February 21, 2020

Grove Kennedy Kills Elbert Kennedy in front of Courthouse, Garrard, 1877



[February 23, 1877] -

On Tuesday afternoon, at half past four o'clock, Mr. Grove Kennedy shot and killed Mr. Elbert Kennedy in front of the Court-House. There were several shots, the first of which was instantly fatal. The murdered man was not armed. We regret to record another crime of so revolting a nature in the annals of this county. So long as "blood for blood" is the watchword, so long will danger stalk abroad, sp[r]eading desolation in its paths. The general effect of the tragedy was to be seen in the groups of excited men who congregated about the public square. The homicide was at once committed to jail, and the trial set for 2 o'clock on Wednesday. [1]




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[February 23, 1877] -

E. D. Kennedy. -- We have again to chronicle the killing of another man in Lancaster. E. D. Kennedy, Master Commissioner of the Garrard Circuit Court, was shot in front of the Court House there, last Tuesday evening, by his cousin, Grove Kennedy. The unfortunate occurrence took place over a law suit, and there was not the remotest cause for a deed so darkly infamous. Grove Kennedy has a fearful account against him, which he will not be able to settle. Five or six men have been sent to the grave or seriously wounded by him, and yet he goes unpunished in this world. How many more are yet to be victims of his insane rage and malice? Not content with shooting the old man once, at a time when he was not expecting such a murderous assault, the fire of his anger was not quenched until he fired two more balls into the expiring victim after he was down, if not dead. We dislike to chronicle such deeds, bu men who commit them should be exposed to public gaze and held up to be loathed by all law-abiding people. The Courier-Journal of Wednesday speaks of the dead Kennedy, as a man fond of contention, and a participant in many legal and personal difficulties. Such is not the fact. He had, as a public man and officer, in Garrard county, to deal with many bold, bad men, and never killed a man in his life. He was not a "participant in many bloody and unfortunate affairs." A kinder heart than his never beat in the breast of a man of unflinching courage, is the judgment of those who knew him. He was a useful citizen, and one of the best Chancery Commissioners, it is said, who ever filled the position in Garrard county. It is the duty of the officers of the law to see that his slayer has a fair trial, but they owe it to the dead man, to themselves, to the community, and the State of Kentucky, to see that they have a just vindication also. [2]





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[March 2, 1877] -

The last week of Circuit Court is upon us and we are having both day and night sessions. An important will case has been settled by the will being put to record. Seven out of eight of the heirs of the late Thompson M. Arnold were the contestants. A colored boy was condemned to the Penitentiary for burglary. The case of G. C. Kennedy, Esq., has been deferred till the 13th day of the August Circuit Court, at which time Mr. Jacobs, of Danville, will preside as Judge. Owing to several considerations, a change of venue was demanded, and a proposition to remove the case to Boyle, under contemplation. The want of a proper jail building at that point, determined the authorities to make no change. The services of a nightly guard around the Lancaster jail indicates that fears are entertained for the prisoner's safety, either from his friends or his enemies; and justices is making an effort not to be defrauded. Meanwhile, those interested in the unhappy man do all in their power to cheer his weary hours. [3]





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[March 9, 1877] -

We understand that G. C. Kennedy, now in Jail at Lancaster, for the killing of E. D. Kennedy, will, under a writ of habeas corpus apply for bail before the County Judge tomorrow. [4]





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[March 9, 1877] -

Nothing has been done with the case against G. C. Kennedy. R. P. Jacobs, of the Danville bar, (Judge Owsley not sitting for cause,) Was agreed upon as the Special Judge, but owing to a press of business matters declined to act. Being unable to elect a Special Judge, the Clerk has made out and transmitted to Gov. McCreary the required statement, and the case now awaits his action. It is understood that an application for bail will be made Friday. [5]





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[March 22, 1877] -

The attendance at the Danville court-day stock sales to-day was quite large, and the streets were crowded with mountain cattle and candidates, and to a pedestrian one was about as great annoyance as the other. A report was current upon the street there that Kennedy, while being taken from the courtroom where his examining trial was held, to the jail by the officers, made his escape by the aid of his wife and some friends. His wife was standing in the hotel door as the guards were passing with Kennedy, and requested them to permit her husband to speak to her, and on their assenting he stepped up to the door, darted in and through the house, while she held the force at bay. Several fire arms were at the same time thrust out of the doors and windows of the hotel at the guards, which checked their entrance until the prisoner had effected his escape. [6]



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[March 23, 1877] -

There were two funerals in town on the 22d. The remains of E. D. Kennedy were conducted to the tomb by the Royal Arch Masons, members of the bar, and friends. Court was adjourned pro tem. [7]




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[March 23, 1877] -

During the past week the Court-house was a scene of great interest, which culminated on Saturday afternoon in an extraordinary though not unexpected climax. The application of Mr. G. C. Kennedy for bail, accompanied by his strong aversion to return to prison, was the signal for vigorous but quiet movements upon the part of his friends for his rescue in the event of disappointment. The case was argued in an animated manner by Messrs. Bradley, Denny and Hardin; and Judge Duncan pronounced sentence against the prisoner. Attended by the Sheriff and a guard of twelve or fifteen young men, Mr. Kennedy started down the Stanford street en route for the jail. When opposite the door of the hotel heretofore known as the McKee, Miller, or Higgins House, the wife of the prisoner ran out and appealed for permission to exchange greetings with her husband. Thrown somewhat off watch by sympathy, the escort paused, when, with a dextrous movement, the prisoner threw his wife between himself and the guns, and darted into the hotel. A graphic picture might be drawn of the next ten minutes' work, but we forbear. Shots were fired both from and into the hotel, but the search that was made proved fruitless. We have heard the names of Messrs. Sam Peacock, Elijah Anderson, Singleton, and perhaps others constituting the guard, mentioned with outspoken commendation for prompt and courageous action. Lancaster is foremost in sensations if not in the hearts of her countrymen. [8]


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[March 23, 1877] -


LANCASTER'S LAST SENSATION. -- G. C. Kennedy, who has been for a month confined in the Lancaster jail for the murder of Mr. E. D. Kennedy, applied under a writ of habeas corpus for bail, before his honor Judge Duncan, on Saturday last, and was refused. He was ordered back to jail, and strange as it may appear, although attended by the Sheriff and some 12 or 15 guards, got away in the broad day time and effected his escape. Reports are current that armed men were at hand to release the prisoner if bail was refused, but as they made no demonstration to that effect, and as the prisoner got away without the assistance of any of them, a strong suspicion of collusion on the part of the Sheriff is manifested. This, however, in a private note, he stoutly denies, and asserts that every effort on his part was made to re-capture and secure to prisoner. In fact, he says he clung to him, till he pulled his over coat off, which threw him (the Sheriff) heavily to the ground, stunning him. Be this as it may, it is a burning, crying shame, that justice should thus be thwarted and the attitude to the public that the Sheriff and guards bear in this manner, is indeed, an unenviable one. Garrard county owes it to herself to thoroughly investigate the matter and fix the blame and punishment where it belongs or its unenviable name for murder and lawlessness will forever cling to it. [9]




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[March 26, 1877] -

Kennedy's Escape.

(Correspondence of the Courier-Journal.)

LANCASTER, KY., March 22, 1877. -- Kennedy's escape was indeed wonderful. Anticipated by the authorities, every precaution had been taken to prevent it, and yet it was effected easily and with but little danger to the prisoner or his friends. The trial for bail had been in progress three days; Kennedy's friends had collected to a considerable number. The judge, to prevent a scene in the court-house, stationed a guard of ten or fifteen at the door of the court-room, with instructions to allow no one to pass or repass without rigid examination for weapons. Everything passed in perfect quiet till the decision refusing bail was rendered, and the sheriff, assisted by seventeen guards, armed with needle guns, attempted to return the prisoner over to jail. The friends of Kennedy were all collected at the old Miller House, the hotel between the court-house and jail. When opposite this hotel Kennedy requested to be allowed to step to the door and see his wife for a moment, who was standing there, beseeching him to come to her. He was permitted to do so, and the sheriff accompanying him, the guards following immediately behind. Reaching the door, he made one leap and disappeared, his wife and friends immediately filling the passage-way and covering his retreat. A promiscuous firing immediately ensued, who by or what at it is impossible to say. Once out of sight and well armed, but little attempt was made to recapture him, and it is presumed that he remained in the hotel till nightfall, when he left without further molestation. The plan of escape, in case of refusal of bail, was doubtless all arranged beforehand, and, under the circumstances, remarkably well executed. Excitement was great, and strong feeling against the sheriff manifested, but presume nothing else will result. [10]




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[March 28, 1877] -

G. C. KENNEDY.

He Makes a Statement, and Says he is Ready and Desires to Give Bond.

(Correspondence of the Courier-Journal.)

ON THE WING, March 24, 1877. -- The local papers of Central Kentucky have of late handled my name so freely that I venture to ask the charity, perhaps I might say the justice, of a brief hearing through your columns.

On the twentieth day of last month it was my misfortune to be compelled, I being the judge of the necessity, to shoot and kill E. D. Kennedy, of Lancaster -- a near kinsman and a man for whom, in my day, I have taken some risks and made some sacrifices. I at once surrendered to the sheriff and was lodged in jail at Lancaster. On the 15th inst., I applied to the county judge for bail, which, after an examination, lasting till Saturday the 17th, he refused. On the way from the court-house to the jail, guarded by some dozen men, I broke loose from them, took the chances of their fire (receiving, by the way, a bullet through my hat), and succeeded in making my escape.

It is not my purpose to recite the proof produced at this examination, further than to say that it was confessedly ample and conclusive upon three points: First, that because of a suit I had instituted against him, the deceased had repeatedly and continuously threatened to take my life during the period of three weeks before the killing, and he even so threatened on the very day of the killing and only three or four hours before. Second, that I was informed of these threats, and had on several occasions left town to avoid him. Third, that at the time I shot E. D. Kennedy, he, a man who feared nobody on earth, and who forgave nobody, who always bore arms about his person, and who never made an idle threat in his life, had just used menacing language in regard to me, and was advancing upon me with both hands thrust in his pockets. This last fact, by the way, was proven by a witness for the Commonwealth, a lawyer and a gentleman of the highest respectability. I think I was clearly entitled to bail. The court, however, thought differently, and I have no reflections to cast about it. I must admit that my position was not the most favorable one for a calm, judicial survey of the proof, and I must say that Judge Duncan presided with much dignity. But I am satisfied his mind was made up before he went into the trial.

I refer to it now merely to declare that with this testimony I am not and should not be afraid of a trial. I am willing and ready at any time to face a jury of my countrymen upon this charge.

Why risk your life then, it may be asked, by flying from an armed guard? I answer that a motion had already been made to remove me to the jail at Louisville. It is absolutely certain that by Monday night following I would have been taken to that jail, where I would have had no opportunity to see my wife or children, or to confer with friends or counsel, and where, as suited the convenience or caprice of the lawyers, I might have lain six months or rotted as many years. I didn't choose to undergo all this if I could avoid it; and this, I solemnly declare, was my only reason for taking such abrupt leave of the very clever gentlemen who composed my guard.

I desire to say now, and in all sincerity, to the people and officers of Garrard county, that when my case is called for trial I shall be there to answer. I have no desire to evade a fair trial. Still less do I wish to fly from the country, or to live the life of an outlaw in it, and as some proof of my sincerity, and to give a guarantee which will be more satisfactory than my bare word to the Commonwealth attorney, I hereby offer, at any time and place the authorities may designate, to execute a perfectly good bond for my appearance at final trial in any sum not exceeding ten thousand dollars. GROVE C. KENNEDY. [11]



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[March 30, 1877] -

A communication signed Grove C. Kennedy, appears in the Courier-Journal of Wednesday. He explains that he only escaped from the officers to keep from being taken to the dreary prisons at Louisville, and asserts his willingness and ability to give bail for his appearance at final trial in any sum not exceeding $10,000. It is not likely that the officers will succeed in taking him nolens volens, so it would be the better plan to accept the terms that he is now in position to dictate. [12]




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[April 13, 1877] -

Hand bills have been scattered broadcast announcing the fact that Judge Wickliffe has appointed Monday, the 16th of April, for the trial of Grove C. Kennedy, under indictment for murder. [13]




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[April 20, 1877] -

KENNEDY. -- Judge Wickliffe, Special Judge for the Kennedy case, was at Lancaster Monday, ready to try Grove Kennedy, who had, through the columns of the Courier-Journal, made such fair promises about being present; &c. But Kennedy was not there, as his heart, it is said, failed him at the last moment. The Judge, after waiting as long as decency would admit, adjourned his Court sine die, and ordered a breach warrant to issue for the arrest of Kennedy. He is in no danger of arrest, however, and will, in all probability, come an go when he pleases, as heretofore. He was in Stanford on Sunday evening, and remained several hours, but no one said him "nay," and he departed as he came, in peace. [14]



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[April 20, 1877] -

On Monday the interested, the curious and the revengeful were on the qui vive [lookout] from an early hour, for the entree of the expected prisoner, Mr. Grove C. Kennedy, whose trial for murder had been appointed, for that day. Rumors were afloat with reference to armed men, militia and other anticipated contributions to a street pageant. A message came to the effect that the prisoner would appear, but would not consent to give up his arms. Such an innovation upon criminal trials was of course not to be considered by the Court for a moment. These, and other floating stories, went from mouth to mouth, but we can vouch for nothing save the fact that the prisoner forfeited his published promise and failed to appear. Judge Wickliffe and the counsel from other towns, were on duty, and the jury in readiness. What the future will bring forth on the much-vexed subject, the future shall tell. [15]



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[May 4, 1877] -

The proclamation of Governor McCrary, which will be found in another column offering a reward of $500 for the apprehension of Grove C. Kennedy, ought to induce our officers and others, to exert themselves in bringing him to justice. It is a crying shame on a country, where people are permitted to defy the law as this man has, and we hope that he, as well as all others who attempt to live outside of it, will yet have to acknowledge the supremacy of the law. [16]







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[May 4, 1877] -

PROCLAMATION

---BY THE---

GOVERNOR.
------
$500 Reward !
------
Commonwealth of Kentucky. }
            Executive Department }

WHEREAS, The Circuit Judge who was appointed to try the case, and the County Judge of Garrard County have, in accordanec with the law, petitioned me to offer a reward for the apprehension of G. C. Kennedy, who stands charged by indictment in the Garrard Circuit Court, with the murder of E. D. Kennedy, committed in Garrard County, on the 21st day of February, 1877, is now a fugitive from justice going at large. Therefore, I, JAMES B. McCREARY Governor of the Commonwealth aforesaid, do hereby offer a reward of Five Hundred Dollars ($500,) for the apprehension of said G. C. Kennedy, and his delivery to the Jailer of Garrard County.

In Testimony whereof, I have hereunto set my hand, and caused the Seal of the Commonwealth to be affixed. Done at Frankfort, the 19th day of April, in the year of our Lord one thousand eight hundred and seventy-seven, and in the eighty-fifth year of the Commonwealth.

JAMES B. McCREARY.

By the Governor.
J. STODDARD JOHNSON, Secretary of State.
By THOS. S. BRONSTON, Assistant Secretary of State. [17]





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[May 11, 1877] -

DIED. -- Mrs Eliza Yeakey, of Paint Lick, Garrard county, who had last week, an apparently successful operation performed on her in the removal of an ovarian tumor weighing fifty pounds, died on Friday, from the effects of it. She was in her 58th year, and although suffering more, mentally, than falls to the lot of most women, by the violent death of two sons, and most recent killing of her brother, Mr. E. D. Kennedy, she never wavered in her sincere trust in Him and died perfectly conscious in the hope of a blissful hereafter. [18]




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[19] Excerpt from "Richmond." The Courier Journal, Louisville, KY August 21, 1877. Page 1. Newspapers.com.

[August 21, 1877] -

In conversation with a prominent citizen of Richmond to-day, who had lately returned from a visit to Crab Orchard, he stated that while there he had seen and talked to the outlaw G. Kennedy, (who murdered his uncle at Lancaster some time since, and for the capture of whom the Governor has offered a reward of $500), walking about in broad day light, as free and apparently as unconcerned as anybody, and that no one in that part of the country had the courage to undertake to arrest him. There is a report current that he is in Richmond to-night, though a brother of his who was here [Richmond] last night with Captain Saunders may have been mistaken for him. [19]




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[20] "Five Hundred Dollars Reward." The Courier Journal, Louisville, KY. August 28, 1877. Page 2. Newspapers.com.

[August 28, 1877] -

Five Hundred Dollars Reward.

