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LEGAL NEWS.

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TUESDAY

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DAVID BUTLER.

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Death Removes a Well Known Pioneer and Ex-Governor of Nebraska.

The sudden death at Pawnee City of David Butler, who was cut down by heart failure while at work in his years, removes from earth a man whose name will ever be associated with the early history of Nebraska. He was born near Bloomington, Ind., December 15, 1829, and remained on his father's farm until 21 years old. He engaged with his father in the cattle business, but the latter dying soon after, he embarked in mercantile life. The panic of 1857 ruined him with thousands of others, and in 1858 he removed to Nebraska, settling in Pawnee county. He soon amassed a fortune in cattle and mercantile business and in 1880 was married to Miss Lydia Storey of Bloomington, and the following year was elected to the territorial legislature, serving until 1886.

David Butler was the first governor of the state of Nebraska. He succeeded Alvin Saunders, who was the last territorial governor. Governor Butler was elected in 1866, but did not enter upon the duties of the office until the admission of the state into the union in February, 1867. On October 8, 1869, he was re-elected and again elected October 18, 1870. On June 2, 1871, Governor Butler was succeeded by W. H. James who as secretary of state assumed the office. Secretary James became acting governor on the order of the legislature which impeached Butler. The impeachment proceedings attracted world-wide attention. Butler was charged with using $16,881.26 of state funds for his private purposes. In his answer he admitted that he had received the money, but claimed that he had borrowed it with the consent of the state treasure and had secured the treasurer by mortgages on valuable real estate. The legislature removed Governor Butler from office. Since then the state has sold the real estate under mortgages and realized many thousands of dollars over and above the amount used by the removed governor. At several sessions of the legislature Governor Butler has caused to be presented a bill authorizing that the balance thus realized, after all principal and interest should be paid, be paid over to him, but the prejudice was so strong that his claim has hardly received consideration. Of late Governor Butler has been identified with the independent movement in this state. Ex-Governor Butler was born in Indiana and located in Pawnee county in 1858. He was a member of the territorial legislature. In 1888 he was the labor candidate for governor.

The most exciting period of Nebraska history was before and during the impeachment of Governor Butler. The rivalry between Lincoln and Omaha for capital honors, a heated senatorial contest and several minor matters roused an intense factional and sectional feeling. Butler had thrown his great energy and ability for Lincoln, and his influence turned the scale in the city's favor. Lincoln, and his influence turned the scale in this city's favor. Lincoln's enemies became his personal ones, and the impeachment trial followed. He fought valiantly, and although the legislature by an infinitesimal majority impeached him, he appealed to the people, who recognized the justice of his claim, and the ignominy was wiped away. His enemies succeeded, however in forcing him from political life, and he retired, once afterwards coming up as a senator from Pawnee.

The gubernatorial mansion, a handsome structure of Butler is still standing at Eighth and Washington streets. Butler spent a fortune in fixing it up, and many notable gatherings were held there. When he retired from political life he sold it to "Lord" Jones, and Englishman, man for a paltry sum. Jones still owns it, and the undivided tract surrounding it, worth today many times what he paid for it. S. B. Hohman resides there. Butler spent his money lavishly for Lincoln and his friends, but adversity drove away many who had benefitted by his bounty. His death will be mourned by every one who knew him and appreciated his manly qualities.

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WEDNESDAY

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Yesterday Afternoon.

When the hour arrived for the court to reconvene yesterday afternoon, an audience drawn from the culture and refinement of Lincoln homes graced the occasion with its presence. Hundreds of elegantly attired ladies were there, seated inside and outside the railing separating the auditorium from the space reserved for the privileged relatives and friends of the prisoners, the counsel, the court and attorneys for the state. The sides of the room were fringed with a closely packed mass of humanity which stood for hours hanging upon the burning words of Counsel Frank Hall, who was at the time making his argument to the jury.

Resuming the thread of discussion broken by the noon hour, Mr. Hall said:

The learned advocate who addressed you yesterday tried to convince you that this prosecution was being waged against Mrs. Sheedy for a venal purpose, and he though that is the spirit of John Sheedy could speak from the great beyond to Dennis Sheedy it would exclaim: "For God's sake stop that persecution of my beloved wife. If John Sheedy's spirit could speak from that place, he would tell a different story. I have no doubt that John Sheedy's spirit has visited this woman in her solitary confinement more than once since, and took its flight, and I would to God that you might know the story that John Sheedy's spirit could tell. He would tell a story that would stir the pulsations of your heart. He would tell a story that has not been told by the witnesses upon this stand. He would tell you what occurred in his home circle after he was assaulted, and unless that spirit tells the story, I fear you will never know 1, since the only people who do know it, do not see fit to tell it.

