Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1897-11-12
HE PLEADS GUILTY.
Kelley Retracts and Case Is
Withdrawn from the Jury.
Now Remains for Judge to Decide On
Degree by the Evidence.
Testimony Showing Kelley to Be Peculiar
and Of Unsound Mind.

Court House, Dover, N. H., Nov. IL
There was a sensational and remark
able development in the Kelley murder
trial when court opened, this morning,
when Joseph E. Kelley, the murderer
of Cashier Stickney OF SomerswOrth.
addressed the court in a clear voice and
| said he wished to retract his plea OF
not guilty, and plead guilty to murder
II the date of his execution could b,
He selected that date because he claims
fixed for the Is day of January. 1899.
he has a contract with the devil until
he is % years of age. which will expire
| on that date. and he will be released.
In answer to the question of Chief
Justice Carpenter as to his plea, he
| said Guilty" Then the taking of the
case from the jury for the reason that
Kelley had preferred to retract his plea
and take his chances with the courts
decision on the degree on which he is
| to be convicted caused the greatest
| sepsation in the criminal history Of
New Hampshire.
The expert testimony during the
afternoon was unusually interesting t.
those who have been constant visitors
| to the court house since the commence
ment of the trial. last Monday nor ming
| The medical experts testified to the eff
| feet that Kelley did not have capacity
| to resist the temptation of killing the
aged cashier. and that he is high
grade imbecile. for from being an idiot.
| but entirely irresponsible. the atroci-
Gus crime probably having been the
product of a diseased mind. Kelley
took more interest in this line of testi-
mony than that of any offered during
the week. The experts were generally
of the opinion that he did not have a
sound mind when he planned and COM
mitted the murder on account possibly
of the injury sustained to his brain
| when child.
The evidence offered by the defence
during the forenoon went to show that
Kelley is peculiar and had been so con-
sidered for many years. his strange
actions being noticed by those he came
in contact during his travels. His par
| ents. brothers, sisters and friends from
| Amesbury, Mass. were on the stand
and told how Joe fell on a nail when
he was quite young. was taken to his
home unconscious and had epileptic
fits until he was IA years of age.
| After adjournment, tonight. Kelley's
| junior counsel, James Ryan, Jr., ap-
preached Kelley and told him that it
| looked as though he would be made
out insane. At this remark from his
| legal adviser Kelley created a sensa-
| ton by weeping bitterly, declaring that
| it was not right, that he is perfectly
sane and should hang on the 18th of
January. 1899. He also made the same
statement to Sheriff Hayes while on
his way to Jail for the night. He de-
clared to the sheriff that the proceed
ings are wrong in every particular,
that he committed the murder while
in his right mind and wishes to be
taken to the gallows after the expiring
of the contract with the devil.
Three expert witnesses were placed
| on the stand, today, for the defence.
while one appeared for the state and
the result is remarkable. considering
the fact that they all practically agreed
that Kelley is irresponsible for the
crime. After the opening by the de-
fence. yesterday, 1t was decided that
if the defence could prove what they
said they could. that there would no
difference of opinion among the ex-
perts for the state, and those for the
prisoner, the experts having a free ex-
change of opinion before they were
called to the stand. Several experts
will be called. tomorrow.
A rumor gained widespread circula-
ton in this city to the effect that KEEL
ley's plea to murder in the second de-
had hpan h,,f q +
ter OF fact there has not been any
agreement. and there cannot be one
before the court comes in, tomorrow.
Attorney General Eastman Informed
The Associated Press, at late hour,
tonight that he has not accepted any
thing Of the kind 1t is the duty of the
court to determine the degree under
the New Hampshire law. the respond
ent having plead guilty to the indict-
ment. 1t is expected the trial will end
tomorrow. and verdict rendered by
the court before night.
of Cashier Stickney of Somers-
worth. was brought to the court house,
just before o'clock, this morning. and
upon DelHS given cndr DeSide MS
counsel. he refused to be seated for thu
reason it was not the one he had occu-
pied during the trial and had been
labelled by him with a red piece CT
paper. After his! chair was found he
was greatly pleased and. took seat
near his counsel. Upon the opening of
the court there was an immense crowd
in attendance, but few realizing. how
ever. the sensational developments
that were to be brought out on the |
fourth day of the trial.
Clerk of Court Durgin asked Kelley |
to rise and plead to the indictment. it !
being understood he wished to retract |
his plea of not guilty. Kelley stood /
up and addressed the court as follows: |
Your Honors: This question of re-
tracing my plea all remains with your
i1onors; if you will fix the date of my
execution on tine 10th day of January. /
1899, then. Your Honor. retract my
plea and plead guilty to the charge of