Iowa
Old Press
Clinton Morning News
Clinton, Clinton County, Iowa
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.
[transcribed by A.H., April 2009]
-----
Clinton Daily Herald
Clinton, Clinton County, Iowa
September 30, 1887
In the case of Barney Kennedy, charged with the murder of his
wife, in Dubuque, Kennedy was found guilty of murder in the first
degree with the death penalty. His attorney will make application
for a new trial. The law provides that he be kept confined for
not less than a year nor more than fifteen months in the
penitentiary after sentence of death is pronounced. The murder
took place on the night of April 22d last, but was not discovered
for two days, when the body of the unfortunate woman was found in
a field quite a distance from the house, the head and neck
literally hacked to pieces by some instrument afterwards shown to
be a chisel. Kennedy stoutly denied the crime and sought to fix
it on others.
--
John Storm, a well known citizen here died Thursday. He had for
several years kept a salon in the very center of town, and up to
some five years ago was a hearty well kept man, with pleasant
family, but the avenger of all evil has been on his track. His
wife died a few years since. Next he became financially involved,
lost his property and strong drink has now literally burned out
his life – leaving as he does quite a family of children,
who will have the sympathy of the community.
--
Constable Del Swaney is in ill luck here again. He being the
Democratic appointee by the Democratic township board of trustees
feels called upon when in town to spend his time and money in the
Democratic business houses (alias saloons). This week, after
having patronized said business extensively, with a fellow
Democrat, Mr. Hasson, a dispute arose, resulting in a street
fight, both parties having purchased so large a lot of Democratic
goods that neither could hurt each other, so a large crowd
gathered around to see and enjoy the fun, when Democratic Officer
Weasmere arrested them both and took them before His Honor,
Democratic Justice Halroyd. Mr. Hasson, by this time, having lost
somewhat of the effect of his side, and made a strong plea of
self-defense, which was accepted by the court and “Del”
was fined five dollars and cost. Dare the court collect that
fine?
[transcribed by A.H. & K.W., April 2009]