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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Sept. 18, 1917)
12 THE BEE: OMAHA, TUESDAY, SEPTEMBER 18. 1917. JUDGE BOIES ADMITS ; LAUNDRY EVIDENCE damaging Testimony Against Minister Kelly Held Admiss able by Court After Being Being Kuled Out for Time. t' (Continrwd from Pace One.) f 1912. These witnesses last week could not fix the date positively as June 10, 1912, the morning following the ir.urder, but the Sidney ticket re ports indicate that the only two tick ets sold to Carson on a Monday of that Month was on Monday, June 10, , 1912. Those reports were offered in f .evidence last week, but the court held the matter in abeyance at the request .of Attorney Mitchell of the defense, who said he would prove to the court by citations that private records are not admissible in evidence in criminal cases. f , This afternoon Judge Boies ad journed court at 4:15 to give counsel for the defense opportunity to make this point, although the judge an nounced he had looked up the law and was inclined to rule that the station records are admissible. Tlu nnint .'If - - ! . . ' win oe disposed oi iuesday morning. Saw Kelly on Train. Mr. and Mrs. Simonds testified last week that while on this Sidney-to-Carson trip they observed Kelly on the train; that they knew him, and he was gesticulating, talking loudly and telling of a murder on which he expected to work as detective. The train incident occurred about 7 o'clock in the morning, and, according to the contention of the state, an hour and a half before the Villisca crime had been discovered. Amos Meyers of Grinnell, la., the thirty-eighth and last witness of to day, testified he roomed at the home of Kelly in Macedonia. Referring to a certain convention mentioned by the prosecution, the witness said: "Kelly told me that Jast night was the anniversary of the Villisca ax murder; that lie had .visions and could, not sleep He added that he had -been in Villisca the night of the crime." ; "Do you remember the date of that conversation?" asked Mitchell. "l do not." . : ff ? Confession Expected Today. At the request of. the defense the judge ordered that Mary Longman, stenographer, of Logan, la., appear as a witness and bring her notes taken at the time of the recent alleged con- ' fessions made by Kelly. It is said Kelly made two confessions at Lo gan three weeks, ago.- The first is aid to have been made in the pres ence, of Attdrney General Havner, Attorney Hess, Sheriff M D. Meyers and Deputy Sheriff Charles Atkins of Logan and State Agent J. . Riaden; the other in the presence of Meyers, Atkins, Risden and County Attorney Paul Roadifer of Logan. Havner believes the confession will be Offered in evidence Tuesday after noon. This feature of the trial will arouse much interest, and, it is un derstood, will be contested bitterly by the defense. ; A GIRL CREATES SENSATION. ' A mild sensation was created when Miss Beulah Callaway, 21-year-old telephone operator at Carroll was ftummoned. Miss Callaway testified that when Kelly was pastor of the Presbyterian church in Carroll she went to Kelly's room on the second floor of Dr. Spaulding's home in re sponse to an advertisement in which Kelly sought to form a class in Stenography. , '..' ! . ' ." Attorney Hess, for the state, asked Miss Callaway to relate in detail her conversation with Kelly. : Attorney Mitchell for the defense interrupted to ask Attorney Hess if be intended to have Miss Callaway relate what she had told the grand jury which indicted Kelly in April. When Attorney Hess replied in the affirmative, Attorney Mitchell object ed. After reading the grand jury .records which contained Miss Calla way's testimony at that time, the court ruled the same testimony by Miss Callaway 'was not tierrnissihle ' evi dence in the trial of Kelly for the ax murder. i Asked to Pose Nude.! ' After the morning session Attorney General : Havner of Iowa showed newspaper men the same grand jury , records containing Miss Callaway s testimony. , In substance the young woman's testimony was: , "Rev. Mr. Kelly wanted me tp pose for him in the nude so that he could !aint my picture. He urged for an lour and showed me pictures and said the Bible had pictures of nude women in it and that there' was no harm in it, I tpld him I would see him the next day, but I did not intend to do so, and I did not.", " ' Mr. and Mrs. Stevens of Carroll said they were