The Oskaloosa herald. (Oskaloosa, Mahaska County, Iowa) 1885-1919, 1917-09-06
HAVNER INDICTED
BY GRAND JURY
ATTY GENERAL CHARGED WITH
OPPRESSION IN OFFICE"
THE REV. KELLY TRIAL OPENS
Little Actual Progress is Made the
First Day-state Asks Time to
File Motion Presenting New
Evidence in Case.

Red Oak, Ia, Sept. 5.-The indict
ment of Attorney General H. M
Havner on a charge of Oppression
in office" by the Montgomery count,
grand jury and the placing on tria
OF the Rev. Lyn George J.. Kelly or
the charge of numbering Lena Still
niger, one of the Villisca ak murder
victims, were the big features of the
first day of the famous trial in Red
| Oak.
Little actual progress was made in
the Kelly trial. Court convened in
the morning, and statement was
presented by the state asking permits
sion to file motion for the intro
duction of new evidence. An adj
journment was then taken to permit
the preparation of the motion.
Selection of jury to try Kelly
began today. Thirty-six jurors re.
ported yesterday and an additional
venire of seventy-five was summoned
for today.
Kelly was brought here from Logan
by automobile in custody of Sheriff
Dunn of Montgomery county.
He appeared composed when
brought into court. His wife, a de-
mure little woman, was seated at
the counsers table. Detective ]. N.
Wilkerson was another prominent
figure, and Attorney General H. M.
Havner occupied the customary po-
sition of the prosecutor for the state.
A whole bevy of attorneys are on
the job, including Havner, F. f. Fa-
vile, special prosecutor, ]. j. Hess
and County Attorney Wenstrand for
the state. Judge A. l.. Sutton of
Omaha, w. E., Mitchell of Council
Bluffs and j. A. Mckenzie of Omaha
for the defense.
The grand jury made its report in
the morning, but the indictment of
Havner was not made public until
late in the afternoon. The attorney
general submitted to formal arrest
and gave bonds for a hearing at a
later date.
Immediately after the announce
ment of the indictment, Attorney
General Havner gave out this state.
ment to the public:
Il am indicted under section 49OS
of the code which reads as follows
eff any judge or other officer, by
color of his office, willfully or mali
ciously Expresses any person under
pretense of acting in his official ca
pacity, he shall be fined not exceed
ing $1,000, and imprisoned in the
county Jail not more than one year,
and be liable to the injured party for
any damage sustained by him in con-
sequence therefor
"The specific crime charged is
oppression in Office by the use of i'm
proper methods in examining Alice
Willard, witness in the tJones-Wil-
kerson SANDER suit, and later before
the grand jury in connection with
the attempt to indict F.. F. Jones.
THAT such an indictment could be
returned is evidence of the condi-
tons that matters are in in this COM
munity after three years and one
half of incessant farming of public
sentiment by Wilkerson.
This indictment, returned on the
eve of the trial of Kelly, after an all
summer session, is instigated by a
desire to intimidate me in the prose
cution of this trial, and in connec-
ton with the prosecution of Wilker-
son on a charge of criminal conspir-
acy.
So far as the charge itself is con-
cerned, there is not a word of truth
in it.
"All that we have done is to do the
very best we could in trying to clear
up this murder mystery, and be-
lieve we have found the guilty man.
IF that is the penalty for doing
our duty, must face the charge and
any other similar ones which may be
made, and regardless of this indict-
ment or any other similar intimidat-
ing action. | intend to keep on doing
my duty in Montgomery county as
much as | can.
Il have no fears that conviction
will result from this indictment and
l will welcome thorough presenta-
ton of the facts in court.
"The whole situation shows the
danger to the state and to the public
which results from three years
farming of community such as has
been practiced by this man Wilker-
SON"