The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1910-02-25
Not Known Whether They are Six
teen, Under Sixteen or Over Six
teen so That Proposition
is Hard One
TRIAL ON THIS MORNING
But it Was not Concluded and Con-
tlnuance Was Taken Until To-
morrow-some Of the
Features.

y e sti
Considerable difficulty is attending
the attempt to prosecute the Kelly
twins-Fred and Edward aged six
teen, under sixteen, or over sixteen
which is not vet just positively known.
I Their trial before Judge w. H. Nc.
Namara ia the superior court was fin.
ally launched this morning, after sew.
eral postponements, but it did not go
to completion and continuance until
8 o'clock tomorrow morning was found
necessary. Several more witnesses
for the defense will take the stand,
notable among them being Attorney
Palmer Trimble Of the Chicago Bur-
lington & Quincy.
The Kelly twins, who are of a fami-
ly well known in court circles, are
charged with misdemeanor Tor the
alleged assault upon T. w. Atkinson,
who is yard master for the cereal
works. 1t was brought first under the
juvenile law and then the defense de-
clared that the Kelly boys were over
sixteen years of age This takes 1t
out of the hands of juvenile court
and the prosecuting attorney for the
present has biven up the idea of send.
ing them to the reformatory. The case
is now at issue charging z misdemean-
or, punishable By not more than thir-
ty days in the county Jail, or a fine
OF 500 and costs.
The prosecuting witness was the
first to take the stand this morning,
with Assistant County Attorney Nc
Manus conducting the prosecution and
Frank Ballinger representing the
twins. Atkinson, on the stand, relat-
ed the story of the alleged assault
made upon him by the Kelly twins on
February Is, at the corner of Fifth
and Cedar streets. He testified that
he was going home about noon, When
he was accosted by the two Toys, who
inquired: why he had locked them in
the car. A brief conversation is said
to have followed and then one of the
boys, standing but few feet away
threw rock at him. At this move
Atkinson testified that he made 6
hack at the lad with a hatchet which
he was carrying and struck him IL
the back of the head. At this juno
ture the other Kelly boy jumped or
his back and merry mixup ensued, ir
which Atkinson claims his coat was
torn almost into shreds.
Frank Burk, witness for the defense
was the next Important one, and ties
titled greatly in the Kelly's favor. He
said that one of the Kelly. boys hat
not thrown rock, at least he did moi
see one thrown, while being about
four feet away, and that Atkinson
swore at them and Kit one of the boys
with Ratchet. Another witness was
LATE Leach. who saw only part O
the fight.
The county attorney has a secone
charge to be preferred against the Kel
ly boys, which is that of jumping oil
and off moving trains. However, be
fore this prosecution is taken up the
outcome of the present case will be
awaited.
The matter OF the age of the two
Kelly boys has not yet been brough
out on the stand, and this fact has
been puzzling the prosecution for sew
eral days past. Unless they are undel
sixteen years of age they cannot BIZ
sent to the reform school as delin
quents.
Preliminary Hearing.
The preliminary hearing of Oscar
Becker on the charge of breaking ant
entering a car and stealing a sack O
-four, is being heard before Justice
John Leindecker this afternoon. AS
sistant County Attorney McManus i!
conducting the prosecution and Attor
ney John Il. Craig is defending
Becker. William Mardis testified tina
Becker had been living with him oil
Johnson street between Eighth ant
Ninth and on the night in question
which was Feb 10, left the house il
half drunk, returning later with {
bottle of whiskey which he said he
obtained for sack of -four which he
got from a car Mardis testified tina
his coat was covered with something
white like -four. There are severa
witnesses and it will be some time
before the preliminary is concluded
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