Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1917-09-28
One Man Alone Stood in
Way Of Freedom For
Accused Minister.
INDICTMENT WILL
NOT BIZ DISMISSED
Attorney General Havnsr Says State
viii Not Give Up-Jury stood11 to I
For Aequittai on All Of Twenty Two
Ballots Taksn-Judss Boies Trans
fsrs Case Against havner For
Oppression 20 Harrison County.
IBy 4 stan Correspondent ]

! II
fBy STAR Correspondent
Red Oak, Sept. 2s.-The Kelly jury
was discharged at 1880 O'Clock this
afternoon, without reaching an agree
ment. Tho foreman said there was
mo chance Whatever for an agree
ment.
Wen not dismiss the Indictment"
says Havner.
The first ballot taken was eleven to
pne for acquittal and Il never changed.
Twenty-Five ballots were taken. Kelly
was remanded to the Logan jail with
out bond.
While the eleven jurors were voting
for straight acquittal. the lone juror
who caused the disagreement insisted
upon voting Not guilty because of in
sanity" which was in violation of the
instructions of the court in specifying
the various forms of verdict which
might be returned.
One Stubborn Juror.
After being out for over forty-two
hours the Kelly murder jury seemed
nearing an agreement this morning.
This was indicated to Judge Boies at
1880 o'clock when he called the Jury
to the box. prepared to discharge them.
if there appeared no hopes Of arriving
q q verdict After being informed BY
the foreman. Henry Bruce, that no YER
dict was vet ready Judge Boies asked !:
.Dcf you think flfere ls Z chance 81
an asreenent7" 4
i There sssms 70 be-" the foreman
sspaled. " ~
you may retire. then. ordered the
court.
One Man Holds Out.
Foreman Bruce basea his opinion
that verdict was near because, he
said. 'one man seems not to follow
the instructions OF the court" Judge
Boics had the jury in the box once
before this morning. At $3.50 he called
them into court and asked IL II was
. question Of fact or instructions that
was causing the deadlock.
we have one Juror that won't listen
to reason or anything else," the fore
man replied, giving further foundation
to the persistent stories which have
been going the rounds that the jury
was hopelessly deadlocked because Of
the position one man had taken. Judge
Boiee than read some further instruc-
tions, In which he said:
do not let mere opinion once ex-
pressed blind you to the truth" He
called their attention to the fact that
another trial would be a great expense,
! that another Jury would be no bet
ter prepared to find verdict.
Havnsr 70 ee Tried.
Attorney General H. M Havner will
be tried at Logan, Harrison county, on
the Indictment charging him with op-
pressing the witness, Alice Willard. in
connection with the investigation OF
the villisca AK murders. which resulted
In Kelly's arrest. Judge Boies this
morning granted the application for a
change Of venue. Excitement and pre-
judice In rontgomery county against
the attorney general were the grounds.
J. M. Parsons. of Des Moines: Robert
Healy. Of Fort Dodge. and Lewis Miles,
sof Corydon, are representing the at
torney general. The indictment was
returned sept. !.
History Of Kelly Case.
Trial Of the Rev. Lyn George ]. Kelly
on an Indictment charging him with
the murder OF 11-year-old Lena
s6killingeF. one of the eight victims Of
he villisca AK slayings Of 1912 began
In the, district court here Sept. 4.
Figuring prominently in the states
case were q number OF confessions Of
guilt the little clergyman was alleged
to have made, while one Of the latters
main defenses was that he was
mentally irresponsible when he made
statements duplicating himself
s Forty-seyen witnesses. including
many former parishioners were used by
the state In presenting its case, and its
numeroue exhibits admitted as evidence
Included signed statement Of guilt
the defendant was purported to have
made while In jail at Logan. Iowa, a
few days before the trial opened.
IA their effort to refute the charges
OF the prosecution counsel for the de-
.. = !. : Es.ft.,- Eve witnesses among
them the clergyman's wife. Several
alienists and others testified Kelly was
victim Of paranoia and of ''unsound
mind. when he made statements In
volving himselfSln In the crime.
Testimony Of witnesses for the state
80 intended to show that Kelly had
talked Of the murders on train and
- his home tOwnsof Macedonia, Iowa,
more than thirty minutes to an hour
bek0fe the crime Ii generally known to
i have been discovered. &.
Gtate WttnsegS also testified that he
W.