The times and democrat. [volume] (Orangeburg, S.C.) 1881-current, 1909-07-31
FOUND GUILTY
Kennedy Convicted but Recon-
msnded to the
MERCY or the COURT

A Notable Trial at Barnwell, Crow
ing Out of the Assassination Of
Perry Ussery Last November
Comes to an End by the Convic-
ton of Negroes and White Man.
A famous case was ended at Barn
we'll on Thursday by the conviction
of Chester Kennedy, a white man.
for murder. The case went to the
Jury a little after l o'clock anu
after deliberating for seventeen
hours they agreed upon a verdict
of guilty with recommendation TO
mercy. It is understood that all OF
the jurymen except one, wanted to
convict outright, but that there was
one man who would not agree to
q verdict of this kind.
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 Hol-
land. 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
carnival people were closing up to
tear down their tents, etc., prepar-
atory for q move the next day. In
the midst Of the excitement incl
dent to this work. the loud report
Of a shotgun rang out upon the air.
That shot, it has been proven, was
fred by Johnson and at the instiga-
ton of Grubbs and Kennedy In or
der to kill Mr.. Marvin Holland.
The assassin made his escape that
night, and it was several days be-
fore any definite clue could be had.
In the mean time. however, the au-
thorities 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 mn who had committed the
crime.
It was not long before material
facts were picked up. and, when De-
tective Harry Kiilian. Of the Pinker-
ton 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 ere they knew
it, they were held tight within the
mesh of the law.
Story of the Crime.
The story of the crime as 1t was
developed on the witness stand, and
Is substantially as follows: On Sat-
urday night, November %, 1908,
Mr. Perry Ussery was shot from am
bush by negro, Quitman Johnson,
and instantly killed, and Mr. Mar
vim Holland, who was with Mr.. Us
sery when he was killed, was also
wounded. The testimony went to
show that Johnson was trying to Kill
Holland and shot the wrong man.
Ferdinand Grubbs, a negro man past
the middle age of life, was John
sons aid, and abetter.
Johnson did not know Holland,
and it was Grubbs who bought the
gun with which the crime was COM
mitted, who pointed Holland out to
Johnson, who selected the place for
the crime to be committed and plac-
ed the gun in concealment beside the
screens, and who after the shooting
met Johnson just outside of town
in his buggy and took him to his
home, and concealed him until he,
Johnson, could get to Aiken coun-
ty.
The testimony brought out by the
State went to show That there was
i'll feeling between Kennedy and
Holland; that Kennedy was afraid
for Holland to come to Barnwell to
testify in a certain case at the NO
vember term of Court last year; that
in order to shut Hollands mouth
and keep this information he had
hired Grubbs to get this man John
son to assassinate Holland before
court commenced; that in attempt
ing to kill Holland on the Saturda!
night before the opening of cour'
Johnson made a mistake and killed
Ussery instead.
Kennedy's defence was general
denial, backed up by proofs of alibles
in contradiction to statements made
in the confession by Johnson and
statements made on the stand BY
Grubbs. Notwithstanding the hard
fight by the defence, 1t was lmpos'
sible to shatter the strong array OF
testimony put up by the State, and
Kennedy is today convicted by twelve
of his peers.
Kennedy was not arrested unit
after the trial Of Johnson and Grub
bs held at the March term of court
when negroes were convicted for the
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