JURY HEARS KENNEDY'S DYING DECLARATION
DR. HENRY KENNEDY TELLS OF BEGINNING OF BROTHER'S
FRIENDSHIP WITH DR. DEAN
That he noticed a growing relationship between his brother Preston and Dr. Sara Ruth Dean, who is now facing a jury on trial on a charge of murder in connection with his brother's death, was detailed to the jury in Circuit Court here this afternoon.
That on one occasion in May or June, Mrs. Bessie Barry Kennedy would not return to her home to spend the night after waiting at Dr. Henry Kennedy's home for Dr. Preston Kennedy's return from a medical meeting at Drew was stated to the jury in response to questions from District Attorney Arthur Jordan.
On this occasion the witness stated that his brother, Dr. George Baskerville and Dr. Dean had gone to do to Drew or Belzoni to attend a medical meeting, and that Dr. Preston Kennedy's wife and baby were at his home at the Weiler apartment awaiting the doctor's return.
The witness declared that he saw his brother's car pass the apartments with the three in the car, and that later he saw the car turn into the driveway at the Kennedy Physicians and Surgeons building, and saw Dr. Dean rush out of the car and go into the building and saw Dr. Kennedy go in with her. The witness, and Mrs. Kennedy waited thirty or forty minutes until they saw the pair come out of the building, get in the car, and turn west on Washington Street, although the direct way to Dr. Dean's home would have been east.
Dr. Preston Kennedy called him from his own home later, and asked where his wife and baby were.
"I told him that were at my home," the witness said, "and he came right over."
"Did they return home with him," the attorney asked.
"They did not," the witness replied.
Questioned by the District Attorney, Dr. Henry Kennedy said that Dr. Ruth Dean took her offices in the Kennedy Building a few weeks after the opening of the building in 1929.
"Did she continue there?" The attorney asked.
"No, she moved in December or November, 1930."
"Did you have the occasion to observe the relations between your brother and Dr. Ruth Dean?"
"Yes sir. It was very friendly. I noticed the two cars parked at the building late in the afternoon several times."
"What was the usual quitting time?"
"Around five o'clock."
"Whose cars do you mean?"
"Preston's and Dr. Dean's."
"Anything else you noticed in their relationships?"
"I noticed the two cars there several times on Sunday afternoon."
"Anything else that came to your notice?"
"In May or June 1930 there was a medical meeting either at Drew or Belzoni. Preston, Dr. Baskerville and Dr. Dean had gone to the meeting and Preston's wife and baby were at my house awaiting their return. They came in about 11:30. I heard the car pass my apartment, saw Dr. Baskerville, Dr. Dean and Preston in it. Saw the car again a few minutes later at the Medical Building."
"What did you see."
"I saw the car drive to the east end of the medical building and stop. Saw Preston get out and open the door. I started over there. Dr. Dean got out of the car and rushed out of the car into the building. Preston closed the door and went into the building. I stopped and went home and told my wife. We came outside and waited with Mrs. Kennedy about thirty or forty minutes."
"What happened then."
"They came out, got in the car and drove off."
"Which way?"
" They headed north on Henderson Street and then west on Washington Street."
"When you next hear from your brother?"
"He called me from his home in a few minutes later and asked where his wife and baby were. I told them that they were at my home and he came right over."
"Did they go home with him?"
"No."
"Where did they stay?"
"At my home."
"How many nights?"
"Two."
At this juncture, Mr. Jordan told the court that he had some letters he wanted the witness to identify but that he did not know which ones he could identify and asked leave to confer with the witness and a recess was granted for that purpose.
From The Greenwood Commonwealth, February 6, 1934
Statement Accusing Dr. Dean Of Murder
Admitted As Evidence
Evidence in the trial of Dr. Sara Ruth Dean, charged with murder in connection with the death of Dr. J. Preston Kennedy last August was "second hand" to the audience which again packed the Leflore County Courthouse, and was "new" only to the jury which came into court at 10:45 this morning after being shut up in their room since 3:35 yesterday afternoon.
Dr. Henry Kennedy, brother of Preston Kennedy, was on the stand again during the morning, and gave again his evidence of the statement made by his brother on August 2, 1933, 4 days prior to his death.
