Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1911-12-11
FINDS PHYSICIAN GUILTY or
MANsLAuohrER AND ADDS
THAT He WAS INSANE.
VERDICT PROBABLY ILLEGAL
AND WILL % GET ABIDE
Attorneys For Physician Will Mako
Emert 70 Have insanity Decision
otand- RsIativss Satisfied With Yer.
d;es-Jury Wa. Out Forty. Eight
Hours. {
Special to Times-Republican.


Des Moines, Dec. 11.-John Null
vaney. attorney for DR.. Harry Kelly,
will file a motion asking the district
court to enter judgment upon the spe-
cial interregatory by which the jury
found Kelly was insane when he killed
Sterling. This motion will probably be
argued on Wednesday, the date the
court mas fixed for passing sentence
or disposing Of the case. Whether the
county attorney will resist this mo-
ton Is not known. II sustained Kelly
will be declared acquitted under tho
indictment.
Des Moines. Dec. 11.-Dr. Harry D.
Kelly. the Council Bluffs physician, is
guilty of the crime Of manslaughter.
This is the finding Of jury which
made its report to Judge Bradshaw in
the criminal court shortly after s
o'clock last evening
A second verdict, or rather an answer
to special interrogatory was returned,
in which the jury found that the de-
PENDANT was insane on the morning Of
March %, the date he shot down Ed
mund Sterling. and for which he has
been on trial for his life, and Clarence
Woolman.
Attorneys say that the verdict Of
granddaughter is illegal, because an in
sane man can not be convicted of q
crime, and that the court can set It
aside.
]. J. Mulvaney. chief counsel for the
defense, will file a motion in the GRIM
inal court today asking that the verdict
be dismissed.
Jurors Out Fifty-Four Hours.
The jurors reached an agreement
about 5 o'clock Sunday afternoon, after
hours. They retired at II o'clock Fri
day morning. Persons directly interest
ed in the case had scattered to all parts
Of the city. so 1t took Bailiff Dug Miller
nearly an hour to notify them. When
he turned the lights on in the big court
room a throng Of people on the streets
outside the building knew that some
thing had happened and nearly filled
the chamber when the jury was ready
to report.
Judge Bradshaw received the verdict
in person, as no deputy clerk was pres
ent, and as soon as he opened and read
it, an expression of complete surprise
came over his face. He summoned
County Attorney Thomas Guthrie and
Attorney J. J. Mulvaney to his desk,
and held a hurried consultation with
them in a low tone. No one could hear
what was said. but many of them
guessed what had happened.
Judge Bradshaw first read the spe-
cial interrogatory in which the jury
had found the defendant insane. and
then he read the verdict. I'VE, the jury,
find the defendant. Harry D. Kelly,
guilty Of manslaughter."
Polls Al Of Thorn.
The Judge then took a poll Of the
entire jury, asking each II that was his
verdict, and II that was his answer to
the question in regard to the insanity
Of the defendant.
AS soon as the reading had been con-
cluded the defendant, turned to his
mother and said: Its all right now,
mother" Then he threw his arms
around her neck and kissed her.
He got up Immediately and walked
to point at the side Of the Judges
desk and as the jurors passed out he
shook each one by the hand and
thanked him. even tho the men did
not give him his liberty.
The defendant was asked what ne
thought Of the verdict and he merely
said, "I am satisfied. I don't want to
discuss 1t any more, because realize
there are alikely to be complications,
and would rather have my attorney do
my talking for me- Had the jury found
me not guilty it would have been DIFF
ferent, but as 1t rs, am satisfied"
The Jury in the Kelly murder trial
was given about as hard a seige as any
in Polk county for many years. Fol-
lowing trial which had taken fourteen
court days, the jury was locked up
for three successive nights. in the hope
that a verdict might be agreed upon
The court and the attorneys and Ill
others were very anxious for verde,
of some kind.
The instructions Of the court brough!
out fact not generally understood
that in such cases. where the defense
is that of insanity, the jury must decide
definitely not alone as to the guilt OF
the accused but also as to his sanity
or otherwise. It developed early tina,
1t was this special interrogatory that
caused the trouble in the jury box.
Stuck on Insanity.
The foreman, w. ID. Hewson. stated
to the court that 1t was this special in
| terrogatory that stood in the way oi
completing the business I'VE are in