Talk about the spirit of John Sheedy calling his brother to desist from this cruel prosecution, why, if there ever was such case under nigh heaven which spoke in tongues of fire to avenge the murder of John Sheedy, his spirit would carry that message to his brother, Dennis Sheedy: You have heard of the murder of King Claudius. How his spirit returned and chided his son, Hamlet for not avenging his most cruel and could murder. Do you believe Dennis Sheedy is prosecuting this case for the paltry amount that will fall to his share of the estate of John Sheedy? Why, if a wife can murder her husband in an enlightened, Christian community, and the brother would not raise his arm to defend it, to avenge it, to prosecute the guilty party, he would be unworthy of the name of a brother, and I think John Sheedy's spirit would come back to haunt him and chide him for the brotherly duty neglected and unfilled. From my standing, it is most commendable in the brother of a dead man o spend his own money, his own time and his own strength for the purpose of prosecuting the parties who murdered his brother. Talk to me about blood money, and about the detectives and the officers and the attorneys having their pockets lined with Dennis Sheedy'smoney. If you can show that a dollar of Dennis Sheedy's money has been illegitimately used in this prosecution, then show it and damn this prosecution if you can. That is for the purpose of appealing to your meaner nature. That appeal is unworthy of the able counsel for the defense. It is an appeal to your baser passions for the purpose of awakening a sympathy for the woman and a prejudice against Dennis Sheedy. Because I conceive of nothing meaner, nothing baser, nothing more depraved than for the brother of the murdered mand to prosecute a woman with the belief that she was innocent.

Mr. Courtnay tells what Dennis Sheedy did for this woman before she was suspected, before she was arrested, before the finger of suspicion pointed to her; that he arranged everything in the most systematic manner. He replenished her bank account with $550 that he had collected from different people who owed his brother's estate. Did he put it down in his own pocket and go to his home in Denver? No, he hired an attorney and paid him out of his own pocket, and put everything in the best possible shape he could for this woman, and put this money in the bank to her account, and then said, I have done all I could for you if you were a sister. That is what Courtnay testified to, and this is what Dennis Sheedy did, and notwithstanding all this they have the hardihood, and in a spirit of desperation, they would attempt to poison your mind against Dennis Sheedy. Have you seen Dennis Sheedy hounding in the courtroom? Have you seen Dennis Sheedy hounding detectives to prosecute this woman? The only time Dennis Sheedy has made his appearance in this court house was in obedience to a subpoena issued by the defense in this case. Have you seen any other blood thirsty relatives of this murdered man present as though they were eager to work up a case and lend their assistance in the prosecution of this woman. It is not so enticing to their ears as it seems to be to that of the defense. I mention this because I say it is not fair. It is unmanly, it is unprofessional on the part of these defendants to try to put this phase in this case. God knows I have no objection, not one word of fault to find with the defense. I would not have cared if they had employed the best counsel in the land, if they have not got them; I would not want them to leave one stone unturned for the defense of this case. If they can prove by the ability of counsel, or by detectives, or by the ability of anybody that these defendants are not guilty, it is their duty as advocates of the defense to do it, and I shall find no fault with their employing Mr. Pinneo, Mr. Carder or Mr. Orow or anybody else. It is immaterial to me how many detectives they get, or where they find their evidence, so it is evidence. They have bought counsel from Idaho, and I am glad of it. I am glad that when a conviction is had in this case nobody can say it was brought about for want of ability or enterprise in behalf of these prisoners.

How did she know who Walstrom was? She had met him only a few days in a distant state while she herself was an inmate of a hospital. She could not possibly known but little of his antecedents, and the meagre information she possessed must have been gotten from him. Then why was she so solutions for his welfare? Why did she want him to room with Johnny Clausner? Had she ever asked Clausner to room with anybody else? They assert there is no crime in a married woman making presents to a young man; that she bought and paid for them and could bestow them upon whom she pleased. But what induced her; what motive governed this woman in making these presents to a young man with whom her acquaintance had been so brief? But, gentlemen, don't you believe these presents went where he affections were?

I concede that a married woman may with propriety write a young man a letter. It is not the letter; it is the content of it that reflect upon her. Do you for a moment believe that John Sheedy knew of this clandestine correspondence between his wife and this recent importation from Birmingham, Alabama? If this correspondence was harmless in its character, why did not her counsel introduce the notes that must have been in her custody, in evidence and refute the charge that it was of a incriminating nature? Walstrom had her notes and she had his. Why does not Walstrom come into court, produce these notes and clear Mary Sheedy from the blighting suspicion that attaches to her? He dare not do it; and doubtless she has long since consigned the damning letters of Walstrom to the flames, and placed the character of their contents beyond human reach. Why, if these notes were guiltless of crime, were they afraid to confide the to the custody of the United States malls? Because they feared discovery, and used a private messenger whom they could trust.

About the first thing she done after Sheedy had died was to send for Walstrom. Why did she not send for some of the family friends? Because Walstrom was most interested in Sheedy's death. There is no proposition more true than that murder will out. it may go unpunished for a time, but tardy justice will at last o'ertake and punish crime. In an affair of this kind the perpetrator usually leaves some tell this clue behind, and in this instance Mrs. Sheedy made the fatal mistake of supposing that the mind of Monday McFarland would be a safe storehouse for her hideous secret. But the human mind is so constituted that it shrinks from crime, and after staggering under the burden that weighed down his conscience for a few days. Monday McFarland vomited forth his confession and 'relieved himself of the terrible secret. That secret had wandered like a white phantom through the chambers of his brain; it had seethed through his veins and flitted across his face until he believed every man and woman he met read his secret. He suspected that a thousand eyes read it in his every expression until he yielded to the pressure and told it. He could not but relieve his mind of the awful burden that weighed it down and haunted every moment of his existence. He told it because it was an unwilling occupant of his heart and cried for release, and I'll venture he felt relieved if not happy when he vomited it out and got rid of it.

