Gilded Age Newspaper Articles

The Criminal Calender.

The defense in the case of the State vs. Mary Sheedy and Monday McFarland have filed a motion in district court to compel the coroner to file his report of the inquisition on the body of John Sheedy, and to file his list of witnesses he having failed to do so. It is understood that the state has made a proposition to McFarland's attorney, Col. Philpott, to grant immunity to his client is he will come forward and tell the whole story before the jury, or in other words turn state's evidence. Mr. Philpot asked for time to consider the proposal, but it is not likely that it will be accepted as the belief among attorneys talked with is that Monday will be made to stand the brunt of the fight, punished for the crime himself with the intent to shield the woman.

The jury in the Zink case returned a verdict at 9 o'clock last night finding the defendant guilty as charged, and the amount embezzled as $489. He will not be sentenced for a few days.

E. M. Luscher, charged with stealing $57 from Clark & Son, grocers, and who has all along maintained his innocence, notwithstanding he returned the money to Detective Malone, had changed his mind, and this morning plead guilty. Judge Hall gave him a year in the penitentiary at hard labor.

Judge Hall and a jury are engaged today in trying the case of Louis Wagner, who is accused of entering G. W. Tate's house at Tenth and M streets and robbing him at the point of a pistol. Wagner is the son of a drayman at South Bend, and an alibi is the main defense.

Billingsley & Woodward were appointed counsel to defend W. H. Edwards, charged with forgery, and secured a continuance of ten days after the state had entered a vigorous kick.

began suit today against the Lincoln Gas Company for $5,000 damages. Columbus Maggard, whose estate plaintiff represents, was employed as a teamster, and on the occasion of the boiler explosion at the gas works, was getting a load of wood near by. Part of the iron struck and killed him. Plaintiff claims that the engineer, Wm. Dinneen, was incompetent, and the boiler unsafe, rickety, rusty and worn out.

The Hutchinson injunction case was continued two weeks.

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The Sheedy Trial.

Immediately following the opening of court this morning, Colonel Philpot counsel for Monday McFarland, arose to a question of personal privilege as relates to the right of his client to hold private interviews with his (the prisoner's) wife and other parties. "We exercised this right last night after the adjournment of court," said Col. Philpot, and it appears to have raised a great roar on the part of counsel for the state. The interview referred to, "remarked the attenuated counsel growing in warmth of expression and animation," was between Mr. Carder, one of our witnesses, and Monday McFarland, one of the defendants, and our client. I know this is permitted in civil cases, and certainly when life is involved the necessity is much greater, and of more paramount importance. That the law permits the defendant to have these private interviews in the presence, but not in the hearing of the jailor of other authorized officials I maintain as a right, which we shall insist upon."

"I think," said Judge Field, interrupting, there is no impropriety in according to defendants the privilege of holding private conferences with their own witnesses and counsel, as they have an [undoubted?] right to do all thay can [legitimately?] to assist their own defense. [However?], I think those conferences, if held [???] his wife or others, should take [???] in the court room and during the [?] of court."

[?] Frank Hall, for the state, [advised?] the court in the interest of the [??], stated that the interview [??] McFarland and Carder had occurred in the court room last evening after [?], and while Judge Fields [??] from the room. This he thought unfair and not permissible under the law.

Judge Field, in passing upon the controverted point, stated that it had come to his knowledge that some person had applied at the jail last evening for permission to converse privately with McFarland. The jailor had applied to the court for instructions to guide his action in the matter. The court would therefore direct the jailor to grant no private interviews of the character unless it should occur in the court room. In this latter event the court would determine the matter by an order in each instance and direct the jailor to make application whenever the privilege was desired.

In concluding his remarks, Col. Philpott claimed that Counsel Hall and Detective Malone had made an impertinent attempt to overhear the conversation between McFarland and Carder last evening. The colonel grew indignant, and drawing up his five feet six inches to their greatest altitude, declared that such interference would not be tolerated in the future. To give added force to his haughty declaration, the colonel imparted a meat-ax expression to his features, gathered the tails of his coat about him and planted himself with a "dull sickening thud" in his chair, from which he glared ferociously upon opposing counsel. Colonel Lambertson looked down from his Pike's Peak elevation, and humorously smiled, while Mr. Hall cast an imploring glance of appeal to the court.

Col. Billingsley concluded the torrent of talk by coyly intimating that counsel for the state had control of the press, and was otherwise holding this sublunary planet by the caudal appendage and playfully swinging it in space. Having squelched the press the stalwart counsel for McFarland smiled complacently and taking his seat, prepared for a controversial tournament with his friend, the enemy, Col. Lambertson.

The difficulty heretofore existing of securing jurors on account of opinions previously formed, was supplanted this morning by the appearance of a number of visibly willing candidates, who either desired to secure positions upon the jury for the emolument in sight or for another purpose, which, to say the least, aroused determined hostility and plain apprehension on the part of counsel for the prosecution, who met the emergency, and succeeded in having a number of these suspiciously regarded veniremen rejected.

One of the gentlemen, named R. H. Corner, gave Counsel Frank Hall, who was conducting the examination, a long and doubtful struggle, and though Mr. Hall finally succeeded in getting Corner dismissed without exercising a peremptory challenge, Corner said he had read a portion of McFarland's alleged confession and fragments of the evidence given before the coroner's jury. However, he emphatically denied having formed or expressed any opinion, insisting that what he had read had only created an impression and not crystallized into a defined opinon. He acknowledged also that he did not give credence to all the statements contained in McFarland's so-called confession. Counsel Sterns seemed imbued with a profound conviction that Corner would be a desirable juror and fought hard to secure his return, but Mr. Hall finally trapped him into acknowledging the formation of an opinion, and he was rejected by the court, to which defense offered and was granted an exception. Several other undesirable jurors were gotten rid of when those that followed to the number of ten or twenty acknowledged they had formed opinions and could not sit in the case and accord defendants a fair and impartial trial.

Then followed a long and amusing verbal contest between Counsel Stearns and John Sterum, in which the attorney sought to entrap witness into the statement that he had formed and expressed an opinion. The questions were shrewdly put, but as cleverly parried or unsatisfactory answers made. Mr. Strode then rushed to the assistance of his associate and witness was bombarded with interrogatories until he lost their drift and was compelled to resort to the record. Stearns made a heroic effort to catch Sterum napping and induce the court to reject him, but his attempt was in vain, and the man was ordered into the jury box, but was at once removed by peremptory challenge.

Attorneys Hall and Lambertson, having only a short time previously emerged from a similar contest victorious, sat opposite and grinned good-naturedly at the misery of their brothers in grief, knowing well the trying ordeal through which they had passed.

The defense soon collided with a difficult snag in the shape of a young man whose answers to questions were not regarded with favor. Again Counsel Stearns buckled to a severe task and at the conclusion of a long and doubtful examination secured the dismissal of the young man.

THE AFTERNOON SESSION.

An amusing episode that involved Mrs. Morgan, the handsome sister of Mrs. Sheedy, leaked out about noon, and created considerable merriment. It appears that a certain twilight sheet, in a burst of journalistic enterprise, had prepared several wood cuts alleging to portray the facial beauty of the ladies in the case. This coming to the bars of Mrs. Morgan, excited her wildest alarm, and a reporter of the paper was sent for, but she failed to secure a promise from the reporter not to do so. Judge Weir and Col. Biggerstaff armed themselves with elm clubs, and, jumping into a hack, drove furiously to the office of publication, where they first implored mercy, and then brought the clubs into requisition. That they were successful in their mission is assumed from the beatific expression of intense relief that gamboled around over their features upon returning, though the editor may publish the cut and take chances by fleeing to the woods.

