The St. Louis Republic., 1901-02-20
Accused Mans Aged Mother Takes
the Stand to Save
Her Son.
EVEN THE JUDGE SHEDS TEARS.
Prisoners Counsel Will Not Per-
init Him to Testify-Miss Haur-
ely a Strong Witness
Dispatcher's Story.


| REPUBLIC SPECIAL.
New York. Feb. 1s-If sympathy alon'
were the issue. there could be little doubt
| that Doctor Samuel ]. Kennedy would re-
turn to his home In Staten Island tomorrow
nlgnt with his wife and his parents.
The twelve men who have his fate IN theil
hands were deeply stirred to-day when his
venerable mother took the witness stand In
MIS- behalf and retold the simple story of her
Visit To his room In the dead of night "a
pull the covers over him. The old lady had
risen from a bed OF suffering. and she
seemed SO feeble that court attendant
rushed forward to guide her tottering foot
steps when she was called. Her voice was
almost tnaudible. and she appeared on the
verge OF collapse.
Jurors who have evinced little interest In
the dentist charged with heinous crime
looked pityingly at his mother. Two or
three were unable to restrain their tears,
while others. after few moments. dropped
their eyes to avoid display OF sentiment.
Judge Fursman wiped his eyes. and John
F. Mcintyre. the special prosecutor who was
cross-examining her. confessed that the Or
zeal was almost greater than he could bear
At the close OF her affecting testimony.
old Mrs. Kennedy walked back toward her
seat, stopping as she passed her SON 8
chair. and as he looked up with a smile,
STOPPING and pressing fond kisses upon his
lips.
On what may be considered official au-
thority, the announcement was made to-
night that the prosecution in the Ken
nedy murder trial has a great surprise In
store for Doctor Kennedy In the shape or
new witness. who Will be first heard In
rebuttal, and who is expected to fasten up
on the Newdorp dentist responsibility for
the death of Dolly Reynolds.
William McShane. a plumber. Is expect
ed to testify that he sold to Doctor Ken
nedy the lead pipe which, formed into
biudgeon. was found by the side Of the
murdered girl In the Grand Hotel. IL Nc
shane does all that Is promised for him he
VIII deliver q stunning blow to the de-
Tense. combating the testimony which has
been introduced to prove that the lead pipe
Is unlike any ever used by members OF the
Kennedy family.
McShane is not now In business In New
York. having removed to Baltimore Pre-
vious to the murder Of Dolly Reynolds
he had a plumbing establishment at the
corner of Thirty-eighth street and Sixth
avenue. He sold out this business nearly
two years ago. Mr.. McShane is now in
this city. and has. been subpoenaed as a
witness against Doctor Kennedy by the
prosecution.
strong wit,ess.
He will. II Is said, testify that Doctor
Kennedy visited his place of business at
various times. and in that way he came to
know him. He will testify. further. 1t is
said. that he sold to Doctor Kennedy a
piece of lead pipe Of the same dimensions
and make as that which forms the bludgeon
with which. it is believed. Dolly Reynol
was murdered.
"Yes. we have such a Witness" said
Forbes ]. Hennessey. who is assisting in
the prosecution Of Doctor Kennedy, in re-
ply to an inquiry about McShane "and he
will prove Of great value to the State. He
was not known to us at the first trial. but
his testimony will be convincing. I am
sorry that his Identity has become known.
but still II can make little difference. IL
will be impossible for the defense to meet
his testimony with any line of questions
that will shake IT."
It is announced that Kennedy's trial will
be brought to amend tomorrow. The tes-
timony will be concluded during the MORN
ing session of the criminal part Of the Su-
preme Court Each side expects to talk
for an hour. Judge Fursman will limit
the concluding argument. and the case will
go to the jury late In the afternoon. The
verdict may be reached during the evening.
Kennedy Not to Testify.
Cantwel and Moore showed to-day that
they would not put Kennedy on the witness
stand. They have concluded that the man.
who has already involved himself in a net
work Of falsehoods could not help his own
case. II seems equally evident that they
will not call his father. who proved an aid
to the prosecution on the former trial. by
admitting that there had been an iron bar
in the cellar and that he kept materials
for plumbing work. The wife. who has re-
rnained close to Kennedy's side throughout
this trial. cannot testify. as she was not
at home at the time of the murder of
Dolly Reynolds. She kept away from the
A,rr}
Daniel 8. Melville, the Newdorp plumber.
whose recent departure for Florida created
some stir, was brought into court early
In the morning by Police Captain Price. who
had brought him from the South. He ad-
mitted hesitatingly that he had been sub
phoenaed for the defense. but said that his
wife had been H. and he had not believed
that it was essential for him to return
"Your wife was not too III to travel" re-
marked Judge Fursman sternly. You will
remain In the custody of the officer until
10 o'clock Tomorrow morning. when you
will appear here to show cause why you
should not be punished for contempt OF
court"
Melville was nor called to the stand dur
ing the day. When the other witnesses for
the defense had been exhausted, Judge
Fursman suggested that he should be ex-
sr.Sned. Mr. Cantwel refused to summon
him without having a chance 10 talk with
him FIRST, maintaining this position despite
the JUDGES urging that. having already cb-
tanned an affidavit. he should know what
Melville could say.
Miss Haurely's Testimony.
Miss Alice Haureiy Of Grant City. 8. l..
wss recalled. She only affirmed that she had
passed Kennedy in the street opposite the
Mcrayian Cemetery at about a quarter to
o'clock m the morning OF August 16. lSsS.
while she was returning from wedding re-
ception. She said she had known Kennedy
by sight for about four years.
Martin Sharkey. Miss Haurely's cousin,
ccrsoborated her testimony. He walked
home with Miss Haurely after the recep-
tion and ne, too, saw man whom he sup
posed to be Kennedy. although his identi-
ficaticn was not so positive
The stencgrapher then read the testimony
Eiven by Mrs. Julia Slayton. who died after
the former trial She said she had been de-
tained In the city late on the night OF the
murder, searching for q missing son. who
vas afterwards sent to an asylum. On the
boat for Staten Island starting at Il: rs she
saw Kennedy in the cabin. with his head
back. apparently asleep. She knew him.
having seen him every day when she was
postmistress at Newdorp.
Mrs. Margaret Kennedy came next. In
.ow tone she said that she had seen her
son at q quarter to 3 on the morning OF
August 1e She went to his room. and. as
the door was open, walked softly in with
out disturbing him. and pulled the covers
Mr.. Mcintyre questioned her dinidently.
She said her son had been undre1sed and
apparently asleep. but she did not know
how long he had been abed.. She was POSI-