Why from the conduct of Mrs. Sheedy since she has been here on trial you would think she is not interested. But, while she has played her part well, she has not played the part of 'a bereaved, sorrowing and broken-hearted woman' so feelingly portrayed by Judge Weir. It is difficult for any one to act a dual role, and in attempting it she has most miserably failed. Do you believe that if she is the woman Judge Weir has pictured she could sit here as she has, as cold as a marble statue and manifest no more emotion than a figure carved in stone? Has her bearing been that of a 'sorrowing, broken-hearted, grief-stricken woman?' No; it has been the reverse; it has been malignantly defiant and repulsive brazen.

Reply to Woodward's reference to the confession Mr. Hall said: "He has not sought to deny its truth, but has made the claim that it was not properly procured. Why did they not disprove its truth? Why did they not make any attempt to show us where Monday McFarland was on that eventful evening? Why Woodward, had you only gone a little further and attempted to show where he was a half hour before and after the assault upon Sheedy we would have allowed you that latitude? But you didn't dare to do it. Do Hosman and his wife know better where McFarland was on that night of December than he does himself. He has confessed four separate times and each time said it was he who fired the shot that night in Sheedy's yard, and he ought to know.

Yes, murder will out, and on the evening in question, while returning from the Musee, Mrs. Sheedy, whose guilty mind surged beneath her breast, sought relief from the oppression that weighed it down by confiding to Mrs. hood a sense of impending evil. "I feel that something is going to happen," remarked Mrs. Sheedy that evening. "I felt the same the night John was cut with a knife once before." This discloses that she knew of the contemplated assault upon her husband. She knew that the assassin was at that moment laying in wait for her husband.

Counsel Hall then proceeded to an exhaustive review of the voluminous evidence. His effort was a masterly one, and places him in the front rank of Nebraska's most logical, forceful and brilliant lawyers. His delivery is easy and eloquent, and also earnest, convincing and captivating. The immense audience listened and wrapt with attention and visible pleasure throughout his entire argument, which reached the climax at the close, when he made a peroration of unrivalied delicacy of expression and beauty of finish. R. D. Stearns, counsel for Mrs. Sheedy, next addressed the jury. He characterized the action of County Attorney Snell in this prosecution as that of a bound out boy. He scored him for playing a secondary part and not doing more questioning and cross-questioning. he condemned the alleged charity of Dennis Sheedy in giving Mrs. Sheedy $550 "This is wonderful charity," said he. when we remember that he took home with him a valuable gold watch and chain and other articles not belonging to him. This action is to be investigated later. What credence can you give to Goldwater's testimony after he told the story that he did to Burr about Jim Malone offering him a reward of $200? It would take a magnifying glass of 2,000,000 power to find the veracity of Goldwater, particularly if Jim Malone had polished him up. This man did as he did because he wished to stand in with the officers, and was after gain.

"A remarkable instance in this case is that several persons had passed and repassed on the porch, it had been scanned in search for blood spots, but the cane had bot been found. Fully twenty minutes had passed before--it was discovered there. Why don't the prosecution prove that the cane was not put there after John Sheedy was taken into the house? Another remarkable circumstance is the fact that the prosecution had not proved that the ring had been given to Monday McFarland. Could they not have proven this by half a dozen witnesses.

"The prosecution would make you believe that Mrs. Sheedy is a monster of wickedness. The face of Mrs. Sheedy indicates that of a cultured or at least refind woman. If you have scanned the face of Mrs. Sheedy you cannot help but see that it is a refutation of the scandalous, cruel and wicked lies that the prosecution are so glib in relating. You cannot find anybody who can believe the story of illicit intercourse with the negro. It could not have happened at all. It never did happen. Just think to what depths of degradation a woman would have sunk to be guilty of such a thing. Nature herself refutes, denies and condemns the awful story. Just think, gentlemen of the jury, of the absurdity of a lover being willing to kill a man so that another lover might supplant the man who did the killing. Is such a thing probable? And yet that is the way that the prosecution would have you believe. They claim that Monday McFarland, out of his love for Mrs. Sheedy, killed Mr. Sheedy so that another lover, Walstrom, might carry her away. It is out of the range of human reason.

"The presumption of good character like that of innocence is always held until proven otherwise, and the attorneys for the prosecution have no right to have you presume otherwise."

This Morning.

