Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1917-05-16
kELLY'S LAWYER
SAYS SOMEONE'S
Being SHIELDED
Judge Sutton, for Accused
for Accused Minister, De-
CIares Effort Being Made
to Railroad His Client.
By coward BLACK,
Staff Correspondent of The Bee.

Staff Correspondent of The Bee.
Red Oak, Ia, May 15.-(Special
Telegram.)- 1.-THE plan to take Kelly
to Des Moines and put him i'll an
asylum for the Nilllsca ak murders is
concocted to shield someone whose
lame has not been mentioned"
This was the statement tonight of
Judge A. L. Sutton, attorney for Rev.
Lynn George J. Kelly, itinerant
preacher. who was today held for trial
i'll Montgomery county on waving
examination over the request of At
torncy General Hayner of Dcs
Moincs. The court refused to permit
the ministe'' S removal to Des Moincs
and he will be taken TO Logan for i'm
nrISonmcnt III the Harrison county
Jail tomorrow.
Asks Contempt Proceedings.>
Judge Sutton, who had won a point
i'll favor of the accused man, further
declared he would, as soon as oppor-
tunity offered apply ior an ORDER cit
ing both Attorney General Havner
and County Attorney Westrand for
contempt tor allowing the evidence
disclosed N secret proceedings of the
grand jury room to be published in
the papers.
The Indictment against Kelly was
returned April 30," declared Judge
Sutton, "and !, as his attorney, went
to Illinois and brought him back be-
fore the authorities here would accept
him as Their prisoner"
The defendant himself tonight re-
iterated his statement of the day that
he was most certainly not guilty"
innocent and Sane"
HE is innocent said Judge Sutton,
"and sane
These statements reviewing de-
velopmcnts of a day of sensations in
this city that has already often been
stirred with following and atrocious
crime Of five years ago, reveal that
the trial of the accused minister, when
1t does come, will be one of the Lard
est fought criminal cases in Iowa
criminal history. Under the surface
there is much comment, whatever SEN
timent being voiced in the defendants
favor coming largely from what is
known as the "anti-Jones" faction.
Mrs. Ross Moore, wife OF brother
OF the murdered man, today at Vii
llsca smiled when she was asked her
opinion as to the guilt of Kelly. Her
1usoanu' nsu.;' dlso lauened "ilen the same
Iueet'oIi t, was put 10 Niin' m afraid
i,n t',a. a;I GJ'' "l Neu YAK won mold hinl,
nc Sd'u.
,,r ot the oiheT hand Souhty Attorney
W estrand oeclared; we have mass
Vi eV'uehIG:
Juuge woodruff III response to a
request ior all early trial, declared to
in date' saying ne was too busy at
present 10 handle the case.
AS to Contempt.
III stating the defense would at
tempt 10 start contempt proceedings
against the counsel for the prosecu-
ton A. l. Sutton, former district
ludge OF Omaha, who, together with
Attorney a, ". +. Mitchell of Council
bIuifS, Ia, IS representing Kelly, said
mat grand jury evidence" appearing
IN morning papers today could have
been obtained from only two sources.
he cited these sources as the county
OF. the attorney general, and
said ne, did not hold the former re-
sponsiDle. lie declared the action
would be attempted as soon as the
Judge would grant hearing.
Attorney General Havner, though
not present at the hearing this morn
ing when Kelly waived reading of the
Indictment and entered plea of not
guilty, arrived in time to appear at
the afternoon session. 0. O. Rock,
SPECIAL agent from the attorney gen.
eFal 5 oHlee, also was present.
Surrornded bv 5000 e'eF' ~ poJ Oot.
townsnrnnic and ot' monv N,;,I;sca =; Nca GdN c;a
zcns wbp rerted I ''4 ,ho YUM. m'.tNa I .iti-
4 oIi,, ,L;e .f,a.mo, en ',.L ntJ noI' IoolIi;