The herald and news. [volume] (Newberry S.C.) 1903-1937, 1912-12-31

and 1 am satisfied that they sWorc
deliberate lies, under promise that
they would be given their freedom. If
Kennedy Was guilty, he should have
been hanged There was no room for
recommendation TO mercy, and, in my
opinion, the jury was not satisfied OF
his guilt. or they would not have rec
commended him to mercy. After his
trial and conviction, the negroes were
tried again and were convicted, but
also were recommended TO mercy,
thereby not getting their promised re-
ward for bringing Kennedy into the
case. They were all three sentenced
to the penitentiary TO serve life SEN
tences At that time, feeling was very
high in Barnwell, because Of the num-
ber of crimes which had been commit
ted there. The people were aroused,
prejudice was running very high and
notwithstanding counsel endeavored
to get continuance, the court was
continued, judges were actually
swapped during the term OF the court,
and this man Kennedy pushed into
the trial of his case for the second
time during the same term of court
The first having been mistrial.
In addition to this, Pinkerton
hireling, so-called detective, should
be more properly called a guttersnipe
or pimp, looking for filth by which he
could make a few dollars, was slipped
around from place to place, hunting
somebody to swear against this! unfor-
tunate man. After the trial was all over
and everything had quieted down,
while walking through penitentlary on
other matters, not thinking OF this case
or having it in mind, negro stopped
me and asked to make statement
(said statement having already been
ouoted above in full), which state
ment absolutely contradicts the testi-
mony which put Kennedy in the penl-
tentiary. have read the testimony;
heard the arguments; have talked to
the NEGROES and have thought over the
matter and given it more thought and
consideration than any case that mas
ever been before me; having had 1t
under consideration for long time;
and. | have reached the conclusion
that these negroes are perjurers; that
they are unworthy Of the belief either
for or against Kennedy and that this
was a made-up scheme on Kennedy by
some of his white enemies, and that
these black perjurers, murderers, IN
an effort to save themselves, dragged
him into the case.
The record also shows that in the
second trial, johnson repudlated MS
alleged confession and admitted MS
neriurv. and the court adjourned for
the night, and the next morning came
into court and again stated that MS
confessions were true, and in his eX-
aminations made the statement that
he had been threatened during the IN
terval by the parties named and fore
ed to resume his former attitude Tor
fear of death, etc. 1t is inconceivable
to understand how an intelligent jury
could have been induced to accept
such varied statements and convict
this young man except from feeling
and prejudice.
The record also shows that the
prosecution was not\ satisfied with
showing the alleged iii feeling towards
Holland. but also endeavored to show
condition of intimacy with the Wild
NV of one Weeks who had been pre-
viouslv assassinateu in Barnwell coun-
tv in order to connect Kennedy Win
that crime, hence Kennedy was on
trial practically for two muroerS'
without any notice to him and WIN
out any opportunity to defend hlmseH
it was a judicial crime against thlS
man.
Hon. James F. Byrnes, the sollcltor
who prosecuted the case against hen-
nedy, in a letter dated December -
1912, states:
81 feel that I have done my duty in
the case and shall have nothing fur
ther to say in the matter"
For these reasons, l am constrained
to grant to the. defendant pardon.
l have proof before me that he is from
a good family Of people; that his
mother and five sisters are good true
Uoroa,, and that his father was q good