The Evening News of this city seems to be under the impression that the Governor of the Commonwealth is a Sheriff and the Adjutant General a kind of Deputy Constable, and both should go about the State making arrests whenever and wherever the actual Sheriffs are too lazy or cowardly to perform their duties. Our contemporary does not seem[?] to be aware that the State authority has been exercised in the case of Grove Kennedy; so, for the benefit of that journal and those of its readers who have been missed by its statements, we will recall the facts. When Grove Kennedy killed his uncle last spring, in Garrard county, he was arrested and placed in jail, and was indicted for murder. The Circuit Judge of that district, Hon. M. H. Owsley, being a witness to the killing declined to sit in the trial of the case. No attorney at that bar could be obtained to act as special judge, and these circumstances being duly certified by the Circuit Clerk, governor McCreary commissioned Judge Wickliffe, of an adjoining district, as special judge to try the case. Before the day fixed for his trial Kennedy was brought from jail to the courthouse under a writ of habeas corpus. As the result of that inquiry he was remanded to jail by the court and denied bail. On his way back to the jail he escaped from the Sheriff. On application of Judge Wickliffe and the County Judge of Garrard, Governor McCreary offered a reward of five hundred dollars, the highest reward authorized by law, for the apprehension of the escaped prisoner. It was subsequently communicated to the Governor that Kennedy was in Lincoln county. Thereupon Governor McCreary notified the Sheriff of Lincoln that the reward had been offered, that it was his, the Sheriff's, duty to arrest the fugitive, and that if the civil authority was not sufficient, after a full exertion of its powers, to make the arrest, or to arrest any violator of the law, a sufficient force of the State militia would be furnished to maintain the constituted authorities. It is the business of the Sheriff of Lincoln county to arrest Kennedy if found in that county. But it does not appear that the Sheriff or any other peace officer or citizen of Lincoln has made any effort whatever to arrest him. In fact, the people of Lincoln county seem to think that the sensation of Mr. Grove Kennedy's presence at their famous watering place aids so much to the attractions of Crab Orchard Springs that he ought to be let alone. His capture is worth only five hundred dollars. As a card for Crab Orchard, and indirectly Lincoln county, he seems to be worth much more. The direct responsibility for this disgraceful exhibition of defiance of law rests, of course, upon the Sheriff of Lincoln county. But no official would dare to be so regardless of the duties of office if he thought that thereby he would incur public shame[?], so the responsibility spreads itself out over the people of Lincoln, and the invitation goes from Crab Orchard Springs that not only are the invalid and weary welcome, but the comforts of a first class home are extended to fugitives from justice. The suggestion of the Evening News that Gov. McCreary should at once send a small army under his Adjutant General to lay siege to Grove Kennedy's retreat loses sight of the important fact of military force may be employed only after the civil authority has exhausted its power. There is nothing yet to show that the Sheriff of Lincoln might not make the arrest singlehanded. There is certainly no reason to suppose that the Sheriff with a posse of citizens might not make the arrest. If troops were sent to Lincoln they would have to be placed under the orders of a civil peace officer and as the civil peace officer will not attempt the arrest, or summon a posse to make it, there is room to doubt their disturbing the tranquility of Mr. Kennedy by the very active employment of the military. The case just happens to be one in which the public sentiment of the locality to which the fugitive confines himself is in his favor. It is absurd to suppose that there is not a man in Lincoln county, with the incentive of five hundred dollars for his trouble, who dare arrest Grove Kennedy. If that is the present situation of Lincoln, her youths have gone West, leaving behind only the decrepid[sic] and the impotent to maintain the the majesty of law and the public decency. [20]



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[21] "Grove Kennedy." The Interior Journal, Stanford, KY. August 31, 1877. Page 2. LOC. http://chroniclingamerica.loc.gov/lccn/sn84038328/1877-08-31/ed-1/seq-2/

[August 31, 1877] -

GROVE KENNEDY.

The Evening News of this city seems to be under the impression that the Governor of the Commonwealth is a Sheriff and the Adjutant General a kind of Deputy Constable, and both should go about the State making arrests whenever and wherever the actual Sheriffs are too lazy or cowardly to perform their duties. Our contemporary does not seem to be aware that the State authority has been exercised in the case of Grove Kennedy; so, for the benefit of that journal and those of its readers who have been misled by its statements, we will recall the facts. When Grove Kennedy killed his uncle last spring, in Garrard county, he was arrested and placed in jail, and was indicted for murder. The Circuit Judge of that district, Hon. M. H. Owsley, being a witness to the killing, declined to sit in the trial of the case. No attorney at that bar could be obtained to act as special judge, and these circumstances being duly certified by the Circuit Clerk, Governor McCreary commissioner Judge Wickliffe, of an adjoining district, as special judge to try the case. before the day fixed for his trial Kennedy was brought from jail to the court-house under a writ of habeas corpus. As the result of that inquiry he was remanded to jail by the court and denied bail. On his way back to the jail he escaped from the Sheriff. On application of Judge Wickliffe and the County Judge of Garrard, Governor McCreary offered a reward of five hundred dollars, the highest reward authorized by law, for the apprehension of the escaped prisoner. It was subsequently communicated to the Governor that Kennedy was in Lincoln county. Thereupon Governor McCreary notified the Sheriff of Lincoln that the reward has been offered; that it was his, the Sheriff's duty to arrest the fugitive, and that if the civil authority was not sufficient, after a full exertion of its powers, to make the arrest, or to arrest any violator of the law, a sufficient force of the State militia would be furnished to maintain the constituted authorities. It is the business of the Sheriff of Lincoln county to arrest Kennedy if found in that county. But it does not appear that the Sheriff or any other peace officer or citizen of Lincoln has made any effort whatever to arrest him. In fact, the people of Lincoln county seem to think that the sensation of Mr. Grove Kennedy's presence at their famous watering place adds so much to the attractions of Crab Orchard Springs that he ought to be let alone. His capture is worth only five hundred dollars. As a card for Crab Orchard, and indirectly Lincoln county, he seems to be worth much more. The direct responsibility for this disgraceful exhibition of defiance of law rests, of course, upon the Sheriff of Lincoln county. But no official would dare to be so regardless of the duties of office if he thought that thereby he would incur public odium, so the responsibility spreads itself out over the people of Lincoln, and the invitation goes out from Crab Orchard Springs that not only are the invalid and weary welcome, but the comforts of a first-class home are extended to fugitives from justice. The suggestion of the Evening News that Governor McCreary should at once send a small army under his Adjutant General to lay siege to Grove Kennedy's retreat loses sight of the important fact that military force may be employed only after the civil authority has exhausted its power. There is nothing yet to show that the Sheriff of Lincoln might not make the arrest single-handed. There is certainly no reason to suppose that the sheriff with a posse of citizens might not make the arrest. If troops were sent to Lincoln they would have to be placed under the orders of a civil peace officer, and as the civil peace officer will not attempt the arrest, or summon a posse to make it, there is room to doubt their disturbing the tranquility of Mr. Kennedy by the very active employment of the military. The case just happens to be one in which the public sentiment of the locality to which the fugitive confines himself is in his favor. It is absurd to suppose that there is not a man in Lincoln county, with the incentive of five hundred dollars for his trouble, who dare arrest Grove Kennedy. If that is the present situation of Lincoln, her youths have gone West, leaving behind only decrepid and the impotent to maintain the majesty of law and the public decency.

We copy the above from the Courier-Journal and in the main indorse it. But the statement that the citizens are as law-abiding and honorable as any in the State. There is not one of her citizens, outside of Mr. Kennedy's circle of friends but what would be glad to see him brought to justice, and if summoned to form a posse to arrest him would go without hesitation, not from any malice toward him, for he is a good, clever fellow, but for the vindications of law and order. The trouble, as we have on sundry occasions had to remark, lies entirely with our officers. They are afraid of their own shadows and the sooner they resign to make room for competent men the better for the good name of the county. Mr. Kennedy's home is in the edge of Garrard, where he stays, no doubt more than he does at Crab Orchard, and the Sheriff over there, who was so distressed because he let him get loose, might also put in some valuable time in apprehending him, but like ours, he believes that a Sheriff has no other duties than to collect taxes and do other little duties which will bring no danger to him or cause him to hurt the tender feelings of a violator of the law. [21]



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[22] Excerpt from Column 5. The Interior Journal, Stanford, KY. September 7, 1877. Page 1. LOC. http://chroniclingamerica.loc.gov/lccn/sn84038328/1877-09-07/ed-1/seq-1/

[September 7, 1877] -

A number of well-known ladies and gentlemen, who have been spending the summer at Crab Orchard Springs, have published a card highly commendatory of the hotel-keeper there. It gives us real pain to note the absence of Grove Kennedy's name to the advertisement. Perhaps Mr. Kennedy had just stepped down in the woods to kill another man. If so we excuse him. --(Evening News. [22]







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[23] "Waking 'Em Up." The Interior Journal, Stanford, KY. September 7, 1877. Page 2. LOC. http://chroniclingamerica.loc.gov/lccn/sn84038328/1877-09-07/ed-1/seq-2/

[September 7, 1877] -


WAKING 'EM UP. -- The numerous newspaper articles in regard to Grove Kennedy and the negligent officials have had their effect in waking up the Commonwealth's Attorney, who moved the Court in session at Lancaster last week to issue rules against the Sheriffs of Lincoln and Garrard, to show cause why they should not be fined for permitting Mr. Kennedy to go at large, when they had Bench Warrants against him in their pockets. The rule so far as Mr. Feland was concerned, was issued and sent to the Jailer of this county for execution. But when Mr. Feland appeared to answer the rule on Saturday last, he swore, as did his deputy, that no warrant had ever been received by him, and it finally turned out, if ever issued at all, that the Clerk had failed to send it because it would cost three cents, which tremendous expense he was unwilling to incur. Now this is a pretty state of affairs, a man charged with murder is permitted to go at large and disport himself at Crab Orchard with as little apparent concern as the most innocent pleasure-seeker, and no warrant is sent out because the Circuit Clerk of Garrard becomes suddenly tired of paying postage. There is a good deal of rottenness connected with this case which we intend to show up before it is through with. 

The Sheriffs of Garrard and Lincoln counties are without excuse for their negligence in the case of Grove Kennedy, and should be promptly displaced from office. Two bench warrants were issued to these officers by special Judge Wickliffe for the arrest of the fugitive from justice, but the warrants have not been executed, notwithstanding the fact that Kennedy has been known to be within only a few miles of the officers themselves. They should be taught a lesson that they will not soon forget. Their conduct has been absolutely disgraceful.--[Louisville Evening News.

Willing always to give even the devil his due, we are prepared to say upon the sworn statements of Sheriff Feland and his deputy that no bench warrant for the arrest of Grove Kennedy had ever reached their hands until they appeared at Lancaster last Saturday in answer to the rule against them. Perhaps it would have been all the same if they had, but we will not judge them harshly. We understand that the Sheriff of Garrard had a warrant, however, but why he has made no attempt to serve it, is perhaps best known to himself. A man serving in the humble capacity of a journalist has no right to inquire into the acts and short comings of officers. He might make some body mad. [23]



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[24] Excerpt from "Local News." The Interior Journal, Stanford, KY. September 7, 1877. Page 3. LOC. http://chroniclingamerica.loc.gov/lccn/sn84038328/1877-09-07/ed-1/seq-3/

[September 7, 1877] -

Sheriff Feland and his deputy replied to the article that we clipped from the Courier-Journal last week, denying that they had ever received a bench warrant for the arrest of Kennedy. They also took occasion to make a few "sarcastic" remarks about those little drams that Watterson took with the distinguished outlaw while they were both guests of Crab Orchard Springs. Their letter appeared in the Courier-Journal of last Saturday. [24]




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[25] "Garrard County Again." The Courier Journal, Louisville, KY. September 13, 1877. Page 3. Newspapers.com.

[September 13, 1877] -

GARRARD COUNTY AGAIN.

A Statement from Col. John K. Faulkner, Clerk of the Circuit Court.

(To the Editor of the Courier-Journal.)

WAKING 'EM UP. -- The numerous newspaper articles in regard to Grove Kennedy and the negligent officials have had their effect in waking up the Commonwealth's Attorney, who moved the court in session at Lancaster last week to issue rules against the Sheriffs of Lincoln and Garrard, to show cause why they should not be fined for permitting Mr. Kennedy to go at large, when they had Bench Warrants against him in their pockets. The rule so far as Mr. Feland was concerned, was issued and sent to the Jailer of this county for execution. But when Mr. Feland appeared to answer the rule on Saturday last, he swore, as did his deputy, that no warrant had ever been received by him, and it finally turned out, if ever issued at all, that the Clerk had failed to send it because it would cost three cents, which tremendous expense he was unwilling to incur. Now this is a pretty state of affairs, a man charged with murder is permitted to go at large and disport himself at Crab Orchard with as little apparent concern as the most innocent pleasure-seeker, and no warrant is sent out because the Circuit Clerk of Garrard becomes suddenly tired of paying postage. There is a good deal of rottenness connected with this case which we intend to show up before it is through with. 

The above is clipped from the Interior Journal of the 7th inst. In justice to myself as Clerk of the Garrard Circuit Court, I ask you to publish the following statement: Upon the trial of the motion against the Sheriffs to show cause, etc., the Commonwealth's Attorney, my deputy and myself all testified that a warrant was issued to the Sheriff of Lincoln county and placed in a stamped official envelope in the Clerk's office, and my deputy swore to the best of his recollection that he mailed the same to the Sheriff of Lincoln county. In addition to this, not less than half a dozen other warrants were issued prior to this time and disposed of as follows: The Sheriff of Garrard county stated that he had received three of these warrants; another was placed in the hands of the constable of the precinct in Garrard county in which Grove Kennedy lived; another was placed in the hands of B. F. Slavin, son-in-law of E. D. Kennedy, deceased, and one was mailed by Commonwealth's Attorney Denny to the Marshal of Crab Orchard. All these facts were sworn upon the trial of the motion.

The postage-stamp could have had no weight with the clerk, since, by reference to section 4, article 6[?], page 578[?], of the General Statutes, the learned quill-driver of the I. J. will see that such "tremendous expense" is borne by the trustee of the jury fund.

In conclusion, I will say that the statements of the Interior Journal in regard to me are base lies made out of the whole cloth, and if the editor thereof desires to relieve himself from the odium of publishing a willful falsehood he can do so by giving the name of his informant. In reference to the rottenness connected with this matter I will say that I, and I believe the other official of Garrard county, are perfectly willing to have the bottom facts brought to light.

J. K. FAULKNER, Clerk Garrard Circuit Court. [25]




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[26] Excerpt from Column 2. The Interior Journal, Stanford, KY. September 14, 1877. Page 2. LOC. http://chroniclingamerica.loc.gov/lccn/sn84038328/1877-09-14/ed-1/seq-2/

[September 14, 1877] -


Last week we stated on the word of a gentleman, whose character for truthfulness, is, to say the least, as good as that of Col. Faulkner, that the Circuit Clerk of Garrard, had, because of his unwillingness to expend the amount of a postage stamp, failed to send the bench warrant to our Sheriff for the arrest of Kennedy. In doing this we had no malice in the matter, but Faulkner, like a craven coward, wrote a long letter to the Courier-Journal in regard to the matter, and took occasion to denounce our statements as "base lies manufactured out of whole cloth." Now, if Faulkner is the brave man that he imagines himself, he would not have sought the columns of the Courier-Journal to vent his spleen, but would have asked our author, denied the statement, and requested a retraction, which, being convinced of our error, we would have cheerfully made. We would further suggest to the imaginary brave and chivalrous Col., that it is but natural that he is offended with us for the interest we feel in the arrest of Grove Kennedy, his kinsman, but we are not disposed of to spare even his tender feelings, and "the rottenness connected with this matter" will be shown up long before he is ready for it, notwithstanding his defiant assertion that he is willing that it should be given. [26]





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[27] Excerpt from "Local News." The Interior Journal, Stanford, KY. September 14, 1877. Page 3. LOC. http://chroniclingamerica.loc.gov/lccn/sn84038328/1877-09-14/ed-1/seq-3/

[September 14, 1877] -

OUTRAGEOUS.-- Grove Kennedy not satisfied with defying the authority of the law, shot several times at the Engineer of the passenger train near Crab Orchard, on Wednesday evening because he had the effrontery to blow his whistle, thereby frightening Kennedy's horse. Even Kennedy's best friends are becoming disgusted with his behavior. [27]




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[28] Excerpt from "Local News." The Interior Journal, Stanford, KY. September 14, 1877. Page 3. LOC. http://chroniclingamerica.loc.gov/lccn/sn84038328/1877-09-14/ed-1/seq-3/

[September 14, 1877] -

A MISERABLE FARCE. -- Our gallant deputy Sheriff is a man after our own heart. Fearless and courageous, he adds to these noble qualities a coolness that is remarkable and his other superior traits are such that mother's should point their little ones to him as an example worthy of emulation. Like some of our Generals in the late war his movements are slow and he indignantly denies the old saying that "all is fair in war." Honorable to the core he would scorn to take the least advantage of his foe, but on the contrary is willing to give him a fair showing to either prepare himself or beat a hasty retreat. This much we say to show how greatly we admire this gallant man, but there are those, we regret to say, who condemn his movements in getting up his troops for yesterday's raid on Mr. Kennedy. They say that two days, during which every body in the county, including the outlaws, were apprised of his intentions, were too long to prepare for the onslaught. In fact there are those who foolishly assert that the posse should have been summoned to get ready in an hour, and should have consisted of some 10 or 15 picked men only. The attempt should have been made at night and not in the broad day-time with 40 men when Mr. Kennedy was apprized of their coming at least two days before and had flown to safety. Baily Withers while Sheriff would have done things quite differently from our present deputy. Taking two or three men, without noising abroad his intentions, he would have pounced down upon the criminal and secured his arrest. He generally meant business. The late futile and farcical attempt to arrest Kennedy was an effort to allay the public sentiment that was crying out for the enforcement of the laws of the land. What was done? Simply a party of some 40 or 50 men marched up the hill to Crab Orchard and then marched down again. Nothing was done after reaching there, the great bubble burst and force No. 1, was ended. We patiently await for part No. 2, and trust our deputy will yet redeem himself. His intentions are good, no doubt, but his execution is most abominable. [28]



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[29] Excerpt from Column 2. The Interior Journal, Stanford, KY. September 28, 1877. Page 2. LOC. http://chroniclingamerica.loc.gov/lccn/sn84038328/1877-09-28/ed-1/seq-2/

