Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1914-11-19
JURY IN MURDER TRIAL 70 De,
eide MENTAL RESPONSIBLE.
lrv OF DEFENDANT.
JURY IN PREVIOUS TRIAL
HELD KELLY WAS CRAZY
Found Defendant Was Insane Because
Of Excessive Use Of Drugs and
Liauors-keIIy Now in Good Health
Netting New Added to Case III
Trial Now in Progress.
special to Times-Repubilcan.

| Special to Times-Repubiican,
Des Moines. Nov. 49,. When the
lease OF DR.. Harry b. Kelly goesSto the
Jury in Judge DeGraff.s courts some
time next week. the court Wilt again
submit to the. jury the special inter-
rogatory by which the Jurors are re-
CURED to state whether or not, in their
jjudsmsnt the defendant was in fact
insane ct, the time he killed Edmund
Sterling IN a.saloon. in Des MONIES two
and = halt Years ago. The court can
not 6ecApA from this duty and the
Law ers. AeNfng made insanity the sole
Idefeeae Nnfsofs course insist upon the
instruction. being given to answer this
question.
When the ease was tried before DR..
Kelly was declared ito be guilty. of the
crime OF smanslaughter, which is
felonious killing without the element of
malice or intent; but the jurors had
also decided that at the time of the
! tragedy DR. Kelly was insane AS
the tNO things are Inconsistent in that
an insane man can not be held guilty
OF q ffpae. the supreme court set aside
the verdiet and the sentence.
ffr6t Jugs Findings.
1t has been said that the jury in the.
former trial found that Dr. Kelly was
simply drunk and therefore without
knowledge of what he was doing. This
was not what was decided, however.
and tits not the question argued to the
court and jury. The claim was made
in defense and determined by the jury
that DR.. Kelly was actually insane. not
mi " OF hot no.
many other occasions and in fact for.
long time had been subject to spells
of insanity, and these were caused by
drink and drugs and other things. The
same question is the~controliing one in
the present case and is being presented
in the same manner but with an ac-
emulation of evidence along the same
line. The testimony of many persons
is being presented to substantiate the
accusation of insanity, and the hypo-
thetical questions which went to ex-
perts in mental disorders will be pre-
sented again. A great deal of the tes-
timony will be in the form of reading
the report OF the former trial, this by
agreement OF the lawyers In the case.
For this reason the case Is being ma
terially shortened.
Now in Good Health.
At the time Of the former submits
sion to q juryeit was understood that
neither DIR. Kelly nor..his relatives de-
sired to secure release for him at once;
as it was recognized that few years
in place where drugs could not be
obtained would be necessary to put him
in his right mind. DR.. Kelly has been
at the Anamosa reformatory since the
former trial. and is I'm good health
now. ~ r.
II the jury again decides he was ac-
tually insane at the time of the tragedy
he will, Of course, stand acquitted on
this charge. There is remaining the in
,dictment against him for killing Clar-
ence Woolman. who was In charge Of
him when he was being taken to the
asylum at the time Of the tragedy. This
case has some elements of weakness
not in the case for the killing of the
bartender and the county attorney has
been loath to try that in dictment out.
Practically nothing new Is to be
added to the case on either side.