Mr. Stearns "spit" on his hands and launched out as follows:

Now, gentlemen, I will not talk long, but conclude the line of argument upon which I was engaged when we closed last evening. When we closed I was discussing some of the evidence adduced by the prosecution to show the connection of Mrs. Sheedy with this crime. There has been considerable said about Mrs. Sheedy making presents to Walstrom, such as night shirts, neckties and ring pouches. She may have done this, but I call attention to the fact that non of the witnesses summoned to the stand by the state conclusively identified any of these articles. Mr. Hall displayed a wondering ingeniousness in questioning these witnesses, and may have left the impression upon your minds that the articles were fully identified, but I claim without fear of contradiction--that they were not identified. You cannot possibly believe there was any criminal intimacy between Mrs. Sheedy and this man Walstrom. There is not a scintilla of evidence to prove it. The state asks why we have not produced these articles alleged to have been presented by Mrs. Sheedy to Walstrom to prove they were not given him instead of her husband. We answer they had possession of the articles. They had Walstrom too, why did they not keep them and him? Why did they not hold him? I undertake to say this--if there was anything criminal between Mrs. Sheedy and Walstrom, why have they allowed Walstrom to escape? The truth is the prosecution has ransacked creation in support of the proposition that criminal intimacy existed between these two people and they have conspicuously failed to find anything to corroborate the allegation. Where is Walstrom? If criminal intimacy existed, then Walstrom is as guilty as she. They why is he not here? The criminality they spoke about is evolved from their inner consciousness and is a creation of diseased brains, and there is nothing in it. The prosecution holds that whoever dealt Sheedy the fatal blow must have had assistance from a co-conspirator inside. What was that freak, Krouse, from the musee, doing around there that night? His own evidence shows that he had taken refuge behind a tree to avoid the bullets from John Sheedy's revolver. He rushed into the yard, was met by Mrs. Sheedy, who invited him into the house. He did not go, but started to run back of the house and ran slap dash into the lattice work. If the east curtain, as he claims was up, would not the lighting shining ut have show the lattice and disclosed it to his view.

They tell you that John Sheedy died like a dog. I cannot conceive the motive that could induce an attorney to make such a statement. What could have been done for him that was not done? Did she not wipe the dew of death from his brow and moisten his lips in the last moment of dissolution. She called a consultation of the attending physicians and had agreed to abide by the decision of a majority of these doctors. She did everything possible for her dying husband and exhibited a wifely devotion.

Mr. Stearns then devoted himself to a discussion of the unreliability of circumstantial evidence, holding that evidence of this character has been responsible for a long list of judicial murders, several of which he cited.

Stearns closed with a humorous reference to an alleged attempt of Lambertson to enliven the trial and create a sensation by the introduction of metaphorical Greek fire in the placing of Sheedy's skull in evidence.

Col. Philpott, leading counsel for McFarland, followed Mr. Strode, and opened by attempting to get what he called a statement before the jury. This statement related to when and where McFarland was born, and his subsequent wandering until he came to Lincoln about nine years ago. Counsel for state objected to this statement, holding it did not relate to evidence adduced on the trial, and it was ruled out.

Col. Philpott then devoted himself to the confession of McFarland, and emphatically denied its truth. He did not deny that McFarland had made it, but maintained that it had been obtained by improper methods, and made at a time when the negro had reason to apprehend that he was in mortal peril of his life, and made the statements contained in the confession as the only means of staving off Impending danger

The colonel did not overlook any bets in Jim Malone's direction, and in a spirit of ungodly glee, he held a metaphorical war dance upon Jim's stalwart carcass, much to the amusement of Jim and the tittering audience. Then the colonel turned himself loose on the doctors and proved, to his own satisfaction at least. that those called in the case were a lot of gimlet eyed ignoramuses who did not know the difference between to oblongata and a dime museum freak.

The colonel held high carnival among the witnesses, and made the court room reverberate with his stentorian appeals for justice for his client, and frantic denunciation of the alleged crooked methods of the defense in trying to convict him.

While Col. Philpott's argument was in progress, Charles Johnson, one of the jurors, became ill, and court adjourned until 2 o'clock.

Mr. Strode will address the jury next, and Col. Lambertson will close for the prosecution, probably commencing tomorrow morning. His argument will be an able and brilliant one, and the fact that he is to address the court will be sufficient to crowd the court room with a splendid audience.
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HE DISAPPEARED.
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Charles Burns, a Burglar Boy, Takes French Leave of Jail.

Charles Burns, colored, made his escape from the county jail yesterday afternoon very slickly and mysteriously. The interior of the jail was being painted, and Burns was taken into the wash house, a one story structure connecting with the jail on the east, by the turn key, Mike Mooney, and when the matters back was turned the youngster slid out, and nothing has since been seen of him, although search has been made. Mike is greatly chagrined over the matter, but he is exonerated from blame, as the escape was not due to carelessness on his part. Burns is about 19 years old, and was under $300 bonds for breaking into the Racket store, 1020 P street, being caught in the act.

In Governor Butler's Memory.

Business is at a stand still at the state house today. Gov. Th[a?]yer, Superintendent Goudy, and a number of of other officials went to Pawnee City this morning to attend the funeral of ex-Gov. Butler. Flags float at half-mast from the state house, the entrances to the vast building are draped in the habiliments of woe and the state offices are all closed out of respect for the memory of the deceased.

