DR. J.P. KENNEDY TAKEN BY DEATH

Prominent Greenwood Physician Succumbs In Hospital At Jackson

Following an illness since last Tuesday, Dr. John Preston Kennedy died in the Baptist Hospital at Jackson yesterday morning at 5:30.

Funeral services were held this morning at the home of Dr. Kennedy's brother, Dr. Barney Kennedy, Woodlawn Hills, Jackson, and interment was made at Lakewood Memorial Park in Jackson.

Dr. Kennedy was stricken ill Tuesday while en route to the home of his parents, Dr. and Mrs. J. H. Kennedy at Pinola, and was rushed to the Baptist Hospital in Jackson for treatment.

Dr. Kennedy was one of the most brilliant and prominent young surgeons in Mississippi and one of Greenwood's outstanding citizens.

He numbered his friends by the wide scope of his acquaintanceship, and hundreds of Greenwood people will mourn his death at the very apex of a brilliant career as a personal bereavement.

Dr. Kennedy was born near D'Lo in Simpson County, Mississippi, on November 24, 1892. During his boyhood he lived at Pinola in Simpson County. Finishing high school he entered the Memphis Hospital Medical College, receiving his degree of Doctor of Medicine.

He first located at Vancleave, Jackson County, Mississippi, remaining there for three years before moving to Greenwood, where he quickly rose to recognition as one of the outstanding physicians and surgeons in Mississippi.

In September 1917, a few months after the United States entered the World War, Dr. Kennedy joined the Medical Corps of the United States Army, with rank of first lieutenant. He was stationed at base hospital, Camp McClelland until December of that year, when he was transferred to Camp Gordon, Georgia where he served until discharged.

Since returning from service Dr. Kennedy has been continually engaged in practice in Greenwood, with the exception of 1920-21 which he spent in New York City, taking special courses in the New York Postgraduate Medical School and Hospital.

Dr. Kennedy was married on June 24, 1924 to Miss Bessie Barry Brunson, of West Point. He is survived by his parents, Dr. and Mrs. J. H. Kennedy of Pinola; two brothers, Dr. Henry Kennedy of Greenwood and Dr. Barney Kennedy of Jackson, and a daughter, Anne.

The following friends served as pallbearers:

From The Greenwood Commonwealth, August 7, 1933

DR. DEAN HELD FOR DEATH OF DR. KENNEDY

Murder Charge Made By Jordan Late Last Night

Woman Specialist Charged With Causing Death Of Greenwood Surgeon.

Dr. Sara Ruth Dean, woman Specialist in children's diseases, is in the Leflore County Jail today charged with murder in connection with the death of Dr. J. Preston Kennedy, local physician whose death from alleged poisoning occurred in a Jackson Hospital Sunday morning.

Dr. Dean was arrested at her home on Carrollton Avenue last night where she lives with her aunt. Dr. Dean, beyond saying to Sheriff Harry Smith and Deputy Sheriff Sam Clark, when the arrest was made, "well I'm surprised at that," made no statement and has made none today.

Dr. Dean has retained the firm of Gardner, Denman & Gardner, as counsel, it was said at the courthouse this morning.

No date for a preliminary hearing which will be held before County Judge M. F. Pierce has been discussed today.

The warrant on which Dr. Dean was arrested was issued on an affidavit made by District Attorney Arthur Jordan, who attended the funeral of Dr. Kennedy at Jackson yesterday, and who made the affidavit immediately upon his return to Greenwood about six o'clock last night.

The affidavit accusing Dr. Dean of administering the poison which was determined by physicians to be bi-chloride of mercury, was made on information in ante- mortem statements made by Dr. Kennedy to his brothers, when his knowledge of his own condition convinced him he had no chance to survive, courthouse officials declared this morning.

