Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1897-11-13
GIVEN 80 YEARS.
Plenty Of Time for Kelley to
Recover from Insanity.
End Of Trial and Sentence Of Murder
er Of Cashier Stickney.
The Thorn Jury Discharged Trial will
Commence. Nov 22.

Court House, Dover. N. H., Nov. r.
There was a driving snow storm here
this morning. yet the STAFFORD county
court house was filled with people when
Sheriff Hayes raped for order, and the
Kelley murder trial started on it's fifth
day. The crowd was not attracted to
hear the evidence that would naturally
be submitted, but the fact that a SEN
sation like that of yesterday morning
might have been in order
The self-confessed murderer was
brought into court by a deputy sheriff
just before the opening of the court
and extended greeting to his relatives
and to those he has become acquainted
with during the week.
DR.. George F. Jelly Of Boston, an ex-
pert on mental diseases. was the first
witness called to give expert testimony,
and in answer to the questions by the
state, he said that he considered the
prisoner had al limited responsibility
for his acts. on account of the injury
he sustained to his head when a boy,
which prevented his brain from devel-
oping. His case is one Of limited re-
sponsibility; did not seem to be a can
he had been beside the prisoner during
the entire trial and he was surprised at
the slight interest he took in the case
and then at the hour of recess last
night he shed tears because his counsel
were making an effort to prove him in
sane. He thinks Kelley acts upon an
impulse which he has not the power to
control. He did not think Kelley is
feigning and that his present condition
existed in April last. when he murdered
Cashier Joseph A. Stickney at Somers-
worth.
DIR. Walter Claiming of Brookline.
Mass, said he saw Kelley in Jail and
by the evidence. and the result of his
examination. thought that Kelley has
limited responsibility for his acts. on
account of the boyhood accident, after
which he suffered epleptic fits. He had
known Kelley and said Joe was always
boyish. yet a very good observer. His
stealings have been of small things and
for that reason his acts have not al
ways been known. He did not have
the ordinary small vices.
Kelley laughed heartily when Dr.
Claiming said the prisoner was boyish
in his ways.
Chief Justice Carpenter informed the
counsel that he would be pleased to
have any medical expert called and
testify in this case, notwithstanding the
agreement that each side was limited
TO three witnesses.
Dr. Thomas J. Ward of Dover, was
next called. He said he attended kel-
ley at the Jail in the capacity of the
county physician, and said he believes
on account of mental impairment.
DR.. L. ]. Sullivan of Dover was CALI
ed and said he believes Kelley has a
limited responsibility.
Dr. Joseph r. Ham of Dover testi-
fled to the effect that Kelley has an
unsound mind.
DR.. Moses c. LotArop of Dover, was
then called and said Kelley has linn
tied responsibility and it is PROBABLE
:ty that he will continue to grow worse.
In cross-examination by counsel for
the defence. Dr. Lathrop said he be-
lieved Kelley had an unsound mind
when he committed the murder.
DR.. Levi c. Hill of Dover. So years of
age. was then called by the defence.
and he believed Kelley was of unsound
mind on April last.
Both sides rested at 9.45 and the evil
dence was closed. Chief Justice Car
penter was then informed by the coun-
sci that they did not wish to make an
argument.
At 10 o'clock. the court came in. after
a short recess. Chief Justice Carpen-
ter said: 1.-THE court finds that the
prisoner is guilty of murder in the
second degree
Solicitor Mason then moved for SEN
tence and Clerk Durgen asked Kelley
to stand up and then read the order of
the court as follows
THE court having considered the Of
fence to which you have plead guilty,
orders that you be sentenced to serve
term of so years at hard labor in
states prison and pay the costs of
prosecution"
Court then adjourned.
Sheriff Hayes will take Kelley to
Concord, tomorrow morning
Shortly after his sentence, the self
confessed murderer told County Solic |
itor Mason that he just as soon hang |
as to get a sentence of 30 years in pris-
on. He did not create any sensation, |
but smiled and shook hands with his |
friends before leaving the court room. |
Mr. Mason informed The Associated |
Press, after the adjournment of court. |
that the state is satisfied with the |
verdict, considering the testimony of
the mental condition of Kelley. The
court could not pass on the question
of Kelly's sanity only so far as it
might effect the question of the degree
of the crime.
When Joseph E. Kelley was arrested
in Montreal for the murder of Cashier
over $4,000 of the banks.
money was found upon him and in the
culvert where he had left the silver
This has since remained in the posses
sion of County Solicitor Mason, until
this afternoon, when it was turned over
by him to the bank authorities. The
question as to who shall receive the re-
ward of $4,000 offered for the capture
and conviction of Kelley will he de-