members of Kelly's .church and they invited him to dinner at their house one day. During their conversations with, Kelly they said he totd them he did not sleep at the home of Rev. W. J. Ewing of Vil lisca the night before the ix, murder. Mrs, Ewing is alleged to have told others that Kelly did sleep in a room ,'vt their home that night. . ; Said . He Committed Murders. " Julius Wald and James Tyler were two of the Sioux Falls witnesses. Wald is deputy sheriff at Sioux Falls ind Tyler was Kelly's cellmate when "Kelly was confined to the Sioux Falls iail charged with ' sending obscene matter throueh the mails. ' .' ' Wald and Tyler testified that in one . sf their conversations with, Kelly Kelly told each of them that he did commit the ax murder. - AH of the testimony of the state witnesses tended to show that. Kelly 'talked constantly of the Villisca ax .murder and that.it continually was on his mind. .. s Detwiler in Court : - Detective L. W. - Longnecker of Omaha, who worked on the ax mur der, arrived in Red Oak today. Jacohi S. Detwiler, Kansas City (Kan.) law " yer, was jn the court room this morn inir. He said he was "only listening.' Detwiler was attorney for William Oifansfieia. whose name had been brought out several times before the April grand jury which indicted Kelly. '-Mrs. Kelly, wife of the prisoner, appeared in court in a newlue serge suit, new shoes, new waist and new .tat. They were presented to her by Mvomen of Ked Uak.. ' - Savs Not a Murderer. W. O. McQaeen. Sioux Falls, was "the first witness called by the state He was deputy United States mar- shal in January, 1914, when he knew -tffllv. who was in the Sioux Falls fii!l a month.,' " -""--.. .' . - ' "I went into Kelly's office at Win ner, S. D., and told him he would have to go with me. He objected, saying he was a subject of Great Britain. He told mehe had severe headaches," said the witness when ex amined by Attorney Hess. "What did he say about not killing anybody?" "Said he was not a murderer. In 1915 I saw him at the Sioux Falls jai, of which I had charge. I asked Kelly what he-meant about killing people. He; said people had been killed at Villisca and I told him he shouldn't be telling those things. He said if the mystery ever was solved he. would be the man to solve it. Dur ing April of 1915 he said at the Sioux Falls jail he was the man who did the killing." ... . Cross-examination by Judge Mitch ell for the defense did not add ma terially to the direct examination. The witness said Kelly was preaching and doing public stenography at Win ner, S. D. . Julius Wald, deputy sheriff of Sioux Falls, examined by Hess: State to the jury the first conver sation you had with Kelly." . Wondered How Found Out "It was along in February. 1914. when he asked me what they wanted him for. lie said heidid the Villisca murder, , but wondered how they found out. He spoke of a shirt and said he had nose, bleeding and had tried to wash it out. Mitchell: . "Will y6u repeat the first conversation you, gave in reply to Mr. Hess' question?" Persistent Advertising Is the Road to .Miccess. : ' . He.a&kedme what them proj-'e irom towa wanted. - , . "Did you say to Kelly: They, think '"I did." - V . "You knew that was not the truth, didn t your ' y "It was what 'I-heard." ;" "What made you say' to Kelly, J. hey think you killed them? "Because they thought so," "Who were they?" , "Sheriff O. E. Jackson and Coun ty Attorney W. C Radcliff" (of Mont gomery county). , ... "Were they there?" "Yes."' -, ' "What did you say about the nose bleed?" 1 ' "I asked him about the blood on the shirt and he said it was blood from the nose of a man who studied a whole lot." ' Said He Killed AH. James Tyler testified he was in the celr with Kelly at Sioux Falls during 1915 and had a ' conversation with Kelly relative to ax murders. i ''Did you speak' to Kelly about the Villisca murder?" asked Hess. "The second day I was there, April 18.' 