Webster City freeman. [volume] (Webster City, Hamilton County, Iowa) 1884-1946, 1911-12-12
Twelve Men at Same Time Declare
He Was Insane Last
March
is THE VERDICT ILLEGAL?
Lawyers Say Defendant Could Not
Be Found Guilty if
Crazy.

DR.. Harry D. Kelly, the Council
Bluffs physician, is guilty of tn
crime of manslaughter.
This is the finding of a jur.
which made its report to Judg
Bradshaw in the criminal cour
shortly after o'clock last evening
A second verdict, or rather al
answer to a special interrogation!
was returned, in which the jur!
found that the defendant was in
sane on the morning Of March rs
the date he shot down Edmunt
Sterling, and for which he ha'
been on trial for his life, and Clar
ence Woolman.
Attorneys say that the verdict O.
manslaughter is Illegal, because al
insane man cannot be convicted O.
a crime, and that the court can Sc
it aside.
j. j. Mulvaney, chief counsel fol
the defense, will file a motion in thu
criminal court today asking that the
verdict be dismissed.
The jurors reached an agreement
about Is o'clock Sunday afternoon
after celebrating on the case fifty
four hours. They retired at II
O'Clock Friday morning. Persons
directly Interested in the case had
scattered to all parts of the city, SC
it 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 something had happened
and nearly filled the chamber when
the jury was ready to report.
Judge Bradshaw received the ver-
dict In person, as no deputy clerk
was present, and as soon as he open
ed and. read it, an expression OF
complete surprise came over his
face. He summoned County Attor-
ney Thomas Guthrie and Attorney
j. ]. Mulvaney to his desk, and held
a hurried consultation with them in
q low tone. No one could hear what
was said, but many of them guess
ed what had happened.
Judge Bradshaw first read the
special interrogatory in which the
jury had found the defendant in
sane, and then he read the verdict,
I'VE, the jury, find the defendant,
Harry d. Kelly, guilty of man
The judge then took a poll of the
entire jury, asking each il that was
his verdict, and if that was his am
swer to the question in regard to
the insanity of the defendant.
AS soon as the reading had been
lthe defendant turned to
his mother and said: Its all right
now, mother" Then he threw his
arms around her neck and kissed
her. f
He got up Immediately and walk
3D. to point at the side of the
Judges desk and as the Jurors pass
ID out he shook each one by the
land and thanked him, even though
he men did not give him his liber-
y.
The defendant was asked what
,e thought of the verdict and he
merely said. Il am satisfied. l don't
want to discuss it any more, because
realize there is likely to be COM
and / would rather have
ny attorney do my talking for me.
Had the jury found me not guilty
t would have been different, but as
t is, am satisfied"
II feel very grateful" said the
mother, land l want to
hank Judge Bradshaw for the ex- ,
client manner in which he conduct
d the case. Both the judge and
he people have been very consider
tie of me-" she added.
When Kelly's father was ques- j
loned he, said: THE trial was en- |
nently fair and we are satisfied ]
nth the outcome of it. / wish !
ould express my gratitude to Judge
BRADSHAW for the manner in which I
Q conducted the case" {
When the jury retired at II i
clock Friday morning one ballot
as taken before dinner. This /
God eight for acquittal and four
" guilty of murder in the first de- /
rec. After dinner about dozen c
lllots we're taken and no change. e
q the thirteenth ballot they stood
inc for acquittal and three for gull ]
Of murder in the first degree. An
her bunch OF ballots were voted T
fore the result changed to ten for S