LEGAL NEWS.

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TUESDAY

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DAVID BUTLER.

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Death Removes a Well Known Pioneer and Ex-Governor of Nebraska.

The sudden death at Pawnee City of David Butler, who was cut down by heart failure while at work in his years, removes from earth a man whose name will ever be associated with the early history of Nebraska. He was born near Bloomington, Ind., December 15, 1829, and remained on his father's farm until 21 years old. He engaged with his father in the cattle business, but the latter dying soon after, he embarked in mercantile life. The panic of 1857 ruined him with thousands of others, and in 1858 he removed to Nebraska, settling in Pawnee county. He soon amassed a fortune in cattle and mercantile business and in 1880 was married to Miss Lydia Storey of Bloomington, and the following year was elected to the territorial legislature, serving until 1886.

David Butler was the first governor of the state of Nebraska. He succeeded Alvin Saunders, who was the last territorial governor. Governor Butler was elected in 1866, but did not enter upon the duties of the office until the admission of the state into the union in February, 1867. On October 8, 1869, he was re-elected and again elected October 18, 1870. On June 2, 1871, Governor Butler was succeeded by W. H. James who as secretary of state assumed the office. Secretary James became acting governor on the order of the legislature which impeached Butler. The impeachment proceedings attracted world-wide attention. Butler was charged with using $16,881.26 of state funds for his private purposes. In his answer he admitted that he had received the money, but claimed that he had borrowed it with the consent of the state treasure and had secured the treasurer by mortgages on valuable real estate. The legislature removed Governor Butler from office. Since then the state has sold the real estate under mortgages and realized many thousands of dollars over and above the amount used by the removed governor. At several sessions of the legislature Governor Butler has caused to be presented a bill authorizing that the balance thus realized, after all principal and interest should be paid, be paid over to him, but the prejudice was so strong that his claim has hardly received consideration. Of late Governor Butler has been identified with the independent movement in this state. Ex-Governor Butler was born in Indiana and located in Pawnee county in 1858. He was a member of the territorial legislature. In 1888 he was the labor candidate for governor.

The most exciting period of Nebraska history was before and during the impeachment of Governor Butler. The rivalry between Lincoln and Omaha for capital honors, a heated senatorial contest and several minor matters roused an intense factional and sectional feeling. Butler had thrown his great energy and ability for Lincoln, and his influence turned the scale in the city's favor. Lincoln, and his influence turned the scale in this city's favor. Lincoln's enemies became his personal ones, and the impeachment trial followed. He fought valiantly, and although the legislature by an infinitesimal majority impeached him, he appealed to the people, who recognized the justice of his claim, and the ignominy was wiped away. His enemies succeeded, however in forcing him from political life, and he retired, once afterwards coming up as a senator from Pawnee.

The gubernatorial mansion, a handsome structure of Butler is still standing at Eighth and Washington streets. Butler spent a fortune in fixing it up, and many notable gatherings were held there. When he retired from political life he sold it to "Lord" Jones, and Englishman, man for a paltry sum. Jones still owns it, and the undivided tract surrounding it, worth today many times what he paid for it. S. B. Hohman resides there. Butler spent his money lavishly for Lincoln and his friends, but adversity drove away many who had benefitted by his bounty. His death will be mourned by every one who knew him and appreciated his manly qualities.

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WEDNESDAY

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Yesterday Afternoon.

When the hour arrived for the court to reconvene yesterday afternoon, an audience drawn from the culture and refinement of Lincoln homes graced the occasion with its presence. Hundreds of elegantly attired ladies were there, seated inside and outside the railing separating the auditorium from the space reserved for the privileged relatives and friends of the prisoners, the counsel, the court and attorneys for the state. The sides of the room were fringed with a closely packed mass of humanity which stood for hours hanging upon the burning words of Counsel Frank Hall, who was at the time making his argument to the jury.

Resuming the thread of discussion broken by the noon hour, Mr. Hall said:

The learned advocate who addressed you yesterday tried to convince you that this prosecution was being waged against Mrs. Sheedy for a venal purpose, and he though that is the spirit of John Sheedy could speak from the great beyond to Dennis Sheedy it would exclaim: "For God's sake stop that persecution of my beloved wife. If John Sheedy's spirit could speak from that place, he would tell a different story. I have no doubt that John Sheedy's spirit has visited this woman in her solitary confinement more than once since, and took its flight, and I would to God that you might know the story that John Sheedy's spirit could tell. He would tell a story that would stir the pulsations of your heart. He would tell a story that has not been told by the witnesses upon this stand. He would tell you what occurred in his home circle after he was assaulted, and unless that spirit tells the story, I fear you will never know 1, since the only people who do know it, do not see fit to tell it.

