The Paducah evening sun. [volume] (Paducah, Ky.) 1906-1929, 1909-01-08
NO NIGHT. RIDING
NOW IN TBIGGCO.
Says Witnesses to Support
John w. Kelly's Motion.
Former Master Commissioner Is
Charged with Misappsopriating
Trust Funds.
.,.. o--c i. SD ..tf
PREFERS TRIAL BACK HOME

On the claim that the state OF law
lessness that existed in Trigg county
has abated and that John w. Kelly
could be tried there at present with
out the right of the commonwealth
being prejudiced, Judge Reed will
hear evidence at the next cisll term
OF court on the motion to remand the
case back to Trigg county Cor trial.
John w. Kelly was master COM
missioner of. Trigg county, unde'
Thomas p. Cooks first term as cir
cult Judge of that county, Kelly'sI
predecessor in Office turned over TO
him about $4,000. belonging to
wards of the court and held in trust.
which he is now under indictment for
Incorporating When the funds, first
came into his hands. Kelly Is said TO
have some loaned of II to Judge Cook
himself. and during Cooks campaign'
for reelection, Il was made an issue
by his opponent. c. II. Bush, of Hop
kinsvlle. Cook repaid the money
and Kelly Is said to have unsuccess-
fully invested and lost portion OF
il. The Fidelity Bonding company.
OF Louisville, which was surety for
Kelly. was forced to pay the amount
he had lost and brought a, criminal
as well as civil suit in .Trigg county,
After the criminal prosecution had
been before the court OF appeals
twice, on questions OF validity of the
Indictment and whether the special
Judge. succeeding Judge Cook, who
could not serve on account OF his
connection with the case. should re-
tire on motion OF the prosecution in
the case, because 1t was alleged he
had been retained as attorney for
Kelly before being appointed circnit
judge. Judge Sims, of Bowling Green,
was appointed Judge to try the case
by the governor and when the case
came on for trial before that jurist.
he sustained a motion OF the prose-
cution for a change of venue on ac-I
count OF the lawlessness. existing in
Trigg county and sent 1t to Me.
Cracker county.
Yesterday when the ease came on
for trial before Judge Reed. Attorney
Charles X. Wheeler made a motion
Ito remand the case back TO Triggl
|county. claiming that the lawlessnes,
had abated, and he had the county
judge and other dignitaries of Trigg
|county. who have a suit to defend in
federal court on account OF their a.
legged connection with the night rid
ers, present in court to testify that
lawlessness was at an end. IL any
ever existed.
The prosecution was not prepared
to meet the issue raised because the
attorneys were not informed as to-
the lawlessness in Trigg county fav-
ing ceased, and asked time TO secure
proof, which was granted. The case
was continued unit, the April term
of court with the understanding that
evidence on the motion to remand
would be heard at the next civil
term.
{, Besides three judges, who have
presided In the cases, there have been
four prosecuting attorneys. Denny
Smith, the attorney Of the Trigg cir
cut. refused to act because he was
the law partner of Kelly. judge
Fowler. of Hopkinsville. resigned
after prosecuting the case twice III
the court of appeals. and John Sites
was appointed and served until the
change OF venue was granted and the
case sent to .McCracken county, when
Commonwealth's Attorney Lovett as
sumed charge of the prosecution.
Since the case was sent to Me-
Cracker the bonding company hasl
been paid back the amount II was,
forced TO pay out as Kelly's surety.
and il is not expected that the crimi-
nal prosecution will be pushed.