DEAN RETRIAL MOTION LIKELY FOR NEXT WEEK

Criminal Cases For This Week May Carry
Retrial Motion Into Next Week

There appeared little prospect of hearing of the motion of Dr. Sara Ruth Dean for a new trial in the Circuit Court this week when Judge S. F. Davis completed the calling of his docket this morning.

Dr. Dean’s motion filed last week asks that the verdict of the jury finding her guilty on a murder charge in connection with the death of Dr. J. Preston Kennedy be set aside because of a number of errors assigned in the motion.

Judge Davis called the criminal docket this morning after empanelling of the juries for the week. No cases were ready for trial this morning and the court excused all jurors until tomorrow morning. Civil cases are set for tomorrow and District Attorney Arthur Jordan announced the setting of several criminal cases for Wednesday, which will likely take the remainder of the present week.

Judge Davis has announced that the Dean new trial motion will be considered in regular order when the motion docket is called after the other business of the court is disposed of.

From The Greenwood Commonwealth, June 4, 1934

DEAN RETRIAL MOTION IS SET FOR TOMORROW

Judge Davis Will Hear Assignments Of Grounds For New Trial

Judge S. F. Davis will tomorrow morning at 9 o’clock begin the hearing of the motion of Dr. Sara Ruth Dean for a new trial. Dr. Dean was convicted at the last term of the Circuit Court on a charge of murder in connection with the death of Dr. J. Preston Kennedy.

Following her conviction, Dr. Dean was released on bail pending the disposition of the new trial motion, which was originally set for hearing last Saturday. The formal motion was filed last Monday setting up fourteen assignments of error, which will be argued before Judge Davis tomorrow.

From The Greenwood Commonwealth, June 6, 1934

DR. RUTH DEAN IN ANALYSIS OF TESTIMONY

Woman Physician Discusses Testimony Against Her
From Physicians Standpoint

Dr. Sara Ruth Dean, whose motion for a new trial following conviction in the February term of Circuit Court in connection with the death of Dr. J. Preston Kennedy will probably be heard this week, prepared the statement below analyzing the testimony against her from a physician’s point of view.