Talk about the spirit of John Sheedy calling his brother to desist from this cruel prosecution, why, if there ever was such case under nigh heaven which spoke in tongues of fire to avenge the murder of John Sheedy, his spirit would carry that message to his brother, Dennis Sheedy: You have heard of the murder of King Claudius. How his spirit returned and chided his son, Hamlet for not avenging his most cruel and could murder. Do you believe Dennis Sheedy is prosecuting this case for the paltry amount that will fall to his share of the estate of John Sheedy? Why, if a wife can murder her husband in an enlightened, Christian community, and the brother would not raise his arm to defend it, to avenge it, to prosecute the guilty party, he would be unworthy of the name of a brother, and I think John Sheedy's spirit would come back to haunt him and chide him for the brotherly duty neglected and unfilled. From my standing, it is most commendable in the brother of a dead man o spend his own money, his own time and his own strength for the purpose of prosecuting the parties who murdered his brother. Talk to me about blood money, and about the detectives and the officers and the attorneys having their pockets lined with Dennis Sheedy'smoney. If you can show that a dollar of Dennis Sheedy's money has been illegitimately used in this prosecution, then show it and damn this prosecution if you can. That is for the purpose of appealing to your meaner nature. That appeal is unworthy of the able counsel for the defense. It is an appeal to your baser passions for the purpose of awakening a sympathy for the woman and a prejudice against Dennis Sheedy. Because I conceive of nothing meaner, nothing baser, nothing more depraved than for the brother of the murdered mand to prosecute a woman with the belief that she was innocent.

Mr. Courtnay tells what Dennis Sheedy did for this woman before she was suspected, before she was arrested, before the finger of suspicion pointed to her; that he arranged everything in the most systematic manner. He replenished her bank account with $550 that he had collected from different people who owed his brother's estate. Did he put it down in his own pocket and go to his home in Denver? No, he hired an attorney and paid him out of his own pocket, and put everything in the best possible shape he could for this woman, and put this money in the bank to her account, and then said, I have done all I could for you if you were a sister. That is what Courtnay testified to, and this is what Dennis Sheedy did, and notwithstanding all this they have the hardihood, and in a spirit of desperation, they would attempt to poison your mind against Dennis Sheedy. Have you seen Dennis Sheedy hounding in the courtroom? Have you seen Dennis Sheedy hounding detectives to prosecute this woman? The only time Dennis Sheedy has made his appearance in this court house was in obedience to a subpoena issued by the defense in this case. Have you seen any other blood thirsty relatives of this murdered man present as though they were eager to work up a case and lend their assistance in the prosecution of this woman. It is not so enticing to their ears as it seems to be to that of the defense. I mention this because I say it is not fair. It is unmanly, it is unprofessional on the part of these defendants to try to put this phase in this case. God knows I have no objection, not one word of fault to find with the defense. I would not have cared if they had employed the best counsel in the land, if they have not got them; I would not want them to leave one stone unturned for the defense of this case. If they can prove by the ability of counsel, or by detectives, or by the ability of anybody that these defendants are not guilty, it is their duty as advocates of the defense to do it, and I shall find no fault with their employing Mr. Pinneo, Mr. Carder or Mr. Orow or anybody else. It is immaterial to me how many detectives they get, or where they find their evidence, so it is evidence. They have bought counsel from Idaho, and I am glad of it. I am glad that when a conviction is had in this case nobody can say it was brought about for want of ability or enterprise in behalf of these prisoners.

How did she know who Walstrom was? She had met him only a few days in a distant state while she herself was an inmate of a hospital. She could not possibly known but little of his antecedents, and the meagre information she possessed must have been gotten from him. Then why was she so solutions for his welfare? Why did she want him to room with Johnny Clausner? Had she ever asked Clausner to room with anybody else? They assert there is no crime in a married woman making presents to a young man; that she bought and paid for them and could bestow them upon whom she pleased. But what induced her; what motive governed this woman in making these presents to a young man with whom her acquaintance had been so brief? But, gentlemen, don't you believe these presents went where he affections were?

I concede that a married woman may with propriety write a young man a letter. It is not the letter; it is the content of it that reflect upon her. Do you for a moment believe that John Sheedy knew of this clandestine correspondence between his wife and this recent importation from Birmingham, Alabama? If this correspondence was harmless in its character, why did not her counsel introduce the notes that must have been in her custody, in evidence and refute the charge that it was of a incriminating nature? Walstrom had her notes and she had his. Why does not Walstrom come into court, produce these notes and clear Mary Sheedy from the blighting suspicion that attaches to her? He dare not do it; and doubtless she has long since consigned the damning letters of Walstrom to the flames, and placed the character of their contents beyond human reach. Why, if these notes were guiltless of crime, were they afraid to confide the to the custody of the United States malls? Because they feared discovery, and used a private messenger whom they could trust.

About the first thing she done after Sheedy had died was to send for Walstrom. Why did she not send for some of the family friends? Because Walstrom was most interested in Sheedy's death. There is no proposition more true than that murder will out. it may go unpunished for a time, but tardy justice will at last o'ertake and punish crime. In an affair of this kind the perpetrator usually leaves some tell this clue behind, and in this instance Mrs. Sheedy made the fatal mistake of supposing that the mind of Monday McFarland would be a safe storehouse for her hideous secret. But the human mind is so constituted that it shrinks from crime, and after staggering under the burden that weighed down his conscience for a few days. Monday McFarland vomited forth his confession and 'relieved himself of the terrible secret. That secret had wandered like a white phantom through the chambers of his brain; it had seethed through his veins and flitted across his face until he believed every man and woman he met read his secret. He suspected that a thousand eyes read it in his every expression until he yielded to the pressure and told it. He could not but relieve his mind of the awful burden that weighed it down and haunted every moment of his existence. He told it because it was an unwilling occupant of his heart and cried for release, and I'll venture he felt relieved if not happy when he vomited it out and got rid of it.