[September 28, 1877] -

COL. FAULKNER. -- Last Wednesday's Courier-Journal contained a card from Col. J. K. Faulkner, in which he publishes a number of affidavits, signed respectively, by Judge Owsley, Commonwealth's Attorney Denny, the members of the Lancaster Bar, and his Deputy Clerks, showing that we were in error in regard to our statement about the 3-cent stamp business. The affidavits say that the testimony was, that the warrant against Kennedy was issued, and put in a stamped envelope -- though no witness states positively that it was ever mailed. The only ground for our statements, according to the affidavits, is, that there were some jocular remarks made by Deputy Clark Mason in a conversation with Mr. Denny about the warrant, which was brought out in the evidence. Having no desire whatever to injure or misrepresent Col. Faulkner, we give him the benefit of the above, and will remark that our information in the first place, was obtained from a gentleman, in whose word we have confidence, and we gave the item as a matter of news, and to exhonorate our Sheriff, whom we had charged with having the warrant and was afraid to execute it. We will also remark that had Col. Faulkner's first card been as temperate as the last, there would have been no need for a second publication. It is our established rule to publish what we think reliable news, regardless of whom it may favor or hurt, but if we should occasionally find that we have been misinformed, no newspaper in the country is more willing to set matters straight than the Interior Journal. Neither are we disposed to be "belicose" -- on the contrary, we are exceedingly mild-mannered--but when a man attempts to call us a liar, he may always be sure of hearing from us, and that by the nearest means in our power. [29]



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[30] "Grove Kennedy." The Interior Journal, Stanford, KY. October 5, 1877. Page 2. LOC. http://chroniclingamerica.loc.gov/lccn/sn84038328/1877-10-05/ed-1/seq-2/

[October 5, 1877] -

GROVE KENNEDY.--The Cincinnati Commercial has the following special telegram: "It is now an open secret that parties are in pursuit of Grove Kennedy, the Crab Orchard outlaw. The State offers a reward of $500 and the Louisville and Nashville Railroad $500 additional. The pursuit is conducted so secretly that Grove Kennedy is for once afraid. He had reason to believe that his trail was being followed last week and he abandoned his hitherto safe retreats in Garrard and Lincoln counties and sought refuge in that portion of Madison adjoining Garrard. The authorities of Madison county are on the alert. If Mr. Kennedy should meet the Sheriff of that bailiwick and a posse, he will meet a bad crowd." [30]




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[31] "Complimentary." The Interior Journal, Stanford, KY. October 26, 1877. Page 2. LOC. http://chroniclingamerica.loc.gov/lccn/sn84038328/1877-10-26/ed-1/seq-2/

[October 26, 1877] -

COMPLIMENTARY. -- The Sunday Argue has never acquired much a reputation for saying complimentary things, but when it does attempt anything of the kind "it goes the whole hog," as witness the following: We salute the Interior Journal. It is making a hot, fearless fight against lawlessness in its section, and deserves the support of every good citizen in Stanford and vicinity." Then the Louisville Evening News, is writing up a number of the editorial fraternity, Polks us gently in the short ribs, or, in other words, tickles us by saying: "W. P. Walton, of the Stanford Interior Journal, is in favor of the immediate capture of Grove Kennedy, and does not propose to be frightened by any of Grove's friends, in office or out of it. He makes a newspaper worthy of being read by all." [31]




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[32] "At Last." The Interior Journal, Stanford, KY. October 27, 1877. Page 1. LOC. http://chroniclingamerica.loc.gov/lccn/sn84038328/1877-10-27/ed-1/seq-1/
Also printed in "Capture of Grove Kennedy." The Interior Journal, Stanford, KY. November 2, 1877. Page 1. LOC. http://chroniclingamerica.loc.gov/lccn/sn84038328/1877-11-02/ed-1/seq-1/


[October 27, 1877] -


AT LAST

Grove Kennedy is Taken in out of the Wet.

Marshal Hunter, and Posse of Bardstown, did the Job, and Will Walk off with the $1,000 Reward.

Kennedy Made no Resistance; but, Seeing that he was Overpowered, Handed over his Arms, and Surrendered.

He now Occupies his Old Quarters in is the Lancaster Jail.

B Y   T E L E G R A P H.

News arrived by train this morning that Grove Kennedy had been captured. This naturally created considerable excitement, so we have taken the pains to get the particulars and given them to our readers in this form. This morning before day, Marshal Hunter and party having previously ascertained that Kennedy was at his father's, repaired to the house. They waited until 6 o'clock, when Grove came out to feed his horse, and then from the weeds and bushes, sprang with drawn arms upon him. Seeing that flight or resistance were alike useless, Grove threw up his hands and surrendered. He was then taken to Lancaster and lodged in Jail, where he is now under heavy guard.

The party that did their work so nobly and well, have been in the  neighborhood over a week, and had thus gotten Grove's movements down to a fire point. All honor to them.

Kennedy has been at large since the 17th of last March, and in that time has gotten up a bigger reputation than any other man in Kentucky. Nearly every paper in the country has published the daring defiance that he has made to the laws of the land and the sympathy that was felt for him last Spring when he promised through the Courier-Journal to stand his trial has vanished into thin air.

Our feelings for Kennedy, personally, are a great deal more friendly than otherwise, but we glory in the supremacy of the law and in the suppression of crime and outlawry and hope Grove's capture is but the fore-runner of other captures just as important as his. [32]



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[33] "Grove Kennedy." The Hartford Herald, Hartford, KY. October 31, 1877. Page 3. LOC. http://chroniclingamerica.loc.gov/lccn/sn84037890/1877-10-31/ed-1/seq-3/

[October 31, 1877] -


GROVE KENNEDY.

The Noted Outlaw Captured in Garrard County Last Friday.

Grove Kennedy, charged with the murder of Eb. Kennedy, his uncle, in Lancaster, sometime last year, and who has been at large defying the authorities of the entire State was captured at the residence of his father, in Garrard county. [33]




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[34] Excerpt from "Local News." The Interior Journal, Stanford, KY. November 2, 1877. Page 3. LOC. http://chroniclingamerica.loc.gov/lccn/sn84038328/1877-11-02/ed-1/seq-3/

[November 2, 1877] -

THE CAPTURE OF GROVE KENNEDY. -- On our outside will be found the particulars of the the capture of Grove Kennedy, which appeared in an EXTRA issued from this office on Saturday last. There are but few new developments since then and the statements made in it are in the main, correct, only that Kennedy was kept in jail at Lancaster but for a short time, his captors taking him on by turnpike, to Louisville where he is now in jail. It was rather unfortunate for Grove, that his arrest was accomplished at the time it was, for we learn from Cols. Hill and Welch, his Attorneys, that they had made positive arrangements with him to go with them to Lancaster immediately after the adjournment of our Court and deliver himself up to the authorities of that county, thereby getting the benefit of a voluntary surrender. It was the avowed determination of Kennedy to do so, and this, in a measure had thrown him somewhat off his guard and may have had something to do with his easy capture. From the daily papers we learn that his case will be transferred to Nelson county, and that his trial will take place at Bardstown early in December, before Judge Wickliffe, who was appointed by the Governor to try it. [34]




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[35] Excerpt from "Local News." The Interior Journal, Stanford, KY. November 2, 1877. Page 3. LOC. http://chroniclingamerica.loc.gov/lccn/sn84038328/1877-11-02/ed-1/seq-3/

[November 2, 1877] -

DISGRACEFUL. -- Some of the young men summoned to guard the jail on Monday night, got drunk and behaved in a disgraceful manner. They shouted, fired pistols and made night hideous generally, to those of our citizens who were trying to sleep. Mr. Al. Pendleton's house was fired into and he was awakened by the plastering that was knocked from the ceiling by the ball. Such conduct might do well enough for a set of avowed rowdies, but for a party of young men who claim to be respectable, it is a shame and the guilty parties should be severely punished. And the only way to find out who is guilty is to bring the whole party up for trial. [35]






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[36] Excerpt from "Kentucky News." The Courier Journal, Louisville, KY. November 3, 1877. Page 2. Newspapers.com.

[November 3, 1877] -

The Nelson Record says the total reward offered for Kennedy's capture was $1,300 -- $500 by the State, $500 by the L. and N. road, and $300 by the aunt, whose husband he killed. Hunter made five trips to Garrard and Lincoln before effecting the capture. [36]




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[37] Excerpt from "Local News." The Interior Journal, Stanford, KY. November 9, 1877. Page 3. LOC. http://chroniclingamerica.loc.gov/lccn/sn84038328/1877-11-09/ed-1/seq-3/

[November 9, 1877] -

ACQUITTED. -- The Deputy Sheriff and all the men summoned to guard the jail, a mention of which was made in this paper last week, were arrested on the oath of Marshal S. D. Myers, charged with shooting an otherwise misbehaving on the night in question, and tried before his Honor, Judge Dennis yesterday morning. The Attorneys for the town dismissed the writ as to several gentlemen, who were known to be innocent, and tried the remainder on their evidence, which was insufficient to convict the prisoners, and they were discharged. Tom Dodds admitted that he fired one shot in the ground and one accidentally, but as the case against him had been dismissed he was not fined. We were greatly in hopes that the guilty parties would have been ferreted out and heavily fined, although we are sure that none of the shooting was done in malice, but by thoughtless young men, who imagined they were perpetuating a remarkably fine joke. Quiet citizens don't exactly take to those kind of jokes, hence our desire that they would have been taught a lesson not to be forgotten in all time to come. [37]





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[38] "Just Exactly What We Say." The Interior Journal, Stanford, KY. November 9, 1877. Page 1. LOC. http://chroniclingamerica.loc.gov/lccn/sn84038328/1877-11-09/ed-1/seq-1/

[November 9, 1877] -

Just Exactly What We Say.

In the matter of Grove Kennedy the Louisville Evening News hits the nail on the head in this wise:

It is complained by some that the newspapers of the city are making a hero of Grove Kennedy, the complaints coming principally from those who know none of the particulars of the charges against him, and who brand him as a murderer before he has had a trial. There is no denying the fact that Grove Kennedy has killed a man, but it will be time enough to call him a murderer when a jury of his countrymen has found him guilty. The newspapers of the city have all sent members of their staff to interview the noted person who has gained some notoriety of late because he had a wholesome dislike to lying in a jail, preferring his freedom to confinement.

These newspaper men met him singly at different times, and it is a fact that they are all agreed that Kennedy has the air of a genteel farmer, and nothing of the desperado about his appearance, and this they have said. Only this and nothing more. If Grove Kennedy is a murderer, let him be punished, say all the newspapers, but let it be done in the name of Justice, and not to gratify a public outcry as senseless as it is uninformed. [38]




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[39] Excerpt from Column 2. The Interior Journal, Stanford, KY. November 9, 1877. Page 2. LOC. http://chroniclingamerica.loc.gov/lccn/sn84038328/1877-11-09/ed-1/seq-2/

[November 9, 1877] -

We had intended copying Mr. Jarman's denial of the Ci[n]cinnati Commercial's report of his version of the Saunders affair, which appeared in last week's Richmond Register, but have since learned from reliable authority that Mr. Jarman goes back on his card, and says he signed it without reading it, under the supposition that it was a correction of that part of the Commercial's report that made him say that Edwards ran as soon as Kennedy commenced firing, as he avows that he did not say that Edwards ran. We also learn that he was present and witnessed the whole affair, and that his statements as published by the Commercial and copied by this paper are substantially true. [39]



[Ed note: Richmond Register issues for the year 1877 are not available online and only a few issues from this time period appear to be available on microfilm, according to the Library of Congress directory. The Cincinnati Commercial Tribune is available on genealogybank.com for this year].


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[40] Excerpt from Column 3. The Interior Journal, Stanford, KY. November 30, 1877. Page 2. LOC. http://chroniclingamerica.loc.gov/lccn/sn84038328/1877-11-30/ed-1/seq-2/

[November 30, 1877] -

We have received for publication a lengthy article signed by the writer, purporting to give a history of the doings and misdoings of the Kennedy family for a couple of generations. The article contains very grave charges against other parties than the Kennedy's, some of whom are dead, and very grave reflections upon a number of gentlemen of Garrard county. Whether true or not, these charges are manifestly intended to prejudice the public mind against G. C. Kennedy. He is in jail and will shortly be tried upon the sworn testimony of witnesses. In the interest of law and order, we have been desirous that he should be captured and tried. We have no partisan views, however, one way or the other in his case, and cannot allow our columns to be made the vehicle of the partisan feelings of other people. We must decline publishing articles of this description pro or con while the matter is undergoing Judicial investigation. What we want, if any thing in the matter is reliable, testimony to show the rottenness of officers in this immediate case. [40]




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[41] "Grove Kennedy." The Interior Journal, Stanford, KY. November 30, 1877. Page 3. LOC. http://chroniclingamerica.loc.gov/lccn/sn84038328/1877-11-30/ed-1/seq-3/

[November 30, 1877] -


Grove Kennedy.

To the Editor of the Interior Journal.


As a friend and old acquaintance of the much abused and maltreated Grove C. Kennedy, who is now confined in the jail at Louisville, for safe keeping. I thought it a duty of friendship -- being on business anyway -- to go to the jail, find how he was situated and how he was treated, and how he was looked upon by his keepers, and those who had favorable chances to become well acquainted with him since his confinement in jail in that city. To my regret I found that the genial-hearted and accomplished gentleman, Ambrose Camp, the jailer, was off on a "bar" hunt in Arkansas, so I had not the pleasure of meeting him. But when I announced my purpose at the jail, Mr. Jacob Graff, Mr. Gunsenhousen and Thos. Laws, his worthy and genial deputies, ushered me into the prison of my friend who I found surrounded by a number of the most prominent and distinguished citizens of the city of Louisville together with a number of lawyers, among whom were Judge Fontaine, Wm. G. Baird, Esq., Samuel Atchison, Esq., and others. I found that most of the gentlemen, until becoming personally acquainted with Grove looked upon him as a terrible, huge and prodigious monster in human garb, but since their better acquaintance with him, have come to look on him as the genial and clever gentleman that he is. I found my friend Mr. Kennedy provided with all the comforts and all the privileges of confinement consistent with the duties of his keeper. I desire, as a friend to Mr. Kennedy, to return my thanks and those of his friends to the jailer Camp and his assistants for their kind and gentlemanly treatment. W. S. MYERS. [41]




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[42] "Garrard County Notes." The Interior Journal, Stanford, KY. December 7, 1877. Page 3. LOC. http://chroniclingamerica.loc.gov/lccn/sn84038328/1877-12-07/ed-1/seq-3/

[December 7, 1877] -

The trial of Mr. Grove C. Kennedy is set for the 3rd Monday in December. We imagine the impanelling of a jury will be more work than play. [42]



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[43] Excerpt from "Stanford." The Courier Journal, Louisville, KY. December 13, 1877. Page 4. Newspapers.com.

[December 13, 1877] -

Grove Kennedy's trial is to begin at Lancaster next Monday; but the sickness of W. O. Bradley, counsel for the defense, may cause a continuance. [43]



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[44] Excerpt from "Local News." The Interior Journal, Stanford, KY. December 21, 1877. Page 3. LOC. http://chroniclingamerica.loc.gov/lccn/sn84038328/1877-12-21/ed-1/seq-3/

[December 21, 1877] -

Nine Jurors in the Kennedy case had been obtained up to the adjournment of Court yesterday. [44]



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[December 21, 1877] -

A special meeting of the Murphys was held in the Louisville Jail for the benefit of Grove Kennedy, who seemed very much impressed, and at the conclusion of the services signed the pledge and became a veritable Murphy. Strong drink has always been the bain of Kennedy's life. Sober, he is as clever and as gentlemanly a fellow as ever was; drunk, he's very demon. Should he get clear and stick to his pledge, Grove has yet a bright future before him. [ibid (44)]






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[45] Excerpt from "Our Neighbors - Garrard County." The Kentucky Advocate, Danville, KY. December 21, 1877. Page 2. Newspapers.com.

[December 21, 1877] -

KENNEDY'S TRIAL. -- The all absorbing topic of the week has been, and will likely be until its termination, the trial of Grove C. Kennedy. Judge Wickliffe, Special Judge in his case, arrived last Monday evening, but Court was adjourned over until Tuesday. Upon assembling that day, Sheriff Kirby being a witness, Jas. N. Denny and Elijah Harris were appointed Elisors and ordered to summon 100 men from Lower Garrard to report yesterday, at 10 o'clock. Kennedy, under charge of Sam M. Peacock and the McCreary Guards of Frankfort, commanded by Capt. E. H. Taylor, arrived on Tuesday's train and were met at the depot by a curious and mixed multitude -- all anxious to catch a glimpse of the 'boys in grey' and to see if time had written any changes on Grove's familiar face. He is looking exceedingly well, and shows that he has fared on the 'fat of the lamb' during his stay at Louisville. The party were quartered at 'Castle Eason,' a place of [?] memory. When the case was called yesterday morning, the Commonwealth announced ready for trial. The defense made a similar response, upon condition that if, after the jury was selected, and they failed to get three important witnesses who had been subpoenaed, that the Court would not force them to try. The Commonwealth Attorney seriously objecting to this, the defense responded not ready. Grounds were filed for a continuance, which were overruled, the Court stating that it would give the defense ample opportunity to procure the three absent witnesses. The formation of the jury was proceeded with. Out of 99 jurors, the Commonwealth making a peremptory challenge to four and the defense to five, one juror, A. W. Long, was obtained. One Elisor was sent in the evening to the Upper End, and the other to Jessamine, to summon 100 more jurors to report this morning. This will prove one of the most interesting trials ever held in Kentucky. The prosecution is represented by Commonwealth Attorney, Denny, and Messrs. Hardin of the Mercer bar. The defense has the Messrs. Bradley of our bar, Cols. Hill and Welch, of Stanford, and W. O. Hansford, of Crab Orchard. What the verdict will be no one can tell, but both sides are equally confident. Our town has seen soldiers before, but never such an array of press representatives. There is Emmett Logan of the Courier Journal, standing 6 feet and 2 inches in his stocking feet, straight as Achilles, and presenting a picture of manly beauty. Dr. R. J. O'Mahoney, long and favorably known to the Kentucky press, now connected with the Cincinnati Commercial and Lexington Press. Last, but not the least in the trio, is F. W. Wooley, brother to the immortal Bob, who is noted for occasionally "straddling" the Court of Appeals. Mr. Wooley represents the Cincinnati Enquirer. These gentlemen are gifted writers, and in addition to thrilling articles on the trial, they are expected to say many good things of a goodly people. [45]



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[46] Excerpt from "Local and Personal." The Kentucky Advocate, Danville, KY. December 21, 1877. Page 3. Newspapers.com.

