New-York tribune., 1911-11-20
BLAMES STATE FOR CRIMES
Novel Defence for Drug Flend In
diCted for Two Murders.
WAS INCAPABLE OF INTENT
Neglect Of Deputy Sheriff to Per
form His Full Duty Respon-
sible for Killings, Defence
Will Contend.

ucs Moiucs, Iowa. Nov. l9.-Opcrations
of the human mind probably never played
SO prominent a part in criminal case As
they will i'm the trial here. beginning next
Tuesday. OF Harry Kelley Of Council
BLUFFS indicted FOR murder in the first dc
crcc because of his shooting deputy shcr-
in and a bartender Under the Iowa law
tho clement of reconciliation and intent is
necessary 10 constitute murder in the first
degree. \ unique defence is TO he offered
not only that he was incapable Of forming
an intent. but that he vas not responsible
10 the state for any intent or act he may
have committed.
Harry Kelley was an admitted drug
slave. lie had contracted the habit during
his brief career as a physician. Giving up
the effort to conquer the drug, and his
PARENTS also discouraged, he went before
Judge Of the district court and confessed
himself to be a man dangerous to society
and asked the state to take charge OF him
The Judge Of the district court issued an
order directing him to he placed In the
state hospital for dipsomaniacs At Knox
VIE. and temporarily he was consigned to
tho custody Of the Sheriff. It was while en-
route TO Knoxville that his crime was com
nitted. The deputy sheriff brought him 10
Des Mones. where il was necessary 10 re
main overnight between trains. instead
~ placing Kelley I'm tho city or county Jai,
the deputy sheriff took him 10 hotel room
with him and. the defence alleges, supplied
him with liquor. Early in the morning
kelley arose took tho deputy sheriff's re-
volver and shot him to death. Then ne
calmly went out on the street, and atter
some r1anpuvring went to a saloon and
demanded q drink. Tho bartender. I'D
stsrzinger, refused him liquor and was
shot dead.
The defence VIII contend in the coming
trial that Harry Kelley, having confessed
his irresponsibility and surrendered HIM
self 10 the state. he was not morally or
legally responsible for his acts, and that
had the state and its officers fully per-
formed their duty and kept him confined.
the crimes for which he IS 10 he tried would
never have been committed. In other
words. the defence will attempt 10 shirt
the responsibility for the crimes 10 tho
shoulders Of the state, which is rrosecut-
Ing.
Sscondarlly. tho defence will claim tnat
Kelley's mind. because of the drugs was
i'm 4 gOnO1f1On 10 lo1Vl 4 cb'-444N iiii'ii'
such ar would warrant conviction Of nur-
der in the first degree, and further WAS III
such clouded condition that he knew
nothing Of what ne did, and cannot he held
for manslsushter.
To prove Kclley's mental arrangement
his counsel Will point TO the state tesu-
mouv itself. which shows that after shoot
ing, the officer Kelley went TO 4 restaurant
and forced the cashier at tho point of a
cun to give him cents which he said he
wanted FOR carfare to depot which was
hut a block away. Then he went to a
saloon. stood up tho gang and made the
bartender treat them all While others
took beer or vhiskey, Kelley drank ginger
ale. Then he went to the Starzinger place
where he shot his second man. After that
no returned to the restaurant where he
had FIRST been and ordered something to
cat n was there ne was arrested by the
officers. and made no. resistance.
Some of the best alienists in the country
win he asked TO testify as to the opera
tions Of Harry Keleys brain. lie comes
from q good family. His father and his
grandfather before him were successful
physicians.