started for home and; this time
noticed three men two sitting Ia the
door way and one on the outside of
the sidewalk standing up. Moore had
proceeded about 100 feet VIII the
shot was fred. lie seen two mta run
around the corner OF the alley but
could not recognize them IL, bcil too
dark
W. G.. Hamilton testified that
when Dow was placed In the drug
store he stated 10 Hamilton u, he
was was waylaid In a coWdrdly man
ner shot like n dog.
None of the witnesses were asked
the question whether or not Dow stat.
ed who shot him
A.. tp.ia. .t...,dt 80, a.. IL, -,
sltian placed upon the stand bllt no
attempt was made 10 show malprae
tiee In the treatment Of Dow after he
was shot
Tom Blackmore testified 10 hgving
gone up 10 Dow after he was wounded
and taking a revolver from his hand,
all OF the chambers of which we're
loaded except one which had no car
fridge shell being In condition usually
carried.
NJ. Phillips was introduced by the
Territory and testified that Kemp
came 20 his house the evening OF the
shooting and stated that he had shot
Dow In self defence saying that as he
WAS standing near the Argus Office In
company with some parties that Dow
came along the sidewalk and noticed
him saying, rs That you Kemp d-n
you" and attempted 20 draw his gun.
Kemp pulled and fred his gun the hrst
shot striking Dow. The pistol would
not work aud he was compelled 20
turn the cylinder by hand but made
out % shoot again, He then run away
not wishing % be taken while the feel
ing was az Us heated condition.
Kemp asked Phillips 10 go 10 town
add learn how bad Dow was hurt.
Quite a number OF other witntates
were introduced but al circumstances
were shown as described by Moore 40
Walton they being the moss Imp or.
tant for the territory
The evidence OF W. N, AIb oon Of
Seven Rivers, was 90 the effect that n
1879 while Kemp was sheriff he pasS
cd through Seven Rivers 90 hoesehnEk
aud that Dow, who was STANDING in
the old saloon, pulled up wlu.hester
and threw cartridge n 10 the barrel.
saying, u am going TO sill That an
a b - now - hut MhOO LA HI. t,,,,,,i--