THE BEE: OMAHA, SATURDAY, SEPTEMBER 22, 1917.
KELLY'S LAWYERS
: . MEET REBUFF
Judge Boies Refuses to Admit
Line of Testimony Involving
. Others Than Kelly Without
Complete foundation.
,..
fOoatlnued tram Pe One.)
V
to Mitchell, who examined her. She
. related that her husband and herself
arrived in Macedonia on Saturday
morning:, June 3,1912, and 'lived near
- the depot tor a week and then occu
pied rooms at the home of Mr. Miller,
tor whom she was housekeeper, while
V ; her husband, was Presbyterian preach-
.; er in that town.
- "Do you remember your husband
leaving Macedonia on the evening of
Saturday, June, 8, 1912?" asked
Mitchell.
- "I do," she replied. . ;
Describe Kelly's Appearance.
Replying to further examination,
Mn. Kelly said her husband wore a
; Prince Albert coat, gray trousers and
; carried a satchel which contained a
Bible, a theological book, a comb and
, hair brush, ,
"Were there any shirts in that
'There was none."
"Was there a night shirt?"
"There was not." .-..' '
"Where did your husband say he
was going?" ,
"To Pilot Grove."
" "Whendid your husband return
V" home?"
"At 7:30 on the next Monday morn
, ing." ,;;-(.-. , f.,. .
. "Did you examine his grip when he
'" returned?"'
, ( "I did and he had the same articles
he took when he went away, and wore
the same clothes." .
Saw No Blood Spots. j
"Did you notice any blood spots or
. stains o nhis clothes?"
"There was none."
"When did you first hear of the
' tragedy?"
' "At 4 o'clock that afternoon, I be
. lieve my husband was home' all day
until he went to get the maij at 4 p. ru.
. He showed me a letter received frotn
Rev. Mr. Ewing. He mentioned that
the letter referred to ax murders.' Up
to that time I had notlieard of the
' tragedy." , ,
. The defense offered Mrs. . Kelly's
testimony of the Ewing letter to
prove that, that was-Kelly's first in
. formation of the crime and that per
sons who jwip 4ie spoke of crime in
(' Macedonia before the crime was dis
s covered, were mistaken as to their
timftT WP. Dinwiddie, former post
. master at Macedonia, already has tes
tified that he" delivered Jhe. letter in
question to Kelly who opened the i
1 ' missive and ireerred to the ax murder.
, Mrs. Kelly testified to a trip of her. I
, self, husband. Attorneys Sutton, Mc
Kentie and Wilkerson from Illinois
to.RedOak last May, when the min
ister surrendered here to Sheriff
. Dunn.; She ; said Kelly had been
. preaching at Alta Pass, 111. "When
Wilkerson went for them; that they
met sutton ana MCKcnzie in a hotel
" ' n Chicago, and then proceeded to Red
. Oak. Tvhere they remained at the
Johnson hotel from breakfast time
to'after dinner befor,e the sheriff took
v 'Kelly into custody, , - :
" ' "We came voluntarily from Illinois
' to Red Oak,", she added. w ' v
v. Kelly listened'- intently to every
' word his wife, tittered. His wife
stated sne naa never been in YiHisca.
Drf David I. Rundlette of Sioux
Falls,; was introduced in the opening
vn un pram ruaiaaics ana as naving
delivered clinical Jectures at Boston
' Hospital for the Insane. -
This alienist diagnosed Kelly's case
. "pafanoid type of dementia ore-
cox' or adolescent insanity. He quali
hed his statement by explaining that
, victims of this 'form of brain disease
i begin to be affected between the
agesVof 15 and 18 and the disease
; .gradually progresses through stages
Aununisiers rowcriui urug.
i camming as iv nis nnowicage oi
. Kelly's case, the doctor said;
"1 met Kelly eleven times in the
Sioux Falls jail between February It
and April 30, 1914. He was laboring
uuuer iiiicnse, nicniaf excuemcni, so
. much so thafl on one occasion I ad
. miniotered a powerful drug known as
diocin to, quiet him. I tested him for
sense of pain and discovered that on
sottift days I could insert a pin half
way into areas of his back without
causing pain. At times he would be
hilarious and happy; again he would
be morose. There were davs when h
would aooarentlv be. normal. I soon
observed symptoms of paranoia,
. which is slow destruction of thinking
,: powers." ' .