[December 21, 1877] -

Grove Kennedy signed the Murphy pledge in jail, last Friday, and remarked that strong drink had involved him in all the calamities that had fallen upon his life, and for the future, be his fate what it might, he was determined to keep the pledge faithfully. [46]



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[47] Excerpt from "Garrard County News." The Interior Journal, Stanford, KY. December 21, 1877. Page 3. LOC. http://chroniclingamerica.loc.gov/lccn/sn84038328/1877-12-21/ed-1/seq-3/

[December 21, 1877] -

Blessed is the bride whom the sun shines on, said the ancient augurs. If this were true of all classes then the hero of this week might well carry his head aloft; for no sweet May moon ever cast a brighter glow over the earth than does this December day. On Monday morning the Court House bell rang for the Special Term appointed for this week. The town filled rapidly and has continued in a state of quiet excitement up to the present. Tuesday afternoon found a crowd wending their way out to the depot ready to witness the all important arrival. Promptly upon the stoppage of the train the curiosity of the bystanders was gratified, and a file of the McCreary Guards, twenty-two in numbers, attired in grey uniform, and commanded by Capt. E. H. Taylor, descended to the platform with Mr. Grove C. Kennedy linked to Mr. Sam Peacock, who was deputized to escort the prisoner. The procession soon reached the jail where a halt was made for the night. On Wednesday morning the guard marched to the hall of justice with their prisoner and his trial for the killing of Mr. E. D. Kennedy last February, was installed. Judge Wickliffe is in attendance. For the prosecution there are Messrs. W. and C. Hardin, of Harrodsburg, and Judge Denny. For the defense, Messrs. R. M. and W. O. Bradley, W. G. Welch, W. O. Hansford and Col. T. P. Hill. Mr. James N. Denny was appointed Elisor to select a jury, and Mr. Elijah Harris, his deputy. This afternoon one hundred men were examined and only one juror obtained. He is a minster of the gospel, named Long, and seems to be an especial pet of the Sheriff. Tonight they have gone to Paint Lick and Nicholasville to select a new supply of intelligent, unprejudiced citizens. There are many strangers in town, and the grey uniforms stepping about the thoroughfare gives one a decidedly military feeling. Among our visitors are Mr. Emmett G. Logan, of the Courier-Journal; Dr. R. J. O'Mahoney, of the Cincinnati Commercial, and Mr. F. W. Wooley, of the Cincinnati Enquirer. The presence of city reporters makes us country correspondents hide our diminished heads. [47]



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[48] "Lancaster." The Courier Journal, Louisville, KY. December 25, 1877. Page 1. Newspapers.com.

[December 25, 1877] -

LANCASTER.

Twenty-eight Witnesses Examined Yesterday in the Defense of Grove Kennedy -- Probability that the Case May Go to the Jury Friday.

(Special Dispatch to the Courier-Journal.)

LANCASTER, KY., Dec. 24. -- The defense examined twenty-eight witnesses to-day, the, the majority being used to establish the character of the deceased E. D. Kennedy as a dangerous, drunken, vindictive, weapon-wearing man. His reputation for all these unlovable characteristics is so notorious in all this section of the State, that the hearing of testimony to that effect was necessary only as a legal formula. Testimony was also adduced to show that he had been armed a short time prior to his death, and that he had threatened to kill the accused, Grove Kennedy, unless a certain suit was withdrawn. The Commonwealth will attempt to impeach the testimony of the more important witnesses. The court adjourned late this evening until Wednesday morning. Two or three more witnesses will complete the testimony in chief of the defense, and the case will be ready for argument Wednesday evening or Thursday morning. One day will suffice for that, and by Friday at the furthest the jury will take the cash. The only fear of the Commonwealth is a hung jury, and I am inclined to believe that that is the main hope of the defense. Although this has been County-court day, the first day of the second week of the most exciting trial ever held in Garrard county, and Christmas eve, there has been only a moderately large crowd in town, no undue excitement, and little or no drunkenness. Verily, things have changed here of late.

To show the character of some of the witnesses used by the defense to-day, it is only necessary to state that one had killed five men, seven had killed each his man, one had killed a woman, four are charged with malicious shooting, four had had shooting scrapes, and three or four were engaged in the riot of 1874.

There is only one of the State Guard in the Hospital, Lieut. Thompson. He has been quite sick all day, but not seriously so.

W. O. Bradley entertains to-night.

The Christian church has a Christmas tree to-night. [48]




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[49] "Grove Kennedy." Cincinnati Enquirer, Cincinnati, OH. December 25, 1877. Page 1. Newspapers.com.

[December 25, 1877] -

GROVE KENNEDY.

Trial of the Kentucky Outlaw Drawing to a Close -- Testimony for the Defense -- Establishing the Bad Character of His Victim.

Special Dispatch to the Enquirer.

LANCASTER, KY., December 24. -- The trial of Grove Kennedy is approaching an end. Nearly all the witnesses for the defense have been heard. The following is the testimony taken to-day for the defense:

George Denny, senior, testified that he is President of the National Bank of Lancaster; is acquainted with Elbert Kennedy for forty years; knew his general reputation. (The Court limited the answer to his character for violence.) Witness said  that by far the greater portion of the community considered him a very violent, desperate and dangerous man; he was considered as much so as any man in the county; he habitually carried concealed weapons; when a man was in his way he had no mercy about him; had the reputation of carrying out his threats; was much more violent when in liquor; his habit of drinking increased of late years.

Cross-examined -- His feelings were not kind toward him; they were on different political sides, and Kennedy had threatened his life; half a dozen men had notified him of Kennedy’s threats; he was going to have the killing done by his sons and himself; understood also that Grove Kennedy was to kill him; had heard that Grove had threatened to kill him.

W. L. Kavanaugh lives in Garrard County; knew E. B. Kennedy for thirty years; his general reputation was that of a dangerous, violent man; never saw him without deadly weapons; he was likely to carry out his threats.

Cross-examined -- He was a brave man and a man of true courage; could not say whether a fair man in a fight or not.

S. D. Carpenter lives near Paint Lick, ten miles from Lancaster; knew Elbert Kennedy for fifty-five years; the people of the county regarded him as a bad man, a violent man; he was considered as likely to carry out a threat.

Cross-examined -- At the time of Eb Kennedy’s death witness was unfriendly and prejudiced against him; did not like him, for his contact toward his (witness’) family.

Captain Jack Adams lives at Camp Dick Robinson; knew the deceased all his life; Eb Kennedy was a bold, desperate man when he was drinking -- very revengeful; people said he always carried deadly weapons; he drank a good deal of whisky in the latter years of his life.

Cross-examined -- He was regarded as a brave and courageous man, and afraid of nobody; always heard that he was a magnanimous man toward his foe.

John W. Walker knew Elbert Kennedy since 1840; his reputation was that of a bold, violent, fearless man; he was considered dangerous if he made a threat and knew what he was saying; he was very apt to carry it out; he was of late years much addicted to drink.

Cross-examined -- He was a brave and magnanimous man, and would take no unfair advantage.

John S. Tusk knew Eb Kennedy all his life; he was very violent and dangerous; if he had threatened witness, witness would think himself gone up; was present at the opening of the special term of Court in April; Grove Kennedy came to his house that day with the purpose of going into Court to stand his trial; witness told Grove not to go — that he would not have a fair trial.

Re-examined -- Grove Kennedy stopped at witnesses’ house; furnished him with arms after his escape; am a cousin of the prisoner by marriage.

J. G. Sweeney, Theodore Curry, Alex. Scott and Joseph McQuerry testified to the same effect.

H. C. Kauffman, a lawyer in practice -- Knew Eb Kennedy. He was regarded as a dangerous, desperate man; he generally carried concealed weapons; he was regarded more dangerous when drinking; was present at the February term of Court, when he was killed, and saw him with a pistol; it was the Friday before the Tuesday of his killing; was in the Court-room on the evening of the killing; was at a table writing; heard an oath from Esquire Eb Kennedy, short and quick; Eb advanced, and Grove backed and drew his pistol, and Sheriff Kerby caught the weapon; Eb told the Judge he was not armed, and asked to be searched, but he was not searched; Grove went away, and sat tot he right of the bar; afterward, he got up and went to the stove, where Eb Kennedy was standing; it was about five o’clock in the evening; Eb Kennedy stepped back form the stove; when Grove went up there was nobody on the other side of the room.

Cross-examined -- is distantly related to Grove and Eb Kennedy.

Sheriff Wm. Kerby -- Have been Sheriff of Garrard for tw[o?] terms; knew Elbert for sixte[en …] years; he was regarded as a [….] dangerous man; served a process upon Eb Kennedy on January 23d, in a suit of G. C. Kennedy against his uncle, Elbert Kennedy; said Grove would have to draw that suit -- he did not settle his difficulties in that way; he would settle as he did with Bill Sellers; Grove was in town, and witness informed him of the threat; Eb Kennedy had been drinking; witness served a process also on J. Y. Leavell, on learning which Eb Kennedy reiterated his threats against Grove, of which witness again informed Grove; the way he settled the difficulty with Sellers was by burning his house and driving him from town; in the court-room on the day of the killing Eb Kennedy said he would swear to his answer when Grove had sworn to his petition; Eb Kennedy proposed that he withdraw his suit and leave it to men outside; Grove refused, and said the Court must settle it; Eb Kennedy uttered a short oath, and Grove stepped back and drew his pistol, which witness took from him; at the sto[v]e Eb said that Grove was a damned coward, and if he had little Cooley and Eb Cooley there he would not try it on; he had tried to run over them, and now wanted to run over him; Sheriff Kerby then took Eb Kennedy out of the room; the old man did not like it much; it seemed to him that he was running away -- a man who had been kicked; it was about five or ten minutes from the time they left the Court-room before Grove Kennedy came out; Eb Kennedy had time to go to his office, where he kept arms; when witness and Eb Kennedy got out on the pavement witness talked to some one about summoning witnesses; he then told Eb Kennedy to go away, and he refused to go any further; just then he saw Grove Kennedy's pistol pointed; witness shouted and jumped toward the Court-house ra[il]ing; Eb had both hands in his pockets, and with his right hand was handling his keys; he was standing with his head slightly turned and face toward where Grove Kennedy was.

Cross-examined -- Grove Kennedy and Elbert Kennedy were standing near each other at the stove when witness took Elbert away. They were close together. He did not like to go. He said afterward that he was glad the Sheriff took him away, because he did not want to run. After leaving Elbert Kennedy on the street, and running round the corner of the Court-house fence, the next he saw of him he was on the ground. Did not tell the Grand Jury that Elbert Kennedy said he would go home. Did not say that Elbert could not see Grove Kennedy when he fired the shot. Did tell the Grand Jury he did not and could not have seen Grove Kennedy unless he turned his head; he repeated that no one was present when Grove Kennedy got away; was not in command of the guard; was taking him back to jail; did not assist him in escaping. (Witness agreed with Mr. Peacock in the main in his account of the escape.) Stood there a little bit; asked some of the guards to go in with him and help search the house, and they refused; he then went to his office to give a receipt for taxes; when Grove attempted to get away witness grabbed his cape-overcoat and tore it off his shoulders; he afterward searched every room in the house, and overlooked none purposely; he searched the stable, with William Dillion at the head; Dillion lives at Crab Orchard, and he is a friend of Grove Kennedy.

Re-examined -- Did not connive in any way at the escape of Grove Kennedy.

Ebenezer Best was acquainted with Elbert Kennedy; think him a stout, able-bodied man; met Eb. Kennedy on the pike once, and he asked witness to hunt up some witnesses. Witness said he could not do it. Eb said, "Are you going back on me?" Will Kennedy has gone back on me, Grove is trying to ruin me, and God damn you if you go back on me I'll kill you." Witness rode off; in the Clerk's office witness told Grove Kennedy that he was fixing to get a thrashing.

Cross-examined -- Never liked Elbert Kennedy.

James A. Anderson saw the killing of Elbert Kennedy; was standing almost in front of the Court-house door; Grove Kennedy came out took his position behind the pillar, and took aim at Eb Kennedy, who was in the act of turning around, his hands were in his pockets.

W. F. Kennedy had a conversation with uncle Eb about Grove; Eb said if Grove did not draw the suit, he would stop him from suing any body else; witness repeated this to his brother Grove; witness did not think that Robert Conn testified at the examining trial that Grove said he would raise hell; Conn said that Eb Kennedy had loaned John Burnam his pistol.

James Alexander lives in Lincoln County, on the farm of Peter Kennedy; Met Elbert Kennedy at Carterville; Elbert said Grove had gone back on him, and he was bound to kill him; witness told Grove Kennedy of the threat; have been at Peter Kennedy's about a year; it was in February when he met Elbert Kennedy.

Cross-examined -- Told Grove Kennedy of the threat, and Grove said that he was not the first that had told him so. Witness stated that he was from Tennessee, and he was at once requested to stand aside.

John Higgins kept hotel in Lancaster when Eb Kennedy was killed; on Friday evening before the killing met Squire Eb Kennedy, and said that the difficulty between Grove and himself could be settled out of Court; witness tried to get Eb away, and he said Grove had been trying to bull-doze him; Eb Kennedy had been drinking; he had his hand on a big pistol in his pocket; saw Grove Kennedy the next day, and told him what had occurred.

Cross-examined -- When Eb Kennedy had the conversation with witness he was staggering drunk; have no recollection of saying to Robert Conn that it was a cold-blooded murder; did not say to Dr. Huffman that Eb had made no threat or demonstration against Grove, and that it was a cold blooded murder. The same question having been asked by counsel of the witness as to his use of such words in the presence of certain others, the witness could not say positively yes or no; he was excited, and he might have said something which he does not recollect; he did not say to Ben Slavin that Grove Kennedy had no cause for killing his uncle.

Re-examined -- The witness did not see the killing, nor the difficulty in the Court-room; he knew only of the killing by a rumor; a couple of ladies had asked him to take Robert Conn out of the way, he was so drunk when the corpse was brought to the house.

Peter Kennedy, father of Grove Kennedy, lives in Lincoln; the reason did not come to trial in April was that he had gone out and met him and advised him not to come, and insisted upon his not coming, because witness thought he would be shot all to pieces; he entertained these fears because of the maneuvers he had witnessed.

A large number of witnesses testified as to the character of Eb Kennedy and the facts of the killing, eliciting no new points.

The defense then announced that they were through with the testimony, except that of two ladies, whose presence could not be had until Wednesday morning. The Court was therefore adjourned until that day. [49]



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[50] "Lancaster." The Courier Journal, Louisville, KY. December 26, 1877. Page 1. Newspapers.com.

[December 26, 1877] -


LANCASTER.

Testimony in Grove Kennedy's Case Likely to be Concluded To-day -- Lieutenant Thompson Recovered.

[Special Dispatch to the Courier-Journal.]

LANCASTER, KY., Dec. 25. -- Lancaster has experienced the quietest Christmas day ever seen by the traditional "oldest inhabitant." Grove and the State Guard spent a quiet time in the court-room. Ten or a dozen of Grove's friends called to see him, lamented the good old time, and departed. To-morrow the testimony will continue and end. Should the jury hang, it is probable that Judge Wickliffe will summon a new one and fight it out on this lie if it takes all winter.

Lieutenant Thompson has recovered. [50]


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[51] Excerpt from "Local News." The Interior Journal, Stanford, KY. December 28, 1877. Page 3. LOC. http://chroniclingamerica.loc.gov/lccn/sn84038328/1877-12-28/ed-1/seq-3/

[December 28, 1877] -

THE KENNEDY TRIAL. -- Mr. Breck Jones arrived from Lancaster last night, and from him we learn that the whole of yesterday was occupied in the argument of the Kennedy murder case. Mr. W. O. Hansford opened the argument in a short but pointed speech of fifteen or twenty minutes; Judge Saufley followed in a very learned and telling argument of two hours and a half, and then the Commonwealth had her say in a speech by Watt Hardin, during which he greatly impressed the jury and won golden opinions from the people. Col. Hill spoke two hours, and as usual, made a most superior speech, and at its conclusion the Court adjourned till this morning. Hon. W. O. Bradley will speak for the defense to-day, and Charles Hardin, Esq., and Judge Denny will close for the prosecution and the case will be given to the jury. The general belief is, that a verdict of murder will not be returned but instead, one of manslaughter, for which the punishment will be a number of years in the Penitentiary. We understand that in case the jury hangs Judge Wickliffe will proceed to empannel another jury and try the case again, determined that it must be settled and stop the fearful expense to the Commonwealth now attending it. [51]







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[52] Excerpt from "Garrard County News." The Interior Journal, Stanford, KY. December 28, 1877. Page 3. LOC. http://chroniclingamerica.loc.gov/lccn/sn84038328/1877-12-28/ed-1/seq-3/

[December 28, 1877] -

Mr. Kennedy is being guarded in the Court-house. As time progresses and the gloomy weather continues the trial seems to attain a darker hue. The testimony for the defense is concluded, and the Commonwealth is now summoning up rebutting testimony, and sifting the character of Ebbert G. Kennedy as well as that of the witnesses for the defense. The argument will begin tomorrow. The ladies of the town are invited to attend. Crowds collect daily and everything is on the que vive. will give farther news as matters advance. [52]






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[53] Excerpt from "The Kennedy's." The Courier Journal, Louisville, KY. December 29, 1877. Page 2. Newspapers.com.

