The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1897-11-12
''lT NA'T RIGHT
Kelley Hept When Told He Might
De Proved Crazy,
LAWYERS FOR DEFENCE MAKING
OUT STRONG CASE.

| "a SSates Experts Admit undt the
| Prisoner Is Irresponsibie-Case Took
Sensational Turn-Kelley Withdrew
His Plea and Pleaded Guilty.
Court House, Dover, N. H., November
ll.-Ihere was 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, ad-
dressed the court in clear voice and
said he wished to retract his plea of not
guilty and plead guilty to murder if the
GATE OF his execution could be fixed for
the 10th day of January, 1899. He select
ed that date because he claims he has a
contract with the devil until he is 25
years OF age. which will expire on that
date, and he will be released. In an
swer to the question of Chief Justice Car
penter as to his plea, he said "guilty."
Inc taking Of the case from the jury
for the reason that Kelley had preferred
TO retract his plea and run his chances
With the courts decision on the degree he
Is to be convicted, caused the greatest
sensation in the criminal history of New
Hampshire.
The expert testimony during the af ter
noon was unusually interesting to those
who have been constant visitors to the
court house since the commencement of
the trial last Monday. The medical ex-
perts testified to the effect that Kelley
DID not have capacity to resist the temp
tatIon of killing the aged cashier, and
that ne Is high-grade imbecile, far from
being an idiot. but entirely irresponsible,
the atroclous crime probably being the
product OF u diseased mind. Kelley took
more interest in this line of testimony
tnan that OF any offered during the week.
| The experts were generally of the opinion
that he did not have sound mind when
ne planned and committed the murder
on account possibly of the injury sus-
taIned 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 act
| IONS beingnoticed by those he came in:oon-
| tact With during his travels. His parents.
brothers, sisters and friends from Ames-
bury, Mass, were on the stand and told
how Joe fell on nail when he was quite
young, was taken to his home unoon-
Wa6
IA years of age.
After adjournment Kelley's coun.
sci, James Ryan, Jr., approached Kelley
and told him that it looked az though
he would be made out insane At this
remark from his legal adviser, Kelley
created sensation by weeping bitterly,
declaring that it was not right, that he
is perfectly sane and should hang on the
10th of January, 1899. He also made the
same statement to Sheriff Hayes on his
way to Jail for the night. He declared
to the sheriff that the proceedings are
wrong in every particular, that he COM
mltted the murder while in his right
mind and wishes to be taken to the gal
lows after the expiration of his 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
decided that II the defence could prove
what they said they could that there
would be no difference of opinion among
the experts for the state and those for tho
prisoner, the experts having free ex-
change OF opinion before they were called
to the stand.
Several witnesses will be called tomor-
row.
rumor gained widespread circulation
in this city tonight to the effect that
kelley's plea to murder in the second de-
gree had been accepted, but as matter 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 )ate hour tonight that he has not
accepted anything of the kind. 1t is the
duty of the court to determine the degree
under the New Hampshire laws, the re-
spondent having pleaded guilty to the
Indictment. 1t is expected the trial will
end and verdict rendered by the
courtEbefore night.
Jus5 before recess tonight the self con-
fessed murderer wrote the following
lines for the Associated Press:
Ihere's s many q life it's race has run
'Twixt the rise and set of sun"
(sign9ffd)n = xe,,sv ).
Upon the opening of the court there
was an immense crowd in attendance.
Clerk of Courts Durg1n asked Kelley to
rise and plead to tho indictment, 1t be-
ing understood that he wished to retract
his plea of not guilty glaoe
Kelley stood up and addressed the court
| as follows
your Honors-This question of re-
sractlng my plea all remains with your
honors; If you will fix the date OF my
execution on the 10th of January 1899,
Unen, your honor, l retract my plea and
plead guilty to the charge of murder.
Ihe jury was then discharged, the
| case. however, being continued as the
court has the fixing of the degree and
desired further testimony.
Kelley evidently preferred to take his
chances with the court rather than to
no i L rErnF1
| County Solicitor Mason Informed the
associated Press that the State made
no concessions, but that the prisoner
pleaded guilty on his own responsibility,
anu IN thai way takes his own chances
@ O