The Kennedy Murder Case

KENNEDY, LENEHAN, COUCH

Posted By: Anne Hermann (email)
Date: 4/17/2009 at 10:37:03

Clinton Morning News
September 28, 1887

The Kennedy Murder Case

The jury in the Kennedy murder trial, after being out ten hours, returned a verdict last evening of murder in the first degree. Judge Couch being absent, Judge Lenehan received the verdict, and sentence will not be pronounced until the return of Judge Couch to-morrow. The jury is required by law to decide whether the penalty shall be death or imprisonment for life. In this case it decided that the penalty shall be death.

Under the provisions of the law of 1878 which re-established capital punishment in Iowa, the prisoner cannot be executed until he has been confined in the penitentiary for a period of not less than one year nor more than fifteen months. This provision was made for the purpose of preventing, as far as possible, the execution of prisoners who may be innocent, and whose conviction may have been secured through a chain of circumstantial evidence which time might prove to have been misleading. It is a wise provision.

Kennedy will undoubtedly apply for a new trial, and if refused, appeal to the Supreme Court, which appeal will stay the infliction of the death penalty until the Supreme Court has passed upon said appeal. Should the Supreme Court, which appeal will stay the infliction of the death penalty until the Supreme Court has passed upon said appeal. Should the Supreme Court refuse to interpose, the dernier resort will be to the Governor, but unless the prisoner, if a man, be adjudged insane, or if a woman, be declared pregnant, the Governor cannot stay the execution of the death penalty.

Kennedy has had a fair trial. We do not believe that even the Telegraph will dispute that statement. He has been found guilty of one of the most atrocious crimes in the history of the State – the brutal murder of the wife of his bosom and the mother of his children. That the sentence of death is justifiable no one can doubt. His execution alone can satisfy the demands of justice. –Dubuque Times.