The Bamberg herald. [volume] (Bamberg, S.C.) 1891-1972, 1909-08-05
KENNEDY IS CONVICTED
VERDICT IS ACCOMPANIED WITH
RECOMMENDATION TO MERCY.
Defense Will Ask for New Trial.
Facts of the Assassination OF
Perry Ussery Reviewed.

Facts of the Assassination OF
Perry Ussery Reviewed.
Barnwell, July 29.-The famous
Chester Kennedy case came to close
this morning at o'clock, when the
jury returned verdict of guilty with
recommendation to the mercy of the
court. The case went to the jury a
little after / O'Clock yesterday and
after celebrating for II hours they
agreed upon a verdict of guilty with
recommendation to mercy. 1t is un-
derstood that all of the jurymen ex-
cept one wanted to convict outright,
but that there was one man who
would not agree to verdict OF this
kind. He held out and early this
morning. all Of the jurymen came to
his view of the case rather than have
q mistrial again. This verdict will
carry the sentence Of life imprison-
ment with it. The attorneys for the
defense will, it is understood, make
q motion for q new trial, and. if that
is not granted, an appeal to the su-
preme court will be made.
While the care made out BY the
State was very strong one, yet there
were very few who thought that a
vefdict would be reached It was a
case of q negro against white man,
and the opinion was that there would
be another mistrial.
So far the Judge has not sentenc-
ed Kennedy, but will do so before
court adjourns on Saturday.
Story of the Crime.
The crime for which Kennedy has
been convicted is one that has at
tracted attention throughout the
State since it was committed. Last
November Perry Ussery was shot
from ambush and instantly killed. At
the time of the tragedy, he was in the
company of Mr.. Marvin Holland. The
shooting occurred on the carnival
grounds almost in the heart of the
town, about II o'clock at night. 1t
was on Saturday night and the car
nival people were closing up to tear
down their tents preparatory for a
move the next day. In the midst of
the excitement incident to this work,
the loud report of shotgun rang out
upon the air. That shot, it has been
proved, was fred by johnson at the
instigation of Grubbs and Kennedy
in order to kill Mr.. Marvin Holland.
The assassin made his escape that
night, and it was several days before
any definite clue could be had. In
the meantime, however, the authori-
ties and citizens of the town and
community had been aroused by the
infamous deed and were doing all in
their power to locate the man or men
who had committed the crime. 1t
was not long before material facts
were picked up and when Detective
Harry Killman, of the Pinkerton
agency, arrived he was enabled to
start right in and get results. BY the
valuable aid given him by the local
authorities he was able to weave
thread of testimony around the guilty
men, and before they knew it, they
were held tight within the meshes of
the law. .....--.
Kennedy was not arrested until
after the first trial of Johnson and
Grubbs, held at the March term OF
court, when the negroes were con-
victed for the killing. 1t will be re-
membered that after they were con-
victed and Johnson had been sentenc-
ed to be hanged and Grubbs had been
sent up for life, Mr.. Ninestein, attor-
ney for the defendants, made a mo-
ton for a new trial on the grounds
of after-discovered evidence. This
motion was not contested by the
States attorneys and the new trial
was granted.
Just as soon as the new trial had
been granted the negroes, steps were
taken by the State to have Kennedy
brought to trial. And the time in
tervening between the March and
July term of court was taken up by
the State in linking together the
chain Of testimony that has resulted
in Kennedy's conviction:
The First Trial.
It will be remembered that Ken
pedy was tried here two weeks ago
to-day for this same offense, and, af-
ter one of the most, interesting and
exciting cases ever. tried in this court
house, the jury failed to agree, and
q mistrial was ordered by Judge
Gary. Not daunted at this seeming