Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1917-09-07
Jury in Kelly Case May Not
Be Completed Before
Next Monday.
Many Called Have Formed Opinions
as to Guilt or Innocence Of Accused
Few Men in Montgomery County
Who Do Not Favor One Jones or
WiIkerson Faction-Not to Ask for
Death Penalty in Case Of Conviction.

Red Oak, Sept. 7.-F1nal Selectl0n oi
the jury that is to decide the fate OF
the Rev.. Lyn George J. Kelly, charged
with murder in connection with Villisca
AK slayings. will not be completed un-
til late next Monday.
This became evident when Judge
Boies. who is presiding at the trial, an
nounced at the noon recess that ad-
journment until Moday would be taken
at $3.50 this afternoon.
Each side had exercised two Of It's
ten peremptory challenges and sixteen
jurors had been passed for cause when
recess was taken.
Judge Boies reprimanded Detective
]. N. Wilkerson prominent in defense
of Kelly. for displaying newspaper
in front Of the jury today so that a
group picture OF Kelly, his wife and
two near relatives of the ak victims
was disclosed to the view Of the jurors.
I'm the future" the court ruled.
newspapers will not be permitted in
side the rail of this court room when
the trial is in progress. want nothing
here that might influence these Jurors
During the examination Of jurors to-
day the defendant Sbroke down and
wept silently for several minutes. Il
;tr4. [By STAFF Correspondent
Red Oak, Sept. AHops Of getting
"a jury this week to sit In the trial
of Rev. Lyn G.. J. Kelly and determine
his guilt or innocence ON charge Of
being The axman in the Villisca mur-
= 10 ok - <a1 loo 81
night when only four new jurors were
accepted as the result Of the days
examinations. This brings the total
number OF jurors in the box to thirteen
and state and defense are beginning to
exercise their peremptory challenges.
It had been thought that a jury might
be secured by tonight, and an adjourn
ment taken until Monday, when the
attorneys would make their opening
statements. It now seems probable.
however, that jury can not be secured
before some time Saturday at the earli-
est, and possibly not until next week.
Twenty Jurors were examined today.
Sixteen Of them were disqualified for
some reason or tother. Most of them
were excused on challenges for cause,
the examination developing that they
had formed opinions which would pre-
vent them from going into the trial
with an open mind and giving the de-
,fendant fair and impartial hearing.
Many Of the jurors have attended mass
meetings at which Detective Wilkerson
discussed the Villisca affair, and one
man, H. J. Chickering, was excused
after he had admitted contributing IS
towards the defense Of Kelly. The
prominence which the developments of
this case have had III newspapers also
is having its effect in producing class
OF Jurors with opinions in their minds
as to how the case ought to be set
tied. One juror said he knew enough
now to render verdict. The fact
that so many Of the veniremen who
are called to the stand have opinions
in their minds is not at all surprising.
Persons on the outside express won
derment that anyone at all Is found
who does not hold fixed views on the
matter.
During the examination Of w. E.
McMullen, Of Lincoln township. the
state offered in evidence the sheet con-
tanning the 100 questions propounded
by Detective Wilkerson to F. F. Jones
and Attorney General Havner. Nc
Mullen said the sheet had been handed
to him at meeting at Macedonia. He
later passed it on to a friend, he said.
Counsel for the defense objected to the
questions, but after perusing them
Judge Boies permitted them to go in.
McMullen declared he had not made
::r HE mind as to how the case should
be determined, but he was challenged
Something Of the steps which have
been taken in this community to aid
Kelly in securing his liberty was told
by j. w. Baird, who attended a Will
kerson meeting at Stennett. Wilkerson
spoke in the open there he said. fol-
lowing which an "after meeting" was
held in q church. Ed Peterson and
Clarence Miller presided at this meet
ing, he said. when general invitation
was given to those present to contrib
ute funds and join society. Mr. Baird
said he believed ne could sit as . fair
and impartial puror and was passed
by both state and defense.
A significant feature In connection
with the examination Of prospective
Jurors is that the states attorneys thus
far have made no inq uiry 5s to the:
or not the jurors have any conscien-
ttous scruples against capital punish
ment. Punishment under the Iowa law
y determined by the jury, IT ID be-
Heved that the state will not ask for
tho death penalty. in case the jury
returns q verdict Of conviction. s--.ss :. 4