A dying declaration with figure largely in the prosecution officers declared at the courthouse today. According to the statement as told by officers today, Dr. Kennedy called his brothers to his bedside when he realized that he was going to die and discussed his business affairs with them, and told them the circumstances under which the poison is alleged to have been given in a drink of whiskey. According to the statement, he is said to have noticed a metallic taste in the liquor and that he attempted to rid himself of it as soon as possible. Driving his car to a side street he expelled some of the contents of his stomach. He then went to his room and drank a large quantity of salt water. The statement ended there. From Thursday night until Tuesday of last week he treated himself, battling alone against the effects of poison. On Tuesday he called in another physician and was ordered to a hospital for further treatment.

His death came Sunday morning at the Jackson Hospital.

The affidavit against Dr. Dean charges murder.

Under the Mississippi law the case could be tried in either Hinds Coun ty where the death occurred, or in Leflore County where the cause of the death is alleged to have been administered.

The accused doctor is native of Greenwood, a member of a pioneer family of Leflore County, educated at the University of Mississippi, University of Virginia.

She formerly had offices in Dr. Kennedy's Physicians and Surgeons building, until she left some months ago to take special courses in New York.

Fom The Greenwood Commonwealth, August 8, 1933

Eight Jurors Are Accepted In Trial Of Dr. Ruth Dean

At noon eight jurors had been accepted by both state and defense to decide upon the guilt or innocence of Dr. Sarah Ruth Dean on a charge of murder in connection with the death last August of Dr. J. P. Kennedy, prominent Greenwood surgeon.

The eight veniremen who are now slated to occupy seats in the jury box during the trial of the woman doctor, a former associate of the man with whose murder she is accused, are: D. E. Strain, H. C. Strain, N. E. Gardner, Ralph E. Nolen, G. W. Palmertree, H. G. West, A. W. Wells, and R. W. Campbell.

Just before court recessed for noon today, the defense attorneys held a conference, after which they used up four of their remaining six peremptory challenges to eliminate four of the veniremen who had been examined and accepted for cause. Those objected to by the defense, and who were removed by peremptory challenges were: E. L. Stowers and Paul Stowers, W. S. Joyner and Robert Scales.

Thus indications again pointed to a possibility that a jury acceptable to counsel for both state and defense might be obtained this afternoon or shortly after court convenes tomorrow.

After the court had overruled a motion to allow the defense twelve additional peremptory challenges, due to the state removing two jurors that had earlier been accepted by both sides, Attorney Breland of the defense this morning entered a motion to declare a mistrial, which Judge S. F. Davis promptly overruled.

Mr. Breland yesterday afternoon also offered a motion for mistrial, which was overruled. This motion was on the grounds that the questioning of John T. Hicks, who was excused by the court after the state had reopened an examination of Hicks, in the presence of other jurors might lead to the prejudice and intimidation of those remaining on the panel.

Attorney Breland then asked for the privilege of re-examining the four jurors remaining on the panel that had been accepted by both counsels, and the court sustained this motion, but immediately thereafter overruled another motion by Mr. Breland to allow the defense ten additional challenges. Failing in this effort, Mr. Breland then tried for eight additional challenges, which was also overruled.

Judge Davis then ordered the jurymen to enter the courtroom, and the selection of jurymen to proceed. At this time there were only four mutually acceptable jurors remaining in the box, and eight others who had not yet been examined by the defense.

The defense re-examined the four who had been earlier accepted, but allowed them to remain on the jury. Following this the conference was held, in which it was decided to use four of the remaining six cha llenges.

The court room was filled late in the morning, and before the opening of the afternoon session practically all available seats were taken.

If the jury is obtained this afternoon, the examination of witnesses will probably begin Friday morning, as both the state and defense have expressed a desire to get the trial over with.

J. J. Truett, Emmett Morgan and A. R. Peoples were called, and accepted for cause, by the court early this afternoon.

From The Greenwood Commonwealth, February 1, 1934

JURY IN DEAN TRIAL NEARS COMPLETION

Eleven Jurors Are Accepted By Both Sides

At three o'clock this afternoon the jury in the trial of Dr. Ruth Dean for the murder of Dr. J. P. Kennedy in Greenwood last August, lacked only one man of being completed, with the State and Defense having accepted eleven jurors.

