Testimony of Family

1.) Frank O'Malia. 
I am the husband of the deceased.  On sunday afternoon, a little more than a year ago, Kelley was drunk, had a big knife and several forks in his hand and threatened to kill somebody. Finally the policemen came, but being afraid to go near, they tipped me on the shoulder and told me, to go in with them.  So I did, we catched a hold of Kelley and took him to the watchhouse.  I never knew that he kept up a bad feeling against me on account of that.  I did not go to his house, nor came he to me.

To my knowledge, my wife never was at Kelley's before the day, she was killed there.  Her name was Rose O'Malia; she was born in Ireland, about twenty-six years old, and married to me about nine years. She would sometimes quarrel with the neighbors, like the rest of them, but was more times quiet; but I never heard of any quarrel between her and Kelley's.  Last thursday, I left home early in the morning and did not expect to be home before night.  The morning after we had removed her, that is last friday morning, about five o'clock she Davy Philbain asked her, if she knew him; she replied "yes, you are Davy Philbain."  I then asked her T during that day, as soon as I thought she got strength enough to answer: "Rosy," says I, "what was it that William Kelley did strike you with, was it with the axe?"  "No" said she.  I asked her then, "what with he did strike her", and she said "with the shovel."  I further asked: did Mrs Kelley strike her?; she answered, she did not know.  For two days after that she spoke frequently and to several persons; I was present almost all the time, but I don't recollect that she spoke of Kelley or his wife, or of the manner how they killed her, again, except that she said, it was on the forehead, where she got the first blow.  The last time she spoke, I think, was during sunday night.  I don't recollect her last words.  She called her little girl several times and told her, to give her the hand; she called her by name, but she did not talk as plain as she used to, though sensible enough.
                                                                                                                           (His
 
                                                                                                               Francis         O'Malia
 
                                                                                                                           mark)
 


2.) Margaret Kelley. 

I am in this town four years last July; three years next February I married William Kelley. I never had anything against Frank O'Malia and his wife.  Kelley got drunk some time ago, I cannot exactly say when; he was inside the house and called names at the Irish-town people; he had the door fastened.  The officers would not force the door in; then Frank O'Malia came and said, if that was all that was wanted, he would assist them in taking Kelley.  I was standing out side of the little gate.

With O'Malia's assistance Kelley was taken as soon as he opened the door.  He owed O'Malia a grudge ever since and swore repeatedly, he would be revenged; but neither O'Malia nor his wife came to our house, except the wife about four and eight weeks ago.  She came in four weeks ago, asked, if I had a little whiskey; I gave her some I was keeping for Kelley, whom I expected to come home from the boat; she drank it, talked a while with me, and went home.  The month before that I went to O'Malia's, to borrow a wash-tub; the next day Mrs O'Malia came, inquiring, if I was through with my washing; it did not matter any, she said, and here are five cents, take them and get a pint of whiskey.  I refused to take the money, and when she attempted to go after it herself, I told her, there should be no whiskey in the house that day.  She got a kind of mad at me, and went off.  She Kelley was not home the one time nor the other.  Last thursday I was not very well and lying on the bed.  In the afternoon, how long after dinner I cannot tell, Kelley told me: "Margaret, there is cabbage below, get up and get some."