Among the jurors called was Joseph Carter, a colored citizen, whose complexion rivals the ebony hued McFarland himself. His answers to questions were listened to with deep interest. He was passed by both sides. The state has two and the defense four peremptory challenges left.

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The Police Record.

Four men were holding down four beer kegs at Ninth and O streets, when A. Pond, who had just bought a suit of clothes at Mayer Bros., came along, and walking into Schroeder's saloon placed them behind the bar for safe keeping and then departing. The eyes of the four men had taken in the scene, and two of them immediately rose and sauntered into the saloon. In a few minutes one of them asked for the suit of clothes, and the barkeeper supposing him to be the owner gave them to him. The fellow immediately struck out for Polsky's pawnshop to dispose of them. A few minutes afterward Pond came in after his clothes, and when he was told that some one had called for them he grew warm. The barkeeper supposing it was a scheme to make him pay for the goods, also grew warm, and the matter ended by everybody going out-doors. Officer Malone happened along just then, and on learning of the theft made a beeline for the pawnshop, where he was just in time to catch Frank Smith disposing of the suit. He was taken to the station, and shortly afterwards Harry Emmerson was corraled. They were each given thirty days in the county jail by Judge Houston.

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Will Have a Sanitarium.

H. S. Lemen has closed the sale for cash of two fine building lots which we understand are to be immediately improved by the erection of residence, mansion size. The property is located at corner of Thirteenth and P, and Twenty-eighth and N, consideration $8,600. Mr. L. informs us that he is in communication with two prominent M. D.'s of Chicago, who proposes the erection in East Lincoln of a large sanitarium of proper dimensions adapted to the growing needs of the city.

These professors have visited several business centers in the west, and after thoroughly studying the advantages of each, express their preference for Nebraska's capital. Our numerous educational institutions are among the chief inducements, and will doubtless be the means of capturing another $50,000 hospital.

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Adam Rucker Found Dead.

Adam Rucker, an aged negro whose name has often adorned the police register, was found dead in bed this afternoon in his room in an old brick shanty in the rear of 829 P street. It is not known exactly how long the old fellow has been dead, some asserting that he has been dead a week and others that they saw him alive yesterday. The discovery was made by some colored people who came up to see him soon afternoon. The room is a desolate looking place, almost entirely destitute of furniture, the old bed being about the only thing in that line. Rucker was lying with the dirty bedclothes about half covering him, while his head lay thrown back on the pillow. The jaws were set as though death had not been entirely painless.

The theory of suicide was advanced, but those who know the old man do not believe it. Six years ago he lived in Falls City, Neb. and was possessed of considerable wealth. After his removal to Lincoln in 1885 he entered on a career of drinking and gambling, which soon dissipated his wealth, and his proprietorship of a crap-shooting den and a handy house brought him before the police on numerous occasions. Two years ago his wife died, and for the last six months the old man has been in ill health from rheumatism and other causes. He was probably about 60 years old.

The old man walked with a limp, and was a well known character around town. He has eked a livelihood latterly by gathering rags and similar employment, and it is more than probable that it is a case of slow starvation, his limbs and body being terribly shrunken. A few years ago he got into trouble over his haste in drawing a loaded shotgun on a farmer.

Dr. Holyoke, county coroner, was summoned and impanelled a jury, with H. T. Dobbins as foreman, who returned a verdict that death resulted from old age, combined with rheumatism and hard drinking, and no evidence of foul play existed.

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WANTED--5,000 pigeons for the Nebraska state tournament; will pay highest market price; apply at W. F. Coole & Co. a gun store, 140 South 11th st.

LOCAL NEWS.

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THURSDAY.

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Wearily Drags Along.

The cheerful, sunny weather seemed to extert a favorable impression upon the spirits of Mrs. Sheedy, and upon entering court this morning her face bore a bouyant expression, in marked contrast to the look of settled gloom that mantled her features yesterday. She was not only composed, but visibly in excellent spirits, which manifested themselves in self-satisfied smiles that warmed her face into a wreath of radiance. She conversed animatodly with her sister, Mrs. Dean, who as during the previous days of the trial, occupied a seat at the right of the hand some prisoner. While herself and Mrs. Dean were convassing a mutually interesting subject, Col. Biggerstaff and Mrs. Morgan, the other sister, were holding a whispered conference upon some topic obviously of serious import, as their faces wore a grave aspect unrelieved during the entire conversation by the appearance of a smile, while the purport of the subject under discussion was kept a dead secret between the two concerned.

Judge Weir, the eminent counsel from Idaho, who was conspicuous by his absence yesterday, was on hand this morning, and sat next to Col. Biggerstaff.

Some sage has remarked that the eyes are the windows to the soul, but it must be confessed there are exceptions to this, as to all rules. This applies in a marked degree to the opalescent eyes of Mrs. Sheedy, whose features and deep orbs one searches in vain for the slightest clude as to the character of her secret thoughts. It is a shield which successfully parries all visual javelins shot against her inpenetrable armor.

When the judicial tribunal had resumed its grind, the clerk drearily sand out the names of those drawn on the special panel. A few only responded, and all these confessed to having daliled with the evidence or leisurely waded through the alleged confession of Monday McFarland. This had established a bias in their minds, which would require considerable evidence to remove, and they were accordingly challenged and cut off at first base.

Following the exhaustion of the first special panel, the clerk began calling the names of those citizens who had been summoned upon the second panel.

At this stage of the proceedings, counsel Strode, who had taken no part in the examination of witnesses up to this time during the morning, but who had confined himself to the preparation of a formidable looking document, bobbed up and sprung another of his large supply of stalwart objections upon the court. This time the astute attorney imagined he had caught a fleeting glance of a senegambian in the fuel pile, and entered a lengthy protest against the manner in which the venire had been drawn. Counsel insisted the county commissioners had not chosen the veniremen in the proportion established by law, in that a larger number were drawn from some precints and a less number from others than provided by statute.

Defense also objected to the second special panel because the members had been summoned by registered letter. Both objections were overruled and excused from further attendance until that time.

A blooded young man, a clerk in the employ of a local clothing firm, created a ripple of amusement in which Mrs. Sheedy and Col. Biggerstaff joined, by naively stating with evident earnestness, that what he had read in the papers was true, he was emphatically of the opinion that defendant should be made to suffer the penalty of a most atrocious crime. Challenged and excused.

An interesting feature of the rial as developed by the examination of veniremen, is the disclosure of the fact that fully four-fifths of those examined candidly confess having formed an opinion--presumably prejudicial to the innocence of defendants--and the further discovery that at least one-half of those summoned are opposed to capital punishment under any circumstances, while two-thirds are unalterably prejudiced against imposing the death penalty when based, as it must be in the present case, upon purely circumstantial evidence. Many do not hesitate to acknowledge mroal scruples upon this point, which they would refuse to sacrifice even if to do so, they would find it incumbent to ignore the instructions of court and deny the obligation of law.

