Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1917-11-26
KELLY ACQUITTED
Of TX MURDERS.
SECOND TRIAL OF iTiNERANT
PREACHER GIVES HIM HIS
FREEDOM.
~ NIFI.H 8aI4-.- Y ~ II-" .----
ONLY ONE BALLOT
BY JURY NECESSARY
vsrdlet Reached After -Four and One
Half Hours Dslibsration-ksliy Goes
1 20 Home Of Friend and Will Rest
Says He Will Einish Writing Book
wi'ksr'on Crowd Jub''.nt.

Red Oak, Nov. 2S.-Rev Lyn G. J..
Kelly is free man. -.
The jury that heard his second trial
in district court here for the Villisca
AK murders Of 1912 thus decided late
Saturday night on the first ballot after
four hours and twenty five minutes
consideration. re
The preacher spent the night at the
home Of e. p. MCLEAN. Of this place.
the first night he has slept outside Of
Jail for eight months Mr.. and Mrs.
Kelly will stay at the Mclean home
until the preacher recuperates from
the strain Of the two trials, when he
will resume work on the book Of his
life he is writing. Attorney General
I Havner would not say whether an at
tempt would lbe made to put Kelly in
an insane asylum.
There is much Joy among the So
called Wilkerson crowd.
Five Possible Verdicts.
The Jury, which left for its rooms at
4:10 o'clock Saturday afternoon, was
told by Judge Wheeler that it could re-
turn one Of Ave verdicts: Murder in the
first degree, murder In the second de-
gree. manslaughter, not guilty or not
guilty because insane.
Kelly spoke aloud In the court room
for the first time Saturday afternoon.
During his argument, which was the
last of the day, Attorney,General Hav-
ner touched on the bloody shirt al
legged to have been, left at the Bluff
City laundry in Council Bluffs by the
preacher. Havner said the defense
neglected to ask Mrs. Kelly whether
her husband took any extra clothing
with him when he left Macedonia for
Omaha on the trip on which he Is al
legged to have left tie garment. Kelly
who was closely following the attorney
general. half rose from his chair and
exclaimed. ASK her now" He sank
back when Judge Wheeler raped for
order.
History Of the Kelly Case.
The indictment against Kelly was re-
turned In April on the last day OF the
grand jury's sitting. Trial was set for
June, but was postponed to Septem-
Der on request OF the state. 1t began
Sept. 4. Attorney General III. M. Hav-
ner, County Attorney Oscar Wenstrand.
Special Prosecutor F.~F. Faville, of
Storm Lake, and J. ]. Hess. of Council
Bluffs, represented the state and Judge
A. l.. Sutton, Of Omaha: John J. NC
Kenzie. Of Omaha; w. E. Mitchell, Of
Council Bluffs, and Tom Hysham, Of
.Red. aOak, ,the defense. A feature Of
the trial which lasted four weeks was
confession which Kelly was alleged
to have made at Logan. The jury dis
agreed one Juror, n: C. Brown holding
out for conviction because Of the con-
fession.
The present trial began Nov. 10. The
same attorneys appeared except that
Former Senator Shirley Glliland, OF
Glenwood, took the place Of F>avlHe.
The confession evidence was not used
in this case.
Money for the defense Of Kelly. ex-
cept the fee Of Mr.. Hysham. which the
county pays came from the Iowa Pro-
tective Association. an organization
formed by detective who had been
working on the case, J. N. Wilkerson.