Omaha daily bee., 1917-09-26
KELLY WHOLE :
LOAD OF NUTS,
SAYS SUTTON.
Insanity Defense Put Forward
by Attorney for Accused Min
iSter; Prosecution Waves
Ak Before Jury.
BY EDWARD BLACK.

(From a,>Staff Correspondent to The Bee.
Red Oak, Ia, Sept. 2s.-(Special
Telegram 1.-The attack by Attorney
A. L. Sutton on Attorney General
Havner, State Agents o. o. Rock and
Bill" Griffin, and Deputy Sheriff
George Atkins Of Logan, with Attor.
hey Sutton's tears, while relating
Kelly's life to the jury, furnished the
supreme moments of this afternoons
session of the trial of Rev. L. G. I.
Kelly for the Villisca AK murders. The
day was taken up entirely with argu-
ments, J. ]. Hess of Council Bluffs
opening for the state and Thomas
Hysham following Attorney Sutton
for the defense.
This is the thinnest evidence ever
presented to any jury in Montgomery
county" began Attorney Sutton, in
the closing arguments for the efense,
just before his eyes filled with tears,
which he absorbed with a handker-
chief.
From early boyhood Kelly's ambi-
ton has been to preach the gospel, an
ambition not characteristic of degen-
crates. If man was so devoted to
the calling of his father and grand
father, believed he was called by
Christ, and underwent many hardships
during years of study, do you believe
he indicated the marks of the degen-
crater" asked Sutton and then he
paused in his emotion. His eyes were
red, and tears were visible.
CHARGE OF CONSPIRACY.
Sutton charged Havner, Atkins and
Rock with having been conspirators in
an effort to extort a confession at
Logan. At kins was named as the
william" in the affair, and wanted to
curry favor at the hands of Havner.
Chief State Agent. Rock, whose home
is at Logan, was referred to as Tick
ing his chops" while the alleged Kelly
inquisition was going on at Logan.
State agent, Billy" Griffin, was men,
toned as the "smoothest of the
smooth"
Kelly IS a nut, carload of i,uts,"
was one of Sutton's references to his
client" .a.f.--. n
When Sutton declared that at
Logan, Havner promised to do some
thing for Kelly,if Kelly would "come
across he added this remark: "Hav-
ner has not done anything for Kelly |
yet, and he should keep his word with |
an insane man, even if he will not,
with sane man."
Confession Book of Shame"
The laughter which followed caused
Judge Boise to warn the crowd that
further laughter would mean clearing
the court room. ...
:. L will appoint,a hundred deputies
If necessary to keep orders" an
nounced the court.
Sutton said he would read to the
Jury ]. J. Ferguson's transscirtp of
the Logan night session between
Kelly, Havner, Hess and others.
Hess entered objections
under the Iowa laws, as the transcript
already had been ready by Ferguson
"a Soui ts t1uttclI thSII SidliiIIlGu VOtullle 1
of typewriter pages on to the table,
md designatedNit as "The Book of
Shame"
He charged Havner with "prosti-
uting his high Office" and added:
All we have is an insane confession +
@ protect somebody else and to get
Boys Crime Planned.
"Kelly is between two millstones-
1avner and Wilkerson. Kelly may
laye to go to an asylum bcause
davner hates Wilkerson. 1t is a
rick to pick out half-witted victim
Ind fasten &C rime on him because
lie has no defense.
II believe this crime was carefully
planned scheme and it is usual is in
uch cases to try to fasten ii on some
,ody else.
Il ask Havner to state which one
'f three reasons brought out by him
:aused Kelly to commit this crime:
Continued nm Pare Txvo CoIu,nu f)uaA