The state offered the statement as a dying declaration charging that Dr. Dean gave the dead physician a drink of poison liquor. The court and audience heard the statement yesterday afternoon in the absence of the jury. Judge Davis ruled that the statement was admissible.
Court was delayed in starting this morning, due to the absence of Attorney Fred Witty who is conducting the examination of witnesses for the state. Mr. Witty was under the care of a doctor for treatment to his throat, and arrived in the court room about ten o'clock.
Prior to Mr. Witty's appearance the defense counsel had made, withdrawn, and remade several motions in regard to the testimony of Dr. Kennedy. Judge Davis overruled all of the motions, however, even when counsel was unable to agree between themselves as to the proper form of motions to the court.
Henry Kennedy was the only witness called during the morning, and his testimony went to the jury in disjointed fashion, due to the constant objections of Attorney J. J. Breland of the defense. Mr. Breland was objecting to every question asked by the prosecution, after the court had ruled that a ge neral objection to all of the testimony would not be entertained.
Dr. Kennedy's testimony followed the same course as that of yesterday afternoon, with some of the features excluded by the court's rulings.
The witness told that on Wednesday night August 2, he was called by the nurse and told that Preston wanted to talk with him. He came in to the sickroom. His brother Barney was on one side of the bed, the witness on the other and Dr. W.F. Hand attending physician on the other.
"Preston said," the witness testified, 'Boys my time has come. I'm going to die, and I want to talk with you before I go unconscious.' Barney and I began to cry. Preston said, 'Boys, don't do that. You make it hard on me and you make it hard on yourselves. We have been the Three Musketeers; we have always stood together. It has fallen my lot to be the first one to go. I want to talk over some things with you first. Henry, I want you to take care of and look after my wife and baby. You have always been kind to her. They are well provided for with insurance. I would like for them to have your better judgment about things.'"
The witness said over objections of the defense that Preston told him where he could find the combination of the safe. He then repeated the accusation against Dr. Dean.
"Barney said to him, 'tell us how this thing happened.' And he said, 'Dr. Dean gave me a drink of whiskey with poison in it. I believe it had mercury in it.'" the witness said.
Defense counsel objected to that portion of the testimony which described what Preston Kennedy believed, and the objection was confessed by counsel for the state through District Attorney Arthur Jordan. The jury was instructed to disregard that portion of the testimony.
That portion of witness's statement which related that Dr. Dean had been worrying Preston Kennedy was also stricken from the re cord, but the court admitted evidence that Dr. Preston Kennedy had told his brothers that Dr. Dean called him several times on the night of July 27 and that he had finally dressed and taken her back to his office where they had several drinks.
"Preston said," the witness related, "that he was very tired and that she said 'Well, let's have a farewell drink.' Preston went to get some water and when he came back found the drinks were already poured. He noticed a strong metallic astringent taste and hurriedly took Dr. Dean home."
The witness attempted to tell that Preston Kennedy had driven down Avenue I and gagged himself to free himself from the poison, but on objection the testimony was ruled out.
A final message from Preston Kennedy to his wife, through the dying doctor's mother was related to the jury just before court adjourned for the noon recess.
Henry Kennedy called the family, he said, after the statement which had been testified to, and said: "Preston said to his mother, 'I've been a good boy haven't I? Tell Bessie Barry that I still love her and always will.'
The dying doctor was given a blood transfusion with Henry Kennedy supplying the blood on the next day, but was in a stupor most of the time thereafter until his death, the witness told the jury.
From The Greenwood Commonwealth, February 6, 1934
IDENTIFICATION OF LETTERS OCCUPIES
FULL DAY IN COURT
Love letters in a murder trial held the center of interest in today's progress of the state's case against Dr. Sara Ruth Dean, Greenwood baby doctor, alleged to have served a fatal poison in whiskey last July to her associate, Dr. John Preston Kennedy, chief surgeon of the Greenwood clinic.
District Attorney Arthur Jordan, of the prosecution, offered a batch of letters purportedly written to Dr. Kennedy by Dr. Dean during their professional association. These missives were held awaiting positive identification of the signature.
