Testimony of Experts
1.) A. E. Burlison.
I was first informed of an affray at Kelley's last thursday afternoon by one of the neighboring women. Mr. Eastman stated, the woman was killed and he would go after Kelley. Soon after I met Eastman, with Kelley in his charge; we went to the shanty and there found Mrs O'Malia on the floor. We took Kelley to the station-house. Some one told him, he had killed Mrs O'Malia, to which he replied, he did not strike her, it was his wife that struck her. He then made some remarks about his wife being having been in the watch-house, and said he had just paid her fine, ten dollars, to get her out. After locking him up, I went down to the house again; Mrs O'Malia was lying on a bed upon the floor, very bloody; the floor was covered with blood, and the side spattered more or less, clear up to the ceiling. I got a light and searched the house, Mrs Kelley having been arrested by officer Rogers. The smaller axe here present was in the left corner of the room, comi looking in from Detroitstreet, a little blood was on one end, and this was fresh in my opinion, though it is hard telling because the axe is rusty. A club, some two or three feet in length, and of a reddish color, which has since been lost, was lying upon or under a table in the northeast-corner of the house. I did not examine that club closely; found no blood on it. The axe with the bigger handle was found in the shed-part of the shanty, and there was no appearance of blood on it. Coming out of the shed and not being quite satisfied, I took a light and searched again. In a barrel, in the shed, I discovered a flask, holding about a quart, and perhaps two thirds full; the barrel was covered up with a board and other things. In the east-end of the shed the man being with me, and whose name I don't know, discovered a shovel, which he pulled out. It was the same one now before the jury, and in the same state. The hammer now here was on the same table with the club, but I am not sure of that; this is the broken hammer.
The iron spike was in the shed, I think; it may be that both, hammer and spike were on the table. About six o'clock P. M. of the day, Kelley had been arrested on, I went to the cell and brought him into the office of the watchhouse. Messrs Rodgers & Neville were present.
Kelley stated: a waggon or sleigh came along opposite his house with some cabbage;
his wife went out to buy some, came back to the house with three or four heads,
but did not pay for them. The man got angry with those that did not pay; Kelley
remarked to him, he acted like a fool, & sent him the change out. Mrs O'Malia
was near the waggon at the time, and Mrs Kelley invited her in to his house.
They had some liquor. Kelley poured some out for Mrs O'Malia; he drank then
and poured out half a cup for his wife; after she drank it, he gave the bottle
to Mrs O'Malia and she took another cup full. Offering some liquor to his wife,
she said: "give it to your bitch." He as pretended, not to know, who was meant
by that; but his wife seemed to be angry. He sat down on the bed; Mrs O'Malia
was near him and fell down on the bed; her clothes coming up to her knees, he
took hold of them and pulled them down. Mrs Kelley then took the axe and struck
Mrs O'Malia; it was the old axe, with the big handle. This is about the substance
of Kelley's statement, who was somewhat intoxicated when he made it.
A. E. Burlison
2.) Dr. Robert S. Strong.
I was called last thursday afternoon about three o'clock, found a woman lying on the floor of Kelley's stanty [shanty], in an insensible condition, pulseless, with cold hands and xtremities. On examining the body, I discovered several cuts and bruises on both arms, both fore-arms, both hands and both lower extremities; extensive ecchymoses and extravasates under the skin of both upper and lower extremities and nates. On a more particular examination of the head, neck and face, I discovered a fracture at the juncture between the supra-orbital ridge of the frontal and the malan bone; a large bloody tumor corresponding to nearly the whole parietal bone and extending almost to the foramen ovade in the occipital bone; behind the left ear a large wound of a semilunar shape, corresponding to the figure of the ear, through which I could distinctly feel a fracture about the suture between the parietal and temporal bones; a wound of the skin, penetrating to the muscles; several ecchymoses around the neck, one a considerable one over the left eye which was nearly closed. On taking a general view of the case, I found the chances of recovery very slight, scarcely any, there being in my opinion, a fracture through the basis of the brain.