1915. Kelly told me he knew all about the murder; was the first man in the - house when the crime was discovered; said he stayed at the min ister's house and could not sleep. He arose at 1:30 a. m, and went out into the. street and heard a noise, and went into the Moore home and found the people all dead." . , ' x"VVhat did he say in a latter con versation?'' , ' "He said he killed the Moore fam ily and would' like to kill Jerry Carl ton and other United States officials. I told him he knew too much and would get into trouble." O.' G. Olmstead, city, attorney of Winner, S. D., told this story in reply to questions by Attorney uenerai Havner: ...'' "I first met Kelly during the later part of 1913, or early part of 1914, when he called at my office and said people of his congregation severely criticising him because he was room ing at the home of F. W. Thomas, a saloon' keeper. .: .' . '..",'. ! . "He said he was not a minister in reality, but was a pretty good detec tive and said he was working on the Villisca murder case and wanted to worlf on the Gible case in Winner. "He said he was a Burns detective and had lived in a small town near Villisca at the time of the murder and tiad received a letter from the Burns agency at Omaha telling him to go to Villisca and investigate the murder; that he was the first person at the house,' and found the "ax back of the house and expected to. go. to umana the following week to arrest the mur derer. - . : . ;' "He said the murderer either took or sent a ' bloody shirt to , council Bluffs and it wai returned to the man who committed the murder and he knew who the man was." ", Cross examined by Mitchell: "Are vou the citv attorney of the metroplitan city of Winner? , ' i am city attorney ot winner. , Kelly Was Preacher. "When did you first see Kelly?" "When he canie to my office.' "What was Kelly doing then?" "Pastor of the Methodist church." 'Did you advise Kelly to change his rooming place?" " No, I told him he was staying at a respectable place." Cross examination did not material ly change the direct examination. Marguerite Struck, Sioux City school teacher resided at Carroll, la., and in the latter part of 1912 attended Kelly's church. Her story follows: - "Kelly came to our home I think it was in February, 1913, and in pres ence of my mother, sister and brother said he was in Villisca on the night of the murder; that he sat across the aisle from Joe Moore and his wife at the children's day 'exercises of the Presbyterian church and had 'ob served the Stillinger sisters in the pulpit, where they, were part of an arch in the program. Kelly's Sleepless Night. . He said Moore was a large man and told of the sleepless night at the Ewing home and said he went onto the balcony between 1 and2 a. m. "He said he heard a noise, a crunch ing sound, as- if blows from an ax. He said while the murderer was at work two people passed the house and the murderer probably went on the back-porch until the passersby went away. ' - . ..Miss Struck identified Kelly in the court room. , II. C. Stevens, former merchant and sheriff at Carroll, Ja., was a member ot tne Kelly church at Carroll. , Examined by Havner, he said: "One Sunday'during spring or early summer of 1913 I asked Kelly home to dinner." Kelly said detectives were accusing, him of the murder because he had not occuoied his heti at th Ewing home on the night- of. the crime. He told me he did not occupy iu ocu Because ne nad to leave on earl morning train and thought there would be no use in retirintr." .Mildred Struck of Sioux City of- jcreu in suDsiance same testimony as her sister, Marguerite, the only ma terial variance oeing that she heard iveny say that the murderer mirA the .front door' of the Moore-house ana mat at the Presbyterian-church ne onservea a strange dark man sit ting behind Moore. Mrs. H. C.. Stevens. Carroll, la., at tended- Kelly's church and rnrrnhn, rated substantially the testimony of ucr iiusuana. . Tries to Explain Shirt Dr. C. W. Spalding, Carroll, la., said he first met Kelly at Christmas time, u, and had many conversa tions. "In ny conversation did Kelly speak, of the bloody shirt?" asked Havner.. v "He said soon after the murder he took a shirt to a Council Bluffs laun dry; he. said he spilled liquid on the shirt and the girl in the laundry uiougiu it .was suspicious, she re. ported it and caused him tronhle. H said he ordered the shirt retumpd in. I , . . M ins nome town. ' . Mrs. C. W. Snaldinir. Carroll iMn. tified Kelly.' She said she had known! him since 1913. and related that Kelly told her he had trouble with a-girl at Council Bluffs over some laundry. Kellv,,told her he sent the shirt to the laundry after the murder and re- garded that circumstance was causing him new trouble. C. E. Mallott, undertaker, Carroll. Ia.,- attended Kelly's church. "I asked Kelly' said the witness, "why he hid behind the trees of his front yard during the early evening and he said he was afraid somebody would do him bodily injury." Havner asked: "What did he say about the Villisca ax murfder?" "He said he was afraid they would connect him with murder." " 7 Experience at Sutton. . : Dr.' H. H. Shultre, Sutton, Neb., Ultified he met Kelly for the first tims in October, 1915, at his office. The witness said Kelly told him he was at the house where the murder was committed and left on an early morning train. ' Mitchell: 'What would you say as to his tonduct?" . ' "Very-nervous and excitable."' "Did you notice any dilation' of, the iris?"