The Providence news. (Providence [R.I.]) 1891-1906, 1900-11-22

Albany. N. ", Nov. e2.--Dr Samuel j.
Kennedy. dentist, OF New York city,
who has been convicted OF the murder OF
Emeline G.. Reynolds. better known as
"DolIy" Reynolds. Is TO have u new trial
under q decision handed down by the
court OF appeals.
Judge Haight wrote the opinion OF the
court. He says errors were made at the
trial. He dwells AZ length upon the evil
dence given by Police Captain Price,
which he says was more from hesrsay
than material. and was also incompetent
and prcjudicial to the defendant.
In this relation the judge refers to the
fact that the captain gave instructions
TO the colored bell boy in the hotel as
20 his duty In testfying at the trial,
which all tended To show that the boy
WAS certain as TO the identity OF the de-
fendsnt.
COMMENT ON PRICES EVIDENCE.
Commenting on that part OF Prpce's ev-
idcnce which gave detsila of kennedys
arrest and Identification by two hotel
employees at the West Thir;ieth street
police station. Judge Haight says:
There are circumstances under which
the declaration OF persons made I'm the
presence OF the accused are competent.
but they are regarded as dangerous and
should always be received with caution
and should not be admitted unless the
evidence clearly brings them within the
rule.
''Decls tions or statements made iu
the presence OF a party are not received
as evidence in themselves. but for the
purpose OF ascertaining what reply 1he
parry TO be affected makes to them.
.They are only competent when the
perron affected hears and fully compre-
hends tho effect Of the words spoken and
when he is al full liberty To make answer
thereto. and then only under such cir
cumstances as would Justify the infer
cuce OF assent or acqniescence as 10 the
truth OF the statement by his remaining
silent.
The defendant, as We have seen. MAS
not permitted To reply. but was required
10 keep silent. His silence therefore could
not. under the circumstances. be con-
strued into an acauiesceuce or an adj
mission OF the truth of the matter en-
braced In the statement.
FEAR INJUSTICE WAS DONE.
THE police officer could not tell wheth-
or Davis or Burns recognized the iefcnd-
ant further than by the statements made
by them at the time when neither was
under oath.
Before judgment OF death be carried
into execution this court must be salts
fed that the accused has had fair trial
and that he is guilty of the crime. III n
II 90 satisfied the power Will not be ex-
ercised. III IL Is not satisfied. shen A. will
avail itself Of the power given.
''As We have seen. the incompet tent evl.
dence bore upon the chief Vital auestior
at issue. II n OF that character which
must have had an important bearing tp
on the minds OF the jurors and we fear
ina measure. Influenced their verdict. ~,
think. therefore. that Justice viii be pro
pioted by the granting 81 new trial f"
KENNEDY HEARS NEWS.
Warden Johnson of Sing sirg receiv
ed word that the court OF appeals has
granted a new trial 20 Or W. T. Ken
nedy. who has been in the death hous,
for two years
The wardea went 10 Kennedy's cell an,
eeid. II have good news for you ~ last
You hove teen granted new trial -
Kennedy looked at the warden A
arnexement. and then said he was thank
full He sat on the side OF his cot. bu
showed no emotion. The first condrrnne,
man 10 csnsrstulste him was Roland q
MoIinsur. wbo II in an adjoining coll
Kennedy thanked Nollneux and said n.
bnps6 the latters case would also bc re
ep~red.
Nspnedy viii 10 removed from sin.
osng prison as soon 40 The legal paper