Gilded Age Newspaper Articles

SHEEDY TRIAL. ------

Slow Progress Today by the Prosecution. -------- Evidence Morally Damaging. But Lacking a Sembi ance of Guilt. -------- DR. BEACHLEY GIVES A PERSONAL IDEA -------- As to the Death of John Sheedy-- Where Mary Sheedy Made Purchases. -------- She Befriended at Least. It was an eventful and yet uneventful day in the Sheedy murder trial yeterday. Mant witnesses testified, some willingly and some unwillingly, and yet the defense seemed perfectly satisfied with the testimony. Though Mrs. Sheedy was considerably agitated during part of the examinations in the morning she and the defense were perfectly screne through-out. TESTERDAY AFTERNOON. The first witness called was Officer Otte, who related, In answer to the questions how he had heard the shooting and went to the house. There were several at the house when he arrived, among them Dr. Everett ; could not remember the demeanor of Mrs. Sheedy. Found blood on the south porch, two or three feet from the door failed to find any trace of blood leading through the yard. Witness testified that twenty minutes had elapsed before he and Kinney found the cane; Tindall and Kinney saw the cane at the same time, Kinney picking it up. Jacob Oppenherimer was the next : Witness knew John Sheedy in life and called at his place of residence after the funeral of Sheedy in an official capacity. There were present Dennis Sheedy. A. H. Walstrom, Mrs. Sheedy and others. There was a piono in the room and as Mrs. Sheedy passed it touched the keys pleasantly ; saw nothing unsual in her appearace. Crose-examined : Mrs. Sheedy, Harry Walstrom. Dennis Sheedy and others were in the parlor, when Mrs. Sheedy showed the power of attorney to Walstrom, remarking "Its all right, Hary. " Witness went there to get signtures to power of attorney. This was the next day after the funeral. Charles Carpenter; Has known Mrs. Sheedy several years, Remembers the assault on the 11th of January. He was at the house after the assault and was the secound person there. First saw Sheedy standing on the porch firing a revolver. When in the house Sheedy remarked that he did not know what he had ever done that anyone should treat him thus. Witness carried a message for Mrs. Sheedy shortly after this, going to a room in the Heater block to tell A. H. Walstrom that Sheedy was badly hurt. He saw Mr. Walstrom and delivered the message. He knew Walstrom, having met him at his house while calling with Mrs. Sheedy. This was a short time before the assault. He carried message for Mrs. Sheedy once before, stopping to tell Johnnie Klausner that Mrs. Sheedy wanted him. Witness had not seen Walstrom had not seen Walstrom after the first assault upon Sheedy until the night of the last assault. Gus Sanders knew John Sheedy since 1879 : knew Mrs. Sheedy about 1881 : didn't know when Sheedy first met her and did not know her name when witness first saw her ; didn't know at that time that she had been married before, but heard so since; did not know when she was married to John Sheedy ; they lived together as man and wife in either 1881 or 1882 in a room in the Quick block ; was around there every day. This branch of the testimony was most vigorously opposed by the combined defense, but the court thought it proper to show the history of their married life The defense contended that they had no right to attact her character, especially at so remote a period, to even find a motive for the commission of such a crime An effort war made by the prosecution to bring out more of the history of the Sheedys in the years '85-6, but after presure had been brought to bear upon the court by the defense, Sanders' entire testimony was stricken from the record. MALONE COULDN'T BLUFF HIM. Johnny Klausner had lived in the family about two years up to four years ago ; was going to school and did chores for board and clothes ; though he left there in 1887 or 1888 ; had known Mr. and Mrs. Sheedy about eight years : had been around there a great deal and ran errands since he quit living there ; did so down to Sheedy's death : Mrs. Sheedy had told him that she expected a friend from Buffalo ; that was two weeks before witness met Walstrom she said his name was Walstrom ; about a week later she told witness that she wanted him to room with Walstrom when he came about two days later Walstrom came to the Windsor, where witness worked, and asked for witness ; identified himself as the young man Mrs. Sheedy had spoken to witness about ; witness and Walstrom went to the Heater block ; witness picked out a room ; it didn't suit Walstrom and he picked out a larger and ligher room ; they were to pay $12 a mounth. Walstrom $3 and witness $4 ; witness told about carrying notes between Mrs. Sheedy and Walstrom during the two or three months he worked at the B. & M. shops; sometimes they would be two days apart and sometimes a week; the notes were always sealed, but never addressed; Mrs. Sheedy told him to come after notes after school; had also carried lunches from Mrs. Sheedy to Walstrom, sandwiches, cold chicken, etc; sometimes a bottle of porter; these lunches would last a week or two; she told them it was for them to eat in their room; had never sent any lunchs to witness room ere Walstrom came to room with him. Also carried a long package from Walstrom to Mrs. Sheedy the Friday after the funeral; didn't know what was in it; gave it to Mrs. Sheedy ; sometimes went in by the front gate. Mrs. Sheedy had sent word to witness that wanted him to come to the funeral, and "she wouldn't think nothing of him any more if he didn't." On Monday afternoon she had told witness to tell Walstrom is relation to Sheedy that she was afraid he was going to die; last summer some time witness found Mrs. Sheedy crying, and she had told him that she couldn't get along with Sheedy and wanted to get a divorce. Mrs. Sheedy had told witness that she "thought a good deal" of Walstrom and wanted Klausner to room with him. Witness said that Mrs. Sheedy would talk to him about Walstrom, would ask how he was getting along and told that if Walstrom ever got sick or any- thing not to wait but come right to her and tell her. The witness testified that neither Mr. Strode, Mrs. Sheedy nor anyone in their behalf had ever asked him to say one would in favor of Mrs. Sheedy that was not true, but that Mr. Malone and a Pinkerton man, while he was impriseoned, had tried to make him admit thing that were not true and once he was in the jail two weeks at Malone's instance and threatened by him that unless he admitted certain things he would be sent to prison. Witness said that he never told Malone about the notes and lunch baskets until he asked him about it ; didn't refuse to tell him anything ; didn't want to be a witness unless he had to. Carried a ring case once from Mrs. Sheedy to Walstrom. None of the attorneys for the state had ever asked him to tell an untruth but detectives had asked him questions and tried to get him to say yet, when it would have been untrue. Wm. Harding, a mail carrier now, but formerly a barber, testified; He knew McFarland and for a long time employed him. John Sheedy was a patron of his shop and McFarland shaved him. McFarland also took care of Mrs. Sheedy's hair; Mr. Sheedy would come after him. He would to the house and stay one hour, presumably dressing Mrs. Sheedy's hair. Cross-examined by Strode, witness could not say how many times McFarland dressed Mrs. Sheed's hair since last September; several however. He was told to go by John Sheedy ; three or four times at least. Mr. Sheedy' did not pay witness direct for this service; he paid McFaland, who in turn paid witness. He was gone about one hour at each visit---could not say that it was longer than necessary. Excused. There being no more of the state's witnesses present adjourment was taken until this morning at 9 o'clock. THIS MORNING. There was a spattering of gray beards in the audience when [image] COL. HOAGELAND, the deep-voiced deputy. sang out his sonorous tones calling the court to order. The jury having answered to their names, showing that no one had escaped from the third