One of them, signed "Ruth," was dated July 27, the day of the night on which Dr. Kennedy charged in his dying statement that Dr. Dean served him a poisoned drink of whiskey.
Counsel assigned jealousy as a motive for the alleged act as Dr. Kennedy was making plans to re-wed his wife who had divorced him.
The July 27 letter stated: "Am planning to leave Sunday and I want to turn over something to you."
In return A. F. Gardner of the defense counsel, produced a package of letters which he said Dr. Kennedy had written to Dr. Dean, ranging in length from one page to nine.
Some of the letters were shown to have been received by the woman physician while she was serving as an associate at a Lewes, Del., hospital, during a separation of the Kennedys but prior to the granting of divorce.
The last letter was dated July 21, six days prior to the alleged midnight farewell meeting of Kennedy and Dean in the Greenwood clinic where witnesses quoted Dr. Kennedy as charging the "farewell drink" was served.
These letters were introduced by the defense merely for identification of the signature by Dr. Henry Kennedy, brother of Dr. Preston Kennedy, who has been on the stand since Monday afternoon.
Mr. Gardner said the contents of the letters would be reserved unto the defense takes the stand when Dr. Dean is expected to testify.
As the testimony offered by the state advanced today the defense continued attack on the deathbed statement of Dr. Kennedy, and indicated they were laying the basis for a claim of suicide or an overdose of opiates.
It was brought out in the testimony that Dr. Preston Kennedy had "less than $3000 in the bank" when he died and that his brother, Dr. Henry Kennedy had administered restoratives to him in a previous illness.
The brother described the deceased surgeon as a man who would take a drink, but denied that he drank to excess.
Dr. W.F Hand, of Jackson, who administered to Dr. Kennedy in his last illness in the Jackson Hospital, is expected to take the stand later.
The last conscious words of Dr. Kennedy were related today out of court by Sam I. Osborn, a Greenwood attorney, and a close friend of the surgeon who gave of his blood in an unsuccessful transfusion.
"I cannot go back with you old boy, I'm going the wrong way," the attorney said Kennedy told him when he was at death's door.
"While I did not reach Jackson until after the doctor made his alleged dying statement," said Mr. Osborn, "nevertheless the doctor recognized me and expressed his appreciation of my visit to him and his affections for me."
Mr. Osborn is a law partner of Fred Witty, who is engaged by the Kennedy family as special counsel to assist the prosecution. His status in the case has been questioned by counsel for Dr. Dean, but he said he was not actively engaged in the prosecution because of his intimate friendship for Kennedy and the possibility that he would be called as a witness.
Practically the entire afternoon yesterday in the entire session this morning were consumed by defense attorneys in having Dr. Henry Kennedy identify the signature on alleged love letters from Dr. Preston Kennedy to Dr. Dean, which will be introduced when the defense opens its case.
Dr. Dean, after nearly two weeks in the courtroom, sat calm and expressionless as her attorney, J. J. Breland, handed letter after letter to Dr. Henry Kennedy, asking each time: "Doctor, I ask you who's writing that is."
Scanning the pages casually, Henry replied without variation: "Preston's", and handed them back to the attorney.
At noon today the defense had had Dr. Kennedy identify the handwriting in 113 letters as that of his deceased brother, and attorneys announced that others would be produced for identification this afternoon.
The state likewise has introduced letters for introduction, allegedly from Dr. Dean to Dr. Kennedy, but up until noon today had not identified the signatures "Ruth" as Dr. Dean's handwriting.
The trial was halted temporarily shortly before noon, when one of the jurors, R.B. Blanchard, the twelfth man selected, was stricken with an attack of indigestion.
Dr. George Baskerville was called in and Juror Blanchard returned to the box a few minutes later. Mr. Blanchard suffered a similar attack last Saturday afternoon.
From The Greenwood Commonwealth, February 8, 1934
TRIAL OF DR. DEAN NEARING END
UTTER SILENCE MAINTAINED BY WOMAN DOCTOR
Maintaining utter silence though her council talked freely about her case, Dr. Sara Ruth Dean, pretty, 33 year old slender, brunette, olive complexion child specialist, is on trial before Judge S. F. Davis in circuit court on a murder charge in connection with the death of Dr. John Preston Kennedy, prominent Delta physician and former professional associate, who the state charges died from a poison whiskey highball.
