Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1917-09-26
ATTORNEY GENERAL ACCUSED
or PRosTITuTlNG OFFICE
FOR PERSONAL REVENGE.
SUTTON AND HYsHAM
MAKE BITTER ATTACKS
Dramatic Scenes in Court at Red Oak
as Attorneys For Minister Accused
Of viIIisea Ak Murders Make Their
PIsas-AIlese Kelly is Prosecuted
For Revenge Against WiIkerson.
~ a STAFF Correspondent

tuted his office" in getting a confession
from an insane man and that there is
a dirty political ring that has dipped
its dirty hands in the affairs of Mont
gomery county" were among the sen
sauonal declarations contained in
bitter personal attacks upon the attor-
ney generals office featuring argu-
mcnts OF counsel for defense in the
Kelly trial The attack was opened by
Attorney A. L. Sutton, of Omaha, who
made the first plea in behalf OF the &C
cused preacher. He assailed not only
the attorney general personally but
state agents and others as well who
ne claimed belonged to Mr.. Havner' s
political machine" Among other things
Judge Sutton said in his argument
that the people of Iowa should remove
the attorney general from office and
not permit him to practice law until
he is punished. Tom Hysham. of Red
Oak, who made the second plea for
Kelly, was equally as vitriolic in his
arraignment of the prosecution.
A Dramatic Moment.
Several times during his plea Judge
Sutton's eyes were filled with tears. He
first broke down and wept when he
was paying a beautiful tribute to the
devotion and loyalty which Mrs. Kelly
has shown her accused husband. 1t
was a dramatic moment in the court
room when the attorneys eyes filled
with tears and his voice choked with
emotion.
F. F. Faville, Of Storm Lake, con-
tinued the arguments of the state this
morning. He will be followed by ".
e. Mitchell, Of Council Bluffs, who will
close for the defense, and Attorney
General Havner who will make the
closing plea on behalf OF the state. The
arguments probably will run into
Thursday.
Judge Sutton began his argument
Tuesday afternoon by charging the
prosecution with dragging foreign cir
cumstances into the trial in order to
poison the jury's mind. The fires at
Sutton Neb. and the sending Of obscene
letters through the mails charged
against Kelly were among the features
of the trial which Judge Sutton said
had been introduced to poison the
minds OF the jurors. Judge Sutton
argued that those matters had nothing
to do with Kelly's guilt or innocence
on the charge OF completely in the
Villisca murders and said they were
brought in to make it appear that Kelly
was bad man and ought to be con-
victed on general principles.
Kelly Surrendered Voluntarily.
Judge Sutton recounted bringing
Kelly to Red Oak little over four
months ago from Chicago and sur
rendering him to the authorities. DO
you think l would have brought him
to Red Oak and surrendered him to a
Montgomery county jury If l thought
/ was delivering him into the lions
mouth?" he argued. Mr.. Sutton said
if he wanted to he could have slipped
Kelly into an asylum in Illinois out Of
the reach of Iowa authorities. After
declaring that he brought Kelly back
for trial because he believed him in
Ioceilt tic judge declared. Il still stand
here and say there's no competent
evidence in this case except the insane
confession Of Kelly that he's guilty OF
the crime charged" But if he had plac-
ed MIN in an Illinois asylum, Mr.. SUIT
ton argued, the mantle OF another S
guilt would have covered him forever.
My duty to him and my Cod" he
continued, was to have you first say
he IS not guilty of this murder before
he goes to the asylum. And when that
word is come I don't care what Mr..
Havner does be concluded. Kelly can
rest in an asylum not as a murderer
hut as a man who is insane"
Judge Sutton asked the jurors TO dis
miss from their minds any thoughts
that any of the girls in the Moore
house that night had been touched
wronsfully. This idea Of sex perversion
Mr.. Hess Imagination. he said.
Havner VS.. WiIkerson.
Mr.. sutton argued that 1t was a
physical impossibility for Kelly to have
gone into the Moore house alone and
killed the eight people.
"Wilkerson is the man you'll find out
they're really after put in Mr.. Sutton
at this point. "They don't care any
thing about Kelly. He's an atom be-
tween two millstones. It's Wilkerson
on one side and Havner on the other
He wants to get his friend Wilkerson
whom he despises.
TITS an old trick Of the prosecution,
continued the Omaha attorney, ito dig
out some half witted imbecile and lay
the crime on him. They have no de-
tense and no money. And some times.
he added. history tells Us when a man
gets ready to commit a murder ne
commits it as a maniac to throw the
officers off the TRAIL
Mr.. Sutton launched furious at
tack on the attorney generals office
and nearly everybody connected viii
the states side of the case, including
the four heads Of Iowa's hospitals wht
testified in the trial
Does Not Mince Words.
"Havner is wrought up over WIKI.
efscn." he charged. Hes a maniac ..
the subject. He pursues him as a wild
animal pursues his prey. poison pour
Ing from every pore"
Sutton did not mince his words. Ht
made bold statements.
when Kelly confessed at Sioux Fall.
he was not only a nut but carload o
NUTS" the judge declared.
Specializing on the actual commits
sion Of the murder Judge Sutton theo
rixed that the man who did the dec
must have been covered with bloc,
from head to foot Where did h
wash away the blood 2" he asked
was there drop found around tn
4 premises Of Kelly! Nowhere.
49, = ~ - <<~lx