Omaha daily bee., 1917-09-27
DEATH PENALTY
NOT DEMANDED.
IN KELLY TRIAL.
State Will Not Ask Capital
Punishment II Minister is
Found Guilty of Ak
4 Murders.
BY EDWARD BLACK.

BY EDWARD BLACK.
Especial Correspondent for The Bce.)
Red Oak, Ia, Sept. 26.-(Speci;
Telegram.)-Special Prosecutor "a
vile began this morning the state
closing arguments to the jury in til
Villisca ak murder case. -
| Before a crowd which packed tn
:. court room to the walls the prosecu
tor delivered to the jury the remark
which will play a part in deciding tn
fate of the little minister. ~
Urging the jury against committin,
Kelly to an asylum, Faville intimatel
life Imprisonment will be the penalt,
which the state win demand shoult
Kelly be found guilty. u Z
ADMIRES JUDGE SUTTON.
Il have learned to admire Judge
Sutton" began Faville, "but yester
day he delivered to you a July Fourth
school Grafton which | spoke twenty
five years ago. ....: ~.
During the talk he called hi.
client an idiot, crazy man, car.
load of nuts, q beast, lunatic and
nervous wreck. That won't help you
get the facts of this case. We are
trying Kelley. ,
"Hysham told you yesterday the
Stairs in the Moore home were
-creaky and the murderer could not
have gone up without awakening Mr..
or Mrs. Moore. Don't you think that
little fellow (pointing to Kelly
could shave pussy-footed up those
stairs like cat He was ascending
Jacobs ladder to the bloody sacri-
flee. You have heard from reputable
witnesses that he said the murderer
stunned them first"
No Apologies for Hayner.
"Faville referred to Kelly as a
Servant of the Lord"
Il hold no brief for the attorney
general of Iowa. He can take care
OF himself at any time and at any
place. ! offer no apologies for what
officers of the state have done. They
have done their bounden duty"
The prosecutor contended state.
agents have. done nothing more than.
usual in this case in their efforts to
obtain evidence that justice may be
done.
He said Havner did not speak
word to Kelly at Logan until the
stenographer was there, and all that
was said is now matter of public
record.
"Havner urged Kelly to tell the
TRUTH" Faville continued. "Havner
had no notion of the sermon, Stay
Utterly, or Jacobs Ladder until
Kelly mentioned those matters
Sutton and Hysham said these are the
rawlings OF an unsound mind; that
Kelly was bounded by detectives. /
say il was the consciousness of a
scared soul.
Defines Paranoiac.
IF Kelly can't remember, If his
mind is mere mush, 1 would not be
2 party to prosecuting him. We
brought before you four OF the best
experts we could get.
We have been told Kelly is para
noic. Judge Sutton told us para
noiac is carload of nuts. A para |,
noiac is a man who can preach a SER
mon on. Sunday and on Monday ask
his stenographer to remove her |
clothes.
Kelly remembered and truthfully |
related other matters, and why can't |
ne do the same as to what happened !
hat night? Kelly was eight months I
n the government asylum at WASH
ngton and as soon as he was re-
eased he returned to preaching gos-
ael Of the lowly Nazarene and thirty
lays later he was trying to strip his
'tenographer at Sioux City.
Asks Life Imprisonment.
II am not asking for this mans
ife, because / believe every man
should run his course of years, but /
lsk that in your verdict you send
him to place where he will be un-
.ble to commit these acts.
You have been told that Kelly's
aspiration for book was to see a
nude girl and his inspiration for
sermon was Stay Utterly
I'VE have had too much of this
naudlin sympathy of sending flowers
md dinners to men who go wrong.
"Men have been hung on less evil
ience than has been offered in this
,ase.
He told several persons he was
he first one in the house and saw the
bodies. ] guess he was. He said
he murder was committed between
and l:30. How did he know? He