The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1890-02-22
TIE DEFENSE,

AIo a4RuuIeAt OCCupyAuS over one lOur.
he spoke of the preservation Of society,
protection Of the home, laws Of adultery,
domestic ties, chastity and love, and
quoted Scripture at length. He said
that the killing proved nothing in this
case. There was no presumption OF
malice. In this case it took place in
the most unfavorable time and under
the most unfavorable circumstances,
Mr.. Danford followed Mr.. Frances
and said that if Walter Kelley knew
that Mrs. Kelley was with man whom
he knew to be her paramour, that he
had right to assault him, and that he
was not tho aggreesor; that he WAS re-.
quired to do ordinary judgment under
the circumstances. There can be no
doubt that improper relations existed
between these two people.
Cots and Mrs. Kelley had something
unfit for the little girl to hear and they
moved away from the child on this &C.
count. The. relations that existed be-
tween Cots and Mrs. Kelley we're re-
lations against the wishes Of the hus.
band. There could not have been any
business that took Mrs. Kelley up on
Fourth street that night. I can show
you that Kelley is very singular man :
that he was justified in striking before
be did strike. Very few OF you would
have waited for years without striking
him. Colts was shot down at the very
feet OF the woman he had
been debauching for years. II
is not necessary that adultery
should be proven. They were talking
then for fully twenty minutes without
any business. Kelley knew the relations
existing between Cots and his wife
were improper. Itis creditable to Kel.
ley for bearing with this for years. kel.
ley is entitled to every benefit OF doubt,
/ believe that Kelley waited on the op.
posite side OF the street for his vile and
Colts to separate. II his object was
murder, he was losing good opportu.
nifty. I don't think he was n1ious 10,
a meeting with Cots on that corner. He
is not guilty Of the charge for which he
is held. Ifyou think him guilty OF man.
slaughter render your verdict according
ly, but 1don't think he is guilty OF any.
thing. II Kelley was hard pressed then
he right to take out this weapon and
use it. A man has right to repel an
assault. II he believed that it was nee
essary to repel the assault he had a
right to do it. Consider his character
the kind Of man he is, and say to you
thoug I am his attorney, that he was
better with his mouth than his fists.
THE PROSECUTION CLOSES.
Mr.. Hollingsworth, the Prosecuting
Attorney, closed in a two hours argu
ment. lie said nothing but the best re-
lations existed between Cots and Kel-
ley long after Kelley left the premises Of
Henry Colts. They have robbed the
cradle and the grave hunting improper
relations between Kellcy's wife and
Cotta. Kelley had no right to SHOOT
down a man simply to crafty his own
wishes. IfRobert Milligan got the letter
from the coal house, as Kelley claimed
he did, he would have been here on the
stand. If Milligan had got the letter the
defense would have had him here
There. is nothing except Kelley's jeal
ousy that ever prompted him to xii
Colts. Walter Kelley has told his tale
and the State has allowed everything
good, bad and Indifferent. He ha!
never seen Henry Cots and his wifi
at his own home. Except in the intoxi
Gated Imagination, there is nothing t.
show intimacy between Mrs. Kelley ant
Cotts. When he put the revolver in hi
pocket It was prompted by heart witt
murder deep down in it. Walter Kelley
or no other man places revolver in hi
pocket without knowing whether it i
loaded or not. He knew that with thi
hc could forever seal the mouth o
Cots. Henry Cots did not have hi
arm around Mrs. Kelley's neck, as Kel
ley says. Walter Kelley never stool
that night with Cots pounding him il
the face and shot him accidentally. Mrs
KelleY's story was changed after Kelle,
had sent for her and had an interview
Judge briggs charged the jury in hi
usual deliberate manner, and was listen
ed to with intense interest by every pei
son in the court room. Court adjourned
ahortly before o'clock and the jury re
tired few minutes after seven. &.