Audubon Republican. [volume] (Audubon, Iowa) 1894-1925, 1917-09-13
MUCH INTEREST IN
MURDER CASE
Defense Will Attempt to Show
Preacher Is Innocent by Proving
Another Person Welded Ak

not passive one,as is proven by the
trial which is now in progress at Red
Oak. The attorneys for Kelly are
not satisfied with replying to the
charge made against the little preach
er and to simply meet the proofs OF
his guilt, as submitted by the state.
On the other hand the defense it to
be very active and will attempt to
show Kelly is innocent by showing
that another man entirely welded
the ak which Drained the Moore fam
lily and the Stillinger children. This
is the course which was outlined by
one of the attorneys for the defense.
Under the Iowa law the defendant
in charge of murder does not have
to confine his defense to meeting
the proof brought against him, but
can introduce evidence tending to
show the guilt of third party and
absolutely fail to meet the charges
against himself. If his charges con-
vince the jury that the third
man committed the crime, he him
self is free. That is the statute un.
der which the Kelly defense will be
conducted.
The Jury is Selected
The jury which will hear the trial
of Rev. Lyn Kelly G. ]. Kelly for COM
plicity in the Villisca ak murder was
empaneled yesterday afternoon Just
few moments after 4 o'clock. The
twelve men upon whom rests the re-
sponsible of arriving at a verdict to
determine the guilt or innocence of
the diminutive preacher accused by
the state of being the ak man who
committed one of the most atrocious
crimes in Iowa's history in the home
of Joe Moore in Villisca over five
years ago, are now under oath and
the custody of two deputy sheriffs
With the completion of the jury the
stage is set for the opening of the
trial Thursday morning.
Defense Opposed to Brown
The empaneling of the jury was
preceded by losing fight staged by
the defense in an effort to keep T.
c. Brown, farmer, living about
three miles northwest Of Red Oak,
off the jury. The afternoon was
wearing away and the one man need
ed to complete the panel had not
yet been found. Mr.. Brown was
the fourteenth man who had been
called during the afternoon in the
unsuccessful efforts to get the miss
ing juror. lie was passed for cause
by the state after a brief evamina-
ton. When Mr. fiess asked him if
he thought he could serve as fair
Juror Brown replied:
"Td hate to say that / couldn't"
When Mr.. Mitchell took the juror
he entered upon a lengthy examina-
ton to show cause why Mr.. Brown
would not be competent to serve as
q Juror in this case. Mr.. Brown de-
clared that he had no opinions as to
the guilt or innocence of Kelly. Ask
ed if he had an opinion as to whe-
Their or not F. F. Jones was guilty
Of the murders, Brown retorted:
Not Trying Jones
II und rstand Mr.. Jones Is not
being tried" Mr. Brown admitted
that upon different occasions he had
expressed an opinion as to the guilt
or innocence of Mr.. Jones.
But supposing Mr.. Jones were
being tried, would you have an opin-
ion?" persisted Mr.. Mitchell. Mr..
Hess entering an objection, which
was sustained.
Mr.. Mitchell persisted with his ex-
animation of Brown relative to his
opinion of the charges made against
Mr.. Jones in connection with the
murders. During the examination
Brown passed a remark about film
sy evidence" which promptly brought
a sharp reprimand upon him from
the court, and an admonition not to
make any speech before the jury.
Mr.. Mitchell finally entered a chall-
enge against Brown on the grounds
that he was not competent to sit
as a juror because he had expressed
an opinion as to the guilt or innonce
of F. F. Jones in connection with
the murders.
Albday both sides fought the selec-
ton of the jury and when talesman
made the least showing of being ac-
qainted with anything or anybody
in the most re. ute manner connect
ed with the case ne was disqualified.
A third special venire consisting
of forty talesman was drawn the reg
ular venire and the two special ven-
Tres having been exhausted in the eff
forts to secure jury. BY a curious
coincidence Joseph Stillinger, father
of two of the little girls who were
murdered, was drawn on the third
special venire. He was excused when
the proper time came. The one
hundreth talesman, called proved to
be w. w. Arnold, whose daughter
married Ross Moore, brother of Joe
Moore, one of the victims of the ak
man.
Arnold was not permitted to even
take his seat in the examination chair
but was excused as soon as the oath
had been administered.
Outline Of States Case
The state has determined to ask
that the Rev. Mr. Kelly be hPrged
as the Villisca ak murderer. That
is the latest report from the prose.
cution's side of the table at the trial
While not one word of hanging has
been uttered in the courtroom, Attor'
ney Hess, of the prosecution, made
the statement that the state will de-
mand the extreme penalty IL Kelly
is found guilty.
The defense is already preparing
for defeat and is laying plans to take
| the case to the supreme court IL the
decision Is against Kelly. This was
| brought out in the summoning of 9
second special venire. when Attorney
Sutton of the defense, refused to give
his consent to ascertain form of sum
mons and said: "You must use YOU
| own judgment, II wrong, II will &C
as q reason for a new trial IL the yer
dict is against Kelly. A lawyer mus
expect the best and prepare for thu
worst"
One hundred subpoenas for wit
nesses for the state were issued by
the county attorney early Tuesda.
morning and deputies started t
serve them at once. This is only thu
first batch of witnesses, the stat
having signified its intention of us
ing nearly 200 witnesses in the pros
| ecution.