The eight men approved by counsel for both sides yesterday afternoon were D. E. Strain and H. S. Strain, planters from Minter City, H. G. West, planter of Schlater, W. R. Gardner, planter of Greenwood, Ralph E. Nolen, CWA worker of Swiftown, G. W. Palmertree, farmer of Swiftown, A. W. Wells, farmer of Minter City and R. W. Campbell of Greenwood.

Four others called from the regular juries for the week after the list of 140 special veniremen was exhausted yesterday afternoon were W. L. Stevens, Itta Bena night watchman, J. J. Linebarger, Schalter farmer, J. N. Truitt, Minter City druggist and Leo Sauce, Greenwood railroad man. All these with the exception of Sauce were agreed upon by both state and defense.

The defense attorneys tried to get Sauce excused for cause, but upon failing in this used one of the remaining peremptory challenges.

Following Sauce, R. E. Young, J. A. Wall, V. H. Brock, and A. J. Brewerton, all members of the week's regular petit juries, were called and excused by the state for cause.

E. B. Mitchell, of Itta Bena, was next called, and the state accepted him, but after lengthy questioning, defense attorneys brought out the fact that Mitchell had a slightly fixed opinion in the case, and he was excused by the court.

W. C. Taylor, of Greenwood, was called next, and he was also excused by the court. This left only six men for the selection of the remaining juror, but attorneys were confident that a suitable juror could be found in the list.

Attorneys for both state and defense agreed that upon the selection of the twelfth juror this afternoon, a recess would be asked until tomorrow morning at nine o'clock when the taking of testimony will begin.

Crowds, comprised about equally of men and women, filled the courtroom late in the morning, and before the beginning of the afternoon session the SRO sign was out and county officials were barring other spectators from entering.

From The Greenwood Commonwealth, February 2, 1934

DEAN TRIAL GETS UNDER WAY THIS AFTERNOON

R. B. Blanchard Is Selected As Twelfth Juror

Judge Davis Orders Testimony To Begin At Two O'Clock This Afternoon.

CURIOUS CROWDS FILL COURTROOM

Balcony Opened To Whites As Overflow Crowds
Fill All Seats Downstairs.

The taking of testimony in the trial of Dr. Sara Ruth Dean, pretty, olive complexioned 33-year-old child specialist charged with the murder of Dr. J. Preston Kennedy in connection with an alleged whiskey highball party the two held on the night of July 27 last, was underway this afternoon following the acceptance of R. B. Blanchard, planter, Sidon, by opposing counsel at 10:30 this morning.

At the opening of the afternoon session Mr. Gardner called upon the state to make a formal statement of what it expected to prove. The motion was overruled by Judge Davis.

The first witness called by the state was August Thalheimer, who occupied a sleeping porch with Dr. J. P. Kennedy. Thalheimer testified that on the night of July 27, 1933, the night the state charges Dr. Kennedy received a fatal dose of poison, that the physician was called several times by a woman, and that after midnight the physician dressed himself and left the sleeping quarters in response to one of the calls.

Thalheimer testified that when Kennedy came to his residence at 7:30 on July 27, 1933 his condition both physically and mentally was normal and that Kennedy was jolly. Kennedy then left the house at 7:45. Thalheimer stated that he left home, returning at 10 o'clock and found Dr. Kennedy at home in bed.

Mr. Gardner, of the defense counsel, objected the question by Attorney Witty of the prosecution. Mr. Gardner stated that the defense is in the dark as to what the state attempts to prove except by the newspapers.

"The testimony," said Mr. Gardiner "attempts to corroborate a statement that Dr. Kennedy died from poisoning. This testimony is inadmissible before the fact is shown that Dr. Kennedy died from poisoning."

Immediately following the acceptance of Blanchard, defense attorney J. J. Breland entered a motion of mistrial, the third the defense has sought to have sustained during the six days in which attorneys have rejected over 200 men summoned to hear and reach a decision in the sensational case.

The motion was based on the same grounds as were the two earlier motions, the defense contending that never had the state tended them a full panel for examination.