[December 29, 1877] -


The More Important Part of the Testimony Elicited at the Trial of Grove Kennedy.

Lancaster, KY., Dec 26. -- As telegraphed, the testimony in the cause celebre of  the Commonwealth of Kentucky vs. Grove C. Kennedy, for the murder of Elbert D. Kennedy, now going on here, was completed to-day. That the readers of the Courier-Journal may judge of the quality of the final result, when it comes, the following summary of the testimony is presented. That the reader may understand the real issue, I give a short review of the cause of the killing:

In 1871, John Henderson Kennedy, a brother of the accused, made a deed of trust to Elbert D. Kennedy, the deceased, for the benefit of his creditors. The trustee qualified, with John Y. Leavell as surety. In February, 1877, Grove Kennedy filed a petition in a suit against E. D. Kennedy and J. Y. Leavell, setting forth that the estate of J. H. Kennedy paid a pro rata of forty-five cents, and that whereas the petitioner, Grove C. Kennedy, was entitled to receive that per cent, on $900 that he had paid as surety for J. H. Kennedy, the trustee had paid him only twenty per cent on that amount. The trustee, E. D. Kennedy, in his answer, alleged that he had paid the petitioner more than his due, and made other allegations that greatly incensed Grove Kennedy. As will appear in the proof, E. D. Kennedy threatened to kill Grove unless the suit was withdrawn, and Grove threatened to kill E. D. Kennedy if he swore to the allegations contained in the answer. The two men were distantly related by blood, and Eb. was an uncle of Grove by marriage. Both were hot-blooded and violent. Up to this time they had been warm friends, and had even backed each other in many dangerous and lawless difficulties and enterprises. During the last February term of the Garrard Circuit Court Judge Owsley granted a rule against Eb. Kennedy to cause him to swear to his answer in the suit, and on the 20th of the month Eb. came in to answer to that rule, but it was discovered that Grove had not sworn to his petition. Both men were somewhat in liquor, and a personal difficulty ensued in the court-room. Grove drew his pistol, but the parties separated, Eb. going down on the street, and Grove following soon after and killing Eb. from the courthouse portico. This much having been given by way of introduction, the reader is ready for

THE TESTIMONY FOR THE PROSECUTION.

Court met last Tuesday week, Hon. J. C. Wickliffe, special Judge, presiding, and on Friday evening a jury was sworn and the examination of witnesses began.

Jos. Patterson testified -- Was coming up the street about 5 o'clock on Tuesday afternoon, Feb. 20[?], 1877, and saw deceased, Eb. Kennedy, talking to Sheriff Kirby on pavement in front of and to east of the north portion of court-house. Saw the accused, Grove Kennedy, standing behind the last pillar towards the east of the court-house portico, aiming a pistol at Eb., who was about fifteen feet off standing with his back to Grove. The Sheriff saw Grove and jumped back. Eb. turned his head to the right, and as he did so Grove fired, striking Eb. ont he right side of the face near the nose. Eb. fell, and Grove fired three more shots. Eb. was 62 years old.

G. W. Hunter, Marshal of Bardstown, testified to his capture of Grove.

Dr. Huffman. -- Examined the body of Eb. Kennedy. There was a wound under the right eye, near the [nose?], the ball having passed straight in and striking the base of the brain; one in right thigh, one in left hip, and one in heel[?]. He lived five or ten minutes after the shooting, but did not speak. Found no arms but small pocket-knife on the body.

Jo.[?] Petty -- I was about twenty-five yards off, and saw Grove shoot from behind the pillar, holding his pistol in both hands.

N. D. Wumot[?] -- I am a lawyer, and live in Rockcastle County. On the 14th of February was at Grove’s house, and heard him say if Eb. swore to certain allegations contained in the answer to his (Grove’s) suit against him, G-d d—n him, he would kill him.

J. W. Alcorn — Came down court-house steps with Grove after the difficulty in the court-room. He appeared to be intoxicated, and swore he would not be imposed upon. On coming out of the portico Grove but his hands together and stepped briskly forward to the right-hand pillar, remarking as he did so that he would allow no man to swear to a damned [?] on him. Eb. was standing out on the pavement. Grove stepped to the pillar, leaned forward and fired. Col. Kennedy fell at the first fire. Grove fired two or three times more, and I said, “Quit Grove, you have killed him already.” While coming down the steps Grove spoke regretfully of what had occurred between him and Eb. in the court-room.

Squire Richard Boyle. — Was in court-room and saw Grove and Eb. Kennedy at the Clerk’s desk. They were talking over some legal matter between them, when Grove drew a small pistol from his pants pocket, but Sheriff took it from him, and prevented further difficulty. The Judge ordered both parties to be disarmed, and Eb. said he was not armed, and threw open his coat before the Judge and asked to be searched. Grove was wear he could see and hear Eb. Grove sat down, and Eb. joined a circle around the stove. Grove got up and pushed in between Eb. and the stove, scowling at him as he did so. Eb. drew away from the stove and Sheriff Kirby took him by the arm and walked out of the court-house with him. As Eb. went out of the door Grove started to follow, but was called back by some one. In a short time Grove went out and immediately I heard the firing.

Adjourned.

SATURDAY.

Richard Boyle, recalled. -- Grove and Eb. were right together at the Clerk's desk when Grove stepped back and drew his pistol. Don't think Eb. moved toward him. Court was still in session, and there were about two dozen persons in the house. I did say Judge Owsley should have sent Grove to jail or taken other efficient steps to prevent the bloodshed. It was not over two minutes from the time Grove was called back from what I thought was his pursuit of Eb. until he went out and did the killing. Uncle Eb. exhibited no fear in the courtroom difficulty, but seemed glad to get away. It required no effort for the Sheriff to take him out.

Captain Singleton. -- I am Town Marshal. In the courtroom difficulty I first took hold of Uncle Eb., and Sheriff Kirby hold of Grove. Upon the order of the court and his own request I searched Eb., and found no weapons on him. When Grove jumped up and started to follow Eb. out of the court-house, I told him not to follow that old man; that he was unarmed, and I would as soon follow a granny woman. Grove saw me search Eb., and heard him say he was unarmed. Grove somehow got out without my seeing him, and the first I knew that he had left the jury-room I heard the firing.

Henry Spainhower[?] -- My attention was attracted by the first shot, and I saw Uncle Eb. lying on the street. He was not flat down at first, but was so before Grove stopped firing. Grove said as he turned off, "I will kill any man, or anybody," or something of the sort.

R. K. Conn. -- On Friday before the killing I heard Eb. propose to Grove to withdraw the suit from the courts and have it arbitrated, but Grove said, "No; I am to for it now and intend to see it through; I don't ask that much (indicating on a switch in his hand) of any man." On the day  of the killing Grove  remarked to me, "I intend to raise h--l in Lancaster as soon as the grand jury adjourns." Grove is a friend of mine.

Col. Faulkner, Circuit Clerk. -- The record shows that the grand jury was discharged only a little while before the killing; I was at the bank paying the members when I heard the shooting.

W. H. Be[??] -- On morning of killing heard Grove say he would like to see old Eb. swear to his answer; saying at same time, "I am no fighting man."[?]

M. H. Owsley. -- Am judge of the Circuit Court. I witnessed both the courtroom difficulty and the shooting in front of the courthouse. Uncle Eb. called to swear to his answer, but found out Grove had not sworn to his petition, so I continued the case until the next day and adjourned the court. I was still on the bench, however, when I heard Eb. speak in a sharp, angry tone, and saw Grove step back and draw his pistol. As I was in range I changed my position rather suddenly and ordered the parties arrested and disarmed, which was done. I took a seat down in the bar. Eb. came up, threw open his coat, and showed me that he was disarmed. I told them I won't put them under heavy bonds to keep the peace. I anticipated no further trouble. As I went down I caught up with Grove on the steps, and told him not to have any trouble with his uncle Eb. He merely replied, "Judge, I love you [?] than anybody." I stopped a moment at the door. I heard Grove say something about telling a lie, and upon looking around saw him, with a large pistol in both hands, standing at the pillar, aiming at someone, I could not see. I then saw Kirby jump back, and Grove fired three or four shots in rapid succession. I saw Eb. fall to the pavement. The Sheriff arrested Grove on the spot the grand jury was convened, and Grove indicted and held without bail. Up to the beginning of the difficulty the feeling between Grove and Eb. was peculiarly friendly; so much so, that Grove's zeal was often an injury to Eb. in his contests for office. Elbert Kennedy was an industrious man, of fine business qualifications, and when excited and in liquor, a very dangerous one. He was unreasonable in his animosities, but generous to his foes. He was my warm personal friend.

W. B. Mason. -- Am Deputy of Circuit Court. Saw Grove shoot from behind the pillar with a large navy pistol. Also witnessed the attempt of Grove to shoot Eb. in the court-room.

S. M. Peacock. -- Was one of the guard at the trial of the writ of habeas corpus sued out by Grove Kennedy, and, after the refusal of bail, started with him to the jail. There were about fifteen guards beside Sheriff Kirby, who walked with them near the front of the column. When we reached a point on the street opposite of the Jones House, saw Grove's wife and several other persons standing on the porch. Grove asked to be allowed to cross over and speak with his wife. Several of the guard said, "No! no!" but the column was crossed over. Grove's wife stood in the hall door. Grove threw himself as if to embrace his wife, received a revolver from her hands, put her between himself and the guards and sprang into the hall. Several shots were fired from the hall and several from the guard into the house. The guard surrounded the house. The Sheriff left, and after standing some time in the cold, the guard left.

Walter Eason. -- Am jailer. Was on opposite side of street when Grove escaped. Some one in the house shot at me; I think it was Dave Payne, of Crab Orchard. A number of Grove's friends were in the hall. The Crab Orchard crowd were here in force, and they all stopped at the Jones House. I feared Grove would be rescued from jail, and I had applied to the County Judge to send him to Louisville. It was at five o'clock when he escaped, and I understood he was to have been taken to Louisville the next morning.

Here the Commonwealth announced the completion of its testimony in chief, and court adjourned until Monday. [53]



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[54] Excerpt from "Local News." The Interior Journal, Stanford, KY.  January 11, 1878. Page 3. LOC. http://chroniclingamerica.loc.gov/lccn/sn84038328/1878-01-11/ed-1/seq-3/

[January 11, 1878] -

The Grove Kennedy trial ended as we predicted, in a hung jury. Our prophecy now, is, that at his second trial Grove will be acquitted. Those kind of cases never fail to run that way. [54]




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[January 11, 1878] -

Ten prisoners now view the snow clad street through the bars of our miserable jail. Three are charged with murder and the others with stealing. Besides these, Lincoln county is represented by two gentlemen charged with murder in the Louisville jail, and one with stealing in the Lebanon. Judge Owsley will have his hands full in April. [ibid (54)]




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[55] Excerpt from "Local Brevities." The Courier Journal, Louisville, KY. January 18, 1878. Page 4. Newspapers.com.

[January 18, 1878] -

Grove Kennedy came to the city [Louisville] yesterday, and last night at the weekly benefit concert at Bascom church created quite a sensation by appearing on the platform in the role of a temperance speaker. Mr. Kennedy said he was not prepared to make a speech, but was glad to have an opportunity to assure the audience that his sympathy and service were in the cause. He regarded the demon strong drink as the greatest enemy to human happiness, and as an illustration did not hesitate to refer to a little of his personal history, remarking in the close that had it not been for whisky he would not have been involved in the troubles he has suffered during the past several months. [55]



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[56] Excerpt from "Local News." The Interior Journal, Stanford, KY. January 25, 1878. Page 3. LOC. http://chroniclingamerica.loc.gov/lccn/sn84038328/1878-01-25/ed-1/seq-3/

[January 25, 1878] -

AN ORATOR. -- Mr. Grove C. Kennedy lectured at a Murphy Meeting in Louisville last week before an audience of 4,000 people, and the newspapers speak of his speech in complimentary terms. We hope Grove will continue faithful to the end. [56]




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[57] Excerpt from "Local and Personal." The Kentucky Advocate, Danville, KY. February 1, 1878. Page 3. Newspapers.com.

[February 1, 1878] -

We met Grove Kennedy at Lancaster, last Monday, and had a pleasant talk with him about his future. He assured us that he felt he was a thoroughly reformed man, and that he intended to lead a different life. He is warmly enlisted in the Murphy movement, and says he intends to use his influence on the side of [tempe]rance, and speak to the people whenever he think he can do any good. He expresses a grateful appreciation for the kind words of encouragement he has received from the moral and law abiding people wherever he goes. [57]




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[58] "Richmond." The Courier Journal, Louisville, KY. February 5, 1878. Page 1. Newspapers.com.

[February 5, 1878] -

RICHMOND.

Three Thousand People in Attendance Yesterday -- Prices of Stock Unprecedentedly Low -- Grove Kennedy Among the Visitors.

(Special Dispatch to the Courier-Journal.)

RICHMOND, Feb 4. -- This being the most important court day of the year, three thousand people were in attendance. There were many distinguished visitors, the famous Grove Kennedy among the number. There was a large amount of stock on the market. Cattle, mules and horses sold at unprecedentedly low prices. An immense banking business was done. Murphy principles prevailed, and consequently there was no drunkenness or disturbance. [58]



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[59] Excerpt from "Frankfort." The Courier Journal, Louisville, KY. February 18, 1878. Page 2. Newspapers.com.

[February 18, 1878] -

GROVE KENNEDY'S CAPTOR.

The Senate has recognized the services of Marshal Hunter, of Nelson county, in capturing Grove Kennedy last summer, in a most sterling way. The reward offered at the time by the Governor was $500. This amount Hunter claimed was expended by him in bringing Kennedy to justice. A bill presented by Senator Blackburn, allowing Hunter nearly $400 additional as a proper recompense for his work, was passed this morning without a negative vote. This is certainly a large feather in Hunter's cap. [59]



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[60] "Stanford." The Courier Journal, Louisville, KY. April 17, 1878. Page 1. Newspapers.com.

[April 17, 1878] -

STANFORD.

A Lively Time for the Circuit Court -- Six Murder Trials --- ...

(Special Dispatch to the Courier-Journal.)

STANFORD, KY., April 16. -- Circuit Court began here yesterday, Judge M. H. Owsley on the bench. There are thirteen prisoners in jail, and two more to be brought from Louisville to-day. Six of the number are charged with murder. The whole town is under arms, and twenty men with needle guns are constantly on guard. Although there was a circus in town this afternoon and night, there has been no disorder. Grove Kennedy is here as a quiet looker on. The mill is slowly grinding, and somebody is likely to swing. ... [60]



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[61] Excerpt from Column 1. The Interior Journal, Stanford, KY. April 19, 1878. Page 2. LOC. http://chroniclingamerica.loc.gov/lccn/sn84038328/1878-04-19/ed-1/seq-2/

[April 19, 1878] -

There is considerable indignation among the officers here at the refusal of Governor McCreary to furnish a company of Militia, when he was requested to do so by them. His response that he would send troops if any emergency should arise did not help the case much, as after the emergency had arisen there would be no time to wait for them to come from Frankfort and do any good here. There were much better grounds for Militia to be sent here than there were in the Grove Kennedy case. There then was only one man to try, against whom public sentiment was strong--here we have six murder cases. All have friends, and it happens that all who were friends of Kennedy; besides, legions of others, are interested in these cases. A negro, for the murder of Mr. John Engleman, a wealthy and influential citizen, and related to a majority of the people in the county, is on trial. His sons, relatives and friends feel very rightly a serious indignation against him, and there is considerable fear felt for his safety. A combination of the friends of the prisoners could be formed that would be a most formidable one, and one that strangers and well-drilled men could resist much better than men who know all the parties in the various cases. Besides the prisoners, the witnesses in some of the cases express great fears of their own safety,and a number of them are kept constantly under guard. We are not prepared to say that there will be any outburst, but there are sufficient grounds for the cautious to believe so, and, should any occur, and the majority of the law overthrown, Governor McCreary will stand in a most unenviable attitude. If troops were needed to guard Grove Kennedy, with one-tenth the number of friends and supporters that the prisoners here have, the Governor can give no reason whatever for not answering the call for assistance. [61]


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[62] Excerpt from Column 1. The Interior Journal, Stanford, KY. April 26, 1878. Page 2. LOC. http://chroniclingamerica.loc.gov/lccn/sn84038328/1878-04-26/ed-1/seq-2/

[April 26, 1878] -

We are in perfect harmony with the Frankfort Yeoman in regard to Governor McCreary's sending troops on every application, and that great discretion ought to be exercised in the premises. The only point we contended was, that if the troops were necessary to maintain the majesty of the law in the Grove Kennedy trial, they certainly were here, when the same men who were interested in his trial, and who were then feared, would be increased by scores of others, the murderers and the murdered being related to nearly half of the people of this county. It is true that Lincoln has shown a capacity to take care of herself, and we hope and believe she will, but there were grave doubts before the Court began whether she would be able to do so in the face of so strong a combination as could be formed. Many were of the opinion, our authorities among the number, that she could not, and this report was daily strengthened by rumors of attempt at rescue, threats and intimidation to officers and witnesses. We wanted to see the full vindication of the law, hence our earnestness in advocating the taking of every precautionary means to that end. [62]



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[63] Excerpt from "Local News." The Interior Journal, Stanford, KY. June 7, 1878. Page 3. LOC. http://chroniclingamerica.loc.gov/lccn/sn84038328/1878-06-07/ed-1/seq-3/

[June 7, 1878] -

TRIAL. -- The trial of Grove Kennedy for the murder of E. D. Kennedy, commences Monday, the 17th, at Lancaster.  Judge Wickliffe will preside. [63]



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[64] Excerpt from "Garrard County News -- Lancaster." The Interior Journal, Stanford, KY. June 14, 1878. Page 2. Newspapers.com.