floor of the court house during the night. Judge Field told the prosecution to call their next witness. Albert Katzenstein was the first witness called, followed by James Gatchell, both clerks at Herpolsheimer's. They gave testimony as to the purchase of nightshirts and hosiery by Mrs. Sheedy, but couldn't say who they were for. James Smith, a clerk at Schwab's, also told of the purchase of neckties by Mrs. Sheedy in December, all of which were identified, as best witnesses could, as the articles sold by them. The next on the stand was Dr. Beachley : He was acquainted with the late John Sheedy, but not his wife, Was present at the post morterm examination and examined the wound of the skull. Witness described the wound and thought it could have been produced by a blow from a [dr?word] such as shown and offered in evidence. The brain seemed to be in a normal condition ; say no coagulated clots of blood. about the heart was hardly normal. it appeared to be affected with fatty degeneration; the liver was enlarged. The symptons of morphine poisoning would be shown by heavy breathing, inactivity of the organs and effect upon the eyes. Witness was acquainted with the use of sulohinal, a remedy for producing sleep, and thought 15 to 30 grains a dose for a dose for an tult through sixty could be given. The witness was asked , in view of all the conditions of physical structure and in which John Sheedy was known to have laid, the matters brought out at the autopsy. etc., what was his opinion as to the cause of his death. This question was raised a howl of objection that were set forth eloquently by the attorneys in the defense, Messrs. Philpot. Stearns and Wear. character-izing the question as a hypothetical one. Mr. Lambertson, who put the question, defended his grounds by saying that in his opinion the question need not be bound by evidence already given. Judge Field recited a rule of law contradictory to this. However the objection was overruled and the witness answered : " In my opinion the man died from morphine poisoning." The defense then took the witness; No, there was no microscope used at the autopsy. Found no cloths of blood in the brain; to the naked eye it was normal. Excitement might cause the death of a person with faty degeneration of the heart. Re-direct examination by Lambertson : From a concussion of the brain the effect is that of morphine, save that there is a perecptible difference in breathing; when the patient breathes from fifteen to twenty times per minute, nearer the natural, concussion would cause it ; slower than that, say to five and six times a minutes morphine would produce it : concussion would also cause slight difference in appearance of the eyes. Conditions vary in each particular case. Compression of the brain may be produced by crushed skull, or other causes, anything that would produe presure. The symptoms are similar to morphine poisoning. The latter produced contraction of the pupil of the eye ; suspension of the functions; apparent paralysis ; retension of nrine. faliure to swallow. Respiration is decreased. pulse increased, then decreased with varuing temperature ; pulse might reach one hundred and forty. In campression partial paralysis is generally produced and consciousness retained, also physical functions, but this depends on what part the brain the compression rests. Breathing in nearer natural. If afffecting the spine the bladder would be effect and power of control lost ; otherwise contronl of the person might be partically retained. Witness belived a dose of morphine could be given and still not be found in any chemical analysis, because it would be carried off the stomach. A patient suffering severe pain-from any cause will bear a larger dose of morphine than when without pain. A toxic dose of morphine might lie on the stomach for three hours with out noticeable effect---according to the action of the organ in assimilating it. ------------------------------- BREVITIES. LINCOLN ICE CO., Tel 225. Home-made candy at Marley's Betts Weaver & Co. sell cobs. Tel. 440 SILK, FLANNEL, MADRAS, AND CHEVIOT SHIRTS. W. R. DENNIS & CO. Banjo---Thoroughly taught by ear or by musical notation. 1044 G street. The only genuine Canon City coal in the city. Under 1st National bank. Newly furnished rooms for rent in Menlove block. Apply at room five. Nice office rooms to rent in McMurtry block, corner Eleventh and M; telphone 505. Infant child of Mr. and Mrs. Johanna Herman, died yesterday afternoon aged 3 years. Funeral from the family residence. B street, between Eleventh and Twelfth street. Nice houses to rent or sell on monthly payments. Stevenson, with McMurtry, Eleventh and M ; telephone 505. ALL THE LASTEST AND BEST THINGS IN NECKWEAR AT W. R. DENNIS & CO'S., 1037 O ST. Gas stoves and ranges, and everything pertaining to the modern use of gas at Hooker & Orr's, Masonic Temple building. Rev. Isham, pastor of the Grace M. E. church, corner R and Twenty-seventh streets, will deliver from his pulpit tomorrow evening the fourth in the series of addresses on "India from a Missionary Standpoint." The subject at this time will be, "The English in India." Everybody invited. Merchants hotel, corner P and Eleventh streets, nicely furnished rooms to rent by the day, week or month, either single or in sults. OUR LINE OF STRAW HATS IS COMPLETE. W. R. DENNIS & CO. A car load of 144 Standard Sewing Machines was received yesterday at Leiss Sewing Machine Emporium, 144-122 North 14th street. Fifty choice lots located on the electric car line will be sold at very low prices for the next thirty days. G. A. Bush. 133 North Twelfth street. E. L. Thorp was injured this afternoon by a car on the North Lincoln line. He was driving across the track when a car from the north pushin a wire car, struck his wagon doubling it up like a jack-knife and causing interual injuries to the driver, the extent of which is not known, though thought by Dr. Everett to be not serious. For the largest and best list of property the lowest price and best terms. for a bargain at your own terms, call on G. A. Bush, 133 North Twelfth street. THE LATEST THING PUFF FRONT SHIRTS. W. R. DENNIS & CO., 1137 O ST. Right Rev. Bishop Bonacum will give confirmation at the German Catholic church, Sunday the 17th inst. The first mass will be celebrated at 8:15 o'clcok. The second at 10:30. After the second mass he will give the confirmation. All are cordially invited. Rev. B. Kueffen-bender, pastor, German Catholic church, Eighteenth and J streets. LADIES, MENS. AND BOYS SASHES AND BELTS. W. R. DENNIS & CO. While the president was here the other day he did one thing that was not down on the program. His carriage was just turning the corner at Fifteenth and O. when with a spring quick as lightning he leaped from his carriage. Everyone wondered what was the matter, but finally agreed that he was frightened at the mayor's loud snoring. he having fallen asleep soon as the carriage left the depot and for the last block or two had put heroic efforts on showing the president admiring friends how the mayor of a western town can snore when the proper occasion arrives, but the president had an object in view. He had caught sight of some of that " Sanitary Soap" in Shader's window and to have a can of it was an object worth striving for. It beats all ---250 a can. WE HAVE ALL THE LASTEST STYLES IN MENS STIFF AND SOFT HATS. W. R. DENNIS & CO. ---------------------------- Base Ball. The Senators are still putting up a craking good game of the national sport and came out yesterday winners after a closely contested game by a score of four to three. As in all our games away from home heavy batting won and in spite of six errors, demonstrating the fact that scientific play without heavy batting will not win. Rogers and Stafford were the battery and made two and three base hits respectively. The St. Pauls give Stafford the credit of being the most puzzling and swiftest pitcher of the leagure. O' Day put up a fine game in the box giving only three men their bases, and being well supported. Lincoln no stands third and has won eight out of ten games played away from home.

