Evening star., 1934-10-19
KELLEY CASE MAY
co TO Jury TODAY
Arlington Judge Holds "Rea-
sonabIe Doubt" Rule Not
Applicable.
By /. star Correspondent of The star.

ARLINGTON COURT HOUSE, Va,
October 1s.-The jury before which
Chairman Lyman M. Kelley Of the
County Board is being tried in an
impeachment proceeding does not
have to find that the prosecution has
proved its case beyond reasonable
doubt" it was asserted today by
Judge Frederick w. Coleman.
This decision was given during
lengthy arguments between counsel
on the instructions to be given the
jury before the opening of arguments.
Judge Coleman stated that since this
is a quasi-criminal case, therefore
differing from regular criminal
case, the jury must consider that
the charges have been proved by a
preponderance of evidence. He fur
ther ruled that the jury can acquit
the defendant on all Of the specif-
cations or may convict him on one
| or more.
Evidence Is Completed.
The taking of testimony was COM
pleted shortly after the court opened
this morning. County Manager Roy S.
Braden, who has been absent from
the county, testifying regarding the
sewer contracts which have played a
large part in the malfeasance mis-
feasance and gross neglect Of duty
charges brought against the defendant.
1t has been expected that argu-
ments would be had on the case this
morning, but due to the differences
between Commonwealth Attorney
Lawrence w. Douglas and Collins
Denny, jr., for the State, and Ed
mund D. Campbell and Leon M. Bazile
for the defense, regarding the instruc-
tions, it was believed that the argu-
ments could not be held until after
lunch, with the case reaching the
jury late this afternoon.
No Payments on Bill.
During grueling ross-examination
yesterday afternoon, the prosecution
attempted to show that Kelley had
personally prepared the $3.50 special
service bill which was sent Daniel and
which he asserted during direct ex-
animation his company had Cancelled
after 1t was promised all Of the bond
and insurance business Of Daniel.
There were no payments made on the
BILL he said.
This bill differed from others sent
Daniel for premiums on bonds and in
surance, 1t was charged by Denny, in
that the zeros were small instead Of
large, as on the other bills, and that
there had been typographical error
not apparent in the other four bills.
Further, it was claimed, this bill was
made out in favor Of both A. L. Kelley
81 Son and Lyman NJ Kelley.
Kelley had stated that all bills in his
ONCE were prepared by Mrs. Annette
Stelle, his secretary, and, under cross
| examine n, that records of all trans
actions kept both in ledgers and
in cart systems segregated ac-
cording 1e of business. He ad-
mitted, l. lever, that there was no
record in the ONCE Of the $3.50 bill
| sent to Daniel. 1t was destroyed, he
said, after Daniel was relieved Of the
obligation.
Mrs Stelle was called to the stand
and stated that she had made out the
bill, explaining its difference by the
fact that she had been having trouble
with her eyes. She was unable 70 ex-
plain how she remembered this par
ticular bill, which bore the date Of
September 2, 1888, but could not re-
member what other bills she prepared
that day.
Name for Identification.
Kelley told the jury that his name
had appeared on this particular bill to
better identify it, since it was he and
not the firm who had done all Of the
extra work in securing the bonds for
Daniel.
Following testimony by Kelley that
Daniel had offered him bribe of $500
to vote to award him the contract this
year because both he and j. Vernon
Smith, his hacker, needed the business
and that he had told Daniel to go to
hell" Kelley was questioned closely by
Denny as to why, after he had been
'insulted' by Daniel through the bribe
offer he had gone to the trouble to
seek contract for Daniel to haul
sewer pipe.
How" asked Denny, could you
recommend a man who had offered
you q bribe and how could you deal
with a man who had insulted you by
the offer Of bribe."
Kelley then denied that he had said
it was an attempted bribe in earlier
testimony and refused to say that he
considered Daniels alleged offer as
dishonest or of suficient importance
to cause their estrangement in busi-
ness transactions. Later he admitted
that he had referred to the matter as
an attempted bribe, but not Of suffi-
cient importance to keep him from
recommending Daniel for a pipe-haul-
ing contract.
Under further questioning by Den
ny Kelley said that the $3.50 had not
gone through the firms ledgers as
an account receivable" but that it
had been placed on an insurance card.
He said afterward that 1t was put on
a special card.
Charge Not Customary.
| Kelley was later asked whether 10
was customary to charge for addi-
tional services in the execution of
bonds and said that he did not re-
member of another case in his Office.
| When asked how he thought he
could benefit by cancellation of the
special service bill rendered Daniel
when he already had all Of Daniels
bond and insurance business, Kelley
said: "I meant Smiths too. con-
sidered him and Daniel as one" (The
Smith he referred to was J. Vernon
Smith, his indemnity on the bond.)
| Questioned by Denny as to whether
he could explain why c. c. Lamond
should have come into court and testi-
fed that Kelley had asked what he
would get out of it if he voted for the
use Of terra Gotta pipe. Kelley said
that he could not, unless Lamond,
Clarendon bank president and pipe
manufacturing executive, misunder-
stood him. He said that he had So
| licited Iamond's bid bond business
and Lamond had said he would give
Kelley the business If the Lamond
firm made a bid.
| Smith testified that he had been
/ shown the Kelley bill and told that
| the checks were for Kelley when he