The St. Louis Republic. [volume] (St. Louis, Mo.) 1888-1919, 1903-01-21
Convicted Delegate Declares That
ElOquence Charmed His IS
Well as the Jurors.
GLAD 1T IS ONLY TWO YEARS.
Ten Members of Jury Are Brought
Over to the Smallest Penalty
by Pair Favoring Acquit-
tai on First Ballots.

MY conviction is due to the eloquent
speech made by Circuit Attorney Folk
rather than to the evidence said Charles
+. Kelly. former Speaker Of the House OF
Delegates. shortly after the jury before
which he was tried for perjury returned its
verdict fixing his punishment at two years
Imprisonment yesterday morning.
Il watched the jurors closely as Mr.. Folk
was addressing Them continued Kelly.
and l felt at the time that his words were
having much influence on their minds. 1t
was an eloquent effort on his part and 1t at
fected me more than any Of the accusa-
lions Of witnesses who were called upon to
testify against me-"
The verdict. which was agreed upon at
$50 o'clock Monday night. was opened By
edward Chamberlain. Clerk of Division No.
8. and read By him under instructions from
Judge Ryan just a few minutes after 10
o'clock.
NOT AFFECTED BY VERDICT.
Kelly showed no disappointment at the
verdict of the jury as the words were read
condemning him to Imprisonment for two
jurors to Judge Clark. his chief counsel.
and shook hands with Ed Butler, who has
occupied a seat near him ever since the
T. Ed Albright and Charles l.. Geraghty
were among the first to speak to Kelly
after the verdict was read. While the de
h'o = oNAAs- Veg A'S s~'.
which he must give pending. the result OF
his application for a new trial. or an appeal
to the Supreme Court, Kelly stood and con
versed with them and several newspaper
men who gathered around him.
Il am glad that they gave me only two
years said the former House Speaker. 1T
shows that some of the jurors were friend
ly to me, at least. However. 1 do not
think ! should have been convicted. / am
not guilty of perjury. although these twelve
men seem to think SO. The court having
instructed the jury that one credible wit
ness was necessary to substantiate the
States charges. l don't see how the jurors
could have decided that I was guilty. Since
most of the States principal witnesses are
perjurers themselves. do not recognize
their credibility to testify against u man
charged with the same crime.
Put to Circuit Attorney Folk all the
credit is due for my conviction. He made a
masterful speech and 1t affected the jurors
more than any of the perjured testimony"
Kelly's bond for $4,000 was signed by
John O'Brien and Edward Butler. Jr.. and
he departed with Geraghty and Albright.
TWO VOTED o ACQUITTAL
George A. Roth was selected foreman of
the jury. He stated that the jurors had
agreed not to divulge any of the secrets of
ever, that on the first few ballots two
Jurors voted to acGuit Kelly.
After these two jurors found that they
could not influence the other ten they came
over and voted to convict the defendant.
Then came the question of punishment. The
Jurors were at variance on this. One stood
out for seven years, the maximum. for
three for five years. four for four years, one
for three years and two for two years. For
several ballots they stood this way. The
two jurors who first held out for the ac-
quittal OF Kelly were the ones who voted |
to give him only two years imprisonment, |
ard they would not agree to any verdict
other than one giving him two years.