The state will demand a verdict of guilty to the charge, District Attorney Arthur Jordan, prosecuting, announced, while A. F. Gardner, chief counsel, vigorously asserted that the state "will have to prove it."
"We shall ask for no quarter nor will we give any," said Gardner.
Dr. Dean, who has been at liberty under bond since before indictment on the murder charge, was ready for the trial, but she has remained in seclusion attended by a trained nurse.
At the time of Dr. Kennedy's death he was reported to be planning to re-wed his former wife-they were divorced-who is here for the trial.
The former wife, Mrs. Bessie Barry Kennedy, made a hurried air trip from Panama to Jackson, Miss., at the time of the illness of Dr. Kennedy, but arrived several hours after he had passed away at Baptist Hospital there.
The prosecuting attorney said that it had not been decided whether she would be summoned as a witness, but announced that she was in Greenwood.
The state charges that poison was administered to Dr. Kennedy last July during a midnight visit he made to the residence of Dr. Dean.
For five days, the physician said he attempted to treat himself, but failing in this, he reported his condition to close friends and was taken to Jackson for tre atment where he died on August 6.
It is the contention of the prosecution that Dr. Kennedy made a dying declaration to his two brothers, Dr. Henry Kennedy and Dr. Barney Kennedy, alleging to them that Dr. Dean served him a poison highball.
The defense in discussing the case denies the charge and contends that if there was poison it could have occurred from other sources.
They sought to inspect the hospital records to determine whether Dr. Kennedy was administered opiates that might have affected his mind in his dying condition, but a state statute barred the records from review under a "privileged" provision.
Sheriff Harry Smith is on hand daily with two deputies in order to see that the expected crowds would stage no demonstration, but thus far none has occurred.
Dr. Dean appeared with her attorneys, A. F. Gardner, Sr., Richard Denman and J. J. Breland, Sumner. Her friend, Miss Taylor, of Dover, Delaware who immediately came to Greenwood to be with Dr. Dean, whom she had met in an Eastern Hospital, was also present as was the defendant's aunt, Mrs. J. R. Boyles and her cousin Mr. Noye Boyles.
Dr. Dean was stylishly dressed in a new shade of brown, with coat of lighter shade and matching hat and hose.
She smiled at acquaintances as she entered, taking her seat at the defense table in front of the Judge's bench and facing the jury box. Later in the morning it appeared that she was tiring under the strain and was often observed to wince as Judge Davis questioned the jury.
The deceased's family, including his mother and father, Dr. and Mrs. J. H. Kennedy of Pinola, a small village in Simpson County were present for the trial.
From The Greenwood Commonwealth, February 29, 1934
BRELAND CONSUMES MORNING IN
ARGUMENT FOR DEFENSE
Opening defense arguments in the murder trial of Dr. Sara Ruth Dean, J.J. Breland of her staff of counsel told the jury today the state had "failed to prove its charge that she was with Dr. John Preston Kennedy on the night of July 27, 1933, that she poured a drink of whiskey laden with mercury and that she induced him to drink it."
"She has flatly denied on the stand she kept the rendezvous," Breland said. "She has told you she was at home that night preparing her trousseau to wed another lover, Captain Franklin C. Maull."
Directing a bitter attack on the testimony of Kennedy's relatives that the surgeon on his deathbed accused of Dr. Dean of poisoning him, Breland said: "You heard them repeat that deathbed story six times, word for word, comma for comma, you must know that attorneys test the truth of such testimony by listing for variations in the account."
"Can you say beyond a reasonable doubt that was ever made by Kennedy, and can you say if he did make it that he was rational, that he knew what he was doing?"
Dr. Dean, the 35 year-old defendant, listened at ease, leaning back in her chair. She had chatted freely with friends for a half-hour in the courtroom before the jury was brought in this morning, perhaps for its last day in court.
Her counsel had rearranged the chairs in the enclosure so that she sat somewhat farther away from members of the Kennedy family - the dead surgeon's aged parents, his divorced widow and his two brothers, who wept bitterly during the state arguments yesterday.