The usual row between Col. Billingsley and Col. Lambertson bobbed up on time, and served to enliven the distressing ennul that had settled down upon the court and audience. A. W. Gale, who was called to the stand for examination, in making answer to questions ossed at him by Lambertson, excited suspicion that he very largely discredited the published confession of Monday McFarland, but claimed to have formed no definite opinion. Lmbertson quickly grasped the disagreeable conclusion that Gale was not a desirable juror and sought to entangle him with questions which would admit of dual answers. Billingsley saw his opportunity and at once rushed to the relief of the juror, when a hot exhchange of words ensued between the ever willing combatants of the legal arena. The court finally brought the wardance to an abrupt close, and ordered Mr. Gale to elevate himself upon a perch in the box. Billingsley was correspondingly elated and shot a glance of haughty triumph at his defeated opponent.

Another lively passage occurred between Col. Billingsley and Judge Hall, the latter of whom had relieved Col. Lambertson on the inquisitorial stand.

A man named Males, who it appears had instituted suit against Sheedy to recover money lost at the gambling rooms kept by deceased during his lifetime, was called to the stand. Information of Males' trouble with deceased was conveyed to Judge Hall, who thereupon began to interrogate the juror with reference to the alleged trouble. His answers, while apparently favorable, did not satisfy the judge that Males might not entertain a mental reservation, and he sought to entrap him into a confession of hostility to deceased, and that the difficulty between them would biss his mind to an extent that would render him objectionable as a juror. Males cleverly warded all direct thrusts, and was fast becoming a figure about which the halo of a decided interest was centering, when Judge Field excused him, much of the visible regret of Billingsley and Strode.

THE AFTERNOON SESSION.

Despite the disappointment of the ladies who had previously visited the court room only to find the dry routine of selecting jurors the only feast served for them, the fair sex continue to live in hope if it dies in despair, and continue to lend the grace of their presence to the scene notwithstanding the lack of present attractions. Their new spring hats, trimmed with a profusion of elegant floral designs enhanced by bright colored ribbons stand out in bright relief against the less attractive costumes of the male attendants. They are attentive auditors and are not at all backward in seeking out and locating in the best possible points for seeing and hearing, from which [coigns?] of vantage they scan every move made, and garner all the information possible. Their interest appears to center in Mrs. Sheedy, upon whom the force of their glances is bent. The next object that claims feminine attention is the Mr. Biggerstaff, the [oistinguished?] appearing uncle of Mrs. Sheedy, and about whom they delight to speculate.

The candor and rugged honesty of a man named Taylor brought to the stand, claims admiration. He stated that he had formed a decided opinion, the result of reading the newspapers and from canvassing the crime with neighbors.

"Could you," asked Mr. Hall, who was examing him, "notwithstanding that opinion, render an impartial verdict, after hearing the evidence?"

"I might."

"Are you not sure?"

"I can't say. At present I believe both defendants guilty, and it would require evidence to convince me to the contrary."

Mrs. Sheedy, whose bearing had been of the confident order, dropped her eyes and a shade of annoyance, not to say despair, passed over her face. The witness was excused.

At 3 o'clock p. m. the defense had exercised fourteen and the state two peremptory challenger. The dlay in getting a satisfactory jury is largely due to the tangled condition of existing law, several sections of which thought to have been repealed by the last legislature, being found to have been overlooked and therefore in force.

Compiled statutes of Nebraska 1881--was revised in 1885, and when so revised, contained the amendments made in 1882, 1883 and 1885. In the revision of 1885, is found section 468, page 838.

The statutes of the state were again compiled by Brown and Wheeler in 1889, and that compilation on page 951 contains section 669 L.

Now both of these sections provide for causes of challenge to jurors.

On the first day of the examination of jurors in the Sheedy murder case, Judge Field was governed by section 667 L, in the revision of 1889, which by the mistake of the compilers omitted section 468 of the revision of 1885, although in force.

Judge Field on the evening of the first day discovered this omission, and finding both sections in force, on the second day excused four jurors selected on the [grst?] day, who he found, upon exmaination of their evidence, had founded their opinions on reading reports of testimony taken at the coroner's inquiry and on the preliminary exmaination,

It seems that section 669 L. does not diminish the causes of challenge of jurors, but enlarges them; therefore it follows: That many jurors who could qualify under either section, can not qualify when all the causes are inquired of under both sections; hence the necessity to call in to the jury panel so many jurors.

It is probably that the results of the selection of jurors in the case of the State vs. McFarland and Sheedy may cause a revision of the two sections at the next session of the legislature.

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From District Court.

Judge Hall is engaged in hearing testimony as to whether Lydia V. Kay or Abel H. Kay, or neither of them, shall be entitled to a divorce. The parties have been living in the vicinity of Eighteenth and L streets, and are elderly peopl with a grown-up family of boys and girls. Life with them, however, appears to have been rather rocky in late years, the husband charging cruelty and that she was in the habit of repairing the to the banks of the Antelope, before that region was so thickly settled, where she met some man, with whom she would rather swing in the hammock or some such affair. The woman also charges cruelty, and various other matrimonial misdemeanors. The principal fight, however, appears to be over who shall get the property amassed during their married life. There is a host of witnesses, male and female, and the case is being hotly contested.

The damage case of the Misses Blair against the city was given to a jury this morning. The next case taken up in law court was that of William Watt vs. Patrick Dore. It is an action to recover $35 commission for acting as agent of defendant in trading a stock of goods in Davey for several lots in Havelock. The defense is that Watt acted as agent for Doak, owner of the lots, and got his commission from him. R. J. Green was awareded $35 for defending Bart Beck, and F. J. Kelly $15 for acting as a friend and attorney to Frank Davis.

In the case of Drummer vs. Rodden, for damages caused by defendant's brutally beating plaintiff, the defendant this morning filed his answer. He says that on the 25th of last November he was driving home his pet bull, which had strayed into an adjoining pasture, when Drummer, with anger in his face, and a warlike club in his hand, rushed out and made a pass at him. He avoided the blow, but took the club away from Drummer. That pugilistic gentleman immediately grabbed another club, and the defendant, after warding off several blows with the club he had taken from Drummer, got hot himself and waded in to disarm the other fellow. He asserts vehemently that he used no more force than was necessary in self-defence and he (Rodden) should not be held responsible.

In the case wherein the Ballou state banking company seeks to enforce a mortgage on the Oppenheimer block on north Tenth street, the defendants, Ross

TUESDAY

The Testimony Began.

Having concluded the long and tedious task of selecting a jury in the Sheedy case, at 3 o'clock yesterday afternoon, the remaining portion of the session was occupied in presenting the salient features of the famous criminal case to the jury, by the attorneys for the prosecution and defense. County Attorney Snell detalled the cricumstances atteding the assault upon, and later the death of John Sheedy on the evening of January 11th last, when he was murderously assaulted with a heavy cane, which the prosecution believes and will endevaor to prove was wielded by Monday McFarland at the instigation of Mrs. Mary Sheedy. wife of deceased. Mr. Snell reviewed the circumstances at consuderable length and in an address of great force and brulliance presented the cause of the state.