[June 14, 1878] -

PERHAPS. Next Monday will begin the trial of G. C. Kennedy. [64]




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[65] Excerpt from "Garrard County News -- Lancaster." The Interior Journal, Stanford, KY. June 21, 1878. Page 3. Newspapers.com.

[June 21, 1878] -


OF COURSE THE JURY WILL HANG.

Preliminaries for the trial of Mr. G. C. Kennedy have been disposed of, the Judge and Counsel being in place. It is said that the prisoner discusses is plans for the summer with all the ease of a pardoned man. He probably judges the future by the past, and foresees the end from the beginning. [65]



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[66] Excerpt from "Kentucky News." The Courier Journal, Louisville, KY. June 27, 1878. Page 2. Newspapers.com.

[June 27, 1878] -

The Grove Kennedy jury is made up of five from Jessamine and seven from Lincoln. At the first trial there were eleven from Jessamine and one from Garrard. [66]


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[67] Excerpt from "Garrard County News." The Interior Journal, Stanford, KY. June 28, 1878. Page 2. LOC.

[June 28, 1878] -


KENNEDY TRIAL.

An unusual degree of interest is manifested in the "rehash" of the Kennedy trial which is in the midst of the argument. Judge Saufley's speech has been widely complimented; also Mr. Charles Hardin's. Thursday, Messrs. Wat. Hardin, Bradley and Denny, concluded the argument. A telegram or message may yet give your paper the verdict in time for press. [67]



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[68] Excerpt from Column 3. The Interior Journal, Stanford, KY. June 28, 1878. Page 3. LOC.

[June 28, 1878] -

THE KENNEDY TRIAL. -- Out of the 130[?] men summoned from this county, the remaining jurors in the Kennedy case were obtained last Friday, viz: Alex. Williams, E. A. Terhune, Alex. B. Owens, Z. Shackelford, W. J. George, Sam Flint and --- McIntosh. A hung jury is knowingly predicted, but in the doubtful event that a verdict of guilty is found, the defense, we learn, can fall back on the fact that McIntosh, who is an unnaturalized foreigner, was not a competent juror. The great interest manifested in the case at its last trial has greatly subsided and the people seem to have settled down on the hope that if Grove is acquitted he will continue to be the sober, inoffending citizen that he has proved himself while under bonds. [68]





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[69] "Grove C. Kennedy." The Courier Journal, Louisville, KY. June 29, 1878. Page 1. Newspapers.com.

[June 29, 1878] -


GROVE C. KENNEDY.

The Jury Find Him Guilty of Murder in the First Degree and Fix His Punishment at Confinement for Life in the Penitentiary.

(Special Dispatch to the Courier-Journal.)

LANCASTER, KY., -- June 28. -- The jury in the case of Grove Kennedy, after consultation since three o'clock yesterday afternoon, this morning rendered a verdict of guilty of murder in the first degree, and fixed the penalty at confinement in the penitentiary for life. The effect on the community was electrifying. Throughout the second trial there has been an absence of all excitement, or outward expression of feeling, either in the court-room or on the streets. The almost universal belief among the people that it would result as before, in a hung jury, kept down the interest felt, and rendered more startling the effect of the conviction. All day there has been a constant but quiet feeling of excitement manifested by the groups collected on the streets.

Nothing new was elicited in the testimony: the instructions were changed a little, it is alleged, in favor of the Commonwealth, from those given before. The trial was complete and exhaustive in its details. Nothing that could be done for the accused by his counsel was left undone. The arguments on bot sides were unusually eloquent and able.

The following are names of the jurors: W. B. Arnott, J. M. Hambrick, Joseph Shopman, Chas. W. Headley and James F. Metcalfe, from Jessamine; J. W. McIntosh, W. G. George, Z. B. Shakelford, Alex. Williams, A. B. Owens, John Flint and E. A. Terhune, from Lincoln.

Immediately after the reading of the verdict the prisoner was escorted to jail under a strong guard, summoned previously by order of the Judge, where he is now confined. Notice was given at once [...] application for a new trial would be made.

Court is still in session to allow time to prepare application. It is not known on what grounds it will be based. Kennedy and his friends were as entirely unprepared as the verdict as the public. Kennedy, however, received it without a murmur, a dead palor only indicating the integrity of his feelings. He followed the Sheriff to jail without a word or indication of resistance. Though there is but little apprehension of any attempt at a rescue, a strong guard will be placed in the jail to night and kept there till the prisoner is removed. [69]



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[70] Excerpt from "Harrodsburg." The Courier Journal, Louisville, KY. June 2, 1878. Page 1. Newspapers.com.

[July 2, 1878] -

GROVE KENNEDY.

Messrs. C. A. & P. W. Hardin have just returned from Lancaster, where they have been prosecuting Grove Kennedy. All efforts have failed to obtain a new trial the case will go to the Court of Appeals. Many of the leading citizens of Garrard sought and personally thanked the Messrs. Hardin for the valuable aid rendered in the prosecution of Kennedy. To their efforts belong in a great measure the credit of the verdict which was such a terrible surprise to Kennedy and his friends. [70]



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[71] Column 1. The Interior Journal, Stanford, KY. July 5, 1878. Page 2. LOC. http://chroniclingamerica.loc.gov/lccn/sn84038328/1878-07-05/ed-1/seq-2/

[July 5, 1878] -

The verdict in the Grove Kennedy case, which fixes his punishment for the killing of his uncle, E. D. Kennedy, at confinement in the Penitentiary during his natural life, took nearly every one by surprise, as it seemed a foregone conclusion that the jury would fail to agree. His attorneys had bouyed him up with assurances of acquittal, and when the verdict was read out by Mr. Metcalfe, the foreman of the jury, it fell like a thunderbolt on the ears of Grove Kennedy, whose face bleached to an ashen hue, as, perhaps, for the first time in his life he realized the terrible consequences that should, in all cases, follow murder. Outside of those immediately interested, and among those who love and reverse the laws of the land, there exists a general approval of the verdict, while deploring the terrible circumstances that led to its necessity. They feel for Kennedy and his family, but when the law has been outraged and twelve honest men name the way it shall be vindicated, they have no grounds to believe that their decision was otherwise than right and proper. It is not our province to sit in judgment on Grove Kennedy, but we are sure that red-handed murder has long enough held high carnival in this portion of Kentucky, and the sooner that class of individuals awake to the fact that the juries of the land intend that each crime shall meet its just punishment, just so soon will we be blessed with a stay of bloodshed, and our country return to the bright and glorious days of law and order. We want to see such days, therefore we hail with pleasure the signs which the action of this jury opens to our view. It shows that the people have at last awakened to the importance of the proper execution of the laws of the land, and we should honor that noble jury who did their duty, as they conceived it, unhesitatingly and in accordance with their oaths! We understand that Mr. Kennedy's attorney offered his Honor, Judge Wickliffe, eight or ten grounds for a new trial in the case, but he refused each one, whereupon they presented bills of exception covering some one hundred and twenty pages of foolscap, which were signed by the Judge, and the case will occupy the attention of the Court of Appeals, so  soon as it convenes in September. [71]


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[72] Excerpt from Column 5. The Interior Journal, Stanford, KY. July 5, 1878. Page 3. LOC. http://chroniclingamerica.loc.gov/lccn/sn84038328/1878-07-05/ed-1/seq-3/

[July 5, 1878] -

The long-drawn-agony has culminated in a yet greater calamnity for those most concerned, and Mr. Grove C. Kennedy is found guilty of murder. Little thought any on the mild February afternoon in '77, so memorable in our judicial annals, that the daring shots that sent a human soul unprepared on its final journey would convert the aggressor into a criminal, instead of a hero. Far be it from my obscure pen to move in judgment on an unfortunate fellow-creature, or assign causes for a perverted popular taste. But certain it is that at the time of the killing of Elbert D. Kennedy, few, if any believed that the crime would ever be punished. Bloodshed had seemed so easy and pardon so sure that the man who took another's life was involuntarily dubbed a hero. Unexpectedly to himself,Mr. G. C. Kennedy was, upon the occasion of the killing, refused bail and committed to the Lancaster jail. For safety a guard was placed about the jail, the reputation of the Kennedy clansmen being such that a mob of rescue was as much feared as a mob of vengeance. After a few weeks confinement, the prisoner again applied for bail, and a trial was granted for the purpose of deciding the question. Then came the startling and heroic rescue by his wife when, bail being refused, the prisoner was escorted back to the jail. The particulars of this episode were familiar to the public eye at the time. A few months of outlaw life, hunted and driven, were scarcely more comforting than imprisonment; and finally the Governor's reward tempted a man who was bold enough and persistent enough to arrest the prisoner. Then followed the weeks of durance in the Louisville jail, where he was treated with marked leniency and favor. His name was so often prominent in the Courier-Journal that the getting of a Kentucky jury was but a proof that at least twelve men do not read the papers. February came on in due time and brought the period of trial at Lancaster, Judge Wickliffe, of Bardstown, being appointed to the bench. Our own Judge happened to be a witness to the killing, and could not preside. The trial was invested with a decided tinge of romance, as the ladies filed into the Courtroom and the bayonets of the McCreary Guards surrounded them. Lancaster wore a gala dress in private circles, and the grey coats and reporters were feasted and toasted. The same favoritism that had honored the prisoner thus far continued here, and he was permitted to sleep int he Courtroom instead of the narrow cell at the jail. At length, after much learned arguing, the jury failed to make a verdict. Another trial was set for June, and during the probation Mr. Kennedy has walked the earth without fetters. He identified himself with the Murphy Movement, and has mingled with his fellow men in social and public life. So firm was the almost universal conviction that the new jury would also hang, that very little interest was manifested in the late proceedings. Several of the speeches were not so good as the former efforts, while the remainder were very fine, and indicated at once that the case was much stronger for the Commonwealth than before. The family of the prisoner were with him, and he maintained a composed demeanor throughout. He evinced no uneasiness or apprehension, but was buoyed up by his counsel. On Thursday at 4 o'clock the case was committed to the jury, with the injunction to report at once if the verdict should be of acquittal, or if no verdict were rendered. Otherwise, to withhold it till Friday morning at the ringing of the bell. The prisoner begged hard to be spared confinement in jail, and when told such was the law and it must be obeyed, he exclaimed with an oath, "That will put me to drinking again." Still lenient, the Judge allowed him to come forth two hours before the ringing of the bell next morning. The verdict of Penitentiary, for life electrified the community and fell with shock upon the stout nerves of the prisoner. A bystander reported that his only words were, "My poor family!" Others that the color receded from his cheeks. For three days he was strongly guarded, although no positive apprehensions of rescue were entertained. The lamentations of his devoted wife was most painful to hear, and altho' there is a feeling of relief that at last Garrard is trying to retrieve her character for crime and lawlessness, still a gloom hangs over the spirit when mercy, however sentimental, steps into the chair of justice. Mr. Kennedy was conveyed to Richmond on Monday afternoon after his sentence was pronounced. The latter has been adversely criticised as lacking dignity, pathos and length. It was expected that the Judge would say something rather more impressive upon such an occasion. At Richmond the Lancaster guard took leave of their prisoner, whose entree into town was greeted by crowd of the curious. He was affected at the parting. Thus he is left, a prey, doubtless, to desperate thoughts and bootless resolves. If his name has been too freely handled, his -- not ours -- the blame. The minor incidents of the trial are numerous, and would make a graphic letter.  SAPPHO.  [72]
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[73] "Advance in Kentucky Sentiment." The Courier Journal, Louisville, KY. July 8, 1878. Page 1. Newspapers.com.

[July 8, 1878] -

"Advance in Kentucky Sentiment."

(Springfield (Mass.) Republican.)

The conviction of Grove Kennedy, one of the most notorious cut-throats in the State, marks a real advance in Kentucky sentiment. Though guilty of several murders, this criminal long defied the authorities to arrest him, and his sympathizers were so strong and open that on his first trial a few months a go a military company had to remain on duty at the court-house to prevent a threatened rescue. But the interval has worked a great change in public feeling. At the second trial, to which some errors in the first entitled him, the community stood ready to support the authorities, there was no need of military force, and Kennedy was found guilty. The Courier-Journal is justified in taking heart at so gratifying a revolution in public sentiment, for which it has earnestly labored. [73]




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[July 12, 1878] -

One of the handsome things that the Somerset Convention can, and ought to do, will be to endorse and recommend P. W. Hardin, Esq., of Mercer, for Attorney General. He is admirably fitted to fill the office, for, as a prosecuting attorney he has but few equals. His able speeches in the Grove Kennedy case won for him a great number of friends in this vicinity. [74]






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[July 19, 1878] -

PRISON WALLS IRKSOME.

During a recent visit of a few hours to Richmond, on the occasion of the funeral of Mr. W. Jason Hawkins, I heard the prison life of Mr. G. C. Kennedy freely discussed. Many seem to regard this unexpected confinement as the "straw that breaks the camel's back." [75]



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[July 26, 1878] -

"Kentucky has had a tardy and singular triumph of justice. Grove Kennedy, a desperado, committed murder, and defied any body to interfere with him. He appeared at one of the most fashionable watering places in the State, so inert was the sense of justice in the community. The Governor, after his attention had bee called to the case by the newspapers, resolved to see whether the law could be enforced. He sent a detective officer, who, by a stratagem, arrested Kennedy, and hurried him to Louisville. There being no assurance that the local officers would prevent a rescue, the Governor returned the prisoner to Court having jurisdiction to try him escorted by a company of the State guard. This militia company had to remain on duty during the trial, and maintain the majesty of the law at the point of the bayonet. The trial miscarried so that a new trial was ordered. This time Kennedy was convicted an[d] sentenced to imprisonment for life."

We copy the above from the New York Christian Observer, to show the notoriety of the Kennedy case. It is safe to say that no other case has created a greater or wider interest than his, and there is a general expression of congratulation to Kentucky at his conviction. [76]





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[July 26, 1878] -

TO THE PUBLIC

W. F. Kennedy Speaks a Word for his Brother Grove.

In justice to humanity I ask the people to read a short article concerning my brother Grove Kennedy. He is powerless, his enemies are at work constantly, and not satisfied with the result of his trial recently, they now try to traduce him by slander, by misrepresentation and lies. Grove Kennedy is my brother, reared by the same parents, who are now broken-hearted at the sentence pronounced on him. We have loved each other from boyhood; not as hyenas - as the Kennedy family has been spoken of, but as men who have souls, and are willing to do for each other as much as any brothers who ever lived. There are many guests at Crab Orchard Springs, and it is natural that they ask questions concerning a man whose name has been before the public as much as my brother's. They get answers to these questions that are not complimentary to my brother, nor are they any ways relating to truth. One says Grove Kennedy instructed his children to kill Judge Denny -- the prosecuting attorney, as soon as they could shoot true to a mark; this is a base falsehood, and hardened would be the heart of a person who could fabricate such, had that person witnessed the parting scene when my brother bade farewell to his devoted wife and six little children. He made his will in a few words: "I want Eliza to have my horse, Willie to have my watch, and to his wife he gave his money," telling his children to be good children, and his whole being was almost convulsed with grief, but he never made a single threat against any one.

Some say my brother has gone to hard drinking; another falsehood; he is perfectly at himself, but the most dejected man, the saddest man to be found. I have not been able to leave home long enough to visit him as yet, but I hear from him every day or two, and every one says Grove is well, has many friends, but a very said man. Another falsehood now in circulation, is this: Grove Kennedy dared Judge Denny to prosecute him, saying to his face, "you are a coward and dare not prosecute me." This is given as the reason why that Attorney was so bitter in his invectives, and went outside of the record and the testimony to reflect upon the character of the defendant, and of his family and friends. Nothing of the kind ever occurred. Not one unpleasant word was ever spoken by Grove to, or about the prosecuting attorney. Whatever may be his faults, my brother is not an idiot, and his conduct since the first trial has been so prudent, circumspect and irreproachable in every regard, as to have excited the favorable comment of an entire country.

Respectfully, W. F. Kennedy. [77]



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[July 26, 1878] -

At the request of Mr. W. M. Kennedy, we publish a card in another column denying some of the reports that are current in regard to his brother Grove. So far as the card relates to Judge George Denny, Jr., we are confident from our knowledge of the man, that he attempted to serve no private ends in his prosecution of Grove Kennedy, but was actuated by a high sense of the interests of the Commonwealth, which he had sworn to protect. He is an honest and fearless Attorney, and as such, deserves the praise of the people of his District. [78]





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[September 27, 1878] -

The Grove Kennedy case was argued before the Court of Appeals on Tuesday by C. A. Hardin, Esq., for the Commonwealth, and on Wednesday by Hon. W. O. Bradley, and submitted, but the decision has not yet been announced. [79]





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[October 4, 1878] -

The Kentucky press eloquently applauded the recent effort of W. O. Bradley before the Court of Appeals to set aside the verdict against Grove C. Kennedy. [80]



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[October 11, 1878] -

GROVE HOPEFUL.