- .- ; "Not at that time." "Anything said about detectives bothering him?" ; "He said he had been suspected of the murder and that detectives had been after him." "Did he say what detectives " , "He mentioned the Burns agency." "How long was Kelly in Sutton?" "About a year and a half." 'rVVas you a member of his congre gation?" ' . "I'was." '." - ' i Dr: S. K. Strate, Sutton, Neb., who attended Kelly's church, was exam ined by Attorney Faville: Said Was in Moore House, "Did he ever speak to you of the time, the murder was committed?" "He said about 1 or 1:30 a. m. He said he was one of the first in the house after the crime committed." - "What did he say about where the man who committed the murder went?" v "He said he went to the river and washed." , I "What did he sayabout getting out of the house where he stayed in Vil lisca that night?" ' "He said he could not have commit ted the muqder, because he would have aroused the occupants. Previous statements and testimony have shown that when Kelly was as signed his room in Rev. Mr. Ewing's home, he was alone, as the Ewing family slept in a tent in the yard that night and Mrs. Ewing so stated to a representative of The Bee. Dr. Strate was cross-questioned by Mitchell:- "Did he consult you as a physi cian?"" "He did." "Did you not understand Kelly had paranoia.' (Objection sustained). Would Explain Ax Marks. "Did not you and Kelly go to see Judge Epperson at Clay Center and did not Kelly refer to ax marks in the ceiling?" . "Kelly said he could not have done it, because the ax hit the. ceiling and he could not have hit the ceiling." "Ever have any trouble?" ' "He threatened to sue me." ' During the testimony of Rev. O. C. Garden, pastor of the ' Presbyterian church at Shelby la., : Judge Boies warned the crowd that laughter must be suppressed. "This is a serious oc casion," said the judge, "and the bailiff will expel those who laugh." The witness unwittingly gave a humorous turn" to a reference of Moore being a stranger to Kelly. Attorney Faville questioned: "Did you have a conversation with Kelly regarding the ax murder?" "es," replied Carden, "on a' train between Harlan and Carroll; he said he went to the Ewing home at Vil lisca after church. Kelly said he was nervous and had a headache; he saw a nice bed, but did not want to dis turb it, as he had to make an early train, so he went out and walked out most of the time. Attorney Aiitcheii: man t he say he never saw the Moore family? "He Said lif saw them in church that night." ' jjian t Jveiiy ten you he was charged 'vith being a religious tanaticr i "He said that" Horace I, Houghton, probation of ficer, Sioux City, said he met Kelly at the city hall, Marc'a 10, 1915. "Did you ever talk to Kelly about the. ax murder? Was any reference made to a bloody shirt?'.' "He said he cut himself shaving and sent a shirt to a CouncilBluffs laun dry. He told me he did not leave the minister'sjiouse at Villisca, where he stayed the night of the murder." 4,What did he say about detectives-r about Buell of Omaha charging him with leaving a shirt in a Council Bluffs laundry?" " asked Attorney Mitchell. "I think he menthW a shirt He told me he could nc. have done it. because he was not strong enough to have dorre that kind of a crime.' - TUOTOPLAVS. PIIOTOPLASS. s PHOTOPLAYS. PHOTOPLAYS. iiiiiii:iiiiiiiiiiiiiiiiiii:iliii:iiiiMiiiiiiiiiiiiniiiuiiiEiiiiiiuiiiiiiiiii!ii!iiiiiiiiiimiiiiir r ft -STARRING, VIOLA BAN A . In an Intensely Human Story of an Unselfish Sister's Devotion. TODAY AND WEDNESDAY '"Sidney Drew S ' Comedy, Too Thursday "Betrayed" niiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiimiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii" MfffWI ftfffWff( i Coffee Drinlting is a habit easily' given up, ; when one changes to INSTANT P0STUM if Coffee Di isagree WTAJJTjOSTni PoslouO O CEREAL 3 Make . the Change- TODAY WEDNESDAY uemeaux x JL AA -A JLJ AKJ Lehr ' A Story of an Adventures and a Real Surprue Party 'Lost, a Cook' KEYSTONE COMEDY Ail-Star Caat Swindled vty7 Crooks pJ These. J p Coming Thursday EMILY STEVENS Tr?E SLACKER A play that sounds the bugle call of patriotism. 