Messrs. Strode and Stearns, counsel for Mrs. Sheedy, and Col. Philpott in behalf of his client Monday. McFarland, sought to enlighten the jury by plausinble and eloquent explanations of the apparent condition that point to their clients as the persons concerned in the murder of Mr. Sheedy. Counsel Strode grew not only eloguent but dropped pathetically into poetry to express his pent up feelings for the fair defendant, whome he feelingly refered to as a " sad, pensive faced lady" resting in the shadow of a great and lasting sorrow.

Counsel for Mrs. Sheedy and McFarland claim the press is not giving them a fair shake in the reports furnshed of the trail, and affect to apprehend that an attempt is being made to manufacture public sentlment against them. " People may believe that we desire to betray Monday McFarland, " said Col. Philpott, " but time and our own actions will disprove all such ungenerous suspicions.

The trail has not yet fairly begun. Wait until we reach the intersting features and watch the final result, when out vindiction will come, anyway, we will receive our reward in heaven. The defense has been hampered at every turn by a hostile press ever since John Sheedy died," said Counsel Stearns.

" Prejudice against Mrs. Sheedy is widely entertained, as the result of the newspapers taking the stand they have, but if we can succeed in keeping the papers away from the jury during the progress of the trail, I feel no fear of the result."

Before the taking of testimony bagan this morning, Mr. Stearns asked the court to make a rule excluding all witnesses othern these undergoing examination upon the stand, from the court room while the trail is in progress. The court thereupon ordered all witnesses from the court room.

Col. Philpott objected to the induction of any testimony bearing upon the fourth count against Monday McFarland for the alleged reason that there is not sufficient evidence to establish the charge made in this court, under the statutes of Nebraska. Mr. Stearns made a similar objection for Mrs. Sheedy as retastes to the third count in the indictment against her. Both objections were promptly overruled, and exceptions taken.

The preilminary preparations having been concluded Dr. Hart, the first witness was called to the stand, and his examination begun by counsel Frank Hall, who questioned him at great length as following: Reside in Lincoln and have been a practicing physicians for a period of six-teen years ; graduated from the Columbus, Ohio, college, and came to Lincoln from Martetta ; attended John Sheedy during his last illness ; know little about the general health of deceased. I reached the house about 7:30 on the evening of January 11 last ; heard the shot fired and drove in direction of the sound, which brought me to Sheedy's house, corner of P and Twelfth. There I was met by Mr. Carpenter, who told me that Sheedy had began shot and that I had been sent for ; Dr. Everett was there when I arrived ; found Sheedy occupying a chair just inside the bed room ; Dr. Evereet was examining the wound ; Mrs. Sheedy was also there; wound was above left eye. I asked Sheedy if they had been laying for him again. Eventally he appeared all right and said the wound did not pain him much. I examined the wound to see if the Skull had been fractured, but found no injury of the character at that time.

The wound was bleeding quite freely, as also was the left side of the nose. Sheedy sat in a chair whole Dr. Everett and myself dressed the wound. So far as observed at the time there was no fracture of the facial bones, but afterward we discovered that the jaw bone had been broken. Sheedy went to bed after the wound had been dressed. He required very little assistance in retiring. Before leaving the house Dr. Everett suggested giving Sheedy an oplate, but I objected, having noticed during a previous attendance upon the patient that opiates exerted an unfavorable influnce upon him. I remained at the house about fifteen mintes after the departure of Dr. Everett. I left about 8:30, and returned about 9:40. I found Sheedy rather nervous, and dicovered that he had been vomting considerably during my absence. This alarmed those in attendance as there was more or less blood in the vomit. His condition at 10:30 was about as might have been expected. I did not, at the time, regard the wound as a serious one. His only complaint was that his head hurt him. Mrs. Sheedy was waiting upon him at the time, and appeared to manifest dispostion to do all she could to alleviate the sufferings of her husband. Before I took my departure Mrs. Sheedy asked me to return soon. I don't recollect to have said anything to Sheedy about his condition, but think he ventured the remark that he did not think he wound was a serious one. I was first told that Sheedy had been shot, but an examination of the wound shoed it had made with a blunt insrtument. Upon my return at 10 :30, I got thirty grains of sulfenal, a sleep-producing remedy, and gave it to him in three doses, ten grains at a time. I am familiar with the effects of the drug, having used it for two and a half years. Sulfunal has a sleep producing effect, and has no after effect. Morphine effects the circulation and repiration and produces vomiting.

I noticed no effect produced by the sulfunal. He vomited up the first dose, as he did another. There was no excessive labor in vomting. In my opinion the vomting resulted from the shock produced on his nervous system by the blow. Mrs. Sheedy gave him the first dose of sulfunal, as she did the others. I stood at the bed side at the time. It was given in water, In doses of ten grains each. I told her how to give ; don't know where she got the water, but think there was a glass of water on the dresser at the time ; saw her put the sulfanal in the glass.

I as there when the first dose was given. Sheedy did not sleep any during the fist hour I was there. The drug produced no effect, nether at the first or second doses. Sulfunal operates slowly and the effect would be cause sleep.

He did vomit, and I think pretty well emptied the stomach. I was away from the house about twenty five minutes. Mrs. Sheedy and young Dennis Sheedy were left in charge of the patient during my absence. I went to the drug store to get hypodermic talets and afterwards went home to get my hypodermic syringe. I could not get the tablets and got morphine, intending to use if necessary. The largest dose of sulfunal I ever gave was forty grains. I regard sixty grains as a maximum dose. When I returned to the house they told me he had not vomitted to any extend during my absence. Sheedy was uneasy and kept moving the bedclothes. The center gaslight in the room as at the foot of in the bed occupied by Sheedy. The jet-were kept burning brightly part of the time and turned down a part of the time in order to give the patient an opportunity to sleep if possible. I did not give any medicine immediately upon enter ing the second time, but about 12 o'clock Mrs. Sheedy gave him the medicine in a cup of coffee. I saw the medicine put in the coffee. She was making the coffee when I went to the kitchen. I was in and about the house until 8 o'clock the next morning, was in the bed room and sitting room most of the time.

I requested that the light he turned down in the bed room hoping to induce sleep. Mrs. Sheedy was in the sitting room and bed room. I do not recall that she made any entended remark about the attempt upon the life of her husband. I heard five shots fired just prior to going to the Sheedy residence.

About 4 o'clock a.m . I heard heavy breathing. I went into the room to as certain his condition. I was considerably suprised, because I had not anticipated such trouble. I found him perfecly uncenscious and brathing five or six times a minute, and his pulse about 140. His eyes were closed and the body almost paralyzed. I tried to give him whisky, but he could not swallow it, owing to paralysis of the muscles of the throat.

Mrs. Sheedy followed young Dennis Sheedy and myself into the bed room. I examined his pulse. Prior to 10 o'clcok his pulse was about 85 to 90, The increase above the normal was caused the effect of the shock to his nervous system. This slow respiration was occasioned by n paralysis of the involuntary muscles of the stomach which produce respiration and his temperatture was just 100. My opinion at the time was that there was hemorrhage at the base of the brain, produced by the effect of the blow. In my opinion this hemorrhage could not be produced by the sulfunal. I told Mrs. Sheedy and Dennis that I did not like the symptoms. Mrs. Sheedy appeared rather uneasy and anxious. The function of the body were entirely suspended at the time. Sheedy was lying upon his back in the same condition I had left him at 1 o'clock. I summoned Dr. Everett and we made an examination. I went after Dr. Everett, I tod him there were symptoms of pressure at the base of the brain on the part of the paitent, and he went at once with me to the Sheedy residence. We were unable to relieve him. My opinion is that Sheedy died from the effects of the concussion of the blow received upon the head. Dr. Mitchell, Dr. Woodward, Dr. Winnett and others held a conference on the case Monday at the Sheedy residence.