SOME SURPRISE -------

Given the Defense In the Sheedy Trial Today. --------- Portions of John Sheedy's Body Were Exhumed on April 22. BUT WHO IS TO PAY FOR THE WORK ? -------- Is the Question Agitating the Defense. --------- Dr. Winnett Says He Doesn't Know---The Defense Was Not Notified. -------- EXPERT TESTIMONY TAKEN TODAY. -------- Drs. Winnett and Everett Believe Death Resulted From Morphine Poisoning---The Skull. ---------- The Prosecution at Work. There were current rumors on the street yesterday that ere the work of the day was finished something of a sensational nature would take place in the trail of the Sheedy case, but though the reporters attended their duties falthfully up to the hour of adjourment at 5 o'clock the promised sensation had not been brought up. MR. COURTNAY'S REVELATIONS. It was following Dr. Casebeer and at 3:30 that D. G. Courtnay, a war, friend of John Sheedy and a frequent caller at the house, took the stand and testified : He was near Eleventh and P on the night of the assault ; heard the shots and was at the house inside of ten minutes; when he went in Dr. Hart and Dr. Everett were dressing the wound; stayed there about an hour ; went away and returned again in an hour or an hour and a half; the doctor said when he first arrived that the wound was light; it appeared to witness to be a slight wound ; witness, Dr. Hart and Mrs. Sheedy put him to bed ; she wasn't crying. but was agitated. Witness converesed with him after he had gone to bed ; asked him to descibe the person who struck the blow ; Sheedy said it was a thick set person and had on a short coat ; before Sheedy went to bed he was shown the cane and asked if he could identify it ; he said there were many canes like that. Sheedy asked if any of the shots he had fired had taken effect; witness remarked that the policemen had said that they had found blood on the sidewalk ; at that Sheedy had said, " I'll go down town with you ; I'm all right and I'll go down." Dr. Hart and Mrs. Sheedy asured him that he needed rest and he went to bed. As the occurrences of the next day the witness described the symptoms heretofore mentioned at length and said they reminded him of morphine poisoning, for he had seen the effects of morphine poisoning prior thereto. Witness stated that he saw Monday McFarland the next day also ; he came to the door and said he wanted to see Mrs. Sheedy on business. Any Bayliss was already in there crying, and as witness thought that was what Monday wanted to get in for he wouldn't let him in. In short time he found him trying to get in at another door which the girl had opened. He told witness that he wanted to see Mrs. Sheedy on bussiness, and witness told him that Mrs. Sheedy was at the bedside of her husband, that the latter was dying, and that he couldn't get in. Witness was employed as Mrs. Sheedy's attorney at the time and he said that on the Sunday afternoon of her arrest, when he went into the house, she remaked that he looked at her as if he though she was guilty, and asked him if he did so think. "What was your reply, " asked Mr. Lamberston. The defense objected, but after another whispered conversation with his client the objection was withdrawn by Mr. Strode. The witness said he could not say postively what he had replied. "Didn't you reply, "asked Mr. Strode, "that ' As I love my wife and little girl I believe you innocent? ' " " No sir ; I did not. " " Didn't you reply ' Yes I believe you are ?" asked Mr. Laberston. " I don't remember. It was all in a general conversation. " Witness told how he had advised Mrs. Sheedy to have herself appointed administratrix of a part of the estate to preserve her interests, as his impresion was at that time that Dennis Sheedy wanted to gobble the whole business. Mrs. Sheedy informed him that Dennis proposed that Mr. Fitzgerald should be made administrator of the whole estate. but he advised her that there was likely to be a big lawsuit in the matter and for her own safety she had better be appointed administratrix ; some $ 550 was found to be available. of this $ 550 was found in the shape of checks for rent and $ 50 was found in an inside pocket of Sheedy's vest. Mrs. Sheedy had the coat and was washing the blood from it, when he cautioned her that she had better not do that. She said that she had found no money in it. Witness knew that it had formerly been Sheedy's custom to carry about with him in his pockets several hundred dolars. That was some time before. Upon cross-examination witness stated that Sheedy had told him during the night after the assault that he suspected George Bradeen, Mose Smith, Alex Jeres and Frank Williams. DR. MINNETT STARTLES 'EM. Dr. Minnett, one of the physicians prevent at the autopsy was the next witness, He described the various symptoms as the other physicians had done and in reply to the inquiry as to his opinion of the cause of death replied : " I believe it to have been from the effects of morphine. " He then went on with the usual description that have heretofore been given by the physicians in the case, describing the wounds on the skull. Finally Attorney Lamertson delved into a pasteboard box and brought forth a ghastly skull with the crown neatly sawed off. This was handed the doctor who held it up in full view/ " Doctor, whose skull do you hold in your hand? " asked Mr. Lambertson. " It is THE SKULL OF JOHN SHEEDY," was the doctor's reply. The witness further testifying said he believed the blow was sufficient to cause the death of John Sheedy, but was not sufficient to cause the symptoms that attended his illenss and death. The cross examination of Dr. Winnett was deferred untilotoday, owing to the lateness of the hour. Mrs. P. H. Swift was then called , but did not get to testify as there was no such name endorsed on the back of the information, it appearing " Mrs. Patrick Smith." She will probably be called later on. Adjo urment was then taken. --------- This Morning. Today the usual crowd of spectaters occupied the court room when the hour of nine arrived and Dr. Winnett took the stand for a cross-examination. The doctor described old wounds found on the skull at the post morterm and stated that the medical was not examined at that time but an examination of the cord was made about THREE WEEKS AGO. At Robert's undertaking rooms. The head, the organs and that portion of the body containing the column and cord were all of the body that was taken there. This examination was made by witness. Prof. Haines, of Chicago, Dr. Everett, County Attorney Snell, the sexton of the cemetery and others. Prof. Haines of Chicago took the liver and bladder. Coroner Holyoke, Drs. Beachley, Hart nor Casebeer were not present. It has been kept a PROFOUND SECRET, but witness could not say that requests were made in this direction. The body was in fair state of presrvation ; the brain was demoralized ; the blader was in fairly good condition ; there were some secretion in it---from two or four ounces. The skull has most of the time been in Dr. Everett's office. It was taken from the grave by witness and Dr. Everett to the undertakers' rooms, and these gentlemen dressed the skull as at present seen. It was kept at the undertaking rooms, witness and Dr. Everett having an understanding with Mr. Roberts as to where to find the key. Witness stated that a toxic dose of morphine usually made itself known within one-half to an hour. but will vary. This impression was gleaned from reading a table, in a medical work of several hundred cases of morphine poisoning. Producing the work, the witness retracted