He referred to Kelly's claiming
that his tood hid. been poisoned and
thatgpomebody war sending poison
v, gas down pipes into his cell, which
the doctor explained were delusions
such as characterize the paranoic.
Thinks He Is Christ.
, ' "He went pn a hunger strike and
told nft be was Christ; that he was
koinsr to write a hook that wmtlrt avn
the world," the witness added.
The doctor related that .Deputy
United States Marashl told of the cir
cumstances ot Kelly s indictment for
Guess Who, If You Can! These Portraits Reproduce- Photos
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troubles. I
lWilI 1111
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generally overcomes these troubles
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. in - 'f-x
tt-::.. '' h". ... f - ''- 3
"
Group will be printed again in The Sunday Bee with names and presfent-day pictures.
EX-SENATOR F. P. JONES OF
VILLISOA, IOWA POLITICIAN.
Father of Albert Jones, whose name
has been brought into the ax murder
case by testimony.; l '.
sending obscene letters to girls. Wit
ness continued: t
"Sex perversity is a symptom of
paranoid form of dementia precox. I
was told he wrote letters to girls to
pose in the nude and when I asked
him how he expected his book could
save the world, he replied that he
could do no hart; that he was Christ
himself. He wanted one girl to take
shorthand dictation and do typewrit
ing work while in the, nude, marshal
told me." i .
Mitchel: "What do you think the
effect would be ori the mind of a man
in his, condition if he were told many
times' that he had stolen a horse or
killed a man?" '
. Witness: "It would sink in."
Mitchell : "What would you say to
whether a ma who had such troubles
as Kelly had, would develop homicidal
tendencies toward persons he never
knew, nor. had any grievances
against?" ',;..',.. ...
"Not probable." ' ' "
Referring to Kllys preaching at
Winner, S. D., at the time he wrote
letters to girls, "F aville asked the
doctor: -7: ' i. - ;:;
"Could Kelly , have preached ser
mons and have carried on this sort of
thing?" v v.
"That is characteristic of a sex per
fect,' the' doctor replied..
Mrs. Margaret Landers, Villisca.
mother of E. D. Landers, who testi
fied Thursday is 72 years of age. On
the witness stand she testified that
on Sunday afternoon before the crime
she observed two men going into the
Moore yard. One man picked up an
ax and drew his hand across the
blade... She'was positive the men were
strangers in Villisca. She gave same
testimony in the Jones-Wilkerson
slander suit. V .
, Hears Frightful Scream.
During the night she heard Mrs.
Moore scream: "Oh, God I Oh, Godl
Oh, Dear J Oh, Dearl Oh, Dearl" She
described the men as poorly clad, one
shorter than the other and she was
positive she had never seen them be
fore. The prosecution did not cross ques
tion her more than a few minutes.
Testimony of Mrs. Cora McCoy.
another , slander suit witness, was
stricken but on motion of prosecution.
She referred to two strange men
seen in her neighborhood.
Dr. A. W. Fitisimons of Omaha,
testified that Kelly is a paranoiac. He
declared the malady is permanent.
. The doctor was the first alienist to
pronounced Kelly a paranoiac. Foufr
othej; Witnesses have declared the
minister to be of "unsound mind" and
the fifth said he was "nutty." Thisf
makes six witnesses on (Kelly's mental
condition. .
The defense declares that evidence
showing Kelly at different times
claimed to be the grandson of God,
President Wilson, a great preacher,
a great detective, a great stenogra
pher, shows characteristic self exal
tion which is recognized by experts as
a symptom of paranoia.
F aville tried to show through Fiti
simons that Kelly is a victim of de
mentia precox, which is abnormal
precocity. '
' Women Witnesses Testify.
In the cross-examination of Dr.
Fitzsiinons Faville emphasized point
that Guiteau and Pendegast were be
lieved to 1 have been' paranoiacs and
that they were murderers. Faville
also brought out the port that a
paranoiac has the power of memory.
Mitchell brought the point before
the jury by asking the doctor if a
paranoiac when under a delusion can
not differentiate betwjben things he
may have done himself and things
people say or suggest he may have
done, ". ' ' -,- .". v -' '
Other witnessea this morning were
T. D. Smith, Dr. J. C. Cooper, Mrs.
Ross Moore and Mrs. E. A. Meyers
of Villisca, who offered nothing ma
terial orjmportajit. '
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Mrs. Moore testified that at the
time of the murder she had charge
of the body of Lena Stillinger and
observed on the ' leg between the
knee and the groin what appeared to
be a discoloration of the skin. Mrs.
