THE BEE: OMAHA, SATURDAY, SKPTEMBEK z, i917.
SUTTON CHARGES
FRAMEUPON KELLY
Attorney for Accused Minister
Says Attorney General and
Jones Had Meetings to
Plan Campaign.
Centlnrd from I'm On.)
I will be able to stand it. I will col
lapse. I will go insane."
Defense Committee Acts.
This afternoon the Kelly defense
committee, otherwise known as the
"Iowa Protective association," met in
the office of Detective Wilkerson and
arranged for a mass meeting here
Saturday at 4 p. m. in the Beardsley
theater. Wilkerson will speak and
money will be solicited.
"You jest bet we will stand by
Kelly with our money. We will dou
ble what we have paid if necessary,"
said C. E. Peterson, treasurer.
Officers of this committee are;
Joseph Stillinger, father of the two ax
murder victims: Harve Willett, C. E.
Peterson and C. I. Miller.
Brown Held Jury.
Wilkerson said: "I foresaw the
result when Brown took his seat in
theh jury box. I can't conceive how
any man could have conscientiously
voted for conviction. It is obviously
the intention of the state now to
undertake to discourage Kelly into an
attitude where they can force a plea
of guilty out of him by telling him
resources for his defense have been
exhausted and holding him continu
ously as prisoner, and by threat of
even more prosecutions of murder.
Methods of the state have been char
acterired by unfairness."
T. J. Hysham, local attorney for
Kelly, has gone by automobile to
Council Bluffs to confer with W. E.
Mitchell, senior counsel for Kelly, on
the matter of asking Judge Woodruff
to countermand hit order of last May,
committing Kelly to the Logan jail
tt the instance of Havner. Hysham
believes Judge Woodruff will grant
the request.
Juror W. C Brown, who held out
from the first, is 55 years of age, a
retired farmer and director of Farm
ers' National bank of Red Oak. He
was the last man selected on the jury
and was passed to jury box over chal
lenge of defense.
At early as Thursday noon It was
rumored that the jury stood eleven
to one and that Brown was the lone
minority member. Wednesday after
noon the bailiff brought word to the
judge that the jury had stopped de
liberating and would not even talk of
the caie among themselves and that
Foreman Bruce wanted court to order
discharge of the jury.
Juror Brown, when discharged by
court, said: "You know the position
I am in. I will be subject to enough
criticism and censure anyway. I don't
want to make any further statement."
Brown stood all the. way through
on this instruction of the court, which
reads: "If you find defendant kled
said Lena Stillinger, as charged, but
find hi;n not guilty by reason of the
fact that he was insane at the time he
committed the act. and in case you
so find, your verdict slial be: 'We the
jury, find the defendant, Lyn G. I.
Kelly, not guilty by reason of the
fact that he was insane at the time act
was committed.'
"Brown's voted in effect, that he
believed Kelly guilty, but insane when
act was committed, which, according
to instructions of court, and laws of
Iowa, would mean commitment to an
Ital at TlUrretinn nf court.
I Eleven stood for acquittal from first
to last vote without a DreaK. iwcmy
ballots were taken.
Break Formaities.
Discharge of the jury was marked
by brief formalities, the judge uttering
usual words of formal leave taking.
T. J. Hysham, local attorney for
Kelly, has gone by automobile to
Council Bluffs to confer with W. E.
Mitchell, senior counsel for Kelly, on
the matter of asking Judge Woodruff
to countermaid his order of last Mav,
committing Kelly to the Logan jail
at the instance of Havner. Hysham
believes Judge Woodruff will grant
the request.
To Be Held in Jail.
Kelly will be held in the Logan, la.,
jail until further order of court.
The only statement Attorney Gen
eral Havner would make when he left
Red Oak shortly before the jury was
discharged was. "The indictment
against Kelly wilt not be dis
missed." Takes Change of Venue.
Judge'Boies today granted Attorney
General H. M. Havner a change of
venue from Montgomery county to
Harrison county for the trial of case
to be heard against Havner on a
grand jury indictment returned here
September 4, the first day of Kelly's
trial.
The petition filed this morning in
behalf of Havner was signed by J. M.
Parsons, Robert Healy and Lewis
Miles, as attorneys.
Guilty Man to Justice.
The attorney general's petition re
lates that since the Kelly indictment
was returned last May thirty-four
meetings have been held in Montgom
ery and other Iowa counties, and also
at Omaha, at which public sentiment
was aroused to such an extent that he
could not have a fair and impartial
trial in this county.
Considerable sentiment against
Havner has been engendered in this
section by Detective J. N. Wilkrson,
who was th moving spirit in these
meetings, including one at Omaha.