The result of the confernce was that the other physicans conlcded in the opinion held by myself and Dr. Everett. I reconized no symptoms of morphine poinsoing at the time, but later recalled sympotms that would suggest morphine, such as heavy breathing. The symptoms of morphine posoning and presure upon the brain, as in the Sheedy case. are quite simliar. Sheedy died about 10 o'clock Monday following the assault, and was buried the next Wednsday.

The postmortm examination was not what I consider a thorogh one. In that the base of the brain the medulla where the symptoms of pressure upon the brain would have been visible. were not examined so far as I observed. The symptoms of congestion could have been such as to require the use of a magnify-ing glass to gave detected it, but as no glass was used at the postmortem, I can not state whether these symptoms were present or not. I was present when Sheedy died. The only decided change was in the number of respirations.

Cross-examined---- I do not say that morphine cannot be found in the stomach after death. If the stomach contained the drug at the time of death its presence could be detected ten weeks after death. The quanity required to produce death vaires in differnt persone, some being able to take four or five grains, while a similar dose would cause the death of others.

The only police officer when I noticed about the place as Officer McMinney I think who brought in the cane. Sheedy asked where it had been found, and wanted to know if the man who had assaulted him had been caught. I don't think the officer held any further conversation with decesed. Sheedy made no complaints of any pecuilar taste in office. The taste of morphine is extermely bitter, but sulfnal has really no taste at all when taken in coffee. If deceased had been given morphine at 1 o'clock the symptoms of morphine poisoning would have manifeasted them selves an hour later. I observed no such symptoms. The effect of morphine is to decrease the normal temprature, but in the case of John Sheedy the temprature was increased one and a half degrees above normal. The postmortem examination showed a partial fatty degeration of the heart, which effected the entire left side of the orgin. An extra strain brought upon a person so afflicted might result in death from heart failure.

Adjourned until 2 p.m. THE AFTERNOON SESSION. Counsel Strode resumed the cross-exam ination after dinner and questioned the witness at great lenght. His obvious intent was to secure from Dr. Hart admission sufficient to discredit the theory of poison having been administered to decased by Mrs. Sheedy, and the doctor certainly met his most snaguine expectation.

The attendance of ladies was quite large, and all twenty-five or thirty occupied seats oustife the railing, while a favored few were permitted to invade the space usually resrved for attorneys and court officers.

Resuming Dr. Hart said : A man affected with fatty degeration of tee heart and gall stone would be more likely to die tha one in good health. John Sheedy was affected. He might have lived a number of years had he pursued an ordinary life, but had he been subjected to sudden excitement he might have died at any time. At this point Col. Philpott took witness in had and subjected him to a long examination with reference to the causes resposible for the death of Sheedy. Dr. Hart said he was present at the post mortem. He did noy regard it as a thorough examination. The reason I did not participate actively in the past mortem was because charges had been made against me that I desired to have investigated before I proceeded further in the case. The reason other parts of the body were examined was because the lelson had not been found where expected, and it was desired to locate the lelson. Redirect examination by Conusel Hall : Though I have said that previous observation had convinced me that morphine effected Mr. Sheedy unfavorably, I determined in the event of finding it necessary, to administer to him on the evening of his injury, one quarter grain of morphine : could not say that the condition of Sheedy's heart was in any was resposible for his death. No process of dissolution and decay.

This closed the testimony of Dr. Hart, and R. B. Graham was called. Counsel Hall explained that Mr. Graham had been supoenaed as a grand juror before the United States court and he was placed upon the stand at this time because of the uncertainty of knowing when he could be secured again :

Witness knew Monday McFarland ; met him in Marshal Melick's office ; had a conversation with McFarland. There was present Detective Malone, Marshal Melick and others. The subject under discussion was the death of John Sheedy. I was present in persuance of an inviation from Marshal Melick, who called at house and told me that McFarland had decided to make a confession giving the details of the causes leading up tp and the method of Sheedy's death. I went to the office, where I found McFarland and several officers. McFarland did make a confession at the place named on the Sunday morning.

" You may now relate that confession as near as you can recall it and give what McFarland said?" This brought Judge Weir, associate counsel for defense to his feet, and in an extended arugument he sought to circum-scribe the scope of the witness testimony as indicated by the question. Counsel Hall vigorously combatted the postion taken by learned judge, and maintained that all confessions are prima facie voluntary and shall be presumed to be voluntary until shown to the contarary. Mr. Mall quoted from the Massachusstts reportes in support of his postion and fortified himself at every point. This created great confusion among opposing counsel. and for a brief moment there was rushing to and fro until Judge Wier seized a copy of Greenleaf and threw himself into the deadly breach and repulse the threatened danger. Arugment upon the controverted point is still in progress as the NEWS goes it press. --------------------------- WEDNSDAY Some one sneaked into Steiner & Schuetz's drug store, Twelfth and P sts., last evening through the rear door. and secured $ 35 from the open safe. Unkown thieves took advantage of the excitment this morning and entered E. Fleming's jewelry store, 1224 O street, through a rear door, which had been left open. Nine watches opera glasses and jewelry amounting to $ 225 were taken. ------------------------------- The Sheedy Case. The visit of President Harrison and party to the city today acted as a counter attraction, and as a result the attendance upon Sheedy trail was limited to those unfortunates who were compelled to be present in compilance with the mandate of the court, everybody else having gone to the depot or captol building to see the train arrive and hear the president's address.

Having listened to extended arguments for and against the admission of ex- Mayor Graham's version of Monday McFarland's confession, Judge Field finally rulled that the postion taken by Counsel Hall that all confession were presumed prima facie voluntary until proven otherwise, was correct, and held that the defense would be compelled to prove that compulsion or duress had been exercised to extort the confession. The defense fought this propoaltion strenuously, but were overruled. Mr. Weir was then excused from testifying further at this time, and the defense placed Officer Carder upon the stand to show that Detective Malone had scared McFarland into making a confession by telling him that a mob was outside ciamoring to hang him unless he confessed. Captin Carder was regarded by the prosecution as a quite willing witness. He testifed that Malone had confind Monday in a cell and terrorized him into confessing guilt. Malone had caused the officers outside to dance and shufle their feet over the floor to simulate a noise, which he told Monday was made by a mob. Carder claimed that it was under these adverse conditions that the confession had been made.

Ex-Marshal Melick was next placed on the stand, but his evidence did not prove satisfatory to the defense, and his exmination was brief.

When James Malone was summoned to the stand, counsel Philpott objected to permitting his testimony to be taken, allerging that Malone had secretd him self in Judge Field's private room and with he assistance of Marshal Melick, tried to overhear the testimony of Mr. Graham. In this he claimed Malone had violated a rule established by the court excluding witnesses from the court room and from overhearing the evidence of preceding witnesses. Judge Field overruled the objection, but warned Malone not to attempt a violation of the rule in future. When court convened thsi afternoon the large audience room was crowded to suffocation. Among those in attendance was scores of ladeis, who are becoming more largley represented every day.

