244

TUESDAY

Ever since the first week of the Sheedy trial, rumors have been rife of a serious difference between counsel for the defense, and though efforts were made by the reporters to get at the bottom facts, they were so carefully concealed during the progress of the trial, that nothing tangible was developed though rumblings of discontent would crop out at occasional intervals, only to die away without having revealed their true character.

Since the close of the case the true inwardness of the prevalent dissatisfaction has floated to the surface, and discloses that there was very little harmony between counsel for defense.

The trouble appears to have begun with the appearance of Col. Biggerstaff and Judge Wier upon the scene. From one of the attorneys for Mrs. Sheedy it was learned last Saturday that when Judge Wier, whose presence in the case was at the behest of Col. Biggerstaff, upon reaching Lincoln and learning of the fee - $15,000 - agreed upon by Mrs. Sheedy, payment of which was made conditional upon her acquittal, took immediate steps to have the fee modified, claiming that it was excessive and disproportionate to the benefits to accrue from a favorable verdict. This brought the judge and Col. Biggerstaff in violent friction with Counsel Strode and stearns, who were the proposed beneficiaries in the even of success, and a row ensued. It is claimed that an attempt was then made by Stearns & Strode to crowd Judge Wier out of the case, with the result that the eminent counsel, through Col. Biggerstaff, made an appeal to Mrs. Sheedy, who thereupon took a hand in the controversy and decided to see that Judge Wier was accorded the recognition due him.

The next move is alleged to have been an attempt by counsel for defense, led by Judge Weir to insist upon separate trials for Mrs. Sheedy and McFarland. This mode of preceedure was suggested because of a well grounded fear on the part of counsel for Mrs. Sheedy that in view of the prospective evidence a conviction was likely to follow, and, of course, carry Mrs. Sheedy down with the negro. The proposition, as detailed to a representative of the News, by one of the attorneys for defense, was, to put McFarland upon trial first. Should he be convicted and sentenced, an effort was to be made to postpone the trial of Mrs. Sheedy until the following term of court, when, public sentiment having abated, the prospects of her acquittal would be largely improved. The negro, if convicted, would have been sentenced, and sent to the penitentiary, and when brought upon the stand to testify against Mrs. Sheedy, would stand to testify against Mrs. Sheedy, would stand in the infamous attitude of a convicted felon, to whose testimony no great degree of credence would attach. This would all militate in favor of Mrs. Sheedy and operate as a powerful factor in accomplishing her acquittal. It is alleged that one of the attorneys for Monday McFarland expressed a willingness to consent to this proposition, but when brought to the attention of Col. Philpott, the fiery little gentleman denounced it in unmeasured terms and impetuously exclaimed:

"By G-d, gentlemen if this in your game, go agead with it at your peril. My nigger holds the key to the situation and by the great horn spoons I'll see that he uses it. He's ready to hang anyhow, but if there is a neck tie party, Monday McFarland will have white company on the scaffold. If you want to sacrifice him go ahead but another will assist him to tread the measure in the dance of death."

The determined stand taken by Philpott is said to have broken the combination and resulted in a joint trial, the result of which has now passed into history.

However, harmony failed to fold her whitened opinions over the camp of counsel for the defense, and for some reason not yet disclosed, Col. Billingsly withdrew from active participation in the case and continued to stand gloomily aloof until the close, his place being taken by Mr. Woodward.

There had been, since his successful effort to have the $15,000 fee reduced, a disposition on the part of associate counsel to crowd Judge Wier into the shade, if not out of the case. The judge resented this invasion of his right, and again an appeal was taken to Mrs. Sheedy, and again he was sustained. She is said to have insisted, against the protest of her leading counsel, that Judge Weir should be accorded generous recognition in the cross-examination of witnesses, and this he did. Then, near the close, an attempt was made to bar him from making an address to the jury, but again he triumphed and made a masterly argument on behalf of his fair client. The case then terminated with anything but good feeling existing between Judge Wier and local counsel for defense. Then followed a denouement known to only a few. Through some secret influence, it is claimed, Mrs. Sheedy sought to violate her obligation to Judge Weir, and for a time the distinguished advocate from Idaho was at a loss to know from what source to expect pay for his services. As a last resort he is reported to have held a consultation with Col. Biggerstaff and intimated that in the absence of remuneration from Mrs. Sheedy he would hold the colonel responsible for his fee of $3,000. This aroused the lion in Col. Biggerstaff and he paid a visit to Mrs. Sheedy and demanded an explanation. Receiving little satisfaction the colonel sought to become temporarily oblivious to sublunary affairs and succeeded in doing so through the medium of valley tan. While wrestling with the demon of red-eyed ruin, he collided with one of counsel for defense and became involved in a violent quarrel, during which he threatened to perforate the corporal anatomy of said counsel with leaden pellets of the regulation Idaho calibre. The distinguished legal advocate, conscious of the imminent danger and not being in a moral condition to don angelic pinions, resorted to strategy to avert the impending calamity. Striking a tragic attitude counsel launched out in a speech, and in less than two minutes the only sound to break the harmony of his own voice was the gentle cedence of half dozen snoring auditors, chief among whom was the sanguinary colonel from Idaho. Col. Biggerstaff recovered consciousness the next day after repeated applications of the hose, but the other unfortunate auditors still sleep on.

The serious dilemma in which Judge Wier was placed induced him to consult a well known attorney yesterday, having in view an intention to commence suit to recover his fees. Learning of this, Mrs. Sheedy sent for ex-Marshal Melick, who has been appointed administrator of the Sheedy estate, to call upon Judge Wier and effect a settlement. Mr. Melick and Judge Wier met at the Columbia National bank, where, following a lengthy conference, Melick paid Judge Wier $500 in cash and gave him a note for $1,000, said to mature in thirty days, when it is hoped to have effected a settlement of the estate and realized sufficient money to liquidate current indebtedness. It is said Col. Biggerstaff will pay Judge Weir the difference between $1500 realized, and his fee of $5600 offered the judge for his legal service in the case.

Prior to his departure for Idaha, Col. Biggerstaff is reputed to have called upon and held a stormy conference with Mrs. Sheedy, who he told in emphatic terms he desired nothing further to do with her.

The potential part played by by Col. Philpott and Mr. Woodward or Col. Billingsley in the case, in inducing Monday McFarland to maintain silence on sever occasions when he was on the eye of squealing and making further damaging disclosures, entitles them to consideration, and they will be recognized to the extent of several thousands of dollars in recognition of services rendered. Strode & Stearns have filed their mortgage on portions of real estate belonging to Mrs. Sheedy, to secure the payment of their fee of $12,500, and they retire from the case amply compensated.

Meantime it remains for the future to make public a number of disreputable transactions attempted and consummated in connection with the Sheedy case that would bring the blush of shame to the cheek of a wooden cigar sign. The freed and infamy of several of these transactions stamp the parties concerned as a greedy pack of human wolves, who would, if given opportunity, rob one of his faith in Divinity.