Judge S. F. Davis promptly overruled the motion, as he did the following four made by Breland the first again requesting an additional twelve peremptory challenges; the second ten additional peremptory challenges; the third an additional eight peremptory challenges and the final motion requesting an additional two peremptory challenges.

Following this legal move made on the part of the defense to either gain a mistrial or remove the final juror from the box, Judge Davis called all attorneys to the bench, telling them to be ready for the taking of testimony by two o'clock this afternoon.

Both defense and prosecution preferred recessing until Monday allowing them the entire weekend to confer with the several witnesses each side will present in seeking to convict or prove innocent the comely young woman of the crime with which the State of Mississippi charges her.

The jury, and unusually good one in the opinion of courthouse habitues and local barristers is composed of the following:

Several times during the course of the six days of jury selection the several hundred spectators have been regaled with laughter as the many who reside in Minter city or nearby that small town had been seated in the jury box.

Five of the final jury accepted by both sides shortly before 11 a.m. are from that city, causing one Greenwood citizen to remark that Minter city could certainly be called "The City that Was" until the conclusion of the Dean trial.

The jury's average age is 38, the oldest member being J. J. Linebarger,planter of Schlater who gave his age as 65 and waived privilege of being excused because for being above 60.

The youngest member is Ralph E. Nolen, who for the past few weeks has been doing special forest work under the auspices of the CWA program.

By order of Sheriff Harry Smith, the balcony in the quarter-century old Leflore County Courthouse has been fumigated and Negroes barred from attending the trial, these seats being reserved for the crowds that have milled about in the corridor just outside the courtroom door on the second floor and in the downstairs offices and corridors, unable to gain entrance to the court room with SRO signs being removed yesterday afternoon.

Though the court recessed until two o'clock this afternoon shortly before 11 o'clock following the acceptance of the final juror, approximately 50 men and women remained in their seats, having brought their lunches with them.

From The Greenwood Commonwealth, February 3, 1934

PRIVILEGED COMMUNICATIONS STATUTE IS LIKELY TO PLAY HUGE PART IN DEAN TRIAL

Locked within the mind of Judge S. F. Davis, presiding Justice in the trial whereby the state seeks the conviction of Dr. Sara Ruth Dean on a charge of murder, is contained the knowledge of a ruling on which it appears the case may possibly turn.

Judge Davis has given no indication of how he will rule when first the state and then the defense seek to introduce evidence of the final fatal illness of Dr. J. Preston Kennedy, Greenwood surgeon, for whose death the woman specialist in children's diseases is now being tried.

It was Judge Davis who made the decision in what is now the majority opinion of Mississippi's double decked Supreme Court on the now famed "privileged communication" statute which either side may invoke in the trial to prevent the testimony of physicians who attended the dead physician during his lifetime.

Once already in the early stages of the trial the defense, when it sought to inspect the records of the Baptist Hospital in Jackson where Dr. Kennedy died found the statute barring its way. It may be "turn about" when and if the state should attempt to prove by attending physicians that death was due to poisoning.

None of the courts have held, however, that there is any privileged status for expert examinations after death, and this state may have no difficulty in introducing testimony as to the postmortem examination.

A "battle of the law books" is looked for as soon as the testimony is opened. For the Mississippi law despite the ruling Judge Davis in a previous case in which he admitted the testimony of physicians is in a chaotic condition.

The Mississippi statute reads thusly: "All communications made to a physician or surgeon by a patient under his charge or by one seeking professional advice, are hereby declared to be privileged, and such physician or surgeon shall not be required to disclose the same in any legal proceeding, except at the instance of the patient."

Down in Humphreys County in 1926, a man named Frank Davenport was indicted for killing with a knife and tried on a charge of murder. Davenport claimed that the cutting was accidental and called the physicians who attended his victim to testify in his behalf. Judge Davis permitted the doctors' testimony, but nevertheless Davenport was convicted and appealed to the Mississippi Supreme Court. First one division heard the case, and then the entire court went into a huddle and heard it again.

They divided evenly on the question of affirming the case, and thus the decision of Judge Davis was not reversed. Davenport's conviction was upheld, but the law in regard to the status of privileged communications was left in an unsettled state.