Sheriff Joplin informs us that he talked with Grove Kennedy, at Richmond, last Saturday, and he was in good spirits, expressing himself confident of a reversal of his case by the Court of Appeals. [81]




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[October 16, 1878] -




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[October 18, 1878] -

REVERSED. -- The Court of Appeals has reversed the decision of the lower court, and Grove Kennedy gets a new trial. This will cause considerable surprise to those not acquainted with the facts in this case, but the reasons offered by the defense were of such a nature that the Court could hardly do otherwise than reverse, notwithstanding the justice of the sentence to the Penitentiary for life. The question decided by the Court was not as to Kennedy's guilt, but as to whether he got a fair and impartial trial by an unbiased Court and jury. It is very unfortunate for the Commonwealth that the defense got the grounds it did, for the reversal offers but little encouragement to juries who are disposed to do their sworn duty. It is almost as easy, however, for a camel to go through the eye of a needle as to punish a man with money and influential friends to back him. If it is not a hung jury it is something just as bad, and it is a shame that it is so. Kennedy will remain in jail till the time of his trial can be fixed, which will probably not be sooner than next Spring. [83]



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[October 29, 1878] -



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[November 1, 1878] -

The Court of Appeals has done itself no credit by reversing the decision of the Garrard County Circuit Court, sentencing Grove Kennedy, the "eminent murderer and distinguished outlaw" (as Artemus Ward would call him) to the Penitentiary for life, and remanding the case back for another trial. Right or wrong, almost the entire body of the law-abiding people of Central Kentucky believe that the sentence of the Garrard Court was, if any difference, a rather lighter punishment than so flagrant, insolent and atrocious a criminal deserved. The whole State will be shocked by the intelligence, for, as a general rule, a new trial in such cases means absolute impunity for the criminal by acquittal, pardon, breaking jail, forfeiture of bail or escape in some one or other of the many forms possible to the ingenuity of lawyers, favored by the lapse of time and the gradual dying out of public interest in the case. --(Dollar Democrat. [85]



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[November 15, 1878] -

Comments on the Grove Kennedy Case.

The judges and lawyers say that criminals escape punishment because the juries clear them in spite of damning testimony against them. Unfortunately, this is too frequently the case, but the skirts of the courts themselves are not clear. Grove Kennedy, a notorious murderer, of whose guilt not even a driveling idiot can have a doubt, was sentenced to the Penitentiary by a jury which ought to have sentenced him to the gallows, and the Court of Appeals has granted him a new trial on technical grounds, and he will be cleared next time. This is not the only case of the kind by a good many, either. --(Winchester Sun. [86]




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[November 15, 1878] -

The trial of Grove Kennedy in the Garrard Circuit Court last Summer for the murder of his uncle excited no little interest throughout the Commonwealth. Grove was regarded as a representative man of the outlaws who have brought such disgrace upon that region during the past few years, and all men interested in law and order were anxious to see him punished if really guilty. He was sentenced to the Penitentiary for life, but the Court of Appeals some two weeks ago reversed the judgment of the Circuit Court and gave him a new trial. We have heard many comments on this action of our appellate court, but in very few instances has the blame been laid at the right door. The Commonwealth's Attorney was so anxious to convict that he went beyond the law, and the judge of the lower court allowed him a latitude which if sustained would jeopardize the life and liberty of innocent men. Much as we desire to see crime punished, it is better than ninety and nine guilty men should escape than that one innocent man should be convicted. The law, to be worthy of respect, must be fixed and certain, and it is the highest duty of the courts to see that it is applied to every case alike, without reference to popular feeling. Grove Kennedy may escape by staving off a trial until witnesses die or move away, and lawlessness may be encouraged by the fact that he is not punished, but it would not be the fault of the law, and good citizens will have no cause to be distressed because a vicious precedent has been established that might at any time be used to ruin an innocent man. --(Winchester Democrat. [ibid (86)]



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[December 6, 1878] -

GROVE KENNEDY. -- The third trial of Grove Kennedy for the murder of his uncle, E. B. Kennedy, will be called by Judge Wickliffe, at Lancaster, some time during the latter part of this month; but we understand that his counsel will apply for a change of venue to some neighboring county, not including Lincoln or Boyle, to both of which objections will be made. It is not probable, in the event that the case goes to another county, that it will be tried much earlier than Spring. [87]




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[December 13, 1878] -

KENNEDY. -- The third trial of Mr. Grove C. Kennedy has been appointed for Thursday of the present week. The progress of the affairs can not be incorporated in this report because of the absence of the writer from the scene of action. A change of venue is being discussed. [88]




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[December 13, 1878] -

GARRARD COURT MATTERS. -- Your correspondent paid Lancaster a visit this week. Matters were quiet in that historic town. The approaching trial of Grove Kennedy excites no interest whatever, as it is expected that a change of venue will be obtained. [89]



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[December 13, 1878] -

An officer and guard went up to Richmond yesterday to escort Grove Kennedy to Lancaster, where he will appear before Judge Wickliffe to-day to apply for a change of venue. By-the-way, the Police Gazette has an excellent picture of "Kentucky's Distinguished Outlaw." [90]



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[December 18, 1878] -

Grove Kennedy's case will be taken to Rockcastle county on cha[n]ge of venue. [91]



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[December 20, 1878] -

COURT MATTERS. -- Quarterly Court last Monday. The day was cold and dark and dreary. Mr. Grove C. Kennedy's counsel made application for a change of venue, whereupon an animated discussion ensued as to the counties under consideration. Rockcastle was at length decided upon, and Tuesday after the third Monday in June, '79, will see the beginning of the third trial of this somewhat remarkable case. Application was then made for bail, which was granted in the sum of $6,000, and the prisoner released. [92]





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[February 21, 1879] -

Will Saunders and others, for assisting Grove Kennedy to escape a year or two ago, obtained a change of venue to Rockcastle. [93]






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[April 25, 1879] -

NOT TRUE. -- The report that Grove Kennedy had fled, arose, perhaps, from two reasons, the hope that he had, and the general impression that his bail bond as taken, was worthless. As to Judge Wickliffe's right to call a Special Court outside of the District to which he had been appointed, the lawyers all agree that he had none, and that the Court that he fixed for June, will not be held; but there is no question that he had the right to take the bond, and the Court of Appeals has decided that a bond is good till the regular term of Court, if there was no law for the holding of a special term. It is passing strange, that Judge Wickliffe did not take the time, if he was ignorant of the law, to inform himself on the subject, so that there could be no doubt or illegal proceedings in this important case. The ability of Grove's bondsmen to pony up the $6,000 bail, if it should be forfeited, is, we learn upon investigation, almost unquestionable, as one of them alone, is good for the full amount. [94]



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[June 20, 1879] -

PRESENT, BUT NO COURT. -- Grove C. Kennedy was in town [Mt. Vernon] Tuesday, read for a trial of the case of the Commonwealth against him, which, it will be remembered, was brought here by change of venue from the Garrard Circuit Court. Judge Wickliffe, of the 7th District, who sent the case here and ordered it to be tried at the time stated, the 17th, did not put in an appearance. It seems that he was only commissioned a Special Judge of the Garrard Circuit Court, and hence could not follow the case to this county. No order was ever made in this court calling a special term, and no notice was ever given of such term. Finding that there would be no trial, Mr. Kennedy returned home, announcing it his intention to appear here again at the regular September term. [95]





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[September 5, 1879] -


There are several cases of murder on the Criminal docket, the most important of which is the well-worn case of the Commonwealth vs. G. C. Kennedy. [96]



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[September 26, 1879] -


The case against Grove C. Kennedy is set for the 9th day of the term. [97]




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[October 3, 1879] -

Hon. Chas. A. Hardin, candidate for the Circuit Judgship in the Mercer district, passed through town [Danville] on Tuesday, en route to Mt. Vernon, to prosecute Grove Kennedy. [98]



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[October 3, 1879] -


On Wednesday the case of the Commonwealth vs. Grove C. Kennedy, was called, and continued by consent of parties. An order was made calling a special term of the Court to begin the 3rd Monday in January next, said term to be held for the trial of the Kennedy case. [99]



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[October 3, 1879] -


CONTINUED. -- It is exceedingly hard to bring a man to trial when he is out on bail, especially if the crime charged is murder. Grove Kennedy has gotten another continuance, and will get as many more before the case goes before another jury. [100]




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[January 16, 1880] -

We expect an influx of visitors, attorneys and witnesses in the Grove Kennedy case next week. It will be a good time for the hotel-keepers and the quinine vendors. [101]


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[January 16, 1880] -


Next Monday the Special Term of the Rockcastle Circuit Court, called for the trial of the celebrated case of the Commonwealth vs. Grove C. Kennedy, will begin at this place [Mt. Vernon]. It is thought that both sides will be ready for trial, and it is hoped for the good, both of the Commonwealth and of Mr. Kennedy that the result of the approaching trial will finally determine the prosecution. [ibid (101)]




---

[January 23, 1880] -


Besides his local counsel, the following gentlemen were here, this week, defending Grove Kennedy in the case of the Commonwealth against him: Messrs. R. M. & W. O. Bradley, of Lancaster, and Cols. T. P. Hill and W. G. Welch, of Stanford. The attorneys present were: Geo. W. Dunlap, Judge M. H. Owsley, Geo. W. Dunlap, Jr., W. D. Hopper, B. M. Burdett, J. T. McQuerry, H. C. Kauffman and Jas. A. Anderson, of Lancaster, and Jas. W. Alcorn, of Stanford. [102]





---

[January 23, 1880] -

On Monday morning a special term of the Rockcastle Circuit Court called for the trial of the case of the Commonwealth against Grove C. Kennedy, convened at this place [Mt. Vernon]. His Honor, Judge W. H. Randall, and Mr. J. H. Tinsley, Commonwealth's Attorney, were both promptly on hand. At the calling of the case both sides announced themselves ready for trial. Thereupon the attorney for the Commonwealth produced and filed the affidavit of Ben F. Slavin, stating that "owing to the undue influence of the defendant over W. H. Albright, Sheriff of the county, said Sheriff would not summon a fair jury in the case." The Sheriff was removed by the Court, and after much discussion and wrangling by the attorneys pro and con, H. H. Baker and G. H. Albright were selected to summon one hundred men from whom a jury was to be selected to try the case. The special Sheriffs were sworn and were sent forth to perform their duties, and the further consideration of the case was postponed until Wednesday morning. Wednesday came, and with it came the one hundred jurors. The lists containing the names of the jurors summoned were examined by the attorneys for the defendant, and the examination disclosed the fact that while Mr. Albright had summoned impartial men, Mr. Baker had secured a crowd, a majority of whom were well known to be unfriendly to Mr. Kennedy or any other man who voted the Democratic ticket. Defendant's counsel then offered to discharge the panel summoned and to order a new panel. This was refused by the Commonwealth. Defendant's counsel then offered to dismiss the panel summoned and to have a jury brought from Laurel or Pulaski, which offer was also refused. They also offered to change the venue of the case to any other county, which was refused. It had leaked out that there are two factions in the county, one of which is friendly to and the other very much prejudiced against Mr. Kennedy. Counsel for the Commonwealth stated that there had been a scramble for one or the other of these factions to control the jury, ad that as they held a "pat hand" in the lively game of chance, they refused to make any agreements. After a long and earnest consultation among the attorneys, resulting in no satisfactory arrangement, the defendant filed affidavits disqualifying his Honor, W. H. Randall, from presiding as Judge in the case. Judge Randall vacated the bench, and no election for special Judge was held. The Clerk certified the facts to the Governor and asked for the appointment of a special Judge. Judge Randall then, against the objections of the defendant, adjourned the further consideration of the case until Monday morning next at 11 o'clock, and discharged the witnesses and jurors until that time. The dead lock caused considerable comment but no excitement. It is generally conceded that the removal of the Sheriff was without any cause whatever, except to secure a jury who would be packed to convict, and it is also further conceded that the removal of Judge Randall was not made because of any real complaint against him, but simply that the defendant might escape conviction by a packed jury. Thus endeth the first chapter in the history of the prosecution in Rockcastle county which might well be called the bad beginning of a second book. I have endeavored to narrate the facts, and am in full sympathy with the expression: "Let Justice be done through the Heavens fall." [ibid (102)]


---

[January 23, 1880] -

The K. K. K.'s. -- We learn from a gentleman that just returned from Mt. Vernon that there does not exit so much of a Democratic feeling for or a Republican feeling against Grove Kennedy as there is of a Ku-Klux and anti-Ku-Klux sentiment. If a Ku-Klux jury is obtained an acquittal is assured, while if an anti-Ku-Klux tries the case they will convict, no matter what the evidence. Can't the Governor step in, stop the foolishness and cut off the tremendous expense? [103]





---

[January 30, 1880] -


Judge Samuel DeHaven, of LaGrange, Judge of the 17th Judicial District, and who was commissioned by the Governor as special Judge to try the case of the Commonwealth vs. Grove C.. Kennedy, in place of Judge Randall sworn of, arrived in town Saturday evening. He opened his Court Monday morning. The prosecution having announced "ready," defendant asked till Tuesday morning to respond, which was granted him. On Tuesday the defendant filed affidavits for a continuance because of the absence of several important witnesses in his behalf. A continuance until next Monday was granted him, the Court announcing that he must try at that time. Judge Randall and Commonwealth's Attorney Tinsley left for home Tuesday evening. Mr. Tinsley will return Monday. [104]




---

[January 30, 1880] -


SCARED. -- It is said that Grove Kennedy and his counsel are alarmed at the course that matters have taken in regard to the trial, and seem to think they have swapped the devil for the which in the matter of Judges. Judge DeHaven says that the case must be tried at this term of his Court and he looks like a man who means what he says. We wish Mr. Kennedy a fair trial, and whether the result be an acquittal or a conviction, we will rejoice to know that this expense case is ended. [105]




---

[February 6, 1880] -


Mrs. W. F. Kennedy, of Crab Orchard, was here Thursday during the argument in the Grove Kennedy case. [106]




---

[February 6, 1880] -


On Monday, the special Court, Judge Samuel DeHaven, of LaGrange, presiding, called for the trial of the case of the Commonwealth against Grove C. Kennedy, convened at this place. Both sides being ready the selection of a jury was begun, which resulted in the acceptance of the following persons as jurors: John Melvin, Flem. Jones, Osborn Coffee, John McCollum, Elisha Mullins, Colby Hays, John Sowder, John Pennington, J. J. Bloomer, John A. Anylin, Dan'l Bloomer, Fried Spiers. On Tuesday morning the jury being complete the taking of testimony begun. Both sides concluded their evidence Wednesday evening, and the argument of counsel began Thursday morning. It is expected that the case will be given to the jury by noon to-day (Friday.) The street talk is that the result will be a hung jury or an acquittal, with the probabilities in favor of the latter. [107]





---

[February 6, 1880] -


CHANCES OF A HUNG JURY. -- It is said about the same case has been made against Grove Kennedy this time as at the other trials, and knowing ones predict a hung jury. It is thought that the end will be reached to-day. [108]




---

[February 6, 1880] -


The railroad employees came out on Monday in full-dress uniform looking gay. There was a large crowd on the platform, including a number of the witnesses in the Grove Kennedy trial. An old darkey in the crowd stood eyeing the boys in blue, and remarked. "Does dey hab to carry sojers to Mt. Vernon to 'fend Mr. Kennedy?" "You's a fool," says darkey No. 2, "dem's no sojers, de..'s whats left of a busted up band dat blonged to a circus." [109]






---

[February 6, 1880] -

Mt. Vernon. 

THE CASE OF GROVE KENNEDY IN THE HANDS OF THE JURY. 

(Special to the Courier-Journal.)

MT. VERNON, Feb. 5. -- The evidence pro and con. in the case of the Commonwealth against Grove C. Kennedy was closed yesterday, and the arguments of the counsel concluded at a late hour this evening. The lawyers who made arguments were Glen. P. W. Hardin and J. P. Tinsley for the prosecution, Col. T. P. Hill and Hon. W. O. Bradley for the defense. While all the speeches are pronounced good, that of Mr. Bradley had created unusual comment. It is generally conceded that he made to-day the finest speech of his life. He completely electrified the large audiences in the court room and brought the jury to tears in his remarks on the law of self-defense. From the street talk to-night, I am convinced that the result will be a hung jury, or an acquittal. [110]



---

[February 13, 1880] -

TWENTY-ONE YEARS. -- The jury in the Grove Kennedy case, at Mt. Vernon, brought in a verdict of "guilty of manslaughter" and fixed his punishment at twenty-one years in the Penitentiary. Kennedy's counsel made motion for a new trial which was overruled. They then prepared a bill of exception and the case was taken to the Court of Appeals. On Saturday, Kennedy, in charge of a strong guard, was taken, via this place [Stanford], to Richmond, where he will be confined until the decision of the higher Court. [111]





---

[February 13, 1880] -


After the worry, bustle and confusion of the Kennedy trial, our citizens have enjoyed a few days of peace and quiet that have been wonderfully refreshing.

The jury in the case of the Commonwealth vs. Grove Kennedy, retired for deliberation last Thursday evening. At an early hour Friday morning Judge DeHaven was notified that they had agreed to a verdict. The prisoner was brought to the bar of the Court and the verdict was read. It was as follows: "We of the jury find the defendant guilty of manslaughter, and fix his punishment at confinement in the penitentiary for 21 years." A motion for a new trial was made by Mr. Kennedy's counsel, which was over-ruled. A bill of exceptions was then prepared and the Appellate Court will again inspect the papers in this celebrated case. The prisoner was removed to Richmond where he will remain until the decision of the Court of Appeals is obtained. Judge DeHaven left for home Saturday morning. He impressed every one favorably by the dignity and ability with which he presided. He is prompt in his rulings and the manner of his decision is impressive. [112]




---

[February 27, 1880] -

The Somerset Reporter thinks it probable that Grove Kennedy is laughing in his sleeve over the verdict of the jury with a pardon in his pocket. And why not? Our good-hearted old Governor pardoned Grove's brother and brother-in-law before conviction of two murders as bad as that of which Grove has been twice pronounced guilty, and we see no good reason for showing partiality in the distribution of pardons among the members of a family that is credited with fourteen murders and suspected of several more. What says the mercy committee, "composed of all the physicians in the House and Senate?" Grove is said to be the only Kennedy that ever went to jail, and there is no justice in making him the scape goat for all the sins committed by the tribe. Let those who once listened to his teachings on temperance and mercy circulate the potent petition and have Grove pardoned in time to lead the German at the next Crab Orchard ball. -(Bowling Green Intelligencer. [113]






---

[April 9, 1880] -



---

[April 21, 1880] -


A Very Hard Case.


