The sun. [volume] (New York [N.Y.]) 1833-1916, 1901-02-23

Tho r,.s ~ Dr kPVNErN "a II wont ~
the turv IN Thursday vr In -"v"ra. ID"
portan n, particulars a vsry ff"r"n' 80"
from hat On which q verdict of su|'' va
rendered a. N. hrst trla
There we're sddiuons AMI -lhtrao'l"n~
n and from the frat record which ipDa'
emily. on th-ir face. put IN" prisoner in =
much stronger position While ~" 'oun
sci for the defence dil not materially -hak"
the Testimony Of Witnesses Who positively
Identified the doctor ~ having been A. ~"
Grand Hotel with puIIy RfY~"rrs Ia'"
on the night on which she vas murdrr~t.
,hsv did. On the other hand. produce nv"
witnesses who positively sWo7e To having
s.en pr. KrNS.pv on staten Island Al an
hour which would make II impossible f"r
him IN have been a. the Grand Hotel when
the vii for the prosecution te~nh"d
thai they Aaw him there This left ~ Tor
the Jury To determine which of N" W" s"is
OF ~ideniAers. those ~ the prosecution
or thnSa for the defence, were correct u
NJ least left room for the prisoner : counsel
to make a strong argument on the question
81 reasonable doubt.
This was new evidence, ~ was The eNi-
dence of the cabman SHGuiSR, who sw"re
that he knew DOLLY FyNoI and pr
KENNEDY by sight, that at : o'clock on
the evening prior to the murder he drove
her In company with a man tn a | nlversity
place restaurant. and that pr kENNEpN
was not that man. II was the theory oi
the defence that tho murder was ON
mitted by some third person ~ Yet un-
known. and this testimony Of the cabma
srGrrNt gave the nrst and only shadowy
GLIMPSE ~ thL. mysterious stranger.
DR.. in his rather confused
statement to the police had persisted in
saving that he left New York on a 1870,
N idnight, boat for staten Island. The
defence produced two new witnesses, tn"
cabmen FrSLty and WAGNER 81 ~. George.
who testified hat they knew Dr. kENNtpy
and that they saw him on IA" arrival nj
Staten Island Of the boat which left New
York At the time Or. KENNEDY said he left
still another witness. u potato pedler ties
tilted that he met Dr, kENSEpr on the
road from ~. George to New borp about
2 o'clock In the morning, lust about the
hour when employees ~ the Grand Hotel
.wore that they saw him coming down
stairs from the direction ~ DOLLY REN-
NoIpss room. Two more witnesses, Mr..
RI and Miss HRNRrrTY. testified that
they met him still nearer his New Dorp
home, Both in the former trial and In
the last one, DR.. kENNEpf's mother testi-
fed that she saw him In his bed a few min
utes' after = o'clock in the morning His
mothers testimony was substantially all
that Dr. krNNEpy had In the first trial ,o
SGT up by way Of alihi. The testimony OF
his Ave new allbi witnesses was attacked
hy the prosecution on the ground Of the
improbabih,y Of their having remained
silent at the time Of the first trial when the
life Of a fellow being was at stake.
But It was In what the counsel for The
defence succee ed In striking from IN,
record Of the frs, trial, almost a. muci
a. by the new evidence introduced, that
Dr. KENNEpY's case was strengthene,
In its second presentation. The mos
interesting Of these eiiminatlons was tina
of the handwriting expert who In the frs
uisl had identified the writing on the bacl
of the check found on the dead woman
person with that Of Dr. krNSEDY. Judg'
FrRsMAS on this poln, made a ruling which
has attracted wide attention, He bel,
that In cases where the issue IL not the dis
puted writing itself. comparisons 10y cX
perts al a~cknowledgcd ~andwrlllng VII
that which Is in question may not Toe
still another important eli,lon from IN
testimony Permitted IN the first trial wa
that 81 the employee Of the Mount Nerno
Savings Ram who had sworn that on II.
day preceding the night of the mur!,
Miss REY So drew sju from her aorouu
in the bank. The knowledge Of her inter
ton to do this. or the knowledge that 81
had done 1t. wa, argued al the frst tral a
motive for the crime. Al the second ira
Judge FuRsNAS excluded this evidence
i,s entirety, thereby leaving the question
motive somewhat more obscur"
Judge FuRsMAN also excluded the test
mony a. To conversation, in Dr krSNFDY
presence between Capt. PRICE and "
hotel employee, DAVIS. in which Da,I