Three of the judges held that Judge Davis erred in admitting the doctor's testimony and rendered opinions for reversals. Two of the judges held that the privilege did not apply in criminal cases. The other judge held that the privilege did apply in criminal cases, but that the Davenport conviction should be upheld because in that particular case the admission of the testimony in view of the other evidence did not harm the defendant.

In so far as applying the rule to the present is concerned the three members of the court who would have reversed the Davenport case are still members of that body. The judge who held that the evidence was inadmissible, but who refused to reverse the Davenport case is also still a member of the Supreme Court, while only one of the two judges who ruled that the statute did not apply to criminal cases remains upon the bench.

Judge Davis has not yet indicated how he will rule when the matter is presented to him in the pending trial, but he faces a Supreme Court with four members committed to the proposition that the testimony of a doctor is not admissible unless the privilege is waived by the patient.

If the three of the four should hold to their ruling, and the one of the four who dissented on the facts in the Davenport case the side that admission of the testimony was harmful to the defendant, continue in his opinion, the state would be faced with possible reversal on appeal.

The question may be raised during the trial that the legal representatives of the air of the deceased doctor can release the privilege. And again the courts are not clear.

The statute makes the privilege personal to the patient, and is silent as to other persons.

Once in Mississippi it was held that the grandmother of a child twelve years old could waive the privilege for the ch ild, but in that case the child was in court and had testified and the Supreme Court held that the child insofar as it was able had waived the privilege. The court further held that a different question might have been presented had the testimony in that particular case been harmful to the child instead of beneficial.

The point of law is an interesting one. Much may depend upon it for either side or both in the pending case.

Both prosecution and defense have been digging into the books, and profound arguments will be forthcoming when the question arises as it is bound to arise early in the hearing of the evidence.

Meanwhile Judge Davis pulls at his pipe, and preserves his sphinx-like attitude on a ruling which may come to be a leading issue in the trial.

From The Greenwood Commonwealth, February 3, 1934

KENNEDY STATEMENT ACCUSES DR. DEAN

DR. HENRY KENNEDY TELLS OF BROTHER'S STATEMENT
JUST PRIOR TO HIS DEATH

That Dr. J. Preston Kennedy accused Dr. Ruth being of giving him poison in a drink of whiskey, and then called for a minister to pray that he might live until his wife and child arrived at his bedside was related to the court in the trial of Dr. Dean this afternoon. The jury was retired while the statement was being related by Dr. Henry Kennedy, brother of the dead surgeon, and Judge Davis has not yet passed upon the competency of the evidence.

Taking the stand as the second witness of the afternoon with attorney Witty questioning the state immediately launched into the statement which they expect to qualify as a dying declaration and thus establish Dr. Dean's responsibility in the death of Dr. Kennedy.

Dr. Henry Kennedy described the close association of himself and brother, using adjoining offices until both moved to Dr. Kennedy's Physician and Surgeons building which they were occupying at the time of the death of Dr. J. Preston Kennedy.

Dr. Kennedy testified that his brother died in a Jackson Hospital on Sunday morning, August 5. He told of taking his brother to the hospital on the previous Tuesday.

Witty asked: "On Wednesday night August 2, did you hear your brother making a statement as to what called his death?" "Yes Sir" Dr. Kennedy said.

All of the defense attorneys were on their feet to object and the jury was retired while the statement was being introduced.

Dr. Kennedy said, "Miss Cates, the nurse came in and called me telling me that my brother wanted to see me."

"When I entered the room, Barney my brother was crying. I asked him what was the matter." He said Preston wanted to talk to us. "Preston told the nurse that he would excuse her. Dr. Hand came in."

"As we walked to the bed, Barney was on one side and I was on the other. Dr. hand was at the foot of the bed." "Preston said, 'Boys my time has come. I'm going to die. I want to talk to you before I die.' Barney was crying. Preston said 'Don't do that'."

In his statement Dr. Kennedy said Preston told him and his brother Dr. Dean gave him a drink of whiskey with poison in it, and that was what had caused his illness and approaching death.

