Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1917-09-26

preceded it during the night at Logan.
This was referred to an an "inquisi-
ton" "Who lick their chops like hy-
enas," was a descriptive clause applied
to state agents
Holding up before the jury the type
written transcripts of the Kelly exam
ination in the sheriff's office at Logan
Sutton called them ''books of shame.
He accused Deputy Sheriff Atkins OF
Logan of making love to Kelly until
he got his entire confidence, Kelly
thinking the man who was sharpen
ing a dagger for his heart was his
friend
Hounded into Delusions.
Sutton pictured detectives bounding
Kelly until he had decisions which al
most drove him mad. To support this
Sutton declared that there was no evil
dence showing Kelly unbalanced prior
to the murders. He described Kelly as
being tracked and torn during the
hours of the night preceding the sign
ed confession.
Pointing dramatically 10 picture OF
the GODDESS of Justice which adorns
wall of the court room here, Judge
Sutton said that. when Havner finished
at Logan that night he should nave
had the decency TO come TO Red Oak
and paint that figure in black and
paint in the skull and crossbones. he
called the session" at Logan high
handed outrage against an insane
man.
Judge Sutton encountered a bit OF
Iowa law that he didn't know about
during his argument. He was about TO
read some OF the transcript to the
jury when Attorney Hess pointed out
70 the court that such proceeding was
not proper. The court advised MI.
Sutton that the law would not permit
him to read from the transcript to the
jury.
"S'm sorry can't read that to
YOU" began Mr. Sutton after the in
terruption. but the court warned him
that remark was improper.
Mr.. Sutton declared that Kelly had
never said positively he committed the
crime He talked like he was in
dream" he said. He charged Mr.. Hav-
ner with driving Kelly 10 say he did it.
They put the words in his mouth"
Judge Sutton declared. "Havner told
him about the shadows. Havner told
MN iDouL Lie IA fAeSNA Soie AiANN-
where the AK was
y have an abiding conviction in my
heart that Kelly is not guilty" said
Judge Sutton in conclusion. That ne
is the instrument of man pursuing
another with almost an insane mad
ness.
Outside of his insane confession
there is not word against Kelly eX-
cept his own words out Of an insane
mouth
Says There Were More Than One.
Tom Hysham, of Red Oak began his
argument with an effort to convince
the jury that the state contention that
Kelly committed the murder was un-
reasonable that Kelly could not have
gone into the house on that pitch
dark night and done the slaughtertns.
DO you tell me that Joe Moore and
his wife lay there asleep and did not
hear the thuds Of this AK pounding the
lives of their children?' asked Mr.. by
sham, 1T isn't possible"
IF Kelly would stand UP in court
and swear to his God that he did it, l
wouldn't believe him." was a startling
admission Hysham made to the jury.
NJ i.
murders, declaring it was his belief
that more than one murderer was in
the Moore house that night. He specu-
lated that the axman hid in tho house
before the Moores returned from
church. That the whole family was
killed to cover up the tracks Of the
criminal was another theory advanced.
In my Judgment declared Mr.
Hysham, IAN insane man never COM
mitted that crime. The men who DID
it dhad a motive in their hearts and an
intellect to carry il out so it would
look like an insane man did it." Mr..
Hysham admitted that at one time he
had thought an insane man did it.
Mr. Hysham then went into the
states evidence witness by witness,
picking out the testimony bit by Bit,
seeking to show it would not stand to
reason. Speaking Of the investigation
County Attorney Ratcliff and Sheriff
Jackson made at the time Of the muir
ders he shouted why didn't these
gossipers of Macedonia come forth then
and tell what they knew"
Bitterly Assails havner.
Mr.. Hysham launched an attack on
the prosecution in the closing part OF
his plea. There is a dirty political
ring who have dipped their dirty hands
in the affairs of this county" he cried.
"Why did Havner want to take Kelly
to Des Moines? Why did he want to
take him to Logan? Why did he not
leave him here in Red Oak? Would d !
little man like him not ne safe here?'
pointing to Kelly. At this juncture At
torneys Faville and Hess came to their
feet and put in strong objections TO
the inferent:a1 remarks Of Mr.. Hysham
and the court sustained them.
"Havner knew he had no case con-
tinued Mr.. Hyshan. ''He took Kelly to
Logan for the mysterious work of get
ting a confession from an insane man.
They worked from May till August and
broke him down.
"All along the efforts Of the state
show attempts to get evidence where
none existed
They came TO Logan all organized
to get a confession. The stage was
all set" Mr.. Hysham charged.
Then in voice that fairly shook
the walls of the court room Mr.. Hy-
sham shouted II would rather be a
o,5 1.-Two 10 If davS