Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1917-09-05
Attorneys for Defense in
Villisca Murder Trial
File Protest.
Boies overrules Objections and Will
Try Case-Severai Of veniremen Ex-
anfined Admit They Have Formed
Opinions and Believe Kelly Not
Guilty-First Six Men, Called to Serve
Dismissed.

Lyn q. J. Kelly, charged with COM
plicity in the villisca ak murders, en-
tered an objection to Judge w. D.
Boies, Of Sheldon, hearing his trial
when court was resumed this morning.
Red Oak is in the Fifteenth judicial
district and Judge Boies comes from
the Twentieth district.
There are FIVE trial judges in this
district" said Attorney Hutton, for
Kelly, land we see no reason why one
OF them should not preside at this
trial" %
Attorney Mitchell. OF Kelly's counsel,
also said he could see no emergency
existing which would necessitate going
out Of the Fifteenth district to get a
judge to preside.
Judge Boies overruled the objection,
observing that he had been directed by
Chief Justice Gaynor to come here and
preside
$50 Juryntsh Have Opinion.
Selection Of a. jay was then imme-
diately undertaken. and at noon six
jurymen. had been examined, four being
passed for cause and two excused. Ed
Sausman, OF Red Oak, the first juror
called. said he had an opinion that
Kelly was not guilty, and the state
challenged him and he was dismissed
over the resistance Of the defense. E.
r. Hazelton, a Villisca carpenter. also
was excused after he had admitted
holding an opinion. The states chal-
lenge was resisted by the defense.
Jurors are questioned In detail con-
cerning their knowledge and relations
with the so-chlled Wilkerson propa-
ganda and tho attempts to fasten the
crime on another besides Kelly. Some
OF the states Inquiries have to do with
IN alleged organization formed by
Wilkerson and referred to as the iowa
protective Association, and having for
IT'S alleged purpose the raising Of funds
. defend the accused preacher. Joe
Stillinger, father Of the murdered
Stillinger girls, is said to be president
OF this society. SBantering remarks OF
Attorney Mitchell directed at Attorney
ssneral Havner drew a reprimand
1rom Judge Boias, who declared he
would tolerate no side remarks from
attorneys.
Il I
Fechnioality Causes Adjournment
= legal technicality caused the ad-
Jouinment Of court yesterday after.
noon about 1880 o'clock until o'clock
tnls morning. According to law, notice
oI testimony to be offered against a
oeIel1dant must be served him -four
days from the opening of the trial. II
seems that the state did not serve no.
! tlce Sf the testimony in connection
with the confession incident until lasI
saturaay. And to allow the required
lour Gays to matures states attorneys
asked for a continuance until Wednes-
Gay Counsel for the defense objected
70 any continuance but finally con-
sented to allow the case to go over
Wnep II could be done, without a waiv-
or OF aily Of their rights.
Sympathy For. Kelly.
A remarkable feature in connection
with this case is the sympathy which
10 genera lly expressed here for the ac.
cuseo PREACHER. This afternoon wher
court adjourned many Persons crowded
around nim to shake hts hand. Among
THESE was John Montgomery, father OF
the murdered Mrs. Joe Moore, whe
feels that Kelly is not the ax-man
VINO sIaug htered in the home Of his
daushter on Sunday night June 8
-lsla= MT Montgomery y. !. contributing
money for the defense OF Kelly. 9th
or reiatWes of the ax-man's victims
also are said to share his views.
In event the defense seeks to follow
the Wlikerson theory of The ak mur-
der and attempts to show thai
"Blackie" Mansfield did the murder a.
the detective, has claimed, the state u
understood TO be preparei to put
Mansfield on the witness stand. .s1
w. q. MITCHELL of Council Bluffs
who won 2 Verdict for Detective VIII.
kerson in his Islander suit last fall ar
rived an Red Oak to assist in Kelly.
defense. ~ ~ y fz35 y &
The court room is crowded, to- 1t,
capacity. Judge Boies ISSUED q timel,
admonition to the crowd to preserve
quiet, that thei trial may proceed ii
orderly fashion. He cautionei that hs
did not want TO lay Gown any rule.
Ia advance In order to maintain the
dignity OF the court. Interest here IN
Red Oak in the lease . at hitfi pitch
Little groups lof men are rathsrsc
shout the court house ieWn diicuesinS
The latest deveiol, ol,naents q the c6ssy