Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1917-09-19

Mr.. Lahman, who Is editor of the
Missouri Valley Times, said he first
saw Kelly on Aug. 80, Of this year, in
the county Jail at Logan. Mr.. Lahman
declared he was summoned to Logan
by George Atkins deputy sheriff. This
was about 8 o'clock in the evening, he
said. When he arrived in Logan IN re-
SponSe to the summons Lahman said
he went first to the office Of Sheriff
Myers, where he found Mr.. Risden, a
state agent, Attorney General Havner
and Mr.. Bachelor. Mr.. Hess was not
there then, he said.
Mr.. Lahman said he and Mr.. Bach
elor were handcuffed together. He was
wearing his ordinary work clothes but
Mr. Bachelor was clad in overalls and
dark shirt.
In explanation of the Handwriting Mr..
Lahman asserted they told him that
Kelly was afraid Of detectives and that
they wanted to place them in his cell
in the disguise of criminals to note
what effect the serving Of the notice
Of testimony would have on Kelly.
What role did they assign you?"
asked Mr.. Mitchell.
Il was an automobile highwayman,'
the witness answered
And Mr.. Bachelor?"
'We were partners in crime" re-
turned Mr.. Lahman.
After being handcuffed Lahman said
placed in the main cell with Kelly and
another man, real prisoner. At this
stage Of the drama, the two highway
men" inquired of the deputy what they
were in Jail for. The deputy then in
formed them they were in for holding
up an automobile party. The hand
cuffs were removed as soon as they
were put in the jail.
Stage Set to Trap Kelly.
Five or ten minutes later Sheriff NJ.
D. Myers appeared in the Jail with the
testimony of over eight witnesses to
read to Kelly. Lahman said he and mis-
partner were brought out into the cor
ridor for this act Of the drama, Kelly
taking a seat across from Sheriff
Myers. -
After Kelly had been told that it
was necessary to read some testimony
to him as required by law and the
reading had commenced Lahman said
the preacher appeared very nervous
and very pale"
"At each little sound Kelly would
wheel half his body in his chair to
locate. the sound" Lahman declared In
describing kelly's appearance at that
time. Every movement was Of a very
nervous kind, sharp and quick
did you notice any change in Kelly
a ho a
Mr.. Mitchell.
yes"
Describe that change"
The nervousness increased. He be-
came more intentTIn his movements .
Lahman answered. s~s ,--..->
Mr., Lahman said ne did not see any
stenographer present. They were in the
Jail about two hours and possibly
longer, he asserted, the reading con-
suming all the time.
Kelly in Denial.
Now and then Kelly would inter-
rupt Myers with: You know that isn't
true. It's a lie"
Asked as to whether State Agent
Risden had said anything, Mr.. Lahman
recalled one statement he made. He
said, It looks bad, Kelly "the witness
declared. Mr.. LahInan said he did not
hear anybody say: That will break
your neck, Kelly"
Il recall one remark I made" Lah-
man admitted, when Mr. Mitchell ask
ed him if he had said anything.
I remember saying to Kelly once
that If they had evidence on him he
surely ought to tell the truth"
Referring to another man in the Jail
at the time as one Of the "decoy
ducks" Mr.. Mitchell asked the witness
what, if anything, he had said.
"He told Kelly to tell the truth" the
witness answered. HE told us that
Mr.. Kelly kept him awake at nights,
and he told Kelly if he did this, to be
a man and tell the truth and not let
some innocent man suffer"
When Sheriff Myers was about a
third or half way thru the reading Of
the testimony, Lahman said Kelly
wanted to see Mr.. Havner. Myers said
that Havner was going on late train,
and that he didn't propose to stop
him unless Kelly had something to
tell him." Risden offered to try and
stop Havner, Lahman said.
WAS Kelly sobbing or crying?" ask
ed Mr.. Mitchell.
Its a little hard to say" answered
the witness. "He had a sobbing voice,
but l saw no tears
Now, basing Your opinion on what
you have testified, I want you to tell
the jury if in your judgment Kelly was
Of a sound or unsound mind ?"asked
Mr.. Mitchell, coming to the crux of
his examination.
TN not competent to judge parried
Mr.. Lahman.
II want your opinion" pressed Mr..
Mitchell.
Il hardly know how to answer" re-
piled the witness.
I'm jus. asking your opinion" re-
peated Mr.. Mitchell, to which Mr..
I,ahman again replied: HE was real
nervous, what you might term flighty.
I'm not competent TO say if he was Of
unsound mind"
Says Kelly Was Insane.
Mr.. Mitchell insisted with his ques-
tions to Lahman as to what was his
judgmen on Kelleys condition Of
mind.
"Unsound," finally replied Mr.. Lah-
man, and he was excused without
cross examination by the state.
The state put in repeated objec-
tions to the defense's questions regard
ing Kelly's mental condition but Judge
Boies overruled them at every turn.
J. w. Knoell, Villisca photographer,
and John Montgomery, father of MUIR
dered Mrs. Joe Moore, were the last
two witnesses examined by the defense