as he had evidently been mistaken. Witness observed no symptoms in condition of John Sheedy that could not be found in compression or concussion of the brain. Such a blow as administred to John Sheedy might produce either concussion or compresion of the brain. THE SKULL was again produced and the witness exhibited the fracture of the bones of the skull. " It would take a heavy blow to fracture the mater bone, would it not, doctor ?" " Yes, sir. " " And such a blow would be likely to produce death, would it not ? " continued Mr. Strode. " In my opinion it would, sir, " replied the witness. No one, except possibly Dr. Garten, has examined the skull since in the possession of the physicians the witness stated. From the examination made by the witness at the autoposy he could not say that he had found any evidences of morphine,," poisoning. His opinion, as given in answer to Mr. Lambertson's question yesterday, that John Sheedy died of morphine poisoning was framed from the conditions of the patient at the time of his death, rather than from any revelations at the autopsy. The amount of congestion in blood vessels could not, either, be produced by concussion as in the case of John Sheedy. The skull was offered in evidence by the Mr. Lambertson of the prosecution. Objections were offered by Mr. Strode of the defense, on the ground that it, together with other portions of the body were taken up long after the coroner's jury by parties working without the authority of the coroner, kept by parties not under oath and examined in the presence and without the knowledge of any of the defense in the case. The objection was overruled and the witness exhibited the skull to the jury. The re-examination of the skull had bad the effect of making the witness believe that the blow given Sheedy was greater than at first supposed. Witness stated that he had given some especial study to this case as to compression or morphine or opium poison in this case. The congestion as found at the postmorterm might have produced the mode of death---could be produced from various causes. It is not a distinctive charactersite of morphine poisoning. For the work the witness performed the witness EXPECTS PAY, but doesn't know from when ; it was not " a labor of love." He was asked by Dr. Everett to assist and he did so, expecting pay. The question of how much was not answered, objection being raised by Mr. Lamertson, whereupon Mr. Strode and he engaged in an exchange of compliments, the latter insinuating the the former had been paying some news papers for their 'labor of love" they had been performing for the prosecution. ---DR. M. H. EVERETT followed Dr. Winnett to the stand and testified that he had only a slight acquaintance with the late John Sheedy, living across the street from the Sheedy house. He heard the shots on the night of the assault and saw the flash from the revolver. He was soon called to the house and dressed the wound. His opinion at that time was that the wound was a trivail nature. Mrs. Sheedy was quite calm and coliected that night. No medicine was administred at that time. Dr. Hart was left there. He was simmoned again at 4 o'clock in the morining and found the patinent incenscious. Witness then described the condition of Sheedy and thought the symptoms at that time indicated morphine poisoning or compression of the brain. At a conference of physicians the next to discuss tripaning, this was also the general opinion as to Sheedy's condition. Witness thought twenty grains of sulphonal is in on case a dangerous dose; it has no after-effects. The witness described the effects of morphine upon the limbs, muscles, and eyes where toxic doses are taken. The symptoms of compression of the brain are sometimes identical with morphine poisoning. " You may state, asked Mr. Lambertson, " whether or not the patient was suffering from concussion of the brain. " " He was not. " " How long may a toxic dose of morphine lie in the stomach ere poisonous effects are noticed ?" "Sometimes several hours. " " How long ordinarily does it take to manifest itself?" "Generally half an hour. " The witness was at the autopsy which was conducted by Dr. Casebeer and the conditions found by the witness were about as those described by Dr. Casebeer in his testimony. " What was your own private opinion at the time of his death, of what caused John Sheedy's death ?" " It was my opinion that he died from the effects of a brain injury. " "Would such a blow as John Sheedy received produe death ?" " It would . " "Do you think death was in any way produced by a disease of the heart ?" " I do not. " Witness testified that on or about 22nd of April another examination of the wounds was made. Witness and others exhumed the head, vertebrae the liver and the baldder between 6 and 7 p. m. of that day. The body was very well preserved. After the examination the bladder and liver were taken in charge by Prof. Haines, the Skull by witness and Dr. Winnett. There were two little girls at the grave yard at the time the organs were exhumed. On re-examination it was found the injury from the blow was far more serious than at first supposed, because of fractures. " What, from the symptoms at the time of his death and from all that you learned at the examination, is your opinion of the cause of his death?" " I think it resuled from morphine poisoning. " ------------------ POLICE RIPPPLES. ---------- A Family Quarrel and a Fight About All. The grave demeasnor of Judge Houton was still graver this morning as the grievances of several pepole living in a boarding house were alred before him. The racket occurred at breakfast time this morning and was brought about by a desire on the part of one of boarders to champion a lady in the house, the result a charge of assault by C. Ahlstead against W. H. Selp. After hearing the case and pitying the embarrassing position of the ladies who evidently very much against their will had come into court, the judge with a few words of advise dismissed the complaint. Wm. Dougherty the irrepressible plumber and Oscar Wendt were brought in last night on complaint of Henry Saunders for creating a disturbance around the saloon corner of P and Tenth streets. Assessed $1 and costs and committed. One S. Murphy was brought in by Officers Sipe on compiaint of Herman Schiller for fracturing the peace in his vicinity. $1 and costs and committed is entered against him. Messrs. Calhon & Woodruff repport the loss of a gasoline stove from their premises 1020 P street, the evident work of some poor wretch who wished to start housekeeping. Otto Hoffman and James Brady are reported by the army authorities as having desrted from Fort Omaha. -------------- THE EPISCOPALS. ---------- The Annual Meeting of that Church. During the session here of the Episcopal state body, services will be held at Trinity church, beginning with tomorow morning. Bishop Worthington will hold a service at 2: 30 tomorow afternoon, and a missionary meeting will be held in the evening. The business meetings will be held each day beginning at 9 o'clock a.m. The laying of the corner stone of the new Episcopal school for boys will take place Thursday afternoon at 4 o'clock. The is the first meeting ever held outside of Omaha of The Episcopal church body and several topices will be brought up of interest to the churches here and to the Episcopalians of this part of the state. Among the questions which will probably come up is one of a change of name, and another of a division of money. both of these may effect somewhat the building of the boy's school.

