Campbell Circuit Court
Comth of Ky
vs } on joint trial for Rape
Philip Kennedy & Patrick White

On the calling of this cause the atto for the Com^th introduced as a witness Elizabeth Franklin who stated that in the summer of 1861 she and her sister Mary walked out on Saturday evening about 4 o'clock from their residence in New Port and to what is called Taylor Mill — bottom about ¹/2 mile from the City and took their seats together under a walnut tree and commenced cracking walnuts, when four men approached them two of whom after merely speaking walked ^on^ and the other two (Kennedy & White) remained talking to them — Very soon Kennedy seized & knocked her down and violently and against all her efforts which she could make in defense — had criminal connection with her — during this time White was present and immediately afterwards he had also like violent connection with her — Her sister Mary had in the meantime run off and she as soon as she could went back home & told her mother all that had occurred

The Court then introduced Mary Franklin who stated that she went with her sister Elizabeth to the mill bottom as stated by her and Kennedy becoming rough & violent in his manner she ran off & Kennedy after her, who soon returned to where her sister was, but she very much alarmed ran home —

M^rs Franklin the mother of Elizabeth stated that on the evening referred to Elizabeth came home greatly distressed and related to her what had occurred as stated by E. and that E. was much bruised —

D^r Haynes was introduced who stated that he was sent for to see Elizabeth on the evening of the alleged rape, felt her pulse, found it regular, not excited, but E. was bruised over the eye

M^r Ross was then introduced who stated that he was out in the Mill bottom on the evening referred to after the occurrence, saw two men whom he thought were the prisoners not far from Elizabeth, saw Kennedy buttoning up his breeches —

The undersigned was the Attorney for the Com'th on the occasion of the trial of Kennedy & White which resulted in their conviction for the Crime of Rape — To the best of my recollection the above recital comprehends the substance of the testimony before the trial Jury

W. E. Arthur

Patrick White Pettn for Pardon } Enclosure

From this evidence in this case I think verdict of Jury should stand and Pettn is refused 16 Jan 1863

J F Robinson