The St. Louis Republic. [volume] (St. Louis, Mo.) 1888-1919, 1901-06-15
Prosecution Offers a New Theory
in the Case Against Doc
tor Kennedy.
FINAL PLEAS TO THE JURY.
District Attorney Argues That the
Dentist Killed dolly Rey-
nOlds TO Recover the
Tell-Tale Check.


New York. June l4-In his summing up
to-day. I'm the trial of Doctor Samuel J.
Kennedy for the murder of Dolly" Rey-
nolds. Assistant District Attorney Osborne
declared that he believed Kennedy had com
mitted the crime while under the influence
of some drug. and. seized with n sudden ter
TOR when he found the girl was dead. had
fed. leaving behind the bludgeon and on
the body of the victim the check which the
prosecution contends was the motive for
the crime. This point was made at the
former trials.
Mr.. Osborne finished his address at half
past O'Clock. and the trial was adjourned
until tomorrow morning. when Judge
Newburger will deliver his charge and give
the case to the jury.
Faithful Wife Is Confident.
Mrs. Kennedy, wife OF the prisoner.
smiled sadly as she left the courtroom at
recess. but she spoke bravely when asked
II she had any statement to make. Il am
confident that my husband will be acQuit-
ted" she said. but. no matter what the
verdict may be. my husband is innocent. I
know him too well not to know that he
could not have done this"
1t was an impressive scene when Mr.. Os-
borne faced the twelve men who are TO deal
out life or death to the young prisoner.
The room was crowded to its utmost ca
pacity. and the door was locked to keep
out the great throng in the corridors. II
was as Il the audience had come to witness
a tragic play, and suppressed excitement
showed in every face as Doctor Kennedy.
in charge of a court attache. walked with
brisk step and appraised head into the room
and took his accustomed seat beside Rob-
ert n. Moore, his counsel. within the rail-
All eyes were turned a moment later as
Mr.. Osborne. looking pale and worn. but
very determined. entered the room Every
body knew he was about TO make the ef-
fort OF his life. and great things were ex-
pected Of him. One of the reports was that
he was going TO spring a new theory. one
that would startle the jury and audience
and go far toward turning the minds Of the
twelve men against the defendant.
Mrs. Kennedy. wife of the prisoner. was
in court: SO was her father and Kennedy s
father. With them were a score or more
of friends and In the room were many
women.
COncession Granted the Defendant.
When the jury had been polled, Mr..
Moore caused a surprise. Judge Newburger
gave him permission to add q few words
to his summing up yesterday Facing the
jury. Mr.. Moore called attention to the fact
that Marie Wainwright had said her re-
hearsals began in the middle Of August.
1883. and not on August . as a witness for
the prosecution testified He also said Miss
Wainwright had corroborated her husband,
Franklyn Roberts. and declared the evil
dence had shown she had gone to the Hotel
Normandie before going to the Endicott on
August "a. as the prosecution contended.
Mr.. Osborne began by saying that the
public should be congratulated on the char
acter of the jury. There was no man. he
added. who would not be satisfied with its
verdict. He then said the defendant was
represented by the most able counsel and
everything that could be suggested by the
ingenuity of man to help him.
Il know you want to acquIt him." Mr..
Osborne said to the jury Il feel 1t.
District Attorneys have as much heart
as much mercy as any private Individual =.
the prosecutor continued. "who can look
at the wife of the defendant. at his AGED
father. without wishing to say to this de-
fendant, Go home to your family: Won are
free? would Ike to go through life leaving
behind a multitude OF people grateful I'm
their hearts to me. but all of us must do
our duty
Il want to say now that you have not
heard the theory OF the prosecution. Let
us look at Mrs. Melville's testimony. She
did not say. as Mr.. Moore declared that
the man who called on her looked like Doc
tor Kennedy Mr.. Moore has said the testi-
mony Of Mrs Melville would clear Doctor
Kennedy. Let US see."
Mr.. Osborne then read Mrs Melvflie's tes-
timony. which. he alleged. showed that the
witness had never said there was any re-
semblance to the defendant. Slamming a
book of the evidence upon the table. Mr.
Osborne declared Mr.. Moore. in his sum-
ming up. had put testimony in the mouths
OF witnesses that they had never said.
Check Found on "Dolly" Reynolds.
Now We will take this little piece Of
paper found in the room with Dolly Rey-
nolds. torn in bits" Mr.. Osborne continued
This little paper now takes unto itself
soul and action and points at this defend
ant with stern but certain emphasis
Mr.. Osborne then picked up the bludgeon
and declared II was never made to commit
murder with. 1t was made. he said. to
strike the thousand blows of an artisan.
not the two or three blows OF a murderer.
The Assistant District Attorney then Of
fered a startling theory in regard to the
bludgeon.
when a man works himself up to the