A GREAT TRAIL. ------ The Sheedy Murder Case Progresses Slowly. ------- The Proscution Contend for the Admission of the Confession. ------- MRS. SHEEDY TESTIMONY OFFERED. -------- The Same Given at the Coroner's finquest-Was McFarland Sworn at That Time ? ---------- Making Haste Slowly.

In the Sheedy case now on trail the matters addced yesterday relative to the exhuming of portions of John Sheedy's body caused considerable gossip, and more so, too, when it was learned that some of the organs were taken away from the city by Prof. Haines of Chicago. This prompts the query on the part of some as to when Prof. Haines is to give his testimony in the case he has become so intersted in. So far few seem to know but it is thought he may be here in a day or two. YESTERDAY AFTERNOON. The largest crowl of ladies yet noticed at the trail was seen yesterday afternoon when court opened. He not having been cross-examined when a resess was taken Dr. Everett took the stand again and was questioned by Mr. Strode. Witness made the remark to Sheedy then told him he had not been shot, but struck. Witness after examing it thought it not a servere wound. No medicine was given by the witness, suggested the giving of morphine, but Dr. Hart. who knew the effect, it would have on Shedy from a previous occasion. protested and it was not given. Witness feared that he would sustain a profound shock and this is why the morphine was suggested. The symptoms of profound shock and morphine poisoning ARE MUCH THE SAME, the former producing unconsciousness paralysis, loss of function, etc., the same as a toxic dose of morphine. At the time of the coroner's inquisition witness may have thought and said death resulted from delayed shock, but does not think so now. Compression of the brain might have caused his death, but taking everything into consideration the witness is of the opinion that morphine caused it. At the coroner's jury and before the autopsy witness believed he did say that the blow was the direct cause of his death and nothing else." Witness did not know what had been given Sheedy when he returned to the house at 4 a.m., not having the case, but was told only the three powders of sulfonal ; sulfonal will produce sleep in one hour, Fifteen grains would be about the proper dose for John Sheedy. If morphine were given in hot coffee it would generally act quicker; hot coffee will act to disolve morphine. A toxic dose given in that way will manifest itself in form five to thrity minutes. There is NO DEFINTE TIME in which death would ensue in such event. There was an increased quantity of fluid about the brain of John Sheedy. This could be produced by various things. Morphine or opium poision would do it. John Sheedy was laible to die at any time. even had this blow not been given. In his opinion death was produced either by morphine poisoning or the injury to the skull. There was nothing at the postmortem to indicate morphine poisoning except fluid on the brain, which might also be accounted for from other causes. DR. MTCHELL'S OPINION. Dr. Mitchell being called and sworn testified in substance that he thought the death of John Sheedy was caused by compression. Witness has not chnaged his opinion as to the cause of death. He then gave the symptoms of compression of the brain. The symptoms of John Sheedy could be accounted for by compression. The effects of compression are not necessarily immediate; the manifestations may be defrred for hours. Cross-examined by Strode, the witness reiterated his statement that in his opinion death was caused by compression. This was the extent of it and the doctor was excused. PHOTOS GO IN. S. M. Melick was then recalled and identified the photos of the John Sheedy residence in the different positions, etc. and the same were offered in evidence. but objections were offered ny Counsel Strode on the ground of improper identification. nothing to show when the photos were taken, no occasion for them, being immaterial and irrelevant. The objections were overruled and they were placed in evidence. Mr. Stearns of the defense asked the witness if in January last the tree, as now represented in the photos, were covered with foliage. The witness did not think they were and the attorney suggested that under these circumsatnces that the photos were not thern a true representation of the premises at that time. This concluded the testimony of this witness and there bing but two witnesss yet to be examined for the proscution and they being out of the city adjournment was taken. These two are Mrs. P. H. Swift and Steno-grapher Wheeler, the latter being desired to testify as to the corrections of evidence of the corner's jury, offered in evidence earlier in the day. DENNIS SHEEDY TO COME Learning that the proscution would conclude its testimony today Mr. Strode made a formal demand on Mr. Lambertson to have Dennis Sheedy here by tomorrow and was assured that he would be here, the judge directing that he besummoned. Complaint was made by Mr. Strode to the affect that Dennis Sheedy jr. had been clerly steered out of the hands of the defense by the prosecution. who enodorsed him as their witness and then did not use him, well knowing at the time he would not be used. Relying on the intention of the prosecution to have him, the defense made no effort to get him, and now his whereabouts is unknown. TODAY. The first witness called this morning was T. C. Munger, a member of the coroner's jury. Witness saw Monday McFarland when before the coroner's jury. His recollection was that McFarland was not sworn at that time, having stepped aside from the stand on that occasion to allow another to testify. The witness heard McFarland talk at that time, he making a confession. Objections were made by Mr. Strode on the giving of this confession by witness on the grounds heretofore offered, namely, that at the time McFarland was under arrest charged with murder, that an alleged confession had been made prior thereto and was in writing, that the first confession was extorted and that before the corener's jury was made under eath. The defense then cited authorities to show that in cases where a prisoner makes a confession under oath on the motion of the prosecution or before a court of inquiry is inadmisaanle in the trial. Mr. Snell cited authorities holding the opposite and maintaining that in such a case the coroner's jury took on the same functions as an examining magistrate. Mr. Lambertson also spoke on the matter, saying it was not only a thrice- told tale, but a tale told four times in pracitcally the same way and hence must have been voluntary, He also cited authorities. Mr. Lambertson held that McFarland had an attorney. (Phillpot) at that time and had been advised by counsel. " Yes, " replied Mr. Philpot, but you stole my client and run him off up to a coroner's jury unbeknown to his counsel !" " And furthermore, " interposed Mr. Strode, " It was a secret session of the coroner's jury, behind closed and barred doors and where the attorneys of the parties were thrown out---the first case ever known in the country." Judge Weir of the defense held that the common law rule must prevail in this case and therefore the confession would be inadmissable. Mr. Philpot then stayed that McFarland in being brought before the coroner's jury Malone and Melick again held out inducements, kept telling him to remember what he had told to them so that he could repeat it to the coroner's jury. The speaker then retold how McFarland had been covered for many days nad many nights by Malone in getting this confession, claiming that his client had not been given an opportunity to be advised by his counsel or to learn the value of his silence. Mr. Strode offered the subpoena as evidence that McFarland was summoned