Meyers noticed similar spots.
- A witness for the state testified that
tie believed this blood pot and the
position of the body indicated that an
attempt-'had been made to violate the
child.
j Minister Frothed at Mouth.
Dr. Alexander W. Fitzsimmohs of
Omaha testified he attended Kellv
during August and September, 1913,
and diagnosed the case as paranoia.
"He was mentally unbalanced," said
the witness. "He came to my office
in Omaha and I saw him twelve to
fifteen times, and my' impression was
that Ije was mentally unbalanced. He
was very nervous. I noted his men
tal condition during his first visit. His
talk was emotional and disconnected."
added the doctor.
Direct examination by Mitchell and
cross-examination by Faville elicited
the following: "Kelly stared at pa
tients in my office, and when he
called at my' home he stared at my
wife and frightened her so much she
left the room. I have seen Kelly
froth at the mouth. He was erratic
when he got interested in any sub
ject." Faville: "Would a paranoiac obey a
call or command?" :
"It depends on what the call may
be. It is characteristic that if the
call is one of exaltation, or that the
victim , may become powerful, he
would yield to the call."
"Is it characteristic that a victim of
paranoia may hear a divine call?" '
"It is." - . ' .
Paranoiac Appears Normal.
"Was Giteau who killed Garfield a
paranoiac?"
"He was supposed to have been."
"Was Prendegast?"
"I think he was a paranoiac."
Additional observations by the doc
tor on paranoia were:
"At times a . victim of paranoia ap
pears normal to the ordinary observer,
and at other times he has 1 brain
storms. Paranoia is a disease of the
brain and is permanent. ' If not of
congenital origin, the cause may be
from overwork, striving to accomplish
things, worry and mental instability.
One general characteric is that the
victim imagines he is being persecuted
or prosecuted. It is hard for the vic
tim to discriminate between what he
actually does himself and what others
say he has done, particularly so when
he imagines he is a noted person. The
victim has delusions of graudeur and
may hear voices. The paranoiac could
prepare and preach a sermon, but I
could not say how logical it might
appear to a trained mind."
Faville: "Would he remember that
he preached a sermon?"
"Yes." i
BRITISH DRIVE
TEUTONS BACK
OH WIDE FROM
(Continued from PK One.)
"went over the top stripped light and
as a result of this, coupled with the
fine artillery support, they were en
abled to negotiate the first stages of
the difficult ground rapidly. They had
swept through Glencorse wood, In
verness copse and the eastern part
of Shrewsbury forest by 8 o'clock,
two hours and twenty minutes after
the attack began, and other advanced
positions were reached with equal ra
pidity, which is a remarkable achieve
ment in view of the marshy nature of
the ground due to heavy rain.
On the left of the line attacked
heavy fighting developed on the high
ground on either side ot the onn-'eke-Langemarek
road. A number
of strongly fortified farms were en
countered intiis region and bombed
into submission. Among these was
Schuyler, farm, a short distance south-1
east of St. Julien. Schuyler farm
held out long against attack sand
continued to play on the British with
machine guns until It was taken.
Strong resistance was encountered
at a redoubt on the Vpres-Roulers
railway west of Zonnbeke. This re
doubt is a massive concrete steel
structure and it withstood all the shell
fire poured against it. The British
advanced on two sides and stormed
the place with bombs until its occu
pants raised the white flag. Similar
tactics resulted in the fall of another
great stronghold northeast of West
hoek. v '
Farmers present
draft case to .'
the president
(Continued from Pace One.)
of the selctive draft law, was rigidly
adhered to the problems would be
solved.
Would Stamp Out Hog Cholera.