The woman remained insensible during the night, but rallied a little next morning. With occasional lucid intervals, so as to recognize individuals and answer questions correctly, she remained until she died, a few hours after midnight, Decbr. 21th 1859.___ I made a postmortem examination of the deceased, in company with Drs Messenger and Capener, at three o'clock of the afternoon of the last named day. On viewing the body, the only marks on the right upper extremity are: a contusion in the bent of the elbow; on the second finger an oblique wound over the inside of the joint, and penetrating down to it; another wound on the index finger, midway between the joint and the articulation of the metacarpal bone; at the joint of the little finger and the metacarpal bone a contuse lacerated wound penetrating through the skin; in the centre of the second metacarpal bone a contused lacerated wound. The left upper extremity exhibited a contused wound at the joint between the index finger and fi metacarpal bone, half an inch long, semilunar in shape; higher up on the forearm three abrasions of the skin, each about two inches long; on the arm two lacerations of the skin, one fully three inches in length, the other one inch; extensive ecchymosis of the anterior and posterior surface of the whole of the left arm, from the shoulder to the elbow, and back over the scapula of the same side. Abdomen and chest presented no marks of violence externally. On the right lower extremity we found a laceration of the skin, about four inches above the interior malleolus, and about an inch and a half in length; on the interior side of the calf extensive ecchymosis; on the inside of the knee-joint, directly over the internal condyle of the femur a deep penetrating wound, one inch deep, slightly lacerated, but still a clean cut, extending down to the bone; it might have been inflicted by a heavy edged weapon; the whole interior and anterior part of the tigh ecchymosed. On the left lower extremity a lacerated wound of the skin, about two inches above the external malleolus; abrasions of the skin in four places, with extensive ecchymosis of the posterior and external surface of the tigh. On the face we found: a wound on the left cheek, about one and three fourths of an inch long, penetrating through the skin down to the muscles; this wound had all the appearance of having been made by the same instrument, that made the wound on the inside of the right knee; a penetrating wound on the external margin of the supra-orbital ridge of the frontal bone, where it unites with the malar bone, fracturing both bones about their junction; another was an irregular torn lacerated wound of the left ear, running from the inferior to the superior lobe of it, entirely or nearly separating it from the head; another wound from the upper portion and behind the ear, which ran in a semilunar form down to the inferior part of the organ; this wound was deep and penetrating, about three inches long, fractured in several pieces the subjacent temporal bone; a torn wound of the skalp, four inches long, and appearantly inflicted with a blunt narrow-edged weapon, extending from the middle part of the parietal bone down to the ear; the weapon in its course sank deeply into the ear, making a transverse cut through it; another deep wound penetrating to the bone, right over the parietal, three inches long, extensive ecchymosis and extravasation of blood over the left eye-lid. On the posterior part and back parts of the body no marks of violence were found, besides the ecchymosis of the nates before noticed. The whole body presented the usual rigor mortis. On removing the skalp from the entire surface of the cranium, there was considerable extravasation of blood found between them, indeed nearly over the entire surface of the cranium. On further examination, the fractures as formerly described between the frontal and malar bone was found, running into the orbit. An irregular fissure, but very extensive ran through the temporal bone, commencing at the upper part of the wound behind the ear, running downwards, backwards and inwards several inches, into the occipetal bone and thence to the base of the skull, also & running into the meatus auditorius and even connecting with the fracture of the orbit. On removing the skullscap, and afterwards the dura mater from the a considerable quantity of extravasated blood, to the amount of several ounces, and corresponding in its situation to the external injuries, was found between the bone and the dura mater. Between the dura mater and brain there was extensive exsudation of lymph, evidently the result of acute inflammatory action; the vessels of the surface of the brain were all in a highly congested condition, but the substance of the brain perfectly healthy. There was a quantity of serum in the lateral ventricles of the brain, and infiltrated into that substance and the arachnoid membrane.
The other organs of the body were not examined, sufficient injuries being found
in the head, to account for death, and there being evidence, that the woman
was in good health up to the time she received the injury. In my opinion, death
was caused from fractures of the skull which said injury caused extravasation
of blood by rupturing the bloodvessels in the base of the brain and side of
the head, which, combined with the inflammatory action following in the brain
and its membranes, resulted in death. In all probability the injuries were inflicted
by a combination of blunt and sharp-edged weapons.
= Robert S. Strong =
3.) Dr. A. C. Messenger.
Having taken part in the postmortem-examination on the body of Mrs O'Malia, I do not differ from Dr. Strong's opinions on any essential point, as far as the examination and the conclusions drawn from it are concerned. I saw the woman after she had been removed to her husband's shanty and once heard her speak on friday; she said nothing touching the persons that made the assault on her.
A. C. Messenger