The sun. [volume] (New York [N.Y.]) 1833-1916, 1900-11-21
NEW TRIAL FOR KENNEDY.
Convicted or DOIII RfiNOIDS'S NIE.
DER -IHiI'S KIGHT," M SAYS.
Moiincuxt Congratulate Him In the Death Houss
at Sing sins The Court OF Appeals says
That the Trial Was Not u Fair one Capt.
Prices Evidence specified The Crime.

at Sing Sing The Court Of Appeals says
That the Trial Was Not II Fair One Capt.
Prices Evidence specified The Crime.
ALBANY, Nov. %. The Court Of Appeals
to-day handed down a decision granting a new
trial to Dr. Samuel j. Kennedy, the New York
City dentist who was convicted uf killing Dolly
Reynolds In the Grand Hotel In is07. Kennedy
is now In Sing Sing Prison under sentence Of
death. lie gets n new trial on the allegation
by his counsel that new evidence exists by
! which Kennedy can prove an alibi. showing
that he was in New DOrp. Staten Island. at the
time of the commission Of thccrimc The opin-
ion Of the court was written by Judge Haight.
In his OPINION Judge Iiught says that error
were made nc the trial. He declare that the cvi-
dcncc given by Police Captain Price was moro
hearSay than material, as well as inoomI e.
tent and prejudicial to the defendant.
The Judge refers TO the fact that the captain
gave the negro bellboy in the Grand Hotel
Instructions ~ to his duty in te~tifving at the
trial. IN" care he should take. and the boys
replies thereto. all tending to show that tn,
boy was certain as TO the identity OF
the defendant. 1t is true that the con-
versation between the C Iptain and the boy took
place in n room in which the defendant was
seated, but when the defendant undertook
20 speak and deny that he was the person whom
the boy saw In the Grand Hotel on the night
Of the murder. he was instantly stopped by the
captain and required to keep still. Judge
Haieht say:
Their. are circumstances under which the
declaration of persons made IN the presence
OF the accused are competent. but they are
regarded a. dangerous and should always
be received with caution, and ehould not he
admitted unless the evidence clearly brings
them within the rule. Declarations or state
iuaft. taaIp in tho Ir.saprp af IA ,urtN ~,
not received as evidence In themselves, but
for the purpose of ascertaininG what reIly
the party affected makes to them. They are
only competent when the person affected hears
and fully comprchcHds the effect Of the words
spoken and when he IS AT full liberty To make
answer thereto, and then only under srCh
circumstances as would justify the inference
Of assent or aCguicsocnce as to the truth al
the statement ron his remaining silent"
In conclusion Judge lIaight says that lc-
fore "A death sentence i, carried into .Xeou-
ton IL j. The duty Of the count of AREAS to
be satisted that The accused has had a fair
irial. He says; We do not think that this
defendant did have a iair trial
nedy learned that his ca. had been argued
before The Court f ALre,ls, Re has sh2Tn,
at the death h,u~" and nr .k"nncdy, asked
IT. th'rr was any news Vet. tn" warden re-
the warden heard unofficial, that a new trial
had been granted and he went imIn"diatclv
70 =. d,2th h%n.e ana n9 I'll nr k"n49"dy
warden -bu' 'tthSS, WA Ir%ity FESTIVE rhial
il was correct Dr kenncdy's face rlowrd
That as il should be Molinerix. Who
has the nex, cell and had heard my mcs-
and saidho hoped Malinclx would have me-
saTL Of similar good n"y,. -o"m ,s,,o., -,
prison and spends many hours IN front Of her
husbands cen She is lntirnc, in her efforts
Kennedy will be removed from Slug Sing
Prison rs soon rs the legal papers arrive and
put in the Tombs in New York.
Kennedy was convicted before Justice Pardon
c Williams on az indiCtm,n, charging him
woman known, by many as Dolly" Reynolds.
She was found dead IN a room Of the Grand
10. 1898 She had gone 10 the hotel on lie
previous, night a1ccomlAiicd by q man who
answered pr ksnqedy,s desCriItioq This
At = O'Clock on the following morning he was
seen 70 leave The hotel Fight hours lotcr, "A
floor in "A pool Of blood She had been
dead several hours 4 piece Of lead Pip"
found " on The d SS5r' near s%"U ,he Ih' "dy.' /, w wa-
evident that this Wa the weapon used bv
The murderer The police learned from the
to meet Dentist Kennel, Tor IN" rnrpo~c Of
giving him a few hundred dollar on his rro-
in, sician who made the autopsy found a bank
check beneath N" woman corset, The
ti,r Kcnn"dy' made hi 'ddcr"sii"S. ",It"wSaa,-" ,iencd
with kcnu"dy's nam" II was drawn 10 u"
:Td.r OF The ,icL9%ld1 women and called for
was in Mo Handwriting Of Dentist Kennedy.
T." denied all knowledge If II, Ne admitted,
nold> woman. but denied that he had accom-
ranicd hcr 10 III" Grand Hotel on the nielt Of
ON his trial his counsel ir,crr oecd as n do