The judge canceled last night session in order to attend the Ole Miss - Mississippi State boxing matches. "There are many mysteries in life we do not understand. Why a man with a loving wife should go outside his home to seek love is one of those mysteries, but it has been going on since time began and will continue until time ends."
Dr. Dean testified that she loved both Kennedy and Captain Maull, ship pilot of Lewes, Delaware, but that she had broken her engagement to Kennedy to marry Maull several weeks before the surgeon succumbed to a strange ten-day illness.
At 11 o'clock, the defense argument was interrupted when juror A. W.Wells complained his eyes were bothering him.
"I can't see," Wells told a bailiff, rubbing his eyes.
Presiding Judge S. F. Davis quickly called a recess, retiring the jury and leaving the bench to go into their quarters with them. A physician was called.
Wells' trouble was described as minor by the physician and the jury came back into the box after a 15 minute delay.
"We don't know how Kennedy died." Breland resumed. "We don't know what was in his mind , in his thoughts, but we do know he was worried over finances and other affairs. He could have committed suicide, as many others have done."
"Why does one physician stand alone as the only one that thought Kennedy had mercury poisoning when every other physician failed to detect mercury poison symptoms?"
Breland concluded his argument after speaking for two hours and court recessed for lunch, with Dick Denman scheduled to continue the defense presentation this afternoon.
Judge Davis said a night session would be held in an effort to get the case to the jury.
"We'll go on through tonight," he said. "They're putting on a show over at the high school tonight with 50 or 60 pretty girls in it and I'm sure hate to miss it, but I guess I'll have to."
From The Greenwood Commonwealth, March 3, 1934
EVENING SESSION CONTINUES IN
TRIAL OF DR. RUTH DEAN
Juror A. W. Wells, sitting in the murder trial of Dr. Sara Ruth Dean, charged with the alleged poison murder of Dr. John Preston Kennedy, was reported as seriously ill during the noon recess in the trial today.
The juror, 26 years old, interrupted final arguments during the morning when he complained of eye trouble and was given a 15 minute treatment. A more thorough examination at noon led to an announcement by Dr. J.C. Adams that the complaint was graver that had first been thought.
"It appears to be a general condition. He has been on this trial for five weeks", the physician said.
"I have advised the attorneys to speed up the remaining arguments," Judge S.F. Davis announced when court reconvened.
Judge Davis told newsmen the physician "wasn't sure whether Wells had mastoid trouble are not, but we don't want to take any chances."
Wells, who had to be assisted when the jury was taken to a restaurant for lunch at noon, came into court this afternoon and took his regular seat, but a cot and easy chair were held in readiness for him if either should be needed. It was explained Wells had to go to the restaurant with the other jurors under Mississippi law prescribing that the panel of 12 must remain together at all times.
Twelve relatives and close friends took seats in a double row with Dr. Dean in the crowded space by the defense table.
The jury faced an unbroken crescent shaped line of relatives and friends of both Dr. Dean and Dr. Preston Kennedy.
A hush fell over the courtroom as Dick Denman began his argument in a tone pitched with the emotion.
"We don't ask sympathy for this little girl," Denman began, pointing to Dr. Dean. "All we want is a fair, impartial decision, for we know the state of Mississippi has failed utterly to prove the guilt of Dr. Sara Ruth Dean."
"Dr. Dean got on the witness stand because she wanted the world to know the truth about this case. She didn't have to get on the stand. We could have rested our case."
"But no, SHE WANTED YOU AND AMERICA TO KNOW THAT SHE WAS INNOCENT!" Denman shouted, facing the packed courtroom.
"The state turned its sails when they placed that Negro boy, Toodlums, on the stand to insinuate something about a white woman. It was a desperate move on the part of the state to place a Negro on the stand to testify against a white woman. I resent it and you resent it and the womanhood of Leflore County and the South resent it," Denman, former prosecutor in Tallahatchie County exclaimed loudly.
The Negro testified the operating room at the Kennedy medical building was in disarray after the night of the alleged highball party. Denman said the state last summer charged that Kennedy received the lethal drink at Ruth Dean's house.
"Now, months later they say it happend at the Kennedy medical building. You jurymen read the newspapers last August and can remember that."
