Omaha daily bee., 1917-09-13
TWELVE MEN ARE
PICKED IN KELLY CASE
Attorney Sutton Protests Juror
Brown, Whose Selection Was
Allowed When He Said He
Knew Much About Case.

understand any juror to have SC
stated" the judge replied.
Attorney Mitchell referred to "Mr
Jones" frequently during the day.
do you have any opinion as to the
innocense or quit of Mr.. Jones?" was
one form of his questions.
Another was: IF the innocense OF
guilt of Mr.. Jones were at issue in
this case, would your opinion in any
way prevent you giving this defend.
ant fair and impartial trial?"
Mr.. Brown, who was the center oi
this legal stress and strain, is So years
of age and is farmer of Red Oak
township. He was the thirty-hrst
man to be passed, the limit of thirty
two being reduced one by the state
waving its tenth peremptory.
Those Stricken Out.
Clerk Brodby then read the names
OF the following nineteen who has
been stricken on peremptories: Me!
Edwards, B. J. Alquist. S. T. Wood
ling, E. V. Hart, Floyd M. Pratt, C.
E. Bacon, J. A. Baird, J. A. Johnson
J. S. Baxter, B. T. Black, w. J. Lang
don, Earl Jackson, Will Jones, D. H
Petty, Theodore Scheerburth, c. NJ
Swanson, Edwin Bergren. George NJ
Kerrihard and ]. S. Baxter. The
twelve who remained in the jury box
arose while the clerk administered
formal oath.
Court Cautions Judy.
In his instructions to the jury
Boies said: THE law presumes that
you are to try this case on testimony
that shall be heard from lips of wit
nesses permitted to testify and to be
governed by instruction of the court
regarding the law on the case"
You are to take into consideration
no other testimony. talk to no one,
and if anyone attempts to talk to you,
or in your presence, it is your duty
to walk away.
IF anyone should knowingly COM
municate his ideas to you, report him
to the court. Avoid making up your
mind until you hear all testimony.
"You owe it to the state, defendant
and to yourselves to observe these
instructions. You will feel it a hard
ship during the case, but you will be
given exercise and arrangements will
be made for your comfort.
Remember that the examination
OF jurors was not testimony. You will
sleep in the court house and will be
in charge of one or more bailiffs at
all times,
"Any communications jurors may
wish to make to families or friends
will be made through the bailiff."
Prisoner Relieved.
Kelly appeared relieved when the
jury was completed. He turned to At
torney Mckenzie to inquire what he
thought of the jury. Mckenzie reas-
sured the prisoner, who scrutinized
the twelve men with new interest.
I'VE are still confident we will
acquit our man. | have my fighting
clothes on" remarked Attorney
Mitchell.
Attorney General Havner was so
pleased that the jury selection was
out OF the way that he attended a
picture show this evening.
One of the duties OF the jury bailiff
is to censor the newspapers read by
jurymen- bY clipping references to the
trial
Detective Wilkerson, who occupies
a seat with counsel for the defense,
invoked judicial wrath again during
the afternoon when Attorney Hess
called attention of the court to a re-
mark made by Wilkerson to Mitchell
in tones audible to some of the
jurors.
Don't let that occur again, or the
temptation to repeat it will be re-
moved" announced the court.
A feature of the examination of
Jurors during the last two days was
the appearance OF R. E. Wolfe, H. S.
Petty and A. T. White, brothers-in-
law o.. w. R. Finlayson, cashier of
the Villisca National bank of which
F. F. Jones is president. Relationship
disqualified them.
Joe Stillinger, father of two of the
Villisca victims, was in courtroom all
day as he was summoned in the third
special venire, His name was not
reached.
Arthur Hersman, a Red Oak car
penter, brought the big laugh of the
day when he replied: Il could be a
fair and impartial juror for one side,
but not for the other"
Kelly has taken liking for Deputy