Evening star., 1953-03-18
InVitution to Crime
Terms for ? Cases Clean Slate
For Suspect in 100 BurgIdries

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in the third count of stealing
from the Volk apartment. The
fourth count accused them OF
entering Mrs. Overstreet..s apart
ment, and the fifth count ac-
cused them of stealing from the
Overstreet apartment. Despite
Kelley's own admissions, no
other cases were presented to
the grand jury.
On January 18, 1852, both Kel-
leys pleaded not guilty to this
indictment.
Meanwhile, however, Kelley
out on bond-had been arrested
again January II, 1852, for
housebreaking. Police attributed
eight cases to him in the 10th
precinct alone.
He was indicted again on Feb
ruary Is. 1852, on one house.
breaking and larceny case.
On March 18 he was allowed
to plead guilty to two of the five
counts in the first indictment.
The charge involving Mr.. Peace'S
watch was dropped entirely. AS
for the other four counts, Kelley
pleaded guilty to the two counts
of housebreaking and his wife
pleaded guilty to the two counts
Of larceny growing out of those
two housebreakings. In the course
of this division, three counts of
the indictment were dropped
against Kelley and two against
his wife.
On April IS the sentencing
judge had exactly two counts of
the first Indictment left to con-
slider. Despite the contention of
assistant United States attorneys
that the judges give concurrent
sentences, this judge did not. He
sentenced Kelley to serve 20 to so
months on each count-to run
consecutively.
Second Indictment Dismissed.
On the same day the second
indictment-involving an entire
ly different offense in what police
contend was a series of house.
breakings committed while on
bond-waS dismissed.
Asked why he recommended
dismissal, an assistant prosecu-
tor said the judge already had
given Kelley a substantial SEN
tence under the first case, and
besides the assistant thought the
arrest was no good.
The assistant argued the
offense occurred in the 34OO
block of Fourteenth street NV.
and that Kelley was picked up
in the 1900 block.
When The Star asked police
about the arrest. police reported
that Kelley was spotted beside
his Cadillac at $40 am, that he
was a known thief with long
criminal record, that the house.
breaking showed the tell-tale
Jimmy marks of his other
ofenseS, and that police were on
the lookout for him anyhow be-
cause of the series of house.
breakings in that precinct.
Carried Burglary Tools.
Under the law police are al
lowed to make a search if they
have reasonable grounds to be-
lieve a felony has been COM
mitted. Police said a search of
Kelley's car produced two fifths
of whisky and a partially con-
sumed fifth with stamps on the
bottles indicating they were not
for sale. They reported they
traced the whisky to the restau-
rant where the housebreaking
occurred. Detectives said Kelley
also was carrying a set of bur-
SldTy COOlS.
Several Of the judges have told
The Star they believe in imposing
substantial sentences for crimes
committed while a defendant is
on bond. No judge had a chance
to impose a sentence on the Sec
ond series of crimes in which
Kelley was accused by police
the series allegedly committed
while he was on bond.
Kelley was accused by police
Of more than 100 offenses follow
ing a distinct pattern. He was
sentenced for exactly two.
Tomorrow: The filed and for
gotten cases.