District Attorney Jordan interrupted, "Are you going to argue this case on what appeared in the newspapers? If you are, I'll do the same," he declared.
Denman switched to another phase.
"Why did they wait three days and then they got Kennedy's body and examine his organs if there was so sure he had been poisoned? Why did they take out his organs and cut them up --" his voice lowered, "just like they would trim a hog?"
From The Greenwood Commonwealth, March 3, 1934
DR. DEAN CONVICTED
GETS LIFE SENTENCE
"Guilty as charged, but fixing the punishment at life imprisonment: was the verdict in the case of Dr. Dean at 10:50 today after an all night deliberation.
This verdict brought a climax to the five-weeks-old trial of the comely 35-year-old child specialist charged allegedly on Dr. Kennedy's death-bed with having given the surgeon a "drink of whiskey with poison in it" which he believed was bichloride of mercury.
The case went to the jury at 8:50 o'clock last night after impassioned pleas on the part of attorneys for both sides. Defense attorneys led with pleas that the state had not shown that Dr. Kennedy had been with Dr. Dean on the night of the alleged "highball party"; furthermore that the direct cause of Dr. Kennedy's death had not been proven; and that the defense had proven by living witnesses that Dr. Dean had not even seen the deceased on that night.
The state's attorneys plead that it had been shown that Dr. Kennedy was perfectly rational on the night three days before his death, that he made the statement accusing Dr. Dean of administering to him a drink of whiskey with poison in it.
Special Prosecutor Means Johnston led the argument for the state, followed by Fred Witty, and District Attorney Jordan closed the argument for the prosecution.
Winding up the state's case, District Attorney Jordan concluded: "As far as I am concerned, this case is now over. I believe the evidence supports every charge we have made. Let your verdict be square with your conscience, Fix her punishment as you feel is justified."
Defense attorney J. J. Breland led the argument for the defense, followed by Richard Denman, and Chief Defense Counsel A. F. Gar dner, Sr. finished the argument.
The state based its case on the "dying declaration" of Dr. Kennedy who, according to state witnesses, called in his brothers, Dr. Henry Kennedy, Greenwood dentist, and Dr. Barney Kennedy, Jackson dentist, to "tell them something." According to testimony of state witnesses, Dr. Preston Kennedy declared that "Dr. Ruth Dean gave me a drink of whiskey with poison in it. I think was bichloride of mercury."
In The defense produced three witnesses, Mrs. J.R. Boyles, and Noye Boyles, aunt and cousin of the defendant, and Dr. Dean herself, who swore that she had not been with Dr. Kennedy on the night of the alleged "highball party."
Several doctors, including Dr. Louis Leroy, speedboat enthusiast, and one of the South's leading sportsman, as well as one of the most renowned physicians in this territory, gave their opinions that Dr. Kennedy had not died of mercurial poison.
Opinions and medical authorities were introduced to show that no man given a lethal dose of mercurial poison, could have gotten up out of bed, and performed an appendicitis operation four days after he had been given the poison.
One of the state's chief contentions was that a motive for the alleged poison murder was that Dr. Kennedy had planned to remarry his divorced wife, Mrs. Bessie Barry Kennedy, who was in Panama at the time of the eminent surgeon's death.
The motive the state attempted to establish was the old proverb that "Hell hath no fury like a woman scorned."
On the other hand, the defense produced close to 150 letters from the dead man, showing that he was not any more the pursued than the pursuer.
The defense furthermore attempted to show that Dr. Kennedy may have committed suicide by producing more than a hundred letters from a "Captain Franklin C. Maull", showing that Dr. Dean had intended to marry Captain Maull less than two weeks after Dr. Kennedy's death.
Dr. Dean, Mrs. Boyles, and Noye Boyles swore that she was working on her trousseau for the Maull-Dean marriage on the night that the fatal "highball party" is alleged to have been held.
The Dean-Kennedy case has attracted probably more attention than any case ever written into the criminal records of Mississippi.
It has been "front page news" for every paper in the nation, and a number of metropolitan dailies, as well as nationally and internationally known news services, have had representatives here.
From The Greenwood Commonwealth, March 3, 1934
Dean/Kennedy Murder Trial...page 3
Dean/Kennedy Murder Trial...page 1