By SARA RUTH DEAN

Dr. Kennedy was ill in Greenwood for 5 days and the doctors in attendance did not treat him for mercurial poisoning; they did not suspect mercurial poisoning.
Dr. Kennedy operated on the 4th day of his illness. This would have been a physical impossibility if he had had a lethal dose of mercury 4 days before.
Dr. Kennedy’s Greenwood physician gave him “opiates in sufficient quantities to keep him quiet.” Besides this, Dr. Kennedy gave himself morphine, codeine, and paregoric in unknown quantities, (these facts were testified to). Dr. Kennedy was given 4-3 gr. Of pantapon-the equivalent of 5 1/3 grs. Of opium-in a period of 5 hours. The hospital record shows this and this is 5 times the normal dose for that period of time. He was given sodium amatol, intramuscularly. All of the opiates-known and unknown quantities were given on the day that the dying declaration is purported to have been made.
The hospital chart showed Dr. Kennedy “talking at random” on Wednesday. That night is set as the time of the dying declaration. Dr. Gordin, who had known Dr. Kennedy for years, testified that he examined Dr. Kennedy Wednesday afternoon, about 6 p.m. for 30 minutes and that Dr. Kennedy did not respond to questions and was in a stupor as far as he knew. Dr. Wilde examined the patient Wednesday night a short time before he is to have made the dying declaration. During his examination, Dr. Wilde’s nose was within an inch of Dr. Kennedy’s mouth. He detected no foul odor in Dr. Kennedy’s breath. Dr. Wilde said that the patient was “mentally cloudy” and a brain condition had been suspected. (The eye examination was negative). Barney Kennedy testified that if Dr. Wilde examined Dr. Kennedy on Wednesday night, then Dr. Kennedy was unconscious on Wednesday night.
Sick people with any mental disturbance (fever, toxionis, delirium, etc.) commonly blame the person nearest and dearest to them for some imagined wrong. This is also true of alcoholic and drug addicts.
Three stories are credited to Dr. Kennedy. All are different;
1. Pork sandwich and “bad liquor”.
2. Drink with poison at Dr. Dean’s home.
3. Drink with poison at Dr. Kennedy’s office.
The analysis of the urine did not show mercurial poisoning. Dr. Hand told Dr. Gordin that the specimen examined was “mixed up”. The Baptist Hospital technician testified that he “personally” collected the specimen from Dr. Kennedy, carried it to the laboratory himself and examined it himself and that there was no “mix-up” or mistake in the analysis.
The contents of Dr. Kennedy’s stomach on Wednesday before his death on Sunday did not show any mercury at all.
The contents of Dr. Kennedy’s bowels on Wednesday before his death on Sunday did not show any mercury at all. These two tests were made by Dr. J. M. Sullivan, one of the South’s outstanding chemists, and if mercury had been present it would have been found.
If mercurial poisoning were the diagnosis, an inquest and immediate post mortem examination should have been held. A secret autopsy (?) was held (by one of the interested parties) 4 days after burial. Dr. Sullivan, who made the ante-mortem tests, and the various consultants were not invited to the autopsy-although they were interested in making a diagnosis. Why? The defense was also interested in the autopsy. Had asked for a representative. No one was allowed.
No pathological report was given of the autopsy.
Dr. Hand of Miss. State College testified that the amount of mercury found in Dr. Kennedy’s organs might have been obtained from a number of sources (calomel, hand disinfectant, etc.) and that it was not enough to do any harm to the human body! And that it might have been present over a long period of time.
On Thursday before Dr. Kennedy’s death on Sunday, Dr. Gordin did a lumbar puncture-drew fluid from the spinal canal of Dr. Kennedy. This was for diagnostic purposes. The doctors had not made a diagnosis. The laboratory report of this was said to be negative. It was not on the chart.
In spite of the history (Dr. Hand’s) and purported dying declaration, Dr. Kennedy was not given consistent treatment for mercurial poison while he was in the Jackson hospital. During the whole time, 5 days, the chart shows that he had a total of 30 grams of sodium thiosulphate, the dosage is 60 to 90 grams daily as long as the symptoms last. Dr. Gordin testified that he did not know the cause of Dr. Kennedy’s death and that the treatment was for nephritis. Eminent diagnosticians testified that they would be unable to make a diagnosis of mercurial poisoning. Treatment is immediate. It was three hours after patient was in Jackson hospital before he was given any treatment for mercurial poisoning.
The symptoms were not consistent with mercurial poisoning.
1. No salivation. No noticeable mouth symptoms and no foul breath testified to by all attending physicians except Hand. Dr. Kennedy was given no mouthwash as recorded on the chart, either for therapeutic or deodorant purposes.
2. Sustained elevation of temperature is inconsistent with mercurial poisoning. In this case, a Widal test for typhoid fever was done for diagnostic purposes. Cases of mercury almost always run a subnormal temperature.
3. Patient was given castor oil, milk of magnesia, and repeated doses of magnesia sulphate (all purgatives) and diarrhea was not recorded on the hospital chart. In fact, long periods intervened between bowel movements. Soapsuds enemas with turpentine (not treatment for diarrhea) were given for cleansing purposes for constipation.
4. 3 or 4 state witnesses testified that Dr. Kennedy vomited very frequently standing the time as every three or four minutes. He could not have operated if this were true. Dr. Gordin visited the patient once or twice, daily, examined him, gave him treatment and testified that he did not see him vomit at all except one time when he (Dr. Gordin) gagged the patient while attempting to pass a stomach tube. Many witnesses testified that Dr. Kennedy gagged himself with his finger. This produces vomiting and irritation and soreness of the throat.
The case presents a perfect picture of acute gastritis and nephritis. This condition could easily be precipitated by alcohol or food.