The Court of Appeals has affirmed the decision of the Rockcastle Circuit Court, sentencing Grove Kennedy to confinement in the penitentiary for twenty-one years, for the murder of his cousin and his wife's uncle, Elbert Kennedy, Master Commissioner and ex-Clerk of the Garrard Circuit Court. Kennedy has had three trials, the first resulting in a hung jury, the second in a life sentence to the penitentiary, and the third in a sentence for twenty-one years. -- Intelligencer. [115]




---

[April 23, 1880] -


NO PARDON. -- Cols. T. P. Hill and W. G. Welch, of counsel for Grove Kennedy, went to Frankfort last Friday to intercede with Gov. Blackburn for the pardon of their client, but we understand that after patiently hearing them through, he told them that it was always painful to refuse a plea of mercy and that he was sorry for those upon whom Grove's punishment would fall the heaviest, but being pretty well acquainted with the facts in the case, he could not and would not pardon him. This settles the matter as there is no further hope from the Courts, and Grove must pay the penalty for his sin. [116]






---


[May 7, 1880] -

Governor Blackburn has refused to pardon Grove Kennedy. [117]



---

[May 28, 1880] -


Is Grove Kennedy too nice a man to go the Penitentiary? and is Blackburn fixing to pardon him? He joined the church last week, and was a Murphy before. Will these attone for all his sins? [118]






---

[June 4, 1880] -


FOR TWENTY-ONE YEARS. -- Grove Kennedy was taken to the Penitentiary Friday last, by Deputy Sheriff Albright, of Rockcastle, and one guard. His proud spirit must be broken when two men can handle him. He once got away from twenty-five men and a Sheriff, all armed to the teeth. [119]



---

[August 5, 1883] -


FRANKFORT, Aug. 4. -- Grove Kennedy, who was pardoned by the Governor this morning, left immediately for his home at Lancaster. During his stay in the penitentiary he has not done laborious work, having been appointed chef of the kitchen. In this capacity he has always been faithful and obedient and has made an excellent prisoner. It is thought that he will hereafter prove a good and useful citizen of his county. [120]



---

[August 6, 1883] -


Before Grove Kennedy left the prison he told a gentleman that after he received his pardon he intended to go to his former home in Lancaster and sell out, lock, stock and barrel, and remove to a country where the people were more disposed to encourage him in his efforts to reform rather than provoke him to despair and desperation. He said that since his imprisonment he had been brought to repentance for his crime, which were altogether the effects of liquor, and that if the people would only take his word for it now, and give him a chance to redeem himself in their estimation, they would fine his future blameless of intoxication or a violation of the laws, and solely devoted to the joys and comforts of his home and family. [121]




---

[August 7, 1883] -


PARDONED. -- Grove Kennedy, after a sojourn of about 3 years in the Penitentiary for killing his uncle, Eb. Kennedy at Lancaster in 1876, passed up Saturday to his home, a free man, Gov. Blackburm having pardoned him. He is looking well and has aged by little during his confinement. 


It may be generally known, but it appears to be a fact that Blackburn made Grove Kennedy a Colonel at the same time he set him free. It is now "Col. Kennedy, be Gawd, sir." [122]





---

[August 10, 1883] -

HISTORY. -- The Advocate is away off in the Grove Kennedy business when it says he was sent to the penitentiary in 1876. The fact is the crime for which he was partially punished, was not committed till Feb. 20th 1877, when he show down his uncle Eb. Kennedy as he was coming out of the Garrard Court-house. For the benefit of those who have forgotten the facts and for those who are not acquainted with them we give the subsequent history of this noted case. Immediately after the killing referred to, Kennedy was arrested and lodged in jail. A short time afterwards he applied for bail and on it being refused he escaped from 25 guards and for months played very successfully the role of the bold outlaw, enjoying himself at Crab Orchard Springs and other places of amusement and pleasure, till October 27th following when Marshall Hunter and posse took him in as he was coming out of his father's stable. He was immediately taken to the Louisville jail, where he remained till Dec. 18th, when Judge Owsley being disqualified by reason of his being a witness of the killing, Judge Wickliffe, having been appointed special judge, called the case at Lancaster. Grove was guarded by a detachment of the State troops and after a somewhat lengthy trial the jury reported that it was unable to agree and was discharged. The prisoner was then admitted to a bail int he sum of $6,000. In June 1878, another trial was had before Judge Wickliffe in Lancaster and to the surprise of Grove and his friends a verdict of confinement in the penitentiary for life was brought in. The court of Appeals reversed this verdict and Kennedy was again allowed bail. In the following December, the third trial of the case was called but a change of venue was sought and obtained to Rockcastle county and the trial set for June 1879, but there was no judge to try it and it went over till the September term. Then Judge Randall was sworn off and the Governor having appointed Judge DeHaven, a special judge, the case was finally called on the 3d Monday in January 1880 and on the 6th of February a verdict of 21 years in the State prison, was brought in. His counsel again appealed and Grove was sent to the Richmond Jail for safe keeping. The Court of Appeals affirmed the decision of the Rockcastle Court April 9th and on May 28th, 1880, he was taken to Frankfort and lodged in the penitentiary, where he conducted himself in a very becoming manner, for three years, two months, and nine days, when Gov. Blackburn on the 4th August 1883 pardoned him. [123]




--------------- SOURCES -------------------


[1] Excerpt from "Garrard County News." The Interior Journal, Stanford, KY. February 23, 1877. Page 2. LOC. http://chroniclingamerica.loc.gov/lccn/sn84038328/1877-02-23/ed-1/seq-2/

[2] Excerpt from "Local News." The Interior Journal, Stanford, KY. February 23, 1877. Page 3. LOC. http://chroniclingamerica.loc.gov/lccn/sn84038328/1877-02-23/ed-1/seq-3/

[3] Excerpt from "Garrard County News." The Interior Journal, Stanford, KY. March 2, 1877. Page 2. LOC. http://chroniclingamerica.loc.gov/lccn/sn84038328/1877-03-02/ed-1/seq-2/

[4] Excerpt from "Local News." The Interior Journal, Stanford, KY. March 9, 1877. Page 3. LOC. http://chroniclingamerica.loc.gov/lccn/sn84038328/1877-03-09/ed-1/seq-3/

[5] Excerpt from "Garrard County." The Kentucky Advocate, Danville, KY. March 9, 1877. Page 2. Newspapers.com.

[6] Excerpt from "Harrodsburg." The Courier Journal, Louisville, KY. March 22, 1877. Page 4. Newspapers.com.

[7] Excerpt from "Garrard County News." The Interior Journal, Stanford, KY. March 23, 1877. Page 2. LOC. http://chroniclingamerica.loc.gov/lccn/sn84038328/1877-03-23/ed-1/seq-2/

[8] Excerpt from "Garrard County News." The Interior Journal, Stanford, KY. March 23, 1877. Page 2. LOC. http://chroniclingamerica.loc.gov/lccn/sn84038328/1877-03-23/ed-1/seq-2/

[9] "Lancaster's Last Sensation." The Interior Journal, Stanford, KY. March 23, 1877. Page 3. LOC. http://chroniclingamerica.loc.gov/lccn/sn84038328/1877-03-23/ed-1/seq-3/

[10] "Kennedy's Escape." The Courier Journal, Louisville, KY. March 26, 1877. Page 1. Newspapers.com.

[11] "G. C. Kennedy." The Courier Journal, Louisville, KY. March 28, 1877. Page 4. Newspapers.com.

[12] Excerpt from "Local News." The Interior Journal, Stanford, KY. March 30, 1877. Page 3. LOC. http://chroniclingamerica.loc.gov/lccn/sn84038328/1877-03-30/ed-1/seq-3/

[13] Excerpt from "Garrard County News." The Interior Journal, Stanford, KY. April 13, 1877. Page 2. LOC. http://chroniclingamerica.loc.gov/lccn/sn84038328/1877-04-13/ed-1/seq-2/

[14] Excerpt from "Local News." The Interior Journal, Stanford, KY. April 20, 1877. Page 3. LOC. http://chroniclingamerica.loc.gov/lccn/sn84038328/1877-04-20/ed-1/seq-3/

[15] Excerpt from "Garrard County News." The Interior Journal, Stanford, KY. April 20, 1877. Page 3. LOC. http://chroniclingamerica.loc.gov/lccn/sn84038328/1877-04-20/ed-1/seq-3/

[16] Excerpt from Column 1. The Interior Journal, Stanford, KY. May 4, 1877. Page 2. LOC. http://chroniclingamerica.loc.gov/lccn/sn84038328/1877-05-04/ed-1/seq-2/

[17] Excerpt from Column 4. The Interior Journal, Stanford, KY. May 4, 1877. Page 2. LOC. http://chroniclingamerica.loc.gov/lccn/sn84038328/1877-05-04/ed-1/seq-2/

[18] Excerpt from "Local News." The Interior Journal, Stanford, KY. May 11, 1877. Page 3. LOC. http://chroniclingamerica.loc.gov/lccn/sn84038328/1877-05-11/ed-1/seq-3/

[74] Excerpt from Column 4. The Interior Journal, Stanford, KY. July 12, 1878. Page 2. LOC.

[75] Excerpt from Column 6. The Interior Journal, Stanford, KY. July 19, 1878. Page 3. LOC.

[76] Excerpt from Column 4. The Interior Journal, Stanford, KY. July 26, 1878. Page 1. LOC.

[77] "To the Public." The Interior Journal, Stanford, KY. July 26, 1878. Page 2. LOC.

[78] Excerpt from Column 2. The Interior Journal, Stanford, KY. July 26, 1878. Page 3. LOC.

[79] Excerpt from Column 3. The Interior Journal, Stanford, KY. September 27, 1878. Page 2. LOC.

[80] Excerpt from Column 3. The Interior Journal, Stanford, KY. October 4, 1878. Page 2. LOC.

[81] Excerpt from "Rockcastle County News." The Interior Journal, Stanford, KY. October 11, 1878. Page 2. LOC.


[82] Kennedy v. Commonwealth, 77 Ky. 340, 14 Bush 340 (1878).

[83] Excerpt from Column 3. The Interior Journal, Stanford, KY. October 18, 1878. Page 3. LOC.


[84] Kennedy v. Commonwealth, 10 Ky. Op. 95 (1878).

[85] Excerpt from Column 1. The Interior Journal, Stanford, KY. November 1, 1878. Page 1. LOC.

[86] Excerpt from "Comments on the Grove Kennedy Case." The Interior Journal, Stanford, KY. November 15, 1878. Page 4. LOC. http://chroniclingamerica.loc.gov/lccn/sn84038328/1878-11-15/ed-1/seq-4/

[87] Excerpt from Column 2. The Interior Journal, Stanford, KY. December 6, 1878. Page 3. LOC.

[88] Excerpt from "Garrard County News -- Lancaster." The Interior Journal, Stanford, KY. December 13, 1878. Page 2. LOC.

[89] Excerpt from "Rockcastle County News -- Mt. Vernon." The Interior Journal, Stanford, KY. December 13, 1878. Page 2. LOC.

[90] Excerpt from "Local News." The Interior Journal, Stanford, KY. December 13, 1878. Page 3. LOC.

[91] Excerpt from "State News." The Breckenridge News, Cloverport, Ky. December 18, 1878. Page 2. LOC.

[92] Excerpt from "Garrard County News." The Interior Journal, Stanford, KY. December 20, 1878. Page 2. LOC.

[93] Excerpt from "Garrard County." The Interior Journal, Stanford, KY. February 21, 1879. Page 2. LOC. http://chroniclingamerica.loc.gov/lccn/sn84038328/1879-02-21/ed-1/seq-2/


[94] Excerpt from "Local Matters." The Interior Journal, Stanford, KY. April 25, 1879. Page 3. LOC. http://chroniclingamerica.loc.gov/lccn/sn84038328/1879-04-25/ed-1/seq-3/

[95] Excerpt from "Rockcastle County." The Interior Journal, Stanford, KY. June 20, 1879. Page 2. LOC. http://chroniclingamerica.loc.gov/lccn/sn84038328/1879-06-20/ed-1/seq-2/

[96] Excerpt from "Rockcastle County." The Interior Journal, Stanford, KY. September 5, 1879. Page 3. LOC. http://chroniclingamerica.loc.gov/lccn/sn84038328/1879-09-05/ed-1/seq-3/

[97] Excerpt from "Rockcastle County." The Interior Journal, Stanford, KY. September 26, 1879. Page 3. LOC. http://chroniclingamerica.loc.gov/lccn/sn84038328/1879-09-26/ed-1/seq-3/

[98] Excerpt from "Boyle County." The Interior Journal, Stanford, KY. October 3, 1879. http://chroniclingamerica.loc.gov/lccn/sn84038328/1879-10-03/ed-1/seq-2/

[99] Excerpt from "Rockcastle County." The Interior Journal, Stanford, KY. October 3, 1879. Page 2. LOC. http://chroniclingamerica.loc.gov/lccn/sn84038328/1879-10-03/ed-1/seq-2/


[100] Excerpt from "Local Matters." The Interior Journal, Stanford, KY. October 3, 1879. Page 3. LOC. http://chroniclingamerica.loc.gov/lccn/sn84038328/1879-10-03/ed-1/seq-3/

[101] Excerpt from "Rockcastle County -- Mt. Vernon." The Interior Journal, Stanford, KY. January 16, 1880. Page 2. LOC. http://chroniclingamerica.loc.gov/lccn/sn84038328/1880-01-16/ed-1/seq-2/


[102] Excerpts from "Rockcastle County." The Interior Journal, Stanford, KY. January 23, 1880. Page 2. LOC. http://chroniclingamerica.loc.gov/lccn/sn84038328/1880-01-23/ed-1/seq-2/

[103] Excerpts from Column 2. The Interior Journal, Stanford, KY. January 23, 1880. Page 3. LOC. http://chroniclingamerica.loc.gov/lccn/sn84038328/1880-01-23/ed-1/seq-2/


[104] Excerpt from "Rockcastle County." The Interior Journal, Stanford, KY. January 30, 1880. Page 2. LOC. http://chroniclingamerica.loc.gov/lccn/sn84038328/1880-01-30/ed-1/seq-2/


[105] Excerpt from Column 2. The Interior Journal, Stanford, KY. January 30, 1880. Page 3. LOC. http://chroniclingamerica.loc.gov/lccn/sn84038328/1880-01-30/ed-1/seq-2/

[106] Excerpt from "Rockcastle County." The Interior Journal, Stanford, KY. February 6, 1880. Page 2. LOC. http://chroniclingamerica.loc.gov/lccn/sn84038328/1880-02-06/ed-1/seq-2/

[107] Excerpt from "Rockcastle County." The Interior Journal, Stanford, KY. February 6, 1880. Page 2. LOC. http://chroniclingamerica.loc.gov/lccn/sn84038328/1880-02-06/ed-1/seq-2/





[108] Excerpt from "Local Matters." The Interior Journal, Stanford, KY. February 6, 1880. Page 3. LOC. http://chroniclingamerica.loc.gov/lccn/sn84038328/1880-02-06/ed-1/seq-3/

[109] Excerpt from "Lincoln County - Richmond Junction." The Interior Journal, Stanford, KY. February 6, 1880. Page 3. LOC. http://chroniclingamerica.loc.gov/lccn/sn84038328/1880-02-06/ed-1/seq-3/


[110] Excerpt from "Home News." The Courier Journal, Louisville, KY. February 6, 1880. Page 2. Newspapers.com.

[111] Excerpt from "Local Matters." The Interior Journal, Stanford, KY. February 13, 1880. Page 3. LOC. http://chroniclingamerica.loc.gov/lccn/sn84038328/1880-02-13/ed-1/seq-3/

[112] Excerpt from "Rockcastle County." The Interior Journal, Stanford, KY. February 13, 1880. Page 3. LOC. http://chroniclingamerica.loc.gov/lccn/sn84038328/1880-02-13/ed-1/seq-3/



[113] "A Subject for Executive Clemency." The Interior Journal, Stanford, KY. February 27, 1880. Page 1. LOC. http://chroniclingamerica.loc.gov/lccn/sn84038328/1880-02-27/ed-1/seq-1/

[114] Kennedy v. The Commonwealth, 78 Ky. 447 (1880).

[115] "A Very Hard Case." The Hartford Herald, Hartford, KY. April 21, 1880. Page 1. LOC. http://chroniclingamerica.loc.gov/lccn/sn84037890/1880-04-21/ed-1/seq-1/

[116] Excerpt from "Local Matters." The Interior Journal, Stanford, KY. April 23, 1880. Page 3. LOC. http://chroniclingamerica.loc.gov/lccn/sn84038328/1880-04-23/ed-1/seq-3/


[117] Excerpt from Column 3. The Hickman Courier, Hickman, KY. May 7, 1880. Page 3. Newspapers.com.



[118] Excerpt from Column 1. The Interior Journal, Stanford, KY. May 28, 1880. Page 2. LOC.

[119] Excerpt from Column 3. The Interior Journal, Stanford, KY. June 4, 1880. Page 3. LOC. 


[120] Excerpt from "Frankfort." The Courier Journal, Louisville, KY. August 5, 1883. Page 2. Newspapers.com.

[121] Excerpt from "Frankfort." The Courier Journal, Louisville, KY. August 6, 1883. Page 5. Newspapers.com.


[122] Excerpts from "Local Matters." Semi-Weekly Interior Journal, Stanford, KY. August 7, 1883. Page 3. LOC. http://chroniclingamerica.loc.gov/lccn/sn85052020/1883-08-07/ed-1/seq-3/

[123] Excerpt from Column 2. Semi-Weekly Interior Journal, Stanford, KY. August 10, 1883. Page 3. LOC. http://chroniclingamerica.loc.gov/lccn/sn85052020/1883-08-10/ed-1/seq-3/




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