Representative Sloan today intro
duced a bill asking for the approoria
tion of $1,000,000 to be expended by
the Buerau of Animal Industry in co
operation with the authorities of the
several states following, the best
methods of control and' eradication of
hog cholera. This bill is an out
growth of an extended inquiry on the
part of Mr. Sloan, who has reached
the concluscion that the time has
come to make a consistent national,
as well as state campaign to reduce
to the minimum this disease among
hogs. Z '
When, Congressman Sloan first
came to congress, neSrly esven years
age, he took up the subject of hop
cholera, its ravages and "th economi
cal loss resulting therefrom in the
different states. He appeared before
the agricultural committee with the
information he ha .collected to re
ceive a distinctive rebuke at the hands
of the chairman. Later in another
congress and vith another chairman
he renewed his efforts for an appro
priation to stamp out the disease, or
at least control its ravages. A recent
bulletin of the Agricultural depart
ment shows a reduction of more than
50 per cent in hog cholera thorughout
the country. It' shows a re?!uctin in
the six great hog-raising states where
co-operation with the government has
been most active, namely, Nebraska.
Illinois; Iowa, Missouri, Indiana and
Ohio of 65 per cent.
Will Push His Bill. ,
Having systematically gone to work
to ascertain just what the states have
done to check this disease in food
animals, Mr. Sloan said t today v her
was in a position to push his bill with
all the strength at his command.
"If the herd owner can be reason
ably assured that the herds of the
community and the next state are
being systematically purified against
this disease, there will be a Urge in
centive for him to clean up and keep
clean his own herd," said Mr. Soan.
This bill has been taken up with
Mr. Pinchot. head of the Live Stock
Conservation organization, under Mr.
Hoover, who has given it his approval
and co-operation.
TToIIxm rst T? T. Mpfralfe to reach
Washington today, has postponed the
meeting of the Omaha delegation now
in the city with General Gorgas, chief
of the medical department of the
army, in behalf of the location of a
re-making camp' for invalided soldiers
at Omaha. It is understood an inter
view with General Gorgas will be
asked for tomorrow.
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The proper way to murder, according to a German nobleman in the diplomatic service, is
to do it "without leaving a trace." This noble character represented William H (more or less
accurately) at the capital of Argentina, and his message to Berlin telling them how to do their
own specialty, as some think it, was part' of a dispatch coolly advising Germany to submarine
steamers of the neutral nations that harbored, him as a guest. "The present disclosure," remarks
the Harrisburg Patriot, "ought to be the means of lining up the Argentine with the other South
American Republics against the (Germans as further evidence that the Western Hemisphere is
united against the things for which Germany stands." ,
, In THE LITERARY DIGEST for September 22d, there is a very illuminating article which'
covers from every angle the recent diplomatic clash involving Germany and Sweden against
Argentina. There are a number of other striking articles covering the news of the world in this
number of the "Digest." Some of these are : ' ' ;
Kerensky Emerges from Russian Revolution Stronger tHan Ever
Korniloff, by His Blood and Iron Methods, Might Have Been Able to Give Russia Law and (frder, and
Success at the Front Kerensky Will Do Both and Also Preserve the Gains of the Revolution.
1
Newspapers in the Enemy Tongue
t Distilleries Interned for the War
' A Greater. Servia to Come
Selling Titles in England v ) '
Counterfeit Daylight 1 ,
The Firefly's Lighting Plant
Shakespeare's Macbeth a Parallel to
' the Present War . ''
Japan's "Sincerest Flattery"
Our Tyranny Over the Negro
Raiding the "Rough Necks of the
World"
Germany's New Peace Minister
German Trade a Peace Condition
Wnenj Our Soldiers Speak French
An Artist's Work in WarSurgery;
Saving Our Supply of Tin '
. When the Movies Injure Health
The Future of Reims
How the Red Cross Money Goes
When Tommy Atkins Prays
Personal Glimpses ,
Investment and Finance
An Unusually Attractive Collection of Illustrations '
Form Your Judgment on A ll the Evidence
Don't be satisfied with hearing only one side, (
ttnd that in all probability garbled, of the news of
the day. Hear all the evidence, exactly as pre
sented by the different parties and schools of
thought with coloring or ; distortion, and then ,;
weigh the facts, as given, arid make your decision.
This is the only way in which you can arrive at a
fair knowledge ef what is going on in the world in
all lines of endeavor. By reading THE LITERARY
DIGEST each week, which you can do easily in
a couple of hours, you can arrive at this result
and will know all the facts before you form your
conclusions. Think "of what this will mean to you
in breadth of vision and clearness of view.
September 22d Number on Sale To-day All News-dealers 10 Cents
TT The ' TH
If Mark of OJL C ;v?U?.:
FUNK & WAGNALLS COMPANY (Publishers of the Famous NEW Standard Dictionary), NEW. YORK