The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-06-13
By the Ruling Out of E. w.
Lewis Testimony.
Evidence of Another Witness
Treated in Same Manner.
BERT PRINCE CALLED.
Brother Of the Defendant Again
on the Stand.
Expert Testimony Offered to
Sustain Insanity Plea.

Kansas City, June 13.-Last night the
jailer was compelled to call in a physi-
clan to attend Mrs. Kennedy, and it was
necessary to administer a sedative to
produce sleep. The prisoner was weak
and nervous, plainly affected by the
courts action in ruling out what the
defense asserted was their strongest
evidence, that of E. w. Lewis, who. 1t
was their theory, would prove that
Kennedy had admitted that he had
ruined the girl and then Tilted her for
another woman. This morning when
she appeared in court she was much
depressed and detected.
One of the first witnesses called to-
day was Arthur H. Kuhn, a former in
innate friend of Kennedy. Kuhn, as
was Lewis, was asked to recite a con-
versation had with Kennedy regarding
his forced marriage to Miss Prince and
of the facts leading up to it, but the
prosecution objected and the testimony
was ruled out However, as yesterday
in the case of Lewis testimony, Kuhn
was permitted to make his statement
to the court stenographer-
Kuhn told of meeting Kennedy on the
day following the latter'S- forced mar
riage and of Kennedy complaining that
Kuhn had not greeted him cordially
Kuhn had replied:
7 don't see how can have much use
for a man who will admit that except
for him a girl would be as pure as the
driven snow and then compel her to beg
him to live with her. and then to have
him ask for a divorce. I told him to do
the right thing and that if he did I
would call on him. He shook his head
Did he deny the Statements You said
you had heard2'' asked Attorney Near
sHe did not
L told him that if he did not do the
right thing he would get into trouble
I also told him that a man with
family would be justified in letting day
light through him.
BERT PRINCE RECALLED.
Bert Prince, travelling mandolin
player and favorite brother of the de-
fendant who is accused with his father.
brother and sister of conspiring to kill
Kennedy, was the next witness. He had
earlier in the trial appeared for the
state and his testimony dealing with
his movements on the day of the murder
had moved Mrs. Kennedy to tears. To-
day again she constantly wiped her
ewes and once or twice cried aloud as
he gave his testimony. Prince told of
going to his fathers pool room late in
the afternoon, of his father telling him
of the shooting after it had occurred and
of their going together to the scene.
Prince denied that he had any knowl-
edge that violence was to be done to
Kennedy, or that he had forecasted the
murder a day before the killing.
DR. Punton, an insanity expert, was
called and testified that it was possible
that the defendant had inherited trace
of insanity from her grandfa ther, who
had been sent to an asylum, but on
cross examination, admitted that her
condition of hysteria at the time of the
murder did not necessarily indicate de-
mentia. or that she was unable to dis
tinguish right from wrong.
With this testimony the defense
closed and the state began its rebuttal
introducing c. J. Dillon. a reporter.
Dillon had seen Prince at the police sta
ton Immediately after his sisters ar
rest and the state tried to show that
Prince admitted having been near Ken
nedy's office before the shooting began.
Dillon said he had asked Prince where
he was at the time and that Prince had
hesitated, finally answering, 'I-I-I-
was at my fathers pool room
When court adjourned for lunch it
was apparent that the taking of testi-
mony would be concluded in the after
noon, making it possible to begin the
q ara1lnlants fOInOrrO4Y.