Havner knows the local situation and
has described the handwriting on the
wall.
The faction fighting htm claims he
has been shielding another and mak-
9
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1613 FARNAM STREET
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I $19.50 to $49.50
ing Kelly the scapegoat in the ax
murder case.
Members of the Kelly defense com
mittee reiterate they are not through
and that they intend to push their in
vestigations and will yet "bring the
guilty man, or men, to justice."
Havner contends he has done his
duty as a public official. Havner's ef
fort to get Kelly to Des Moines last
May, and finally getting him to i
Logan on a court order, is one of j
the features to conjure with in
analyzing the local situation, defense I
committee leaders say. j
Woman Causes Indictment.
Havner was indicted last May on
the affidavit of Alice Wiliard, who j
charged she was willfully oppressed !
as a witness by Havner at the time of J
the Kelly grand jury investigation. I
She charged that Havner kept her I
in a room two nours unoer meniai
duress.
Mrs. Wiliard was to have been one
of the defense's star witnesses
in the Kelly trial if the court
had permitted Kelly's attorneys to
introduce the Jones-Mansfield phase
of the case. In his opening statement
Mitchell explained that the defense
would endeavor to show that the
prosecution was protecting some
body. In Havner's petition filed with
Judge Boies this morning Wilker
son's "100 questions" was offered as
exhibit A. Wilkerson wrote these
questions, directed against Havner,
and sold them at his meetings for 10
cents each for the benefit of the
Kelly fund. Wilkerson says he sold
thousands of them. The gist of
Havner's prayer for a change of
venue follows:
Havner Alleges Prejudice.
"That there exists in Montgomery
county such excitement and prejudice
against him that he cannot receive a
fair and impartial trial; that immedi
ately after returning the indictment
against Kelly public meetings were
held in Montgomery county and
throughout southeastern Iowa and
Omaha, at which meetings the acts
and conduct of the defendant in con
nection with the grand jury investi
gation were discussed, and unwar
ranted, unjust and false accusations
and charges were made for the pur
pose of exciting the public mind and
creating a false prejudice against the
defendant in Montgomery county."
The petition further alleges that
thirty-four meetings were held be
tween the time of return of indict
ment in the murder case and the pres
ent time. At each meeting public ad
dresses were made at which the de
fendant was referred to by name and
held up to criticism, censure and de
nunciation; that meetings were held
for the purpose of creating feeling
of prejudice against the defendant,
and the result has been that such
feeling and prejudice does now exist:
that at the public meetings referred
to the printed "100 questions" were
distributed and the alleged acts and
conduct of the defendant in connec
tion with the investigation of the
Villisca ax murders was discussed
and publicly criticised and censured,
and a paper purporting to be the
affidavit of Alice Wiliard, whom the
defendant is charged in the indict
ment in this cause with having op
pressed was read.
Unitied Brethren Conference
Takes Place at York
York, Neb., Sept. 28. (Specials
Superintendent S. M. Sinder of York
gave his annual report before the
United Brethren conference Wednes
day morning.
The conference consists of sixty
five pastoral charges. To cover the
field the superintendent traveled
through seventy counties in Nebraska,
six in South Dakota, two in Colorado
and one in Iowa.
Two new men were licensed to
preach during the year. The church
paid for benevolences more than
$10,000; to pastors for salary, $50,000;
five new churches were built during
! the year, on charges as follows:
Geneva, Logan Center, Marquette,
McCook and Shiloh.
Six new parsonages also were built
during the year.
Despite the hail-swept districts
where the church was represented, all
reports were encouraging.
At a laymen's rally Wednesday a
movement was begun to organize a
Laymen's association for the confer
ence to co-operate on the four year
program adopted by the entire de
nomination. A big missionary rally will take
place Thursday 'evening, Mrs. E. F.
Bowers of York presiding.
Dr. N. O. Jones of York, Neb., was
chosen conference superintendent
Thursday morning to take the place
of former Superintendent S. M.
Snider of York. Dr. Jones was re
cently offered the presidency of Lean
der Clark college at Toledo, la., but
did not accept. He has been ork
college evangelist thejast year.
T. R. Talks in Minnesota.
Minneapolis, Minn., Sept. 28.--Theodore
Roosevelt came here to
day for the purpose of addressing two
patriotic mass meetings tonight un
der the auspices of Labors Loyal
Lesion. This afternoon he will re
view the troops at Fort Snel
ling.
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PAUL JONES MIDDY
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Second Floor
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GEO. T. WILSON, Mgr.