Why from the conduct of Mrs. Sheedy since she has been here on trial you would think she is not interested. But, while she has played her part well, she has not played the part of 'a bereaved, sorrowing and broken-hearted woman' so feelingly portrayed by Judge Weir. It is difficult for any one to act a dual role, and in attempting it she has most miserably failed. Do you believe that if she is the woman Judge Weir has pictured she could sit here as she has, as cold as a marble statue and manifest no more emotion than a figure carved in stone? Has her bearing been that of a 'sorrowing, broken-hearted, grief-stricken woman?' No; it has been the reverse; it has been malignantly defiant and repulsive brazen.

Reply to Woodward's reference to the confession Mr. Hall said: "He has not sought to deny its truth, but has made the claim that it was not properly procured. Why did they not disprove its truth? Why did they not make any attempt to show us where Monday McFarland was on that eventful evening? Why Woodward, had you only gone a little further and attempted to show where he was a half hour before and after the assault upon Sheedy we would have allowed you that latitude? But you didn't dare to do it. Do Hosman and his wife know better where McFarland was on that night of December than he does himself. He has confessed four separate times and each time said it was he who fired the shot that night in Sheedy's yard, and he ought to know.

Yes, murder will out, and on the evening in question, while returning from the Musee, Mrs. Sheedy, whose guilty mind surged beneath her breast, sought relief from the oppression that weighed it down by confiding to Mrs. hood a sense of impending evil. "I feel that something is going to happen," remarked Mrs. Sheedy that evening. "I felt the same the night John was cut with a knife once before." This discloses that she knew of the contemplated assault upon her husband. She knew that the assassin was at that moment laying in wait for her husband.

Counsel Hall then proceeded to an exhaustive review of the voluminous evidence. His effort was a masterly one, and places him in the front rank of Nebraska's most logical, forceful and brilliant lawyers. His delivery is easy and eloquent, and also earnest, convincing and captivating. The immense audience listened and wrapt with attention and visible pleasure throughout his entire argument, which reached the climax at the close, when he made a peroration of unrivalied delicacy of expression and beauty of finish. R. D. Stearns, counsel for Mrs. Sheedy, next addressed the jury. He characterized the action of County Attorney Snell in this prosecution as that of a bound out boy. He scored him for playing a secondary part and not doing more questioning and cross-questioning. he condemned the alleged charity of Dennis Sheedy in giving Mrs. Sheedy $550 "This is wonderful charity," said he. when we remember that he took home with him a valuable gold watch and chain and other articles not belonging to him. This action is to be investigated later. What credence can you give to Goldwater's testimony after he told the story that he did to Burr about Jim Malone offering him a reward of $200? It would take a magnifying glass of 2,000,000 power to find the veracity of Goldwater, particularly if Jim Malone had polished him up. This man did as he did because he wished to stand in with the officers, and was after gain.

"A remarkable instance in this case is that several persons had passed and repassed on the porch, it had been scanned in search for blood spots, but the cane had bot been found. Fully twenty minutes had passed before--it was discovered there. Why don't the prosecution prove that the cane was not put there after John Sheedy was taken into the house? Another remarkable circumstance is the fact that the prosecution had not proved that the ring had been given to Monday McFarland. Could they not have proven this by half a dozen witnesses.

"The prosecution would make you believe that Mrs. Sheedy is a monster of wickedness. The face of Mrs. Sheedy indicates that of a cultured or at least refind woman. If you have scanned the face of Mrs. Sheedy you cannot help but see that it is a refutation of the scandalous, cruel and wicked lies that the prosecution are so glib in relating. You cannot find anybody who can believe the story of illicit intercourse with the negro. It could not have happened at all. It never did happen. Just think to what depths of degradation a woman would have sunk to be guilty of such a thing. Nature herself refutes, denies and condemns the awful story. Just think, gentlemen of the jury, of the absurdity of a lover being willing to kill a man so that another lover might supplant the man who did the killing. Is such a thing probable? And yet that is the way that the prosecution would have you believe. They claim that Monday McFarland, out of his love for Mrs. Sheedy, killed Mr. Sheedy so that another lover, Walstrom, might carry her away. It is out of the range of human reason.

"The presumption of good character like that of innocence is always held until proven otherwise, and the attorneys for the prosecution have no right to have you presume otherwise."

This Morning.