"William," said I, "I am not very well, do you go down and get some."  He went and fetched some cabbage, but I thought it was frozen and not worth anything, and I did not like it.  I told him to fetch it back and get some good cabbage.  He went down, left the cabbage below, got I kind of sulky, and coming back, he told me to go down and and sent myself.  I went and bought some cabbage.  Mrs O'Malia was standing there, and perhaps thinking, I was paying to high a price, took up a head and added it to the cabbage I had on my arm.  I would not take it.  But the man permitted me to have it.  So I went up to the house, to fetch in the cabbage and get the money for it.  What little money there was, Kelley had in his pocket.  When I was closing the door, I saw Mrs Kelley O'Malia come after me.  "Don't close the door" said she, and I replied "O no, ma'm."  She came in and the moment she entered, William got her a chair, on which she sat down.  Then I asked him, to give him me five cents to pay the cabbage.  Never mind, said he, you need not go down, until I see you and Mrs O'Malia drink.  I told him that I felt sick and could not bear it.  He had the most part of a gallon of whiskey in a jug in the room; filling out a quart-bottle, got a tea-cup, filled it and drank it himself; then he filled another one for Mrs O'Malia and she drank that too.  The third cup he filled up for me and handed it to me.  I Refused taking it, saying, I could not bear it and would not drink whisky, to make me feel beastly too. With this word I handed the cup back to him.  He refused three times to take it, insisting I should take it.  I told him, before I drank it, I would throw it into the stove.  "No don't," said he, "I bought it very dear."  "Well," said I, "Let me have the bottle and I will put it back,"  "No, you must drink it" he said.  Finally he handed me the bottle and a put the whisky back, to a small rest.  He said, I must take that, & taking the bottle out of my hands, he poured out some more.  I then drank a little of it, spilling the greater part unknown to him.  I handed him the cup; he filled it again and drank it himself, and so he went on with Mrs O'Malia, until they finished that bottle of whisky.  He tried to make me take more of it, but I did not.  When the bottle was empty, he went to the cupboard and filled it again.  After a while Mrs O'Malia fell on the bed which lay on the floor; she was beastly drunk.  Kelley then put the bottle into the closet.  He then spoke of her husband, and how he treated him at the time of the arrest, and he would now have revenge for that out of her.  The woman was so drunk, she could not open her eyes; she was almost drunk, when she came to the house.  Kelley used her; I did not feel offended by that.  After that he spoke some very bad words, said she should have no occasion to tell her husband, whom he had threatened to kill before him.  With this he took an axe, raised it over her; and hit her for ought I know.  I went out to Tom Welsh's for help, saying O'Malia was in the house and Kelley was killing her.  I told them to come, or the woman would be killed, but they would not come; so I went back, and found the woman lying on the floor.  Kelley was not in the house and I did not see him, until he was in the hands of the officers.  Kelley had the axe raised when I went out; I did not see him strike.  When Welsh refused to come, I hallowed "watch" twice and went in to my house.  Soon after a whole crowd of women came in; Mrs Connor was amongst them, and to her I handed some water, to wash Mrs O'Malia's face with.

What I said to the women, I don't know. I saw Kelley fetch in the shovel in the morning, to take out the ashes from the stove, but I did not see where he put it, as I was lying on the bed.  The axe had been lying behinder the stove.  We had two axes; the second one belongs to my son.  The iron spike belongs to my younger one of my sons; it was behind an old box, as far as I know.  I did not see Kelley go out; he was gone, when I came from Welsh's. Welsh did not enter my house before the women crowded in and I did not see him then. I noticed no weapon in the room, after Kelley had left; looking only to the woman.  I don't know where Kelley went to. I did not strike Mrs O'Malia, and I did not even touch her.  The door on Riverstreet cannot be kept shou but by bolting and Mrs O'Malia had bolted it herself, after she came in.  The other door was locked.  Just after the woman fell down drunk, Kelley sent Michael away after his boot.  I did not see Michael until after the time the crowd came in.  The shovel was broke, when Kelley wanted to use it for the ashes; he mended it and used the spike in doing so, but upon my request he put the spike back behind the box.  I did not touch the shovel at any time of that day, nor any of the axes, not the spike.  The shovel was straight, when I last saw it.  I did not not shut the door, after Kelley had left, but left it open.  The axe with the big handle is the one belonging to Kelley.

I don't remember having refused admittance to any woman; Bridget Murphy did not come near the house.  My son's axe was in the bedroom of my sons and I did not see it on the day I was arrested.  I was sick in consequence of abuse from Kelley, the saturday before; I had taken a little whisky, but I was not drunk. I cannot be mistaken in regard to the axes; the old one, with the big handle, was behind the stove; Kelley had split wood with it and threw it there.  I had an eye on him, because I knew, from his drinking, there would be a fuss.  Kelley never said he would murder any one but myself.

                                                                                                    (Her

                                                                                     Margaret          Kelley

                                                                                                    mark)