Dr. Henry Kennedy stated that on the night of August 2, the Wednesday night before his death, Dr. Preston Kennedy called him and his brother Barney. Dr. Preston told Henry he wanted him to look after his family after he was gone, and to take care of his insurance policies which were about to lapse.

"I had forgotten the combination of the safe," Dr. Henry Kennedy said, "and Preston told me I would find it in his office on a baby chart. He told Barney and me that he wanted us to see that the doctors and nurses who had done everything they could for him were well-paid."

"When he discussed business affairs was there any other question asked him," Dr. Henry was asked.

The Dying Statement

Barney said, "Preston how did this happen?" Preston said, "Dr. Ruth Dean gave me a drink of whiskey with poison in it. I believe it was mercury. Dr. Dean had been worrying me, especially by calling me at night. That night she called me several times and said that she would not leave Greenwood until I came to see her. I went to her house in my car, and we came back to my office."

"Barney was surprised," Dr. Henry Kennedy said, "that Preston and Dr. Dean went back to his office," and he continued quoting his brother as follows:
"Preston said: 'She had some liquor with her in a black bottle. We went to my office and talked a while and took several drinks.' 'Finally she said, 'Let's have a farewell drink.' 'I went to get some water and when I came back the drinks were poured. I took a drink and noticed a metallic taste. I took Dr. Dean home hurriedly and then turned down Avenue I and stopped my car and made myself vomit.'"

Dr. Henry Kennedy said that that Preston Kennedy told him that he then came back to his office and took everything he knew of to rid himself of the poison and that he thought he had succeeded in ridding himself of it.

Dr. Henry Kennedy continued his statement by saying that Preston then discussed more of his business affairs and called for the family.

"Did anyone ask any further question as to Dr. Ruth Dean." Mr. Witty asked the witness.

The witness replied, "Barney asked what do you want us to do with the woman?"

"What did Preston reply?"

"Preston said, 'I know how you feel. I'd feel the same way but don't do anything that would keep us three from meeting in heaven.'"

"Did any of you leave the room before the statement was completed", the witness was asked.

"No sir", was the reply.

"After this statement was made did any minister visit the room," was the question.

"Yes sir, Rev. Wayne Allison superintendent of the Baptist hospital. After the family came Preston asked him to have a prayer."

"Who called Allison?" Was the question.

"I did", said the witness. "To pray that Preston would live until his wife and child could reach his bedside."

The witness then described the scene at the bedside, with the family present and Dr. Allison quoted scripture and rendered the prayer in accordance with Preston Kennedy's wishes.

"It's all clear in my mind," said Dr. Henry Kennedy, "I never had anything like that happen to me in my life."

The witness said, "Preston referred to us, Barney, himself and I as the Three Musketeers, all for one and one for all, and said that it had fallen to his lot to go first."

"When he asked you to take care of his wife and baby did he refer to any time when he wanted you to do that," Mr. Witty asked.

"Yes sir. After his death", the witness replied.

The statement said the witness was heard by himself, his brother Barney, and Dr. W. F. Bond, attending physician of Jackson.

"I'm literally burning up."

Over and over these words were used by Dr. J. Preston Kennedy during the five days he was sick at the home of Mrs. A. Weiler following the night of July 27, 1933, according to the testimony of Mrs. Weiler in the trial of Dr. Sara Ruth Dean, who is charged with murder in connection with the death of Dr. Kennedy.

Mrs. Weiler was on the witness stand when the court recessed over the noon hour.

Over the repeated objections of the defense counsel, Mrs. Weiler told of the agony Dr. Kennedy suffered during the five days, and in her two hours of examination reiterated again and again the words "I'm literally burning up," which were uttered by the stricken doctor.

Mrs. Weiler was presented to the defense for cross-examination just prior to the noon recess.

The entire morning session of the court today was consumed with the completion of the testimony of August Thalheimer who occupied a sleeping porch with Dr. Kennedy, and who testified Saturday that the dead surgeon was called over the telephone four times on the night of July 27, 1933, and finally dressed and shaved himself about midnight and left the house.

