Evening journal., 1914-04-14
LAWYERS PUT
IN final Words
IN KELLY Case
Continued from FIRST Page.

Oftentimes. to emphasize his remarks
and 70 refresh the minds Of the jury.
he would read from the record Of
the case and practically all Of Mr..
Kelly's testimony as brought out by
the government was read by Mr..
Nields.
Mr.. Balls Address.
Mr.. Ball began his summing up
by thanking the jury for its unfag-
glng interest in the case He fiayed
the governments attorney for saying
that the defense had introduced evil
denco TO confuse the jury and de-
clared that II either side were guilty
Of this Il certainly was the govern
ment
Where Is the depositor out OF the
900 that has been testified to I'm this
case who has raised a single word
against the defendant" said Mr.. Ball.
"Ohl II there was any such depositor
he would have been brought here and
made to testify I'm this case"
Mr.. Ball took up the witnesses in
dividually, and discussed their testi-
mony. He took up Mr.. Stork's testi-
mony and declared he was found by
the government TO be one of the
greatest experts in the country.
II want you to believe this and
then I want you to take his testimony
so far as it affects my client, Mr.. Kel-
ly, said Mr.. Ball. "When Mr. Stork
was asked by me how he could ac-
count for these discrepancies. he re-
piled he couldn't do Il. When asked
II he could put his hand on a single
cent taken from the bank. he answer
ed no he could not IN Mr. Stork,
experienced and expert as he Is, can
not account for this matter, cannot
say whether il was q mistake, how
can you gentlemen who must be
satisfied beyond reasonable doubt.
how can you say n? How can you
do as the district attorney says, when
Mr.. Stork cannot account for it?"
Mr.. Ball declared that the govern
ments witnesses could make mis-
takes but only Mr.. Ke'ly's mistakes
were the ones in the eyes Of the gov
ment to be punished. He cited the
four mistakes of Mr. Kelly as against
the five which the government alleged
were not mistakes made innocently by
Mr.. Kelly. and declared that only
/ government witnesses and experts
could make mistakes. but If made by
Mr.. Kelly they we're wrong against
the bank and the government wanted
TO send him to jail for them.
Mr.. Bal called attention to the tes-
timony Of the chief clerk of the
Fourth Street National Bank that
after seven years the books Of the
bank were usually destroyed.
MY client" said Mr. Ball. has been
the cashier of a national bank since
1888. II It was the custom to destroy
the books. don't you suppose he knew
Il. II he had done what the govern.
ment alleges. he could have wiped
out the whole business by burning the
books, couldn't he2"
Mr.. Ball declared that the individual
ledger, kept by Mr.. Lockwood, had
never been examined by anybody, anC
that only thirty depositors' books out
OF 900 were examined He criticized
the experts for making such a list and
J declared that schoolboy in his first
lesson In bookkeeping would have
known better than TO do such d
thing.
AS fair-minded men, as men recog.
nizing the value of an oath. don't I'm.
ject something into this case thai
don't exist from the witness stand.
said Mt Ball.
This morning Mr.. Bali made an
analysis of all the testimony of tn,
government experts. dwelling at length
upon the testimony of Mr.. Stork and
Mr.. Stockton. who did not agree as "a
H.. IL. t.. L.. A Dell
declared that had Mr.. Kelly anything Il
conceal he would have covered IL uI
and not left his books in such a condi.
tion that any expert could 90 over
them and find the alleged false entries
with no difficulty.
Mr.. Ball argued that the government
had proved no motive for Mr.. Kelly.
alleged false entries, when they wer,
first found in 1898. and il he had nc
motive for making the first false entry
why should he have made it, He de
clarcd that II a shortage had occurred
il would have been found by some on,
OF the national bank examiners VIII,
visited the bank during the years GOV
cred by the allegations of the govern
ment. and reminded the Jury again oI
Mr.. Starks testimony when he stated
he could not say that the bank had lost
cent OF money.
Mr. Ball called attention 10 a mistak,
made by Mr.. Lockwood when he iden
titled figures as Mr.. Kelly's when the,
were not his.
"in such frantic haste 70 convict
this man was he that he failed to lool
at the figures he identified az those o
the defendant said Mr.. Ball.
~ don't intend 10 abuse Mr. Lock
wood. II is not my habit He hal
written his own epitaph by his own ties
timony, and ! shall preach no funera
oration over him.
] Mr.. Ball spoke OF the defendant
reputation in his own community, h
/ reviewed the evidence Of Judge COnral
| who gave Mr.. Kelly an excellent repu
tation which he said exists at tn
i present time. Mr.. Ball went over IN
! evidence of the other character wit
nesses, some of whom had known hin
/ for over 20 years. He touched upoi
! the defendants family relations ant
! In closing said;
And now, gentlemen. send this de
\ fendant back 10 his family, back q
j him daughter, who has sat here ever
day, back to his loving wife. ne'
Il man with this stain lifted from hin
y Send him back a free man, send hiT
back that he may again 90 free In tn
il world TO maintain his reputation h
Y has enjoyed for 63 years In this con
Il munity. Gentlemen, on Easter da.
n on Saturday, I tried to get away frol
Y the burden OF this case and went u
u TO Bethlehem, Pa, and went TO Oh