Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1917-09-22
Four-Day Fight in Behalf
of Accused Slayer of
M00res Ended.
DEFENDANT NOT
PLACED ON STAND
Attorneys After consuItation With
kelly Decide Not 60 Call Him TO
Testify-Mrs. Kelly Gives Evidence
to Show Her Husband Did Not Set
Fires in Sutton, Neb, to Which He
Confessed.
rBy a stafr Correspondent


Red Oak. Sept. PA four day fight
which has been made In defense Of
Rev. Lyn g. j. Kelly was unexpectedly
Terminated Just before Il o'clock this
morning when Attorney Mitchell, Of
Kelly's counsel, announced to the court
the defense rested. Closing Of the de-
Tense came following morning filled
with rumors Of various portent, among
which was that the little minister him.
self would take the stand in his own
behalf. However, Kelly was not called
to the witness chair, although his at
torneys were closeted with him for
some time this morning.
Rebuttal Testimony Monday.
The state did not have any rebuttal
witnesses here and court adjourned
until Monday. 1t is expected rebuttal
testimony will consume couple Of
days and that Kelly's fate will go to
the Jury probably Thursday or Friday.
Yes Cooney, Of Malvern, Iowa, who
cleaned the debris from the Moore
murder house, was the last witness for
the defense. He testified to seeing
in whichthe victims were killed which
were madeaby the AK as the murderer
swung his weapon.
Immediate1y after Mr.. Co3neyh left
the stand the defense rested and Ed
Landers, who testified that he saw AL
bert Jones go into the darkened Moore
home on the night of the murders, was
recalled by the state for -examin-
alton and to lay foundation for i'm
parchment.
Didn't you tell A. W. Mccoy that
You and your wife went home between
10 and II o'clock that night and that
everything was quiet around the Moore
house?" II positively did not make
that statement" Landers replied in
answer to Mr.. Faville's question.
Counsel in WransIe.
The Kelly trial had only been under
way about q half hour this morning
when opposing counsel got into a
wrangle which necessitated court re-
cess. The wrangle ensued while DR..
Gershon H. Hill, alienist. Of Des
Moines, was on the stand. DR.. Hill had
been handed transcript OF the short
hand notes Of Miss Fannie R. Longman
taken at the time Kelly was subjected
to a two-hour questioning in the Logan
jail on night OF Aug. 30 by Attorney
General Havner. Counsel for defense
then propounded a lengthy hypothe-
tical question to DR.. HILL including the
circumstances of Kelly's life and ask
ing Mr.. Hills opinion Of Kelly's men,
tai condition as deduced from the con-
versation between him and Havner on
that occa sion. The state Immediately
objected that the transcript upon which
DR.. Hill was going to base his answer
was not a correct report Of that nights
conversation. Judge Boies adjourned
court and attorneys finally came to an
agreement without it becoming neces-
sary for the reporter to reread Miss
Longman's testimony as it now stands
in the records. When finally permitted
to answer DR.. Hill said he believed
Kelly was mentally unbalanced when
he talked with Attorney General Hav-
ner that night.
Mrs. Kelly. wife Of the accused
preacher, who was in the witness chair
yesterday afternoon, was recalled the
first thing this morning. Mrs. Kelly
said her husband was in bed with her
at Sutton when two incendlary fires
occurred at that place. Kelly at Logan
confessed to setting these fires,