before the coroner's jury to testify. Stenographer Wheeler 's notes showed that McFarland had been swors. CONFESSION INADMISSABLE. Judge Field in ruling that the confession was inadmissable stated that the Ruff case of this state was his authority and it was clear that confessions so made were inadmissable/ S. M. Melick was recalled and testified that McFarland was sworn at the coroner's jury. Jailor Langdon being placed on the stand believed that McFarland was sworn, but prior to the commencement of any of his testimony. Dr. Holyoke, the corener, testified that he administered the oath to McFarland. He further acknowledged the subpoena on which he was brought before his jury, McFarland being brought by officers from the jail. Deputy Sheriff H. V. Hoagland was called and testified that it was his belief that McFarland was not sworn. Did not remember that McFarland stood aside to allow another witness to testify. MRS. SHEEDY'S TESTIMONY. Stenographer Myron Wheeler was recalled and stated that Mrs. Sheedy was before the coroner's jury on January 15 Witness also had the notes of her testimony at that time, which were offered in evidence. As this testimony was given in evidence before she was charged with the crime no objection was raised by the defense. but this was changed and objected to on the ground that it had nothing to do with the case, the matter being immaterial and irrelevant. This objection was overruled and the witness began the reading of her statments relative to her former marriages, which was then objected to and the judge sustained them. Mr. Lambertson held that all this was necessary to establish her credibility. Mr. Strode claimed by this holding of Mr. Lambertson he was simply endearoring to work upon the jury by traducing her cahracter. The court held that this particular matter was of no direct bearing on the case, The reading continued and was in substance that Mrs. Sheedy had been married three times ; lived two years with the second husband, George A. Merrill ; married Sheedy at New Orleans. After Sheedy had been stabbed he was afraid of being killed, the fear had been renwed six months ago. After the assault prior to the last, she talked with Sheedy about it a great deal and both were of the opinion that it was a robber who fired. The last assault was talked of but little by them. He always said he did not know who did not know who it was who wanted to take his life. She never heared him mention the name of Alex Jetes in connection ith troubles he had with gamblers, but had heard the name of Gleason mentioned there with. Sheedy never told her of his troubles. He had not been out lunch one the day prior to his last assault. In the evening he concluded to go to the Capital hotel. but she was ill and did not want him to go and leave her alone, but he said he would not be gone long and she helped him on with his overcoat ; she usually went out on the porch or walked part way up town with him, but en this evening she WAS NOT FEELING WELL and he started out the parlor door alone, she starting for the kitchen. She heard the door close behind him then the shooting and ran to his assistance. The front blinds were all up that evening, but all the other blinds were down. The domestic was away from home that night. Once she went out for a pitcher of water but saw no one. The day before the night of the assault on Sheedy he appeared happier than for years, claiming his mind was freer from trouble. He thought the man who struck him wall a tall, heavy man, and from his talk she believed he thought he was badly injured. The testimony from members of the coroner's jury as to whether or not Monday McFarland was sworn was then resumed, Robert McReynold's taking the stand and giving it as his belif that McFarland had not been placed under oath before the jury. --------------------- DEATH'S MARK. -------------- W. W. Holmes Dies Suddenly this Morning of Apopiexy. --------------- While Reading the Morning Paper He Expires and Found Dead in His Chair. ------------ An Old Settler. The news of the death this morning of Hon . W. W. Holmes at this home, corner of Twelfth and J streets, spread very rapidly and was a great surprise to his many business associates and acquantances who only yesterday saw him in apparently the best of health. The particulars of his death as learned are that about 7 o'clock this morning. shortly after breakfast, Mr. Holmes had taken the mornng paper and was reading it while Mrs. Holmes and members of the family were about the house enaged in early morning duties. The first notice of his death was finding him in his chair with his head forward on his bosom and investigation showed that he was dead, evidently from a sudden attack of heart troble or apoplexy. For a few days past Mr. Holmes had complained a little of some trouble with his heart. which seemed later to be transferred to his stomach, but it did not appear to be of any especial importance and he had kept his regular business habits and daily work. Last night he attended the Episcopal services at Trinity church and expressed himself very much pleased with the services and the fact that his son, a lad of about 10 years, was doing so well in the choir, and retired in unusually good spirits. Mr. Holmes was one of the old settlers of Lincoln, coming here in 1869 from Mechanicsville, New York. He brought with him some means which by prudent investment had accumulated quite a fortune, being estimated at about $ 300, 000. He built one of the first brick blocks in the city on South Eleventh street, now occupied by H. W. Brown's drug store and Mauritius' dry goods store . He had considerable property in real estate and was largely interested in two or three of the national banks of the city and the Farmers and Merchants Fire Insurance company. At the time of his death he carried $ 25 000 in the Northwestern Lif Insurance company and polic s in one or two other companies. He was born near Saratoga New York and was about fifty-six years of age. He leaves a wife, and one son about ten years old. Mr. Holmes's relatives are nearly all living east. The funeral will take place from the residence Friday afternoon at 2 o'clock, the services being conducted by Rev. John Hewit of Trinity church. Mr. Homles has always been interested in the development of the city of Lincoln, and has done much in business circles to advance the city's interests and his loss will be felt by his associates and friends. -------------- Now Try This. It will cost you nothing and will surely do you good, if you have a Cough, Cold or any trouble with Throat, Chest or Lungs. Dr. King's New Discovery for Consumption, Coughs and Colds is guaranteed to give relief. or money will be paid back. Sufferes from La Grippe found it just the thing and under its use had a speedy and perfect recovery. Try a sample bottle at our expense and learn for yourself just how good a thing it is. Trail bottle free at J. J. Harley's drug store. Large size 50c and $1. ---------------- At the call meeting Tuesday the Farragut W. R. C. decided to postpone their social till after Memorial day. Arrangements to be completed at the next meeting. May 23. ----------------- Bucklin's Arnios Salve. The best salve in the world for cuts, bruises, seres, ulcers, salt rheum, fever scres, tetter, chapped hands, chilblains, cornsm and all skin erupticas, and positively cures piles, or no pay required It is guaranteed to give perfect satisfaction, or money refunded. For sale by J. H. Harley, Eleventh and O.

THE DEFENSE ------- In the Great Sheedy Trial Now Begins. ------- Two Men Seen on the Premises While Sheedy Was Shooting. -------- YOUNG WITNESSES : WOEFULLY MIXED ----------- Mrs. Swift's Testimony Salacious Sheedy's Body-Caused on the Stand Today.

Fighting for Life.