From The Greenwood Commonwealth, May 30, 1934

GOVERNOR WILL HEAR RUTH DEAN PLEA JUNE 6

Formal Hearing On Suspension And Pardon Will
Be Held By Chief Executive

JACKSON, Miss., (AP)-A pardon for Dr. Sara Ruth Dean, Greenwood physician convicted of the “poison highball murder” of Dr. John P. Kennedy, will be sought at a formal hearing before Governor Mike Conner Thursday, June 6, at 9A.M., the Governor announced today.

He said he had advised counsel for Dr. Dean, whose conviction and life sentence was recently upheld by the Mississippi Supreme Court which this week over-ruled suggestions of error, that the heading would be held on their petition for a pardon and a 30 day suspension, pending disposition of the pardon hearing.

Despite scores of telegrams, letters, telephone and personal calls, the Governor said he would not suspend or pardon Dr. Dean at least until a hearing has been held.

He had been urged to grant an immediate suspension, pending the pardon hearing, in order that Dr. Dean might not have to go to Parchman prison, where she is scheduled to serve a life sentence. Dr. Dean is now in the hospital of Leflore county jail, pending transfer to the state prison.

After her conviction and while she was free on bail, Dr. Dean was reported to have threatened that she would “never serve a day in the penitentiary.” Fearing she might carry out the threat, officers have maintained a close watch on her.

From The Greenwood Commonwealth, May 29, 1935

Ask Reserved Seats For Dean Hearing

JACKSON, Miss.-Exhibiting a bit of impatience with those who would like to tell him “confidentially” what to do with the Dr. Sara Ruth Dean case, Governor Conner stated emphatically yesterday that he is not in the market for any “private” information, or gossip, concerning the case.

“If anybody wishes to talk with me about this case, they will have the opportunity to do so at the public hearing next Thursday”, he said. “There will be no court rules at the hearing and witnesses who wish to testify will be permitted to do so, without restriction.”

Since the Governor announced several days ago that he would not act on Dr. Dean’s petition for a pardon until he had given everybody concerned with the case an opportunity to be heard at a public inquiry, numerous persons have written letters “advising” him and requesting an opportunity to tell him “privately” some things about the case.

Others writing the Governor are more interested in being able to hear and see what is said and done at the public hearing, scheduled for next Thursday morning. Miss Lena Brock, the Governor’s secretary, has received several letters requesting “reserved seats” for the hearing.

Governor Conner said that he desires all the information bearing on the case that he can get, realizing that he has a close decision to make, but made it clear that he wants such information presented in public.

Indications are that a large crowd will be on hand for the hearing Thursday morning and it is highly probable that the small reception room in the Governor’s suite at the Capitol will not be large enough. In that event, the hearing likely will be held in the hall of the House of Representatives, with Governor Conner occupying the chair on the speaker’s rostrum, where he sat during the eight years he was the speaker of the house.

From The Greenwood Commonwealth, June 3, 1935

GOVERNOR HAS MANY REQUESTS FOR CLEMENCY

Sheaf of petitions and letters Urge Pardon For Dr. Sara Ruth Dean

JACKSON, Miss. (AP)- Governor Sennett Conner had before him today a sheaf of petitions and letters from various sections of the state urging clemency for Dr. Sara Ruth Dean, Greenwood child specialist under life sentence for murder, on whose application for a pardon a public hearing will be held tomorrow.

The comely woman physician turned to Governor Conner for a pardon when the Mississippi Supreme Court upheld her conviction at Greenwood for the “poisoned whiskey highball” slaying of her clinical associate, Dr. John Preston Kennedy.

Petitions favoring clemency for Dr. Dean were received from Summit in Pike County, and from Greenville in Washington County, yesterday.

