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,