Persistent Advertising Is the Road
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THOMPSON,BELDEN - GQ
Zhe fashion Cenier fir Women0
EzceMerot Exhibits of New Fashions for Milady's Autumn Warfrolb
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Satin de Chine, $2.25. Over
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Coatings of the
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Suitable weaves and colors
Values that can't be dupli
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Cooler Days
Warmer Underwear
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Ribbed Wool Vest and Pants
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Silk and Wool Union Suit In S
variety of styles that will prove
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Housewear Section
Has These Specials
Flannelette Petticoats, 59c.
Japanese Kimonos, $1.19.
Dress Aprons, $1.50.
Worth seeing, because they
are so practical and very
attractive.
Basement
The Fur Shop
Enlarged facilities to care
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Larger and better stocks
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Furs from world famous
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Saturday Hudson
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Muffs, throws, capes,
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Huffs, $18, $22.50, $27.50.
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The Blouse Store
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The season's favorite Geor
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Planning Ahead
in Needleworking
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Fall and Winter Coats, $25 to $150
So unlimited in scope is this collection, embracing, as
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Navy Serge Dresses, $18.75, $25 and $35
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Special Attention
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Artneedlework, Third
Floor
$5 For a Pair of Fashionable
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Black Kid Shoes
with White Kid tops.
Patent Leather Shoes
Brown Kid Shoes
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Black Kid Shoes
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In addition, there are numerous other
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Saturday $5 a Pair
Attractive New Millinery
$5, $7.50, $8.50 and $ 1 0
Featuring Saturday,
Trimmed Millinery,
in which one will find
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Quite unusual styles
in all desirable col
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Millinery, Second Floor
Hose for Every Occasion
AH Qualities All Prices
Cotton Hose with split
a medium weight, 50c a
Black
soles,
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Balbriggan Hose, a very fine
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Silk Lisle Hose in gray and navy
blue,6Sc a pair.
Silk Hose in white, colors and
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$1.35 a pair.
Royal Society
Package Goods
Nearly every one is familiar
with Royal Society but even
so, it will be a distinct pleas
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Fall. There is so much that is
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Lessons every day, 10 A. M. to
12; 3 to 5 P.M.
Artneedlework, Third Floor
Warmer Sleeping
Garments for Children
These cool nights make warmer
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Infants' Knit Gowns of medium
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Dr. Denton's Sleeping Garments
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Children's Heavy Knitted Sleep
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Children's Flannelette Gowns,
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Third Floor
AMVSKMKXT8. AMISEMEXTH. PHOTOPLAYS. PHOTOPLAYS.'
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494
THE BEST OF VAUDEVILLE
Lett Two Time
M'INTYRE end HEATH
And Current Bill
Matinee TToday, 2:15
! Tciiht8:10
Next Week, the Ak-Sar-Ben Spe
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"Motor Boating."
TODAYj&'.'S,
LAST TWO TIMES
A VERY HOPWOOD'S GALE OF LAUGHTER
DRAHDEIS
U THEATER
FAIR AHD WARMER
Matinee, 25c to $1.00; Tonight, 25c to SI. 50.
FOUR DAYS, Beginning Tomorrow Night
FISKE O'HARA
la a Now Romantic Comedy
THE MAN FROM WICKLOW
Nights, 25c to $1.50; Wed. Mat, 25c to $1.
Last Time Today
De Noyer and Danie
la a CUvar Comedy Skit
Retter Brothers .
.Th Somoraaulting Scniation
Ives, Leahy & Farnsworth
Wo That Sing
Musical Hunters
Tha Huntsman's Dream
Antonio Moreno's
First Pathe Feature
The Angel Factory
Continuous Leren to Le-ven
RflYD 4 D,y Com. Sunday Mat.
PV ' M DAILY MATINEE, 25c.
The
Truth D;pL The Naked
wiiiii Willi VI TnitB
About
The Question of the Hour I
On Every Woman's Mind!
HER UNBORN CHILD
A Big Play by Howard McKent Barnes.
AU Matinees Except Sunday Reserved
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Everyone Over Eighteen Admitted.
"Omaha's Fun Center"
Curtal RsIms After
Paradu Pais Thtattr
PURPOSELY BOOKED FOR AK-SAR-BEN WEEK
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The carnival's eadltpitsd dladesi. The os show
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Laat Time Today
BEN WILSON
NEVA GERBER in
"THE SPINDLE OF LIFE"
8th &P0V6iM5j
GEORGE M. COHAN
(Himself) in
"SEVEN KEYS TO
BALDPATE"
LOTHROP today
FRANCIS NELSON in
"THE BEAUTIFUL LIE"
SUBURBAN cffiS.
Today BESSIE BARRISCALE
in "THE GOLDEN CLAW"