Continuting their plan to show that McFarland's confession had been secured by undue infulences, the defense placed a young attorney named Frank Waters upond the stand. Mr. Waters was a member of the coroner's jury that sad at the inquest held over the remains of John Sheedy. He testified that Malone had told him prior to the time the jury reached a verdict that McFarland had been frightened into making his confession by being told thta " Mr. Sheedy had given the whole d----d thing away, and that a mob was outside waiting to lynch McFarland. " Mr. Waters was possessed of a very faulty memory, and unable to state-ment attributed to him. His recollection of the conversation was decidedly nebulous and vague, and he bacome badly tangled under the severe cross examination of Counsel Frank Hall. Waters stated that he had volunatrily and from a sense of duty called upon Mr. Strode, counsel for Mrs. Sheedy, and told him about the statment made to him (witness) by Malone.

Mr. Plneo, a detective, was next called. He is in the employ of the defense. Mr. Pineo related an alleged coversation had with Malone in which he claimed the latter acknowledged having frightened McFarland into making his confession. This witness had also violated the rule excluding those subponaed to testify from the court room during the taking of evidence.

Counsel Hall and Lamberston objected to Pinneo being allowed to testify, but following a severe lecture directed to counsel for the defense for the sharp practice they appeared to be gulity of in. this instance, Judge Field permitted him to give his testimony. Judge Field, passing upon the matter, said that hereafter he would exclude the testimony of all witnesses who should be found guilty of remaining in court in violation of rule estabilished. -------------------------- Activity of the Builders. The Bolton & Humphrey Lumber company opened up yard last fall in the north part of the city, on the C., R. I. & P. Ry., and although the time since starting business has been during the dull season, they report a very satisfactory trade. Their sales have extended to various parts of the city and to some out side towns. Among the bills which they have sold are the following :

W. A. Vance, one house in Washintgton Heights; W. A. Vance, three houses ; J. W. Hills, two ; C. E. Hills, two ; A. M. Peebles, one ; Alvin Todd, one; J. E. Russell, one ; M. L. Todd, one; D. L. Jordan, one ; C. F. McMaster, two, and J. J. Croy, one. in University Place ; A. E. Hawkins, one house ; C. M. Hawkins, one ; J. B. McBirde, one ; H. W. Hick-man, one, Lincoln Heights; L. C. Humphrey, one house ; A. H. Humbrey, one, both in Grand View; James A. Balley, four houses in Belmont ; Cosgrove & Halter, new building at Ninth and P; Swedish M. E. Church, at Eighteenth and R ; A. N. Oleason, one house in some locality ; George Hartz, one house in Humphrey Park addition : J . Ferrier. one house north of Grand View ; L. T. Soncey, one house, College View ; E. B. Walt, Prairie Home, one house, College View ; E. B. Walt, Prairie Home, one house, and Kerrlhard & Lee, also of Prairie Home, three. This firm carry a general stock of all building material and will furnish everything for a house or building of any kind at the lowest market price and give easy terms of payment. Parties who think of building should give them a call before buying their bills. They will be found at their city office, 112 South Thirteenth street.

A safe inverstment. In one which in guarented to bris you satisfactory results, or in case of failure a return of purchase price. On this safe plan you can buy from our adverstied druggist a bottie of Dr. King New Discovery for Consumption. It is guaranted to bring relief in every case, when used for any affection of Throat, Lunga or Chest, such as Consumption, inflamation of Lungs, Bronchits, Asthma, Whooping Cough, Croup, etc., etc. It is pleasent and agreeble to taste, perfectly safe, and can always be depended upon. Trail bottles free at J. H. Harley's drug store.

CITY MARKETS, ------------ GENERAL MARKETS. Cattle-fat cows. Butcher's stock, $ 2. 50 @ 3. 25. Steers, per ewt., $ 4.00. Calves, " $ 3.50 @ $ 4. 50 Sheep, " $ 4.00 @ 4. 75 Hogs, $ 3. 50 @ $ 4. 00. Turkeys, live, 11 c per pound. Chickens, $ 2 75 @ 3. 50 per dozen. Chickens dressed. 8 c. Butter, choice, 20c @ 22c. Eggs, 12 c. Potatoes $ 1. 10 per bushel. Potatoes $ 1. 50 to 1. 65. Apples, $ 3. 00 @ 4. 25 per barrel. Oats, on street 50 c. Corn, 65c. @ 70c. FLOUR AND FEED. REPORTED BY BURNS & CO., wholeesale flour and feed, 121 South Ninth street. High P Cock Pat., per cwt., $ 3. 00 Golden Belt, per cwt., 2. 80. I X L Straight, per cwt., $ 2. 60. King of Dakota, per cwt., $ 2. 60 Rye flour, per cwt., $ 2. 10 Botled corn meal, per cwt., $ 1. 30. Bran, per ton, sacked, $ 19. 00. Shorts, per ton, sacked, $ 20. 00. Corn chop, per ton, sacked, $ 23, 00. Corn and oats chop, per ton, sacked, $ 23. 00. Oil meal, per ton, sacked, $ 31. 00. Baled hay on track, 12@ $ 15 ; loads on street, $ 10, 00 to 12. 00. Choice white oats per bushel on street 45 @ 50c. Wheat screenings, per cwt., 90c. Baled straw, per ton, $ 8.00. ------------------ Waverly Teachers Institute. The northeast Lancaster county Teachers Institnte convend at Waverly on Saturday, 9th inst, and discussed a very intersting program consisting of music by the choir, address of welcome and 1 responses, reading, recitations, discus sions and lecture in which Dick Cooley, John Loder, Delia Post, I. N. Clark, Mrs. Warner, Miss Musgrove, Mrs. Riddell, Prof. O. W. Corey, W. J. Loder, Miss Fitchie, Prof. J. H. Miller participated and were rewarded by hearty approval, each reflecting credit upon themselves and for their contributions to the entertainment. The lecture of Prof. Corey was highly apprecitated. His vivid descriptions of strange pepole with still stranger customs, illustrated, held close attention nearly an hour and a half.

Prof. Berge on ethics demonstrated that he is thinker and orator, setting forth principals of the deepest moral worth in a clear and forcible manner. Prof. Miller's address abounded in plain facts as to the home influnce upon the child He did not wish to remove any reson ability from the teacher, but was tired of having the teachers reponsibilitu spoken of so much while the parent goes free. Miss Fitchle from University place is deserving of especial mention. At the close of the forenoon session, the audience was invited to the school build-ing, where in advanced room was exhibited the work of the Waverly schools for this year. Also similar work from other districts. One of the most satisfactory features was the nice dinner served in a vacant room of the school building. More than ordiary plains had been taken by the ladies to make this a pleasant feature, and about 150 were refreshed by their bounteous genorosity. There were about 250 teachers and vistors present, and all pronounced the entertaiment one of rare literary interest.