The state closed its evidence in the Sheedy murder case yesterday evening and the defense began today the taking of testimony, the evidence thus far going to show the happy marital relations or Mr. and Mrs. John Sheedy, and to bring out that two men were seen to leave the premises while the shooting was in progress. The closing testimony of the prosecution was not without interest, as will be seen by the proceedings ----------

Yesterday Afternoon. Prosecuting Attorney Snell testified that in his opinion McFarland was not sworn, as he was present at the inquest. McFarland had left the stand to permit Goldwater to testify and returning to it continued his testimony without taking the oath. Stenographer Wheeler was recalled and said he did not make any mark to show whether or not McFarland had left the stand. He found no break In his notes. Mr. Wheeler thought McFarland was sowrn in taking his seat and notes show it. The notes of the stenographer were then offered by Mt. Philpott to show that McFarland had been placed under oath at the coroner's inquest where a confession was made. Mr. Hall then offered to have Mr. Wheeler read that confession and Mr. Strode entered the usual objection. holding that it was while in durance, while under oath and without the knowledge or consent of his counsel. Mr. Philpott then took the stand and EXAMINED HIMSELF, for the purpose of showing that his client as deprived of counsel. He had proceded for five minutes to ask him-self questions and answer them, the re porter putting on paper, when objection were raised, but this was obviated. The burden of his self-examination under oath was to the effect that he was denied the privilage of seeing his client prior to and at the time of the coroner's inquest. Questioned by Hall : He first consult-ed with McFarland at the jail as his attorney, the day after his arresy, and then for short interval thereafter. It was then admitted that McFarland was held in the county jail for the murder of John Sheedy and was conveyed as such prisoner to and before the cornoer's jury, being the day on which an alleged confession was made by him, by in officer of the law. The court held in the matter of the admission of this confession since there was a question as to whether he was sworn or not, that it must take the course of the former and go to the jury for what in their estimation it was worth. Myron Wheeler then began the reading of the confession as made at the inquest. it being virtually the same as he had made twice before and at the time published in the papers. It was read to the jury in the same low tone characterized his former reading to that body. WHAT MRS. SWIFT KNEW. At the conclusion of this reading Mrs. Patrick Swift took the stand. She had known Mrs. Sheedy about two years ; frequently visted Mrs. Sheedy for four or five months prior to Sheedy's deats ; thought Mrs. Sheedy wen Buffalo in the latter part of July or first of August and returned in the fail ; thought she went there for medical treatment, as she was in delicate health ; saw her after she returned; had some conversation after she returned about her relations with Mr. Sheedy ; she said her husband was very jealous of her ; and she didn't speak of him as if she liked him as well as most women like their husbands ; she said it was because he was jealous of her and didn't want her to do as he wanted to in some this ; didn't even want her to have any lady friends ; couldn't remember just what she sad as to her feelings for him. Mrs. Sheedy told witness that Sheedy treanted to kill her ; a quarrel ensued over relatives. Witness said that when Mrs. Sheedy told her that her husband was going to shoot her witness laughed and told her that she had heard it was because she had given her ring away and told her husband that she had lost it. To which Mrs. Sheedy replied that that was not what the trouble was about ; that it was about her relatives. At another time Mrs. Sheedy had told her that she was very unhappy and had the blues awful bad, because Mr. Sheedy was so jealous of her that she couldn't enjoy herself at all. Wintess had once said : " Mrs. Sheedy, you ought to be happy ; you have everything that heart can wish for, and as so much more comfortably situated than many others. " Mrs. Swift, give me a workingman any day to live with in preference to the man I live with ," was Mrs. Sheedy's reply. " She always held out to me that she would give anything for a child. Two or three months after she returned from Buffalo she told me she was in delicate condition, but didn't intend to have a child. Some time afterward told me she was all right ; that she had used something herself and was all right ; that did this because her husband was mean to her at that time. Mrs. Sheedy once told me that she had fixed to leave him : that was about the 1st of November, after she had returned from Buffalo." On one occasion witness called at the house to visit Mrs. Sheedy and was met at the door by the sevant girl, who did not invite her in. She inquired if Mrs. Sheedy was at home and the girl replied affirmatively. She asked if she might see her. The girl soon informed that she might. When she went in Mrs. Sheedy came out of the bed room in a few minutes. In a little while she excused herself and went back into the bed room. " Did you see anybody else in the bed room?" "No, sir " "Could you see into the bed room? " "No, sir." "What was Mrs. Sheedy's condition? was she sober?" "I can't say but what she was. I don't rember that she not." "Did you hear any noise in the bed room at the time ?" "I can't say that I did." Cross-examined by Strode, witness said she and Mrs. Sheedy had drank wine together. Mr. and Mrs. Sheedy seemed to get along happily. Witness was not in a delicate condition at the same time Mrs. Sheedy was. Witness visited Mrs. Sheedy at the jail once. but did not tell Mrs. Dean that the state had been to see her. Witness was told by Mrs. Sheedy that was not able to bear children ; this was when she went to Buffalo, N. Y. Witness could not state how many times SHE MET SHEEDY at his home during the absence of Mrs. Sheedy in Buffalo. Questioned by Lambertson witness stated that she had four childern. She admitted that Mr. Strode had been to see her and told her that her testimony would be more convicting than anything else. She could not say that Strode told her if he had known that she was going to testify to what she knew he would have come to see her. Witness denied having received a present from John Sheedy on Christmas, but acknowledged having received silk stoking from Mrs. Sheedy as a present the day before Christmas; if she had known they came from Sheedy she would not have accepted them. Mrs. Swift was recalled and stated that she had had a conversation with Mrs. Sheedy after the first assault was made and she said : " You see, Mrs. Swift, somebody is after John and they'll ge him yet. I have a presentament that something is going to happen. " THE APPRAISMENT ENTERED, Mr. Hall then offered the appraisement of the Sheedy estate as evidence, but objection were raised on the grounds that it was immaterial, irrelevant. This appraisement of value placed it at $ 57, 483. 23. The objections were overcome and this was admitted. FINAL ANALYSIS- NO MORPHINE. In closing the work of the procsecution Mr. Hall stated that the state had caused a chemical analysis of the stomach of Mr. Sheedt to be made by Prof. Vaughn of Ann Arbor, and the result was that no morphine had been found. Therefore the prosecution caused the disinterment of the balder and kidneys of the deceased and these were given Prof. Haines of Chicago for anaylsis and the result of this examination was announced last Monday, there being no morphine found in these organs. Still the prosecution believed morphine had been administered and would continue the case on this belief. This finished the work of the prosecution and the defense asked that recess be taken until this morning. The Defense Begins. The first witness called this morning, the beginning work of the defense, was C. O. Whedon, who knew Mr. and Mrs. Sheedy and from all he saw thought their relations were pleasent. He had never seen McFarland around the place. WAS HIS FRIEND. Lew Franklin called and sworn, testified that he was at the house of Mr. Sheedy on the night of the last assault ; saw Mrs. Sheedy and she evinced considerable love and solicitude for her husband, calling him dear and administering to his wants in every way. Remember the time he was stabbed and how Mrs. Sheedy acted at that time, which was every way indicative of a regard for her husband. Cross-examined : Sheedy was warm friend of the witness and had known each other for twenty years. Called there the last time about the time of the last fall races; went there to tell Mrs. Sheedy, as her husband requested that "John was a winner. " Witness liked Mrs. Sheedy for the same reason that he liked john and "liked 'em both." Never knew of Sheedy being sick outside these assaulys upon him in all the twenty years witness knew him. He was a grand man personally. charitable and proud. Wilber Mayes was the next witness. He knew Sheedy in life and has an office across the street from his late residence. He remembers the last assault upon Sheedy and was at the Tranist hotel at the time. He heard the shots and SAW TWO MEN, one running along the west side the house and another passing down the walk leading to the alley, both going in rge same way. The man on the west side disappeared over the fence and through the alley north of the Burrblock. Cross-examined witness could not say whether or not they were policemen. A Hitchcook, a young man who heard the shoting, was on Thirteenth and O at the time enroute to church with George Curry. He started towards the scene of the shooting and MET TWO MEN. They were going south on Twelfth. Could not tell the color of the men, but they were runing; they were medium sized men wearing slonch hats. Witness then went to Sheedy's house and found four or five persons there. This was near 8 o'clock. Cross-examined by Hall : Witness staid at Sheedy's place about 20 minutes; then went to Red Ribben hall and found service over. Witness works at teaming his father hauling dirt for the city. Went to town from his home on V via Thriteenth street. When last shot was heard witness was on O between Twelfth and Thirteenth. Moon was shining at times. being them in the southeast. Didn't tell the attorneys for the defense anything about all this until today. The men were seen at the alley south of Sheedy's house south. Didn't have on police men's clothing or hat ; both were about the same size. Heard that several others had seen these men running; didn;t know who told him ; saw no buggy at the house; didn't go in the yard immediately. George Curry, aged 17, was then called. He did not know John Sheedy. Heard of him being assaulted, and was at the house. Was with A. Hitchcock on that night, going west on O when he heard the shooting. When Twelfth was reached he saw two men coming south from the Sheedy place, not far from the alley ; they were running and disappeared back of the opera house. Couldn't tell whether they were white or black. After they had gone witness went to the Sheedy residence. Cross-examined witness said he went directly in the the yard and looked in the window but saw only one man. Patrol wagon came when he had been there about one minute; a back was also in front of the place. Had started for church about 7 o'clock and when he get there church service as not over. Went stratight home from Sheedy's and got there 9:15. Had been to church before the shooting ; didn't go to church after being at Sheed's. Was at Red Ribbon hall after he had been at Sheedy's. First went to Red Ribbon hall, staid few mintes then went to Methodist ; went in and staid fifteen minutes then started home going to M then to O on Thirteenth, heard shooting and went to Twelfth and O. When last shot was fired was athe corners. Pretty dark that night; no moon. The men were in the middle of the street ; both men were about the same size ; one was not ahead of the other but one was just behind the other. " A FAMILIAR FIREND. Mrs. Carrie Hatch took the stand. She knew John and Mrs. John Sheedy. Was familiarly acquainted with them. She called at the residence four weeks after Mrs. Sheedy's return from Buffalo. Her opinion was that Mr. and Mrs. Sheedy were loving. She was at the house a few hours before he died. Mrs. Sheedy was kneeling beside the bed when witness was there appealing to her husband to arouse him to see if he recognized her. Mrs. Sheedy was the only one attending him when witness called. Cross-examined by Hall, witness stated she was the wife of the Dorrie Hatch ; could not say that Dorrie had been rendering any assistance to the defense. She knew Mrs. Sheedy prior to her marriage with John. and when they were living over Brown's saloon. Did not call on Mrs. Sheedy but once in the time intervening between her return from Buffalo and the assault on Sheedy. She did not tell witness what her mission to Buffalo was other than for medical treatment. Mrs. Sheedy told witness John had a queer was of showung his affection since he did not meet her at the train. SHE SHOWED EMOTIONS. drafts at the bank for Mrs. Sheedy. Had never remarked after the assualt that it was what he had expected would happen. SHEEDY'S BODY GUARD. A. W. Carder an ex-police officer was called. He knew John Sheedu for sixteen years. He was empolyed by Sheedy shortly before his death to watch a couple of men. Witness was asked who they were and the prosecutio n objected on the grounds that it would not be susceptible of cross-examintion, and because such testimony could be easily manufactured. C. A. Carpenter, a witness for the prosecution was also one for the defense. He was at the house the night Sheedy was assaulted ; saw Mrs. Sheedy and she seemed very much affected; saw Mrs. Sheedy after John's death and she seemed more affected than before. A few days after the funeral and seemed in about the same down-hearted contition that a women would be in under the circumastances. Cross-examined by Hall : Witness stated he had performed errands for Mrs. Sheedy, but had never purchased any Judge Weir, who was conducting the examintion for the defense, held that this testimony was adissable on the ground that this witness was employed by Sheedy prior to his death and had conversations with him up to the hour of death and the testimony was wanted for purpose of the rebuttal. Citations were made, and Mr. Lambertson to the fact that similar testimony had been adduced by the prosecution and surely the defense would be allowing this testimony for rebuttal. Mr. Hall maintained that such evidence approched too nearly the realms of speculation, as it would tend to show that Sheedy merely had a suspicion, an impression and unfounded. The court held that the questions asked were away prior to the first shooting. Judge Weir asked him to describe his conversation with Sheedy, but an objection was raised and the question was dropped until after dinner.

