Akron daily Democrat. [volume] (Akron, Ohio) 1892-1902, 1901-07-20

| "ppOai anu Dt ntuTu. On July ~,
all the interested parties appeared in
court, except the defendant, q. g.
Kohler, who was represented by
counsel, and who filed waiver of
| his right TO be present during the trial
and Judgment of his case. On motion
Of the defendants, consented to by the
State, the court heard testimony in
mitigation of the sentence. Rev.
Stat, Sec. 1920. No objection has
been made to the jurisdiction of this
court, and it is sufficient to say that
this court is of opinion that il has
final jurisdiction in these cases.
ut appeared from the evidence that
| Samuel 4. Kennedy had published
in an obscure and small paper. called
the Amusement Record, of which he
Is the editor and proprietor, state
ment concerning the private and per-
/ sonal relations of two Akron families,
which the defendants understood to
reflect upon themselves. The pub
! lished statement was u sensational
and scandalous presentation of un-
. founded rumors which malignant per-
sons had set atloat in this city. In
print the idle gossip of the streets ilp
peared In the tawdry and garish
| style Of the dime novel. No self-re-
, specting journal would have consider
ed a publication such as this for one
minute. 1t was not news i'm any
sense of the term. 1t was not matter
of public interest. 1t related solely
TO the private and personal affairs or
the family-mattcrs as sacred as any
upon earth.
THE false rumors had obtained n
very wide circulation, and all who
had heard them. and read the article,
knew to whom it referred On the
evening of June "a, while gathered ut
the home of Judge Kohler, all the de,
PENDANTS were shown the article.
Having ascertained that Kennedy was
at home, they started within an hour
to find him. Reading the article made
them exceedingly angry. All the dc.
PENDANTS testified to being angry to
punt OI Jury.
"It may be said here once for all.
that all the evidence produced by the
defense Is entirely uncontradicted or
disputed by the State.
Kennedy was called out upon his
porch and beaten and struck by S. II.
Kohler and B. q. Work with the short,
light end of buggy whips, and their
fists. &. c. Kohler and one Goldsmith
stood by without taking any active
| part The affair lasted not much
more than one minute The defend
ants drove to Police headquarters and
| gave bond for their appearance in this
court. Nothing can Justify the com.
mission of crime, but there may be
circumstances entering into it which
may mitigate the punishment.
| Return to consideration of the
article published in the Amusement
Record: Nothing will Justify the
publication of matters such as these
even if founded on truth hut In this
case they We're not true, and the evi.
dence shows that Kennedy knew they
were false. The slandered persons
had already suffered keenly and
deeply. The idle gossip had made
wounds in many families other than
the two directly interested, which
were slow to heal. The evidence shows
n careful design on the part of Ken
nedy to trade upon these wounds; to
make money for himself out of the
sorrows and suiferngs OF others; to
make the wrongs suffered by them
rebound to his own emolument, and to
rejoice in their misfortune because
1t resulted In his good fortune 1t is
difficult to speak Of these things and
preserve the judicial temperament, TO
repress the feelings of the man, and
to allow full play for the cool, calm
deliberation of the judge. If the as
sault may be characterized as coward
ly and brutal, what shall be said of
this act of Kennedy which induced ir,
The prosecution has asked the court
to consider whether there was an
attempt at blackmail. The evidence
shows that there was; that Kennedy
had set in motion all the trenchory
to produce that felony, and that It
was no fault of his that the attempt
failed. II Fred Work had called at
kennedys office In response to the
request of the mythical person 'Har-
rls,' there Is no doubt In the mind Of
the court that blackmnil would have
resulted. Kennedy should be pro.
foundly thankful that the Works fail.
ed TO take the bait lie had so care.
fully laid.
"rhe so-called long article which
Kennedy set up in tyne but withheld
from his paper cannot be considered
as giving provocation to his assall.
ants because they did not learn of It's
existence at that time. but II Is very
important evidence to establish the
fact of this attempt at blackmail.
why was it composed; The nm.
contradicted testimony of the witness
Roam, supported by thar of Fred
Work, shows that II was to be used
for the eNtortion of mony by threats
to publish. II iustliies the belief, In
the minds of the defendants, formed
before the assault that an ATTEMPT
was being made to blackmail them
II IL proper to consider this question
now whether this attempt at black
mail constitutes lawful provocation
for the assault and battery.
"proyocation is such conduct or
actions on the part OF one person to-
| ward another ms tend TO arouse rnnc