Mr. Stearns "spit" on his hands and launched out as follows:

Now, gentlemen, I will not talk long, but conclude the line of argument upon which I was engaged when we closed last evening. When we closed I was discussing some of the evidence adduced by the prosecution to show the connection of Mrs. Sheedy with this crime. There has been considerable said about Mrs. Sheedy making presents to Walstrom, such as night shirts, neckties and ring pouches. She may have done this, but I call attention to the fact that non of the witnesses summoned to the stand by the state conclusively identified any of these articles. Mr. Hall displayed a wondering ingeniousness in questioning these witnesses, and may have left the impression upon your minds that the articles were fully identified, but I claim without fear of contradiction--that they were not identified. You cannot possibly believe there was any criminal intimacy between Mrs. Sheedy and this man Walstrom. There is not a scintilla of evidence to prove it. The state asks why we have not produced these articles alleged to have been presented by Mrs. Sheedy to Walstrom to prove they were not given him instead of her husband. We answer they had possession of the articles. They had Walstrom too, why did they not keep them and him? Why did they not hold him? I undertake to say this--if there was anything criminal between Mrs. Sheedy and Walstrom, why have they allowed Walstrom to escape? The truth is the prosecution has ransacked creation in support of the proposition that criminal intimacy existed between these two people and they have conspicuously failed to find anything to corroborate the allegation. Where is Walstrom? If criminal intimacy existed, then Walstrom is as guilty as she. They why is he not here? The criminality they spoke about is evolved from their inner consciousness and is a creation of diseased brains, and there is nothing in it. The prosecution holds that whoever dealt Sheedy the fatal blow must have had assistance from a co-conspirator inside. What was that freak, Krouse, from the musee, doing around there that night? His own evidence shows that he had taken refuge behind a tree to avoid the bullets from John Sheedy's revolver. He rushed into the yard, was met by Mrs. Sheedy, who invited him into the house. He did not go, but started to run back of the house and ran slap dash into the lattice work. If the east curtain, as he claims was up, would not the lighting shining ut have show the lattice and disclosed it to his view.

They tell you that John Sheedy died like a dog. I cannot conceive the motive that could induce an attorney to make such a statement. What could have been done for him that was not done? Did she not wipe the dew of death from his brow and moisten his lips in the last moment of dissolution. She called a consultation of the attending physicians and had agreed to abide by the decision of a majority of these doctors. She did everything possible for her dying husband and exhibited a wifely devotion.

Mr. Stearns then devoted himself to a discussion of the unreliability of circumstantial evidence, holding that evidence of this character has been responsible for a long list of judicial murders, several of which he cited.

Stearns closed with a humorous reference to an alleged attempt of Lambertson to enliven the trial and create a sensation by the introduction of metaphorical Greek fire in the placing of Sheedy's skull in evidence.

Col. Philpott, leading counsel for McFarland, followed Mr. Strode, and opened by attempting to get what he called a statement before the jury. This statement related to when and where McFarland was born, and his subsequent wandering until he came to Lincoln about nine years ago. Counsel for state objected to this statement, holding it did not relate to evidence adduced on the trial, and it was ruled out.

Col. Philpott then devoted himself to the confession of McFarland, and emphatically denied its truth. He did not deny that McFarland had made it, but maintained that it had been obtained by improper methods, and made at a time when the negro had reason to apprehend that he was in mortal peril of his life, and made the statements contained in the confession as the only means of staving off Impending danger

The colonel did not overlook any bets in Jim Malone's direction, and in a spirit of ungodly glee, he held a metaphorical war dance upon Jim's stalwart carcass, much to the amusement of Jim and the tittering audience. Then the colonel turned himself loose on the doctors and proved, to his own satisfaction at least. that those called in the case were a lot of gimlet eyed ignoramuses who did not know the difference between to oblongata and a dime museum freak.

The colonel held high carnival among the witnesses, and made the court room reverberate with his stentorian appeals for justice for his client, and frantic denunciation of the alleged crooked methods of the defense in trying to convict him.

While Col. Philpott's argument was in progress, Charles Johnson, one of the jurors, became ill, and court adjourned until 2 o'clock.

Mr. Strode will address the jury next, and Col. Lambertson will close for the prosecution, probably commencing tomorrow morning. His argument will be an able and brilliant one, and the fact that he is to address the court will be sufficient to crowd the court room with a splendid audience.
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HE DISAPPEARED.
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Charles Burns, a Burglar Boy, Takes French Leave of Jail.

Charles Burns, colored, made his escape from the county jail yesterday afternoon very slickly and mysteriously. The interior of the jail was being painted, and Burns was taken into the wash house, a one story structure connecting with the jail on the east, by the turn key, Mike Mooney, and when the matters back was turned the youngster slid out, and nothing has since been seen of him, although search has been made. Mike is greatly chagrined over the matter, but he is exonerated from blame, as the escape was not due to carelessness on his part. Burns is about 19 years old, and was under $300 bonds for breaking into the Racket store, 1020 P street, being caught in the act.

In Governor Butler's Memory.

Business is at a stand still at the state house today. Gov. Th[a?]yer, Superintendent Goudy, and a number of of other officials went to Pawnee City this morning to attend the funeral of ex-Gov. Butler. Flags float at half-mast from the state house, the entrances to the vast building are draped in the habiliments of woe and the state offices are all closed out of respect for the memory of the deceased.