The Portland daily press., 1899-03-31

Defendant Tries 20 Prove an Alibi--
Eloquent Argument by Counsel
Uousc--sensationaI Scenes when
Stand.
New York, March 3i.-The jury in the
case of DR.. Kennedy on trial for the
murder of dolly" Reynolds returned q
verdict Of guilty of murder in the first
degree this morning at 2.3O.
New York. March so-In the trial Of
DR.. Samuel j. konnedy today, the de-
fense introduced testimony locking to
the establishment Of an alibi, Mrs. Julia
stayton testifyiDg that She had seen DIR.
Kennedy On staten Island ferry boat
on the night Of the murder of Dolly Rey-
nolds.
The next witness was Mrs. Margaret
Kennedy, the mother of the accused. She
recalled her sons gong away from New
Dorp on Monday, August 10, after his
father had gone.
when next after that Monday did you
see your SOM"
II next saw him in his bed at 10 min
utes to O'Clock. 1 went to bed about
$50. 1 hearG my son snors. got up and
went to his room and put the coverlet
over him."
''Has he ever been home to you since?"
NO." said Mrs. Kennedy, and tie
tears came into her eyes.
She was allowed 10 leave the witness
staud. She threw her arms around her
son, burst into tears and between her Sob
ing kept saying; ~ can't leave you. I
can't leave you. Oh, L can't leave you" J."
Mrs. Marion 5. Kennedy, wife OF the
prisoner, next took the stand. She said
she had been married three years and had
one child two years old. she was shown
the Dudley Gideon" check and asserted
positively that the writing in the body
of the check and in the endorsement was
not IN the handwriting of her husband.
She made the same assertion regarding
the slip OF paper with the words: " H.
Maxwell and wife, on 1t which was
found by tho dsnd body of Dolly ReJ-
nolds.
The undershirt found in Kennedy's
Office was shown her. she declared 1t was
In a bureau drawer in the house at New
corp before going Cn Ia visit-te SR!en,
Mass DR.. Kennedy, she said, hnd TO
clean underwear andshad put ON hers uh-
til he bought some. This eviuence wa
adduoed for the purpose OF showing ehs
reason for DR.. Kennedy changing bis IN
derwear in his oiloe, as shown II tie
prosecution.
attempted to embrace her husband. bat
WAS led away, crying bitterly.
When Mrs kennedy was quieteG, the
defense announced that 1t rested.
Charles MoKelvey. the New Dorp drug
gist, was then recalled. he identified DR..
kennedy's signature on prescriptions
which patients had brought to hIa stotr
to be filed, The signatures were aimlt-
| ted as evidence.
Police Captain Price was recalled, and
| testified to a conversation which he said
he had had with defendant's father be-
tween and 6 O'Clock on August 10 last.
"Did you ask Kennedy, the elder, II he
| did have breakfast with his son thar
morning." Price was asked.
81 did. He said: No, did not see
him this morning, replied the police
In his direct examination, DR.. Kenne-
dy, ST., had testified that his son entered
the dining room>in their home at New
| Dorp Just as he was leaving Tor the CITY
|
| Policeman Smith recalled, testified that
| Mrs. Kennedy, ST., had told him at New
| Dorp that she had not risen before nve
on the morning OF the murder.
| Detective :. i. Davis was next called
and denied that Laneham, the elevator
nov in the Grand hotel had said, THAT
Is not the man." when asked to identify
| kennedy in his office.
Detective Davis said he had called at
| III Pearl street, and failed to nnd SIM
mons to,whom Edward Ufer, the archi-
tect. who Yesterday gave important eyt-
dence, Tor the defense, referred to as be.
| ing his employer. 1t developed that Il
So so check given last June to Ufer by
kennedy and endorsed by simmons, Is
in possession of the prosecution. Al this
stage both sides rested ana recess was
| taken.
The court room was crowded to its ut
mes capacity when the trial was re
sumed. The accused sat unmoyed ana the
cynosure of every eye as MIR. House be-
gan his summing up for the defence.
The opening of MIR. Houses address was
devoted to an appeal to tho sentiments
of the jury and to depicting the alleged
excellenG life led by Kennedy and tho
affection in which he was held ny his
| family The prisoner and his relatives
wept while MIR. House pleaded eloquent
The evidence, MIR. House declared, was
of the most circumstantial kind and or
the weakest character he had ever known.
| Mr.. House then entered upon minute
analysis of the evidence adduced by the
peoples witnesses
The jurors appeared TO be deeply a1fect'
ed by Mr. HOUSES impassioned address.
some of them being moved almost TO
tears Mr.. House spoke TOR tive hours
| and thirteen minutes
| Mr. Mcintyre. in summing up for the
| prosecution, contended that tho dentist
| mad "a fair trial and detained against
the appeal Tor sympathy on account of
| family ties as made uy Mr.. House. Mr..
Mcintyre laid much stress upon the tes-