7 LOTHROP Today ETHEL BARRYMORE, in "THE WHITE RAVEN" SUBURBAN ' Phone . Col. 2S4t Today i DOROTHY DALTON ia "THE FLAME OF THE YUKON" 4M18EME.NTS "OMAPA'S FUN CENTER" t&rtiLtt7m D,u'r M,u- l8--8o tSfAgjf Eventofa, 23-S0-75c-tl every .-.per it. Omaha SayaWo Have The BEST SHOW IN TOWN 5L Prank Hunter and a ntnttr cimif. built Juit for olownln purinwa. V.uderlll. Include. D.nnport i Art Uroui.: Lynn Cuter. Skl-HI So ftma: rMUat ImImU. SUtera. bit Cut Beauty Udiea Dime Matinee Week Daya &U. JUL Wk: Btllr Arllnftoa "Ooldea Crock" Today and Wed. Mat. TODAY ud i Wedneaday. BOYD " DAUGHTEB OF THE SON" MataJ, A' STORY OF AN I Nlte. "HAWAIIAN BUTTERFLY I 25e INOT A MOTION PICTURE I to 7Sa Next Sun. "GOING STRAIGHT r.d.y ALJOLSON NtteSept. ,Robinson Seat Now r Crusoe Jr.H THE BEST OF VAUDEVILLE Matinee Dally. lilSt Night. 8:1S. ThU Waak. HUGH HERBERT: ' Today and Wednesday - Sir George Alexander in Second Mrs. Tanqueray AMUSEMENTS. Homo of the Blf Double Show. CHIEF LITTLE; ELK & CO. Indian Entertainer, Singinf, Cello KEENE and FOXWPRTH - Thoe Inky Boys LINK and ROBINSON Mirth Provokers I ,T MUDGE MORTON TRIO A Musical Melange : Vitagraph Photoplay Featnre "SOLDIERS OF CHANCE" , Featuring Evert Orerton Patho New Fox Comedy BILLIE BURKE We're mighty glad you're back. There's something so deliriously feminine, so divinely human in your interpretation of either a screen or stage character that it is with real sincerity we welcome you "home again." , . - . " Just as sweet and refreshing as a dew-kissed rose on a beauteous May morn, your mere presence means all that is good and true in the role that falls your lot in "The Mysterious Miss Terry" We know that you, will add more friends to your already , countless legions of admirers, because who doesn't adore sweet unaffected girlhood as you so charmingly present it We simply desire to add that you are here from Tuesday Til Saturday, Sept 1 8th to 22d ..ail aWiifWeaaiiMiieeeo),. AMUSEMENTS. AMUSEMENTS. IlllllllllllllllllllllllllllllllllllllllliilllllllllllllllllllllllllllllllllllillllllllllllllllllllllllU INVITES YOU TO HIS FALL FESTIVITIES -VS AK SAR BEN M.rtia oeca rreaenta t..T, a Dirh. In "Liberty Aflame. v-ra Berliner; Long Ward: Dec. ma tk Eddie McLean i Or pheum Travel Weekly. Price.: Matinee, nailery. 10c: Beat Scat, (except Saturday and Sunday) SSes NiehU, 10c, 26c, 60c and 76c DRAN DEIS PLAYERS Harry L. Mlntura Dorothy Shoemaker TONIGHT AT 8i80 HIS MAJESTY BUNKER BEAN Matv Wed. and Sat, 25c, 3Sc, SOc . Evaay Night, 25c, 35c, SOe 75c Boxea It.OO To he held in Omaha for the 23d consecutive season, v i From September 26th to Oct. 6th J Ten days of innocent hilarity in whicK every loyal S citizen is interested. -,; - THiE MIGHTY SAMSON f commends you to report to all places of amusement and 5 he goes further you are to invite your friends, 7 throughout the whole expanse of country, to come and ;. 5 join in these revelries and displays of patriotism. . , WORTHAM'silG CRNIVAL j Continuous shows daily from 11 to 11. No let up. Some- 5 thing doing all the time, confetti, too. . THE BIG ELECTRIC PARADE 1 'v;- 'v.- V.WEDNESDAY EVENING- J I-1 V ' OCTOBER 3d f '- THE THEME: ;J ' . ' I 'Triumph of Democracy" 1 ' The most wonderful scheme' ever worked out'dur- . ing all the years of these great parades. " . V ; The Afternoon Parade Thursday J ; OCTOBER 4th ; Will be known as ' : S AWorid's Liberty Parade" j Including, floats of spectacular design, marchers 5 of the different Allies, and last but not least, our own Uncle Sam and his boys, i Thursday Evening from 8 to 10 at Rourke's i ',c.'': .Park .. V ' V ' One. of the'greatest Fireworks Spectacles this country S has ever known will be shown: v E AK-SAR-BEN'S BIG MILITARY FIRE- 1 WORKS SPECTACLE J GRAND CORONATION BALL FRIDAY I OCTOBER 5th Jr. 1 Ak-Sar-Ben never wearies, its joys are always new. I The snappy fall days are'Ni.ture's tribute to the festival spirit which SAMSON ; decrees shall reign once each I year for this short time. ' ' I - . CarnWal ground entrance, 15t1a and Capitol At. j . Information Bureau for Hotel Accommodations.- ?IIIIIIIIIIIIIllIlIIIIIIIIIIIIIIEItlIIIlIlSIIIIIlllIIIBII!IIIIIIIIIIIISISlll8lIlIflilIllIIIIIIlI9ft,