The Montgomery advertiser., 1901-06-13
TESTIMONY RULED OUT
BLOW TO THE DEFENSE IN THE
 KENNEDY CASE.
Judge Wofford Holds That the Evi- dence of Lewis Must Be Corro- borated Before Going to
 the Jury.

Kansas City, Mo-, June 12.-Juoge Wofford today ruled out the testimony of one of the strongest witnesses pre- sented so far by the defense n the case of Lulu Prince Kennedy on trlal for the murder of her husband. The defense had evidently counted much on being able to present this testimony, and the courts order to strike 1t out was considered a blow to its side. Mrs. Kennedy was visibly depressed by the courts action. The witness was Ed ward W. Lewis, an inspector for the Western Railway Association Inspec- ton Bureau, and a personal friend of the dead man. Through him the de- fense hoped to prove the theory that Kennedy had ruined Lulu Prince undsr promise of marriage and then refused to marry her or live with her after marriage had been forced upon him.
 The testimony of Lewis was ordered taken down by the court stenographer, bu. the court refused to jet it be given to the jury until corroborated. The statement os Lewis follows:
 The day after the marriage Phil Kennedy came to me to talk about the weldEg. He told me he had known the girl for three years and that he had loved her and that he had promised to marry her and that he had ruined her. He said that after he had ruined her he had lost his respect for her. He told me that he had been called Gp by MT. Nearing at his office and went there, where Mir. Nearing told him that he had to marry Lulu Prince. He refused and went out in the hall, where he found Lulu, the father and brother. Lulu put out her arms and said: Phil, don't blame me. This is not my doing He said: They threat ened me and we went with them over to the Court House, where we were married
 "Phll asked me what he ought to do, and I told him that it was his duty to take her and acknowledge her as his wife. He said. If I do people will not have anything to do with me. They will not call upon me- I told him not to consider that and to show him that I was sincere in my advice, l promised him that if he took his wife and lived with her l would be the first one to bring my wife to call upon him. He said that my advice was good and that he would do so. I met him the next day and he told me he had changed his mind. I will not have anything more to do with the girl he said.
 T asked him why, and he said that his mother was violently opposed to 1t and besides, he had received a telegram from the girl in Grand Rapids and he said, She has forgiven me fully
 T saw him almost every day, and continued my advice about doing his duty to Lulu. The day before the shooting I saw him and he asked me if I believed in an eternal hell. I asked him why he wanted to know, and he replied that he intended to kill him. self. He said to me with sadness, Ed, I ought to have taken your advice. It's too late now
 T answered. Yes. it's too late.' He W n. away and the next day he vas killed
 The MT. Nearing mentioned in Lewiss statement is the leading attor- ney for the defense. The defense's theory is that Kennedy tilted Miss Prince for the Grand Rapids woman mentioned in the statement. Other tes- timony presented by the defense was an attempt to show that Mrs. Kennedy w IS temporarily insane at the time of ne murder.
 The defense had not closed when court adjourned for the day.