Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1911-11-25
STATE HAS DIFFICULT TASK IN
CONNECTING pouoLE MUIR.
pERER.
SHOWING OF INSANITY
WILL De HARD TO p,sPRovE
Witnesses Testify That Kelly Was In.
ssrs Some Tims Prisr 70 the Com.
mission Of His crims-Had Mania
for Killing People, Induced BY Use
Of Drugs and Drink.
special to Times Republican.

Des Moines, Nov 25.-Dr. Harry
Kelly. Of Council Bluffs. sitting quietly
in the court room Of Judge Bradshaw,
after seven months of rest in Jail and
freedom from the temptations Of life,
still shows such signs Of the terrible
mental struggle thru which he passed
in February and March Of this year
that. in the opinion of many of the at
tendants at the murder trial, he is not
even now in normal mental condition
It may be developed that he is one
of that class known to alienists as just
on the border line between sanity and
insanity.
DR.. Kelly is pale but quiet, shows no
nervousness nor Impotence. his hand
some face is always in repose. and to
of anyone as to what the court may
do. Not once during the trial has he
shown any disposition to "butt in" and
tell the lawyers anything. Not once
has he manifested any emotion. He
has followed the evidence closely. but
not more so than others in the room.
He was not released on bail. in fact
no effort was made for bail. because 1t
was known that he would not even
now be safe man at large.
Under such circumstances he will
not be placed on the stand to tell his
story of his downfall and mental ruin.
Strong Case For Defense.
But little by little the simple story
of the pace he went down the rapid
road to destruction is being got before
the jury: and since the defense has
opened with the testimony Of scores Of
Council Bluffs people, it has become
evident that mighty strong case for
the defendant is going to be made out.
The state has been apparently sur
prised at much of the testimony elicit
ed. Much more was known OF the men
tai and physical breakdown OF the
defendant than had ever come to the
surface publicly.
The defense. when 1t is all developed,
will be substantially that Of insanity
induced by the use Of drugs and in
toxicants. not an ordinary case Of tenn
porary insanity. not a temporary hal
lucination, but a genuine case Of dis
eased and broken mind. The fact that
he actually "saw ghosts will probably
not be disputed, nor that he was seized
with mania for killing people. 1t IL
said that the fact may also be de-
veloped that his mania was OF such a
character that at times everything
looked black to him, that men took on
the form of fiends, that their faces
were black to him and that he WAS
possessed OF terrible
It will be ella -, /, also. and there will
be some evidence on this point. that
on the fatal morning he knew nothing
Of what he was doing in fact knew
nothing from the time he went to bed
in the Kirkwood until the day follow
ing the tragedy The entire argument
to the jury will be upon the question Of
sanity or lack Of mental responsibility.
Defense Has Hard Task.
The state expects to introduce quite
a number Of witnesses in rebuttal OF
the defense testimony, but most OF
.hes witnesses will be Des Moines
people. The defense has number of
other witnesses. sufficient to take two
or three days next week on the Kelly
case. Testimony will be given to show
that at the time Dr. Kelly was adjudged
incompetent and sent to the hospital
state Of mind. 1t will also be shown
that he was an inmate Of Keely in
stitute in Omaha.
Thus far in the trial there has been
nothing to show any material varia-
ton in the story of the homicide as
related by the witnesses for the state
the fact Of Woolman and Kelly put
ting up at the Kirl<wood hotel. Wool
man being shot on his bed. Kelly go
ing out and visiting q restaurant and
two saloons. holding up various per-
sons for small. sums, then shooting
Barkeeper Sterling III a Court avenue
saloon. It is admitted that Kelly acted
very queer. that, he was irrational and
his conduct Indicated lack Of mental
responsibility on that OCCASION. Evil
dence was also brought in to show that
he talked irrationally in Jail the next
day, but the reporter who got the
Interview failed to confirm its ac-