Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1914-12-01


renee De Graft of the district court, at
8 o'clock last night. Kelley was tried
on q charge of manslaughter in con-
nection with the staying Of Sterling.
If the contention of John Mulvaney
and C. G. Saunders, counsel for Kelley.
that the verdict automatically quashes
an indictment charging him with the
murder of Clarence Woolnan. is sus-
tanned. the young physician may soon
gain his liberty. Kelley slew Wool
man, a Pottawattamie county deputy
sheriff shortly before he took STERLING S
life.
Verdict Quickly Agreed To.
Arguments in the case We're COM
pleted early yesterday afternoon,
whereupon Judge De Graft proceeded
to instruct the jury, which retired for
elaboration at 4:S0 o'clock. An hour
later the jurymen were taken to a
Sixth avenue cafe, where they han
dinner. Returning to their room they
soon agreed upon a verdict and word
was immediately sent to the judge
and counsel for both sides.
Kelley appeared calm when the
jurors filed into the court room and
took their seats in the jury room. In
response to a query from the court,
the foreman announced that verdict
had been reached, and handed it to
the judge.
AS the words insane when the act
was committed" fell from the lips of
the judge, tears began to run down the
cheeks of the accused man. A smile
spread over the faces of Mr.. and Mrs.
]. w. Kelley, the aged parents of the
young physician. who had sat notion
less thru the proceedings thus far.
Embraces His Mother.
Kelley arose from his seat when the
judge excused the jury, and threw his
arms about his mother as he kissed
her. For almost a minute he sat on his
fathers knee embracing his mother.
whose chair was nearby.
The parents Of the young man were
completely overcome with joy. The
careworn look which has been so visi-
BILE in their faces since the trial Of the
case began two weeks ago seemed to
disappear as II by magic. The aged
couple left the court house last night
be permitted to return to Council
BlunS with them. 5 ~ ri
Three forms OF verdict and q spe-
cial interrogatory request by the coun-
sci for Kelley were submitted to the
jury by Judge De Graft. Under the in
structions of the court the jury might
find Kelley guilty or not guilty Of man
slaughter or mot guilty by reason of
the fact that he was insane ct the time
the act charged was committed
Special Question Answered.
The special interrOgatory which was
called for by Kelley's attorneys and
which the court was bound by law to
submit under the circumstances was
as follows:.
WAS the defendant H. D. Kelley in
sane and for that reason criminally
irresponsible on the twenty fifth day
OF March, 1911, when. 1t is charged in
the indictment. that he shot and killed
Edward Sterzing?"
Attorney Mulvaney pointed out last
night that the special lnterrogatory
had been demanded as safeguard.
With the interrogatory before them,
the jurymen could not escape passing
upon the question of Kelleys sanity
had they found him guilty of the crime.
The jury not only returned YER
dict Of insanity" but also answered
the special interrogatory in the af-
firmative, the two being consistent.
Former Jury Erred.
AT former trial on a charge of
murder in connection with the killing
Of STERLING, young Kelley was found
guilty of manslaughter. The jury
returned supplemental finding that
he was insane at the time, with the
result that the supreme court re-
versed the verdict for the reason that
the two findings were inconsistent.
kelley's first trial was held during
the fall of 1911. He appealed his
case shortly after his conviction. The
supreme court rendered it's opinion on
Jan. 20, 1914.
The young physician was being es-
corted from Council Bluffs to the in
ebriate asylum at Knoxville when he
shot and killed Woolman and Sterling.
Woolman had stopped of in Des
Moines with his prisoner, and was
staying with him at the Kirkwood
hotel. Early in the morning Kelley,
arose from his bed and took the depu-
ty sheplff's gun from the holster. He
then fired upon Woolman, killing him
almost instantly. Afterward Kelley
went to Cheisas saloon on Court av-
enue. where he murdered Sterzing
when the latter refused to give him a,
drink He was picked UP by the POI
lice few minutes later. ~
Attracted Wide Attention.
The case attracted widespread at
tention owing to the prominence of
the young man and his family and
because OF the legal entanglements
which resulted from the Inconsistent
verdict reported by the first jury.
Judge De Graft instructed the jury
that it should appear not only that
the mind of the accused was insane,
but also that the act for which he
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