Thalheimer stated in his testimony that he next saw Dr. Kennedy about 4:30 in the morning when the witness was aroused by noise of the doctor in the bathroom. At that time Dr. Kennedy was vomiting and moaning.

Thalheimer's testimony told of the constant use of ice caps and cracked ice by the stricken doctor, which continued until Kennedy was taken to the Jackson Hospital five days later.

During the entire time of his illness at the Weiler home, Thalheimer testified Dr. Kennedy was unable to eat anything, and that he was vomiting every three or four minutes.

Prosecution developed the fact during the testimony that Dr. Kennedy was not drunk on the evening of July 27, 1933, and Thalheimer testified that the only time in fifteen months during which Dr. Kennedy resided at the Weiler home, that he had ever smelled liquor on his breath was the morning he came home suffering from what the state charges was his fatal dose of poisoning.

The defense sought to exclude all of the testimony of Thalheimer except the portion which told of Dr. Kennedy's death.

The motion to exclude was overruled, and the defense excused Thalheimer from cross-examination, reserving the right to recall him later in the trial. Mrs. A. Weiler was the next witness called.

"When did Dr. Kennedy start living at your home?" Attorney Witty, who is conducting the examination for the state asked the witness.

"In the early part of April, 1932," Mrs. Weiler replied.

Mrs. Weiler told of seeing Dr. Kennedy early on the evening of July 27, 1933, and that he was not drinking.

"What was his condition?" asked Mr. Witty.

"He was very tired," Mrs. Weiler replied.

Dr. Kennedy ate a light supper at the Weiler home, and the witness did not see him again until the morning of July 28, when the doctor was vomiting continually and complaining of "literally burning up."

"What indications did Dr. Kennedy give of being ill?" Mr. Witty asked.

"He was very nauseated," was the reply. "He vomited frequently. I emptied the jar and the vomit contained a little blood and was very dark in color."

"During the five days did you see him vomit more than once?"

"He vomited about every five minutes" was the reply.

"Was there ever any change in the color of the vomit?" The witness was asked.

"No sir," was the reply to Mr. Witty's question.

"What other indications did Dr. Kennedy give of suffering," was a question.

"He pounded the pillows," Mrs. Weiler stated. "He moaned continually, and complained of "literally burning up."

The state objected to the testimony of statements made by Dr. Kennedy, but Judge Davis ruled that his exclamations of suffering were competent and admitted the testimony.

"Dr. Kennedy's face showed suffering. His mouth was drawn, and he pounded the pillows." Mrs. Weiler repeated in response to Mr. Witty's questions.

"He said that he felt there was something in his throat. He gagged and vomited, and said, 'This should certainly rid me of what ever is in me' ", Mrs. Weiler told the jury.

Mrs. Weiler told of the use of cracked ice by the stricken doctor, both internally externally and said that about 100 pounds of ice were brought daily for the sick man.

"Did you ever have occasion to wipe his face?" Mr. Witty questioned.

"I did," Mrs. Weiler said. "I wiped it several times. It was bathed in cold perspiration. His face was cold and clammy. I assisted in changing his pajama jacket which was wet at times with cold perspiration."

The witness substantiated Thalheimer's statement that Dr. Kennedy during the entire five days never swallowed anything without vomiting immediately.

"Have you ever seen a drunken man?" She was asked.

"Yes."

"Have you ever seen Dr. Kennedy under the influence of liquor?"

"Positively, No." she replied.

"Had you ever smelled liquor on his breath?"

"No." Was the reply.

And the witness said that Dr. Kennedy was often a guest at her home and that she never saw them take but two small drinks during that time.

Court recessed at the conclusion of Mrs. Weiler's direct testimony and the defense asked for a conference as to her cross-examination.

The court room was filled again this morning. More than half the spectators were from out of town, and probably a hundred women remained in the courtroom eating their lunches over the noon hour in order to maintain their seats.

From The Greenwood Commonwealth, February 5, 1934

Dean/Kennedy Murder Trial...page 2

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