NEARING THE END

The Defense Will Close This Afternoon. The Opening Arguments Will Possibly Begin Tomorrow Some Time.

CARDER IDEITIFES THE FATAL CANE

But Stubbornly Objects to Testify In Presence of Witnessess Burr Shows up Malone.

The Last Round. The great Sheedy murder trail which has been in progress for three weeks will probably be finished and given to the jury on Monday next. The defense expects to finish its evidence this afternoon, and to this end took recess at 11 a. m. today. Dennis Sheedy, whom the defense look upon as an important witness, is expected to arrive in the city and take the stand this afternoon and with the testimony of one or two other finish up the testimony on the part of the defense. In all probability the opening arguments of both the state and defense will commence tomorrow and the closing be rested until Monday when the judge's instructions will also be given, following the closing speeches of the prosecution which in this state are allowed the closing arguments. SPECULATIONS as to the jury's verdict has been a much mouthed matter during the entire trial. not only by private citizens but able lawyers as well. Opinions as to the outcome vary greatly as to a verdict of acquittal or conviction. Some are the opinion that the jury will be put a long time on the case and anticipate a " hung jury" resulting in a certain compromise wherein Mrs. Sheedy will not be loser. Others look upon it In a different light. think that the evidence of the prosecution was but slim and will result in the acquital of both Monday McFarland and Mrs. Sheedy. Yesterday Afternoon. The question of the admission of Carder's testimony was called up, Mr. Hall citing authorities holding that it was testimony that the descesed could not on the stand have testified to had he not been killed, was certainly inadmissable, reading from Russell on crime. Judge Weir stated that this evidence was to be given in reply as to Mrs. Court nay's testimony given as a conversation between Courtnay and Sheedy. The court held that the conversation between Carder and Sheedy after the shooting, was admissible and the examination continued. Carder asked Sheedy who hit him and he replied it was the bigger man of the two. Sheedy then requested him not to go to bed that night. " Did you know who was meant by the bigger man ? " "Yes. sir." " Who was it ?" "Gleason." "Who was the little man?" "Frank Williams." "Were they white or colored?" "Both white." "What was their business?" "Gamblers." "Are they in the city?" "One of them is. " "Which one ?" "Gleason. " "Where is the other ?" " In Denver " Witness saw Mrs. Sheedy that night ; she seemed to be worried and told witness he would be well paid if he found who made the assault. That was the first time witness ever saw her. Was also there the next day shortly after 7 a. m. Sheedy was unconseious and Mrs. Sheedy was reclining beside the bed trying to arouse her husband. She told witness her husband was awful bad and could not speck. Was there again after 11 a. m but didn't stay long ; the priest was there and A PRAYER WAS OFFERD. Was there again the following Sunday night. Witness was employed by Sheedy three weeks before his death to watch the two men already referred to and to whom Sheedy referred on the night of his assault, to keep them from slugging or killing him. Cross-examined by Hall. " Did you watch 'em ?" " I did." "Did they kill him ?" " I don't know." From what Sheedy said witness believed John Sheedy thought Gleason was the one who struck him. Witness go there just after Sheedy had been put to bed. Is not no in the employ of the defense. Does not know whether Gleason or Williams were at Sheedy's home on that night. " Did you talk with Mrs. Sheedy the next morning?" " No, sir. " "Didn't you tell Mrs. Sheedy in her own house that you believed she did it. " "No, sir. " " Now didn't you tell her that in the presence of Mr. Baird ?" "No sir. I never saw Will Baird at that house or on the premises." "Will you swear it?" "Yes sir. " "Didn't you, in police station, also state that on you passed the Sheedy house one night you saw Walstrom sitting on Mrs. Sheedy lap?" " No sir, I don't know Walstrom and never saw him," " Mr. Carder, are you prepared to swear that you believe Gleason committed the murder?" Objections by defense were sustained. "How much was Sheedy to pay you for this work?" "He told me he would give me $ 50 and find me something to do. " " What else were you to do for Sheedy?" " That is all ; only laid off my beat five days. " SAW THE ASSAILANT. Mrs. Auna Hosman, knew John Sheedy by sight, also knew of the assault and the firing upon him a mounth prior. Was near the house when the firing was done. "Did you see the man who fired the shot that evening ?" "Yes, sir." "What time was it ?" "About 9:45" "What kind of a man was he?" "He was a white man about five feet, six inches and had a light mustache. " Witness had been out calling and was just returning home and when near the Sheedy house the man raised up inside the yard and dicharged the revolver. She was accompained by her husband and Mr. Cladwell, now in Chicago. Saw Mrs. Sheedy , Mrs. Hood and daughter. The man raised up to run as he fired the shot. Cross-examined by Lambertson : Witness was going west and the other parties east and the Sheedy party had just passed when the report of the revolver was heard and looking around she beheld the man. Sheedy did not take after the man until after he had stepped on the porch. The man fell at the corner of the porch. making his way south. Mrs. Sheedy had opened the door by this time and was standing there. Witness only got a side view of the man and knew he had a mustache, not very heavy. He had on an overcoat. The light from the house shown out of the door ; there was a light in the house. Couldn't tell as to the color of his hair, but KNEW HE WAS WHITE. Witness could not tell the kind of the colthes worn by Mrs. Hood, Miss Hood, Mrs. Sheedy or Mr. Sheedy. The assailant was not a very big man ; witness was about twenty feet away. After he went in the house Sheedy came out and started after him. WHAT HER HUSBAND SAW. A. B. Hosman was the next witness called. He, too, knew Sheedy. He remembered time of his death and the time he was fired at on Dec. 9, 1890. It was about 9:45 and witness was about twenty feet from the Sheedy residence at the time of the shooting. His wife was with him. When the shot was fired witness was twenty feet distant from the man. Witness was east of the gate. The man was inside the fence and close to the gate post and just getting up. Mr. Sheedy had just got inside the gate and pulled it after him when the shot was fired. The man who fired was about the size of Bob McReynolds and A WHITE MAN. probably 5 feet, seven or eight inches high. Cross-examined by Strode witness stated he was twenty feet east of the gate when the shot was fired. The man who shot jumped up and ran away, stumped his toe, fell and rolled over and then it was the witness SAW HIS COLOR could not get an opportunity before that. He fell in front of the door at the northeast corner. Mrs. Sheedy was not on the porch when the shot was fired. The man shot west. He was what is called a dark complected man ; it was not light enough to see his eyes. He wore a cap that looked to be dark and was pulled down over his eyes. It looked like a brown overcoat that had faded out that he had on. Witness did not consider him a very dark complected man. Sheedy did not start after him immediately ; witness followed Sheedy right into the house. The looks and size of the man seen tallied well with that of Frank Williams, who was shown to witness a few days after the shooting. FRONT SHADES UP. Mrs. Hurtz lived in the same block with the Sheedy residence, five doors east, when Sheedy was assaulted in January. On that evening about 7 o'clock she started out for a walk, going west, and the place was brightly lighted. She saw Mr. and Mrs. Sheedy in the house, both reading. Passed the house again in about half an hour and about ten minutes after heard the shooting. The witness only saw the north window shades and they were up. Theedore Hurtz, husband of Mrs. Hurtz next took the stand and corrobo-rated her testimony. HAD SEEN MONDAY. Mrs. M. H. White, who lives next door to the Sheedy residence testified that she was at home the night of the shooting, but saw no one about the place and no colored man there on that day. Cross-examined stated she had seen a colored man about the place when she first moved there about a year ago ; did not know Monday McFarland though had seen him. There was one shot fired after she had got to her door on that night but did not see Sheedy. Was out after dark that night, saw no one prowling around the premises though there might have been and witness not see him as a high board fence intervence ; had means of seeing east windows of the Sheedy house SAW THEM TALKING ONCE. Miss Viola Dowden is acquainted with Mrs. Sheedy and so far as he knew Mr. and Mrs. Sheedy lived agreeably, and she had seen them often. Cross-examined : Mrs. Davis had never heard them conversing. Thought she had seen them conversing while out riding. " Can you ever recall a time when you saw them holding an animated conversation in your life?" " Yes, sir ; at Cushman park they were in their buggy talking, but not laughing." Questioned by Strode : " Now you have seen Mr. and Mrs. Hall out freqently, haven't you?" " Yes, sir." "Well, can you ever remember of having seen them conversing or anything and talking ?" " I can't say I have." Miss Josie Dowdden was then called and corroborated the testimony of her sister as to the agreeable relations of the couple. S. M. Melick took the stand and testified that he had called at the Sheedy house every' day after the assault on Sheedy ; Dennis Sheedy went with him frequently. Next morning went more especially to see Mrs. Sheedy upon the subject of the assault. He saw Mrs. Sheedy and coversed with her, but as objections were raised the conversation between the parties was repeated. as it was held to be that admissions in favor of the defendant were inadmisable. while admissions against were. The defense thought it proper they allowed to rebut the evidence of the prosecution. Therefore the witness was permitted to tell only her demean- or and acts. She was in tears and appeared to be in a great deal of grief. Witness called on Wednesday evening with Mrs. Melick ; in about ten minutes Mrs. Sheedy came in ; her general appearance was about the same as on previous occasions ; part of the time sobbing. Another visit was during the same afternoon with Dennis Sheedy and had some conversation in reference to the murder ; she seemed very much depressed. The next time he remembered definitely was the Sunday following the assault ; went with Dennis Sheedy ; she met them at the door; she appeared to have been crying, but brightened up and conversed most of the time with Mr. Sheedy. Here the defense wanted to show that Mrs. Sheedy had offered a large reward out of her own estate to induce Mr. Melick to use every exertion to bring guily pary to jutice. They were not only not permitted to show it. but were not permitted to state it in court in the presence of the jury and Mr. Woodward wrote it out and handed it to the reporter. The witness said that all during the week Mrs. Sheedy sledom spoke of her husband or the murder without crying, and always manifested a great deal of feeling. She was then under arrest, except at the time of the last interview that Sunday afternoon. The defense then offered to show that they had applied for $ 85. 33 per month for one year of her support, which the probate court had allowed, and that the attorneys for the state had appealed from the allowance, which appeal was still pending. The state volunteered to admit the fact, and in the discussion that ensued it developed that the Sheedy horse and buggy had been turned over to Mr. Strode with the consent of the state and that he had to apt an $ 18 feed bill to get it. This Morning The first witness for the defence was L. C. Burr. Witness is acquainted with Hyman Goldwater and had a conversation with him some time ago, in presence of John Hart. Strode: " In that conversation did Goldwater say Jim Malone offered $ 500 for the identification of the cane ?" " He stated three different sums, one being $ 500. Believe he said Jim Malone offered him $ 200 and finally raised it to $ 300 if he would testify that he sold the cane and said he had made an appoinment with Malone and Melick to MEET MAYOR GRAHAM. to make arrangements. He wanted to know if he could sue them for this sum and I told him he could. " "Did Goldwater say to you that Marshall Melick, Jim Malone and Mayor Graham agreed to pay this amount of money if he would swear that he sold the cane ?" " Yes, he did in substance. " " Did he say anything about this agrement being made with the boy ?" " No, he did not ; he said this agreement had been made with him. He spoke about his boy at this time, how ever." Cross-examined : Witness said Gold water had said he had seen the mayor Melick and Malone. Lembertson : " Did Goldwater say that any testimony he would give at this trial would be false?" " Well, shall I tell you what he did say?" " Wait, no-answer my questions by yes or no. " " He said nothing about testifying. It was for telling who bought the cane. " A STUBBORN WITNESS. W. W. Carder, ex-police officer. was the next witness : Was at the police headquarters the night after John Sheedy was assaulted. Witness was handed the cane which was placed in evidence as the one used in the assault upon Sheedy and asked if he knew that cane. Witness said it did not exactly look like it as the head did not fit just right. It looked like a cane he once owned. The cane owned and lost by witness had tacks in the head : he had put them in himself. While signalling on a beat one night he knocked the leather head off and so had to take it on. The cane owned by witness had laied around headquarters from June to September of '89. The cane brought in on the night of Sheedy assault was recognized by almost every officer as the one witness lost. Cross-examined by Hall : " Mr. Carder does this brass tack in the head of the cane enable you to identify this cane ?" " I refuse to anwer the question." " Well, I think you will." " Witness : " Well, your honor, when this trail began all witnesses were ex ------------------------------------------------------------- ( Contaned on Fifth Page.)