The total cost to Dr. Dean’s court fight, including the cost of the trial at Greenwood and her appeal to the Supreme Court, amounted to $6,800, clerks who tabulated the costs revealed yesterday. The six weeks’ trial at Greenwood early in 1934 cost approximately $5,805.57, not including fees paid to defense witnesses.

From The Greenwood Commonwealth, June 5, 1935

SARA RUTH DEAN HEARING OPENS

Greenwood Doctors Say Penitentiary Would
Mean Death In Short Time

JACKSON, Miss. (AP)- Before an audience predominated by women, Governor Sennett Conner today heard five doctors testify that it was improbable that Dr. John Preston Kennedy came to his death by poisoning as the chief executive opened a public hearing in the state senate chamber on a pardon petition for Dr. Sara Ruth Dean, facing a life sentence in the penitentiary for Dr. Kennedy’s alleged poison murder, and whose health was described as so precarious that she might not live a year longer if incarcerated.

Dr. Louis Leroy, professor of practicing medicine at the University of Tennessee Medical School at Memphis, testified that the amount of poison found in Dr. Kennedy’s stomach was not sufficient to have produced death.

Dr. Kennedy died in a local hospital after making a statement in which he said that he drank poison contained in a whiskey highball served him by his clinical associate, the attractive Dr. Dean.

Dr. Leroy said it was not only improbable that Dr. Kennedy’s death was caused by poison, but also that the chemical analysis of his stomach, made after death, would have had to have contained “10,000 times more mercury than was shown by the chemical report. Death would not have resulted from that source.”

Dr. L. B. Otken, of Greenwood, who said he had been treating Dr. Dean for the past four months, the latter weeks of which the woman physician has been confined to jail, testified that the woman is suffering from a stomach ulcer, resulting in severe anemia, which would endanger her life if confined to the penitentiary.

The view was shared by Dr. F. M. Sandifer, of Greenwood, who said that he did not believe the woman would live another year of she remains in prison.

Testimony favorable to Dr. Dean was being heard at the morning session, which recessed at 12:25 for lunch, and the state will question its own witnesses later in the day.

The former wife of the dead man, Mrs. Bessie Barry Kennedy, with whom Dr. Kennedy was estranged at the time of his death, and the parents and brothers of the death victim. Were among the interested spectators at the hearing.

Just before the noon recess was called, Dr. LeRoy, who said that he testified at Dr. Dean’s trial, declared that it was highly improbable that “trace” of mercury found by chemists in their analysis of Dr. Kennedy’s vital organs, might have been from embalming fluid.

“Embalming fluid,” he said, “might have been the source of a small amount of mercury. The fluid is made from reclaimed zinc, which is amalgamated with a small amount of mercury.”

The question of Dr. Kennedy’s “dying declaration”, which question of its admissibility as brought a sharp division on the evidence among members of the state supreme court when Dr. Dean’s sentence was affirmed by 3 to 3 vote, was injected into the hearing today.

“Dr. LeRoy”, the witness was asked by counsel for Dr. Dean, “if it was true that the patient was talking at random at 9 o’clock at night, is it possible that he could have been delusioned about the poisoning?”

“Yes”, he replied,” that would be entirely probable; and he could have made a perfectly reasonable statement found on his delusion.”

Dr. Sandifer’s testimony was challenged by Attorney Fred Witty, of state counsel, who asked the doctor if he had not been “unfriendly” to Dr. Kennedy during the latter’s lifetime because of a business conflict.

Dr. Sandifer replied that he had borne Dr. Kennedy no ill will.

Dr. John Martin of Pope and Dr. E. A. Gordin of Jackson largely corroborated the testimony of their professional associates that a “trace of poison”, disclosed by chemical analysis of Dr. Kennedy’s stomach, in all probability would not have resulted, in itself, in the man’s death.

The hearing was to be resumed at 2 o’clock, with the prosecution presenting testimony opposing a pardon or suspension of sentence.

From The Greenwood Commonwealth, June 6, 1935

Dean/Kennedy Murder Trial...page 2