Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1917-09-27
KELLY CASE
GOES TO JURY
At RED OAK
Judge Boies Gives Five Blank
Verdicts Covering Range Of
Findings Possible on
Part of Jurors.
BY EDWARD BLACK.

Red Oak, l., Sept. 26.--(Special
Telegram. 1.-The fate of Rev. Lyn G.
J. Kelly, accused of the Villisca ak
murders, rests with the jury. The
case was given to the jurors for de-
liberation at sos o'clock tonight and
they Immediately retired tking the
instructions of Judge Boise.
The court gave he jury FIVE verdicts
any one of which may be returned.
They may find the defendant guilty
either of murder in the first degree or
manslaughter, guilty and insane when
he committed the crime, or not guilty.
As the jury was filing out, Kelly
said: Il tell you again did not know
those people. did not even know Rev,
Ewing with whom / stayed that night,
! did not do that" -
What do you think Of the trial1"
he was asked. that's up to my law
yers," was his response.
KELLY WEEPS AT CLOSE.
After court adjournment Kelly and
his wife was surrounded by a group
OF men and women who shook their
hands. Several women cried and Kelly
wept.
Before sending the jury out, Judge
Boies administered an 9th to the bail
ifs, imposing upon them the, duty OF
guarding the twelve men who are to
pass on the csc. Judge Boies thanked
the audience for its good behavior dur
ing the trial and the crowd cheered
the judge.
At 1:30 o'clock Judge Mitchell re-
sumed final argument to the jury for
the defense, in which he held verbal
clinic over the body ofAttorney Gen.
eral Havner, who followed for the
prosecution without indulging in per-
sonalities.
Judge Boies read instructions for
three minutes. Of the FIVE verdict
forms given to the jury it is gener-
ally accepted that one of three will
be used, namely, guilty. innocent, OF
|rTet-Erfity- s~rcasufi s6f afftfy q.
the time the crime was committed.
Insanity Feature Explained. :
As to the 'ast mentioned verdict,
the judge explained in this manner
You are instructed that in case you
find the defendant not guilty by rea-
son OF the fact that he was insane at
the time the act was committed, the
law of this state requires that the
jury state that fact in its verdict, and
the law further provides that the
court may, if defendant is in custody
and his discharge is found to be
dangerous to public peace and safety,
order him committed to the insane
hospital or retained in custody until
he becomes sane"
The prosecution placed much
stress on the Logan signed confess
sion and oral confessions said to have
been made by Kelly to persons at
various places and times. :
On the confession phase the Judge
read: IF you find that the defendant
was insane at the time or times he
made confessions of his guilt, if he did
make such confessions, and to the ex-
tent that defendant did not know or
comprehend what he was doing or
saying, any such admission or con-
fession SO made could not be consid-
cred against him." lr
The court instructed that the jury
should not consider the fact that
Kelly was not called as witness.
Abstract of Instructions.
Judge ,Boies handed the jury FIVE
forms of verdict. one of which will be
used in determination of the case.
They are:
Guilty of murder first degree"
Guilty of murder second degree"
Guilty of manslaughter."
"Not guilty"
"Not guilty by reason of the fact
that he was insane at the time the act
charged was committed"
Considerable space is devoted in
the instructions to the insanity phase
of the case, On that subject the
court read to TIL; jury:
"The defense OF insanity is made
and relied upon by the defendant in
this case. You are instructed that
the nature, character and degree of
insanity, which exonerates a party
from criminal responsibility, is not
easily explained or understood. 1t is
not necessary that it should be shown
by the evidence that the defendant at
the time of the commission of the act
did not know right from wrong as to
his acts in general The inquiry must
be directed to the act charged. If
you believe from the evidence that
the defendant was mentally unable to