Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1917-09-29
CHARGES
FRAMEUP MADE TO
CONVICT KELLY
Allegation Meetings Were Held at Which Former Senator
Jones Was Present to Plan Campaign; Jury in Murder
Case Dsagrees and is Discharged; Brown Holds
Out for Conviction.

Juror Brown was the only man
who voted to convict Kelly. Juror
Brown is a chum of F. F. Jones and
represents the Jones faction in Mont
gomery county. During the trial of
this case Jones had banquet for At
torney- General Havner in Villisca and
at that time, we understand. Havner
told the guests that one man on the
jury would block verdict of acquittal
and he would make the people of
Montgomery county convict Kelly or
he would bankrupt the county in
numerous trials"
TALKS HAVNER DISBARMENT.
This is the sensational statement
made by A. L. Sutton of Omaha,
when told by {. reporter for The Bee
that the jury in the trial of Rev. Lyn
G. ]. Kelly for the murder of eight
persons in Villisca. had disagreed and
had been discharged. Mr.. Sutton is
one of the attorneys for Kelly.
II think the lawyers of Iowa ought
to start proceedings to have Havner
disbarred for his conduct in securing
the confession of an insane man," Mr..
Sutton further declared. 1--WE have
positive proof that F. F. Jones and
Attorney General Havner have had
various meetings in Des Moines in
furthering their joint fight against
Kelly.
SHIELDING JONES FAMILY.
"The prosecution OF Kelly is only
movement to shield the Jones family.
/ stood up in open court at the be-
ginning of the trial and objected and
protested against Brown being on the
jury because knew him to be the
chum of Jones. The outcome of the
trial proves I was right. Eleven men
voted not guilty on every ballot.
The verdict amounts to a complete
virdication of Kelly. And under the
circumstances ! have mentioned / do
not believe Attorney General Havner
will have the nerve to put Kelly on
trial again."
By EDWARD BLACK.
tstaff Correspondent for The Bee.)
Jury Fails to Agree.
Red Oak, Ia, Sept. 28.-(Special
Telegram. m.)-After the disagreement
and discharge of, the Kelly jury Mont
gomery county exclaims: "What
next?"
The jury went out at sos Wednes-
day afternoon and at l:30 this after
noon Judge Boies summoned the
twelve good talesmen and true into
court and inscribed upon the court
records few words, which legally
discharged the jurors.
At $3.50 o'clock this morning the
jury appeared before the Judge and
Foreman Henry Bruce announced:
I'VE gave a jury we cannot do any
thing with. They won't follow in
structions or anything else"
The court thereupon told them to
retire and try again. At 80 the
jurors were again brought in for fur
ther instructions, which amounted to
request that they endeavor to
reach a verdict. After dinner the
foreman raped on the door of the
jury room and announced the case
was ropeless. Kelly was brought into
court with Attorney Hysham and
within a few minutes it was all over.
Indictment to Stand.
Disagreement of the jury left Kelly
in the position he was before the trial
started. His guilt or innocence of
the Vlllisca av murder has not been
established, and. according to state
ments of Attorney General Havner.
the indictment of the grand Jury will
not be dismissed, which. inferentially,
at least, means another trial will be
held.
The prisoner was remanded by
court to Jail at Logan, Harrison
county, according to order of Judge
Woodruff last May. Kelly's attorneys,
however, are making efforts to have
Woodruff countemand his order by
authorizing retention of the little
minister at Red Ok.
What ae they going to do with
me now?" asked Kelly of Attorney
Hysham.
~ suppose, Kelly, it means an
otrher trial" replied Hysham.
Kelly looked pleadingly toward his
wife and answered, Il don't believe
CONTINUED on Page Two, Column One.)