Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1897-11-11
keLley's CRIME.
econ tinued from page -

Vim. Rich, deputy sheriff at Berwick
was next called and testified that he saw
Kelley in Montreal soon after his arrest,
and the prisoner told him that he had a
pal by the name of Jack, who took the
team with him. The witness here pro-
duced the razor that was used in cutting
Stickney's throat. The razor was under
the caves of house back of Pages lane.
Kelley told him where it was. Keys and
other articles were also produced that be-
longed to Kelley and were thrown away
by him on the day of the murder. The
witness stated that when he was in Mont
real. the night Kelley was captured. De,
tective Cote told him the prisoner had
practically confessed. On that night,
Kelley appeared nervous and very tired.
Mr., Rich said: "Soon after l returned
to Dover with Kelley. I was at the jail
several days to see him, and on one visit
he told me where the razor was found
after the preliminary hearing" Mr.. Rich
said that the first information he had got
on the subject of Kelley getting through
the door where Stickney could be reached
came from Lawyer Edgerly, who had
called the attention of the witness to a
box, back of the bank near the coal she'd
There was wrapping paper near the box
and paper and box are at Rich'S home in
Berwick. Rich added that Kelley was
considered kind-hearted boy. gentle and
agreeable.
James S. McDaniels was sworn and
said he was deputy sheriff and went to
Montreal after Kelley. On cross-exam-
ination the witness said Kelley told MIN
he had got mixed, as he intended to go
across the street to his room with the
money after he got it, but he lost his head
and went UP over the hill with the bag
and placed 1t in the orchard. 1t was his
intention to mingle with the crowd In the
street after the murder became known to
the townspeople. Mr.. McDaniels said he
was never very well acquainted with KEEL
fat Int no. him frp0uantlV At fhp
conclusion of Mr.. Mechanics evidence,
the state rested its case at 3.45.
After a short recess. James Ryan. Jr..
commenced the opening for the defence.
your honor Mr.. Foreman and gentlemen
OF the jury: To this indictment, charging
the prisoner at the bar with the deliber-
ate and premeditated murder he pleads
mot guilty Notwithstanding the fact that
the state has proven and he admits that
he did take the life of Mr.. Stickney on
the 10th day of April, 1897.
''The proven and admitted facts would
seem to be conclusive; yet but one import
ant feature of this remarkable homicide
is before you. SO carefully has the states
attorney concealed every fact and Incl
dent which would contradict in any way
the allegation that with generalization
and of his malice aforethought, the pris-
oner did kill and slay.
''In the light in which the death of the
aged cashier now stands before you, ii
appears one of the most cruel and shock
ing murders in the annals of crime; vet
l think as you recall the circumstances
under which the killing occurred the
course the prisoner pursued. and mis- con-
duct afterward, as you look at him with
only % years of his life passed. his almost
childish face and manner, his indifference
to the recital of his awful acts on that
Friday noon in April last, doubts must
have arisen in your minds, and your i'll
&,Il Il If
unite with conscience in asking the ques-
lions:
..'Could one so young. with every APP
pearance of being kind gentle and in
offensive by nature, have committed such
a crime in the full possession of his men,
tai faculties?' is there not another ver-
sion of what now appears to be an afro
cious murder, and will change from a
heartless crime into an accident of dis
ease?'
While we understand such questions
must be crowding upon your minds
and might in themselves raise such 4
doubt Of his responsibility as to pre-
clude the possibility of verdict of
guilty, we shall not rely upon them for
q defence; but we are prepared to go
very much farther, and to lay before
you a testimony of the strongest and
most unimpeachable character that this
prisoner is not now, and was not on the
18th day of April, last, a responsible
being, in other words and to use a
common expression, insanity is his de-
fence.
when that is stated one thought
will occur to every one listening to me
more forcibly than any other, and that
IL the popular prejudice against such
q dnfonno 10 1od G
absurd and ever with the mos:
thought and humane. the idea tina;
such defence might be valid is dis
missed with sneer
But, Mr.. Foreman and Gentlemen
with you am sure it is different, yes
1t must be different. From the grea
mass of the people of this county you
have been called to sit as jurors which
constitutes you part Of this, the high
est tribunal in our state. With grea
care, far greater than you know, You
have been selected and accepted, no
only by the state but by the prisoner
as fit in point of intelligence, integrity
as men who will regard the solemn OBJ
legation you have entered into to IT,!
this prisoner fairly.
IF popular prejudice and the blood
thirsty remarks SO often heard wer'
permitted to have place in these pro
csedings, the task Of my able colleague
and my own humble efforts in behal
Of the accused would prove fruitless
But our faith in the course of justice
humane and Divine and the better ant
nobler impulses of human nature, i
such that we have undertaken thi
prisoners defence with faith that yo1
will. after hearing all the evidence, un
der the guidance of an intelligent AM
human court, render a righteous yer
dict.
sif'As have intimated, the defence o
q criminal upon the ground of insanit,
Ia looked upon with suspicion. Why i
1t so regarded? And if it please you
honors. would put that question if
we're possible to the whole world with
out fear that one could truthfully as
sert that courts are imposed upon an
deceived by a pretence of insanity. an
that criminals thereby escape jus
punishment. What does the history G
the administration of justice sho,
upon this point? fail to find a singl
case where a person has been excuse
upon the ground of insanity, where
or she has not afterwards proved be
yond question to be insane.