Omaha daily bee., 1917-09-19
DIDN'T SIGN SAYS KELLY.

DIDN'T SIGN SAYS KELLY.
A solemn hush hung over the
crowded courtroom while the impress
sive doucument was being read to the
jury.
Kelly sat with his head on his hand
ard appeared unmoved during the
reading of the incriminating words.
Il have no recollection of signing
that paper. remember them sweat
ing me from 8 o'clock in the evening
to seven next morning" were the
words Of the prisoner to Attorney
Sutton.
Kelly's defense, it was. made plain
today for the first time will be that
he has been victim Of paranoia OBJ
sessed with the belief he was guilty
of the crime Of another.
STATE ENDS ABRUPTLY.
The suddeness with which the pros
ecution brought its case to conclu-
sion, surprised not only the defense,
but others who believed the states
testimony would be further prolonged,
as nearly 100 witnesses had been sum-
moned.
The only witnesses offered by the
prosecution in, connection with the
confession, were Paul E. Roadifer,
county attorney at Logan, and Lynn
]. Irwin, clerk of the district court
at Logan. Roadifer went into details
to state that the confession was made
as a voluntary act, without promise
of reward Or leniency.
The state called foryt-eight wit
nesses in making its case and the
four attorneys on that side are satis-
fed they have made strong case
against the minister
Outline the Defense.
,Kelly's defense will involve his
mental condition after the Villisca
crime, to show that he has been
victim Of paranoia, obsessed with the
belief he was guilty of the crime of
another.
1--WE expect to make that issue as
one of our defenses," said Attorney
Mitchell, during examination of Rev.
w. ]. Ewing.
Rev. Mr.. Ewing, now OF Deer
Rock, Ia, was pastor of the Presby-
terian church at Villisca at the time
of the ak crime and it was at his
home Kelly remained during the
night of the, murder
This witness was the second called
by the defense this afternoon. Rev.
Mr.. Ewing was being questioned by
attorney Mitchell regarding a visit
made by him and Kelly to the moore
home two weeks after the murder.
"Was there any talk between you
and Kelly about detectives" asked
Mitchell.
The prosecution entered an objec-
ton on the grounds that it was i'm.
material and hearsay.
What is your purpose in offering
this testimony" inteposed the court.
ITO show his mental condition at
that time," replied Mitchell.
Il don't undertand why you have
raised that ISSUE" rejoined the Judge.
Then Attorney Mitchell announced
taht the defense intended to make it
an issue.
CH Monauy NIlOIHey MitCHeH ask
ed DR.. Strate of Sutton, Neb.,
whether he believed Kelly was vic.
tim of paranoia.
Third Degree" Evidence.
In his opening statement Attorney
Mitchell charged that during the al
legged "inquisition," or third degree"
of Kelly while at Logan a few weeks
ago, Charles Bachelar of Council
Bluffs and R. c. Lahman of Missouri
Valley were garbed as desperate high-
waynien, handcuffed and placed in the
cell with Kelly for mental effect. He
referred to these cell mates as "decoy
ducks"
At the opening of its case this
afternoon R. c. Lahman, editor the
Missouri Valley Times, was called by
the defense and examined at length
by Mitchell.
when. and where did you see
Kelly?"
August 80 at Logan Jail. Deputy
CONTINUED on Page Two, Column Onel