Bright Agricularal Prospects. The (?) display at the stores and market places these days is immense and comprises the products of half-dozen climates. The domestic exhibit is the finest seen in Lincoln for years. Although we have frequently been blessed with earlier specimens none were larger, fairer nor more numerous in variety or ever commanded better prices. Farmers were numerous in the Lincoln market on Saturday, Fresh grass butter and eggs were the chief articles of home merce brought in by teams, with a spring colt frequently tagging the old mare or haltered by her side. An occasional veal calf was deposited in the wagon box to be sacrificed, but spring cickens were in very light supply, The vistors are unanimous in their favorable reports concerning in healthy condition of all growing crops and but few ventured to state they feared damage to the fruit from recent few cold days and nights. All agree that Lancaster and adjoining countles are all right, and delcare the prospects for big crops is extremely encouraging. Its Laibilities. " What is all this crowd doing here ?" inquired the stranger. " Bank's busted, " answered the sour looking man sitting on the curbstone. " What are its assest supposed to be ?" " Hey?" " How much property can it show on hand ? " " Blamed if I know. " " Know anything about its liabilities ?" " Yes. I know I ain't liable to git any of my money out'n it, " said the disconsolate citizen on the eurbstone taking a fresh chew of tobacco and pulling his hat further down over his eyes---- Chicago Tribune. Misplaced Confidence. (image) " Now, I'll show you how to hang a picture. " (image)

" Ah, it takes me to hang a" -------- (image)

-----" Picture------ --------- !!! --------?? --------!" ------Smith, Gray & Co. 's Monthly. A Small Boy's Ruse--- " Never throw stones at a carter when you are alone, " said a small Canadian boy to the painter of his portait, whom he had taken into his confidennce. " You must always have another boy with you when you throw stones at a carter. "

" Why ?" Because when the carter gets down to run after you then the other boy can throw stones at the horse and start him up, and the carter will be obliged to leave you alone and go to take care of his horse. Always have another boy with you when you throw stones at a carter. " ---- Boston Transcript.

A Novel Scheme. " What are these knobs on the floor, my dear?" asked Mr. Noopop. " Those are buttons," returned Mrs. N-----. " I had them put down this morning, so that I could button that baby's dress to the floor while I was fixing up the house. "----- New York Evening Sun.

VOLUME VL.

LEGAL NEWS MONDAY

The will of Florance N. Montgomery, late of Greenwood, was flied for probate today. All property is bequeathed to her infant daughter, Hearlette, whom she awards to the custody of C. N. Folsom of Ashland. ------------------------------ Remose Overtook Her. Mabel Stafford, a demi-mondaine, who for the past eight months has been an inmate of the house at 800 N street, kept by Mrs. Anna Jones, suicided in the rooms of her lover, Emil Semmelroth, above Fisher & Westover's blacksmith shop, 920 N street, at 9:30 o'clock last night. Her companion, Mrs. Neille Walker, as soon as she realized what the girl had done, rushed out and meeting Officer Sipe, told him of the occurence. He telephoned for Captain Otto and Dr. Graham. When they arrived at the scene, the girl was dead.

Dr. Holyoke, the county coroner, was notified. and this morning he held an inquest at the rooms. The jury pressed into service consisted of John Cochran, Fred Claus, O. P. Dinges, All Beach, A. Hill and Ed. Hoffman.

Mrs. Nellie Walker was the first witness. She testifed that the girl had left the house to come to the rooms about 6 and soon afterwards Mabel said she was going out. Witness wanted to go with her, but she said she could be back in few minutes. Came back in half an hour. Witness was lying on one of the two beds in the room, and asked Mabel what she was doing, the girl stopping in the outer room, which contained only a desk. After repeating the question several times, Mabel walked into the room, and throwing a small bottle at her remarked : " That's what I've doing" The label read, eighth of an ounce of strychnine, but the girl would not belive but what Mabel was joking. She protested that she had taken all of it, and in a few minutes afterwards fell over on the bed dead.

Emil Semelroth, the young fellow with whom the girl was staying, said he was a clerk for the Lincoln Saddlery Co ; had known the deceased for nearly three years, ever since he has been in the city.

The girl had requested to come up to his room, and they had no quarrel whatever, Mabel seeming as cheerful as ever. When she returned from down town, he asked her what she had been doing ; she showed him the empty bottle and told him to look in the pall. She died in a few minutes. Captain Otto stated that the girl was dead when he arrived, and he secured the bottle, and moved the bed out into the front room. A drug clerk. from 117 North Eleventh street, said the girl had purchased 50 cents worth of strynchine to poison was rats with. giving her name as Mrs. R. B. Ingersoll. There was enough in the bottle to kill eighty people. The suicide is about 30 years of age, a well built, attractive looking woman. The poison has turned her skin almost black, its effects being to stop the circulation immediately. The woman has a husband. Will Stafford by name, who is at present in Fort Scott, Kas. Her father's name is Gillesple, and he is propietor of coal office in Halstead, Kas. She borrowed the 50 cents from Semmelroth to get the poison. The girl has always been a cheerful dispostion, according to the testimony of associates, but last week she told them that she intended to kill herself at the end of the week. The other day she proposed to Mrs. Jones that she buy some muslin, then Mabel would kill herself and have some excitement. Saturday she took eighteen morphine pills, but as she was used to it they did not feaze her. It is probable that remorse overtook her sooner than its does many of her class. Undertaker Roberts took charge of the body, and the funerl will take place from 800 N street at 2 o'clock tomorow afternoon. The coroner's jury returned a verdict that the girl came to her death by strychine administered by her own hand with sucidal intent. The Morning Session. The begining of the third week of the Sheedy- McFarland trail opend this morning. The audience in attendance was comparatively small, and made up very largely of people of the male pursuasion. Monday McFarland entered the court room with a more bouyant stop and visibly heightened spirits. He was at once engaged in earnest conversation. with Co. Billigsley, with wome the negro had a long and earnest conference. Mrs. Sheedy was attended, as usual by her uncle, Col. Biggerstaff, and two of her sisters, Mrs. Morgan and Mrs. Baker. Her bearing was rather indifferent, but reserved until Detecive Jim Malone was called to the stand, when she became all attention and looked daggers at the auriferous haired but impertubable minion of the law, who appears to have camped uncomfortably close upon her trail in the case at bar. Her hattred of Melick and Malone is only equalled by the intense dislike shown on every occasion by Counsel Strode, her leading counsel. F. C. Fisk was called and placed upon the stand to explin to the jury a plan of the premises and a diagram of the Sheedy residence. which was shown the jury. The diagram is elaborately drawn and shows in detail the interior arrangment of the house, its doors, windows, closets. bed rooms, parlor, sitting room, location of the bed upon which Sheedy died, and trees, wood house, pump, fences and everything in the yard, as also the alley, streets and sidwalks adjacent and abouting on the lot. Ex-Marshal Melick called and testified. I had some of the effects of Walstrom, two or three pairs of socks, two night shirts, a necck tie and a memorandum book in my possession. The shirts were embroidered in front and trimmed with insertion. I cannot give their size. The shirts, ties and socks were found in his trunk, the socks had never been worn, and I don't think the shirts had been used. These articles to the best of recollection were used at the coroner's inquest, but not at the preliminary ex-amination. I don't know that the socks were ever shown to Mr. Gatchell, a clerk employed at Herpoisheimer's store. I was not present. When I got these articles I delivered them to Mr. Strode on an order from Walstrom, but also delivered it to Mr. Strode at the same time I turned the other things over. I was present at the search of Walstrom's trunks, and found the things spoken about the things spoken about. I afterwards gave them to Malone. I took possession of the box of hair I found in McFarland's shop. (Produced the box). Found it in a box in front of his shaving chair. It is in the same box now as it was then. " Now your honor, we offer this box of hair in evidence. " The objection of counsel for defense was overruled, and the hair submitted in evidence. " We offer it as corroboration of the confession" said Col. Lambertson. " The hair and box is on exhibit and will remain in the custody of the court repoter, " replied the court in response to an inquiry as its custody from Col. Philipot. Cross examination----I was marshal at the time searched Walstrom's trunk ; knew it was his trunk from the fact that Mrs. Heater pointed it out to us. It was the following day after his arrest ; Malone had searched the trunk the day before. The things taken were taken out of Walstrom's trunk the day afterwards. They were taken by Malone to several stores to find where and by whom they had been purchased. Officer Kinney informed me where I could find the box of hair, which I found and have kept in my possession ever since. None of these a ticles were shown to Walstrom so far I know. The prosecution at this point offerend their differnt photogarphic views of the Sheedy residence and premises. Objected to and me offer withdrawn for the present. James Malone called : I was not present the time Walstrom was arrested ; I examined his effects in company with Marshal Melick ; went through Walstrom's trunk which we found in his room ; we took away several pairs of black socks, two nights shirts and three or four neckles ; took the socks to Mr. Katzenstein at Herpoishelmer's ; we got a ring from Waltstrom ; he was not presset at any time when we were searching his room ; Marshal Melick and myself arrested McFarland. Did you have any talk with him at the time of his arrest or immediately afterward ? I did. I found McFarland on P street, and taking him into a doorway, asked him if he had bought a cane of Goldwater. He said e had, but had purchased it for a man from the Black Hills. We asked him to go the station. Another man standing there remarked as we started off, " Ah, there! I thought they would get you !' This remark was addressed to McFarland. Philpott objected but was overruled. " We went to station, " resumed Malone, " and had arrived at the door when the marshal came up. We went in and asked Monday about the man he claimed to have bought the cane for. He went on and described him. We then asked him where he had been the evening Sheedy was assaulted. He claimed to been at " Botts' house that evening, but Botts, when questioned, denied Monday's statement Monday then said he thought Botts saw him, I had another talk with Monday the same evening. I asked him about the cane and inquried of him if it was the same on ehe had bought of Goldwater. He said he thought it was I told him he had better find the man from whom he bought it. I finally told Monday I could tell him who he was. I told him he had been at Sheedy's house the evening before between 7 :30 and 8 o'clock. We then took Monday inside and locked him up, I was present in the jail when McFarland and Kinney were talking. Monday then recited in substance his later written confession. M o n d a y. said Mrs. Sheedy had a lover here and told me where this alleged lover roomed ; said he (Monday) was to receive $ 5,000 for killing Sheedy---- $ 600 or $ 700 down and the balance when the estate was settled up ; told about having been sworn to secrecy by Mrs. Sheedy ; had gone there to dress her hair, and told about their disgraceful amours, going into all the disgusting details. Carder came in at the time Monday told about having been offered the 5, 000. Carder told Monday that he had better keep his mouth shut and passed out of the jail corridor, Monday said that after buying the cane of Goldwater he had taken it to Sheedy's residence and given it to Mrs. Sheedy. Mr. Strode : " Malone, did you not have a conversation with John Sheedy before his death ?" " Yes, sir. " " Did you not testify before the coroner's jury that during that convesation Sheedy told you that he believed that it was Frank Williams who struck him?" " No, sir. " Objected to by counsel for the state as not proper examination, witness not having with reference to any conversation had with Sheedy. Objection sustained and question and answer strickern out. " Now, Mr. Malone, " said Strode, bending forward leavling his right for digit at face of witness, " did you not have a long conversation with me at the police station that night and did you tell me that you had put McFarland in the sweat box and extorted a confession from him?" " No, sir. " Philpot----Did you not meet me in the corridor of the jail and tell me that you had scared the life out of McFarland, and that your opinion he would comit suicide before morning? " No, sir ; I don't recollect seeing you at all and certainly told you nothing of Lambertson----Mr. Malone is it not faot that you saw a number of attorney's up there trying to break into jail to ges a client ? Lenghingly, " No, sir. " Strode to Lambertson-----" I don't have to solcit olentage. I've tried as many cases as you have in this court. " Judge Field----" That will do ; the rescord is the best evidence of that. " Dr. H. M. Casebeer, called : I have resided nearly five years in Lincoln in the practice of medicine and surgery. Gradauted from medical department of the University of Michigan ; I knew John Sheedy only by sight ; was not present at his death, but attended the autopsy ; Dr. Bechly, Dr. Everett, the coroner, coroners jury and a number of physicains I did not know were in attendance ; we made an incision across the head and removed a portion of the soull leaving the brain exposed. Witness then described the wounds inflicted upon Sheedy. Remaining he said, we made no microscopical examination of Sheedy's brain as we did no consider it necessary. There was no fracture of the skull. Col. Lambertson fired at the helpless witness the same long tortuous and serpentine hypothertical question which kno K d Dr. Beachely silly Saturday with reference to his opinion as to the cause of Sheedy's death, taking into consideration all surrounding circumstances Considering the symptoms I consider that his death was caused by poison from some drug. " What drug?" " The symptoms were those of opium or some of the alkaloids of opium, such as morphine, etc. " The symptoms of opium or morphine poisoning are giddlness followed by sleep, later on be cannot be awakened at all. During these times the breathing becomes labored and slow, accompained by morning and finally utter unconsciousness. The body becomes peralyzed and stomach torpid. The pupils of the eye are always dilated, so far as I know. The effect of atrophine is diste the puplis, while morphine contracts. Morphine administered hypodermically would not manifest its presence in the stomach---It would be found in the circulation and urine. The time morphine would require for assimulation depnds upon the condition of the stomach. If full of liquids or food it would require longer to assimulate, while, if empty, the effect would become appearent in a few minutes. The binder who left with the body at the time the stomach was removed for examination. Death from heart failure would be almost instantses. The easy familiarty evidenced by Col. Lambertson in speaking techincaily of the names of the various bones of the face, head an d neck, together with a ready command of medical terms rarely possible with a lawyer, aroused the ire of Col. Philpott, who evidently, envous of Lambertson, determined to at least emulate, if not surpase counsel for the state in the sang froid with which he would gilbily speak of the cereblium, medulla, sphenold and oocipital bones. Striding to the chair vacted by Strode, Col. Philpot, his face as imu turable as an owl, and with a lugribon slamulation of intense gravity, Philpott asked in apparence seriousness : " Doctor, can you tell what portion of the brain is known technically as the arbor vitoe? " Wh-a-t?" Then with a smille as the humor of the occasion dawned upon him, " no, sir. " " Where is the oblong get there? " " Never heard of that, organ. " " And yet you claim to be a surgon and physician ? " " Yes, sir. " What effect would the presntation of an unpaid board bill have upon the salry belum of an impecurtous boarder ?" " Couldn't say. " " Do you think a man is dead when he has been killed? Did you ever peruse that eminent work upon anatomy, known as Bill Nye's ' Thinks or his Rallway Guide ?, Have you carefully read Bill's Disesction of the Wm. Goat ? or his Ode to the Mewl ? " If not, why not?" Now doctor, remember you are upon oath and are supposed to be a descendent of esteemed gentleman with a pathetic hatchet attachement ?" Having concluded his bombardment of witness with vital question, the attenