Omaha daily bee., 1917-09-27

during time when he was preaching
the gospel and no state agents or de-
tectives were around. Are you going
to turn this man loose in the face
OF such fnountain-high testimony
from reputable witnesses?
u want Kelly put behind stone
walls, where he will be cared for
and kept. '-,
II don't believe one of you hon.
estly believes Albert Jones went into
the Moore house that night"
Faville urged the jury to weigh
carefully the confession and "the
bloody shirt features, you can't
get away from the bloody shirt. Why
didn't Kelly put his name on the
slip when he left the laundry at
Council Bluffs?" :
Mitchell Addresses Jury.
w. E. Mitchell of Council Bluffs
began at 1850 the last argument for
the defense to the jury. Hs is an i'm
passioned speaker and made. this ad-
dress the effort of his life. "Once
and for all, / want to declare to YOU
that Kelly has said he is not guilty."
Mitchell began!
He said Kelly had been preaching
the gospel with success until the time
OF the crime. y
THE state contends" Mitchell con-
tinued, that Kelly is insane, and vet
they ask for penal servitude. Upon
that basis you should return a verdict
Of not guilty.
IF Kelly had a delusion in, which |
God told him to slay eight people, he
would not have concealed il. He
would have walked back, complacent
and proud, that he had followed the
distate of his creator" Reviewing
kelly's movements at Villisca Satur-
day and Sunday, he, declared there
was nothing to show he was not sane
At that time. i /
No Homicidal Tendency.
Nothing. to show that up to the
late of the crime Kelly was moral
oervert or had homicidal tendencies.
Experts will tell you that a paranoiac
will not develop homicidal tendencies
n tive minutes or an hour. If the
prosecution is to be believed, then
Kelly is an anomaly. Not until two
'ears after the tragedy did Kelly
manifest any tendencies which theyI
re talking about" Mitchell attacked
he probability OF Mr.. and Mrs. ST.
nonds having met Kelly on the train
ne morning of June 10, as claimed.
he held as improbable the testi-
nony that Kelly referred to the crime
,efore its discovery, because, he ar
yued, some one must have reported iti
o the authorities at the time when the
ragedy was the topic Of general COM
'ersation.F sssa ..5sa
1T was buried In. the breasts of
he witnesses, if they are telling the
ruth. The least responsible, evidence
! the world is that which is offered
tter a lapse of years." -
Resuming his arguments at the
fternoon session Mitchell analyzed
ne evidence, piece by piece, to show
hat the Macedonia witnesses. could
ave been mistaken as to the time
f meeting Kelly.
This alleged confession states that
fter Kelly killed eight people he
'ent back to bed. | don't care
'hether he wore his pajanlas or his !
Y DIS, he would have left evidence
t his crime on his bed at the Ewing
ONE if that confession is true. There
'as no evidence that the shirt which
'ent to the Council Bluffs laundry
ad one drop of blood on it. The
oint make is that Kelly had no
lch shirt on at the time of the trag- :
Are you going to convict Kelly J
eeause he made statements after he
ad been committed to an asylum,
nd the men to whom he made state !
tents did not attribute enough inn
ortance to advise the authoritiesp ,
He attacked the Logan matter, say {
lg the prosecution could have legal I
, served notices on Kellys counsel {
lstead of on the defendant himself {
the Logan jail, with two pseudo S
Ighwaymen to accomplish their pur-i {
ose by fear and intimidation. {
Hounded by Detectives.
Remember, gentlemen, Kelly was
preached by profession. Imagine
le effect of Buell., Longnecker and
'Leary bounding him. Detectives
ere the bane Of his life. The only
onder is he did not go insane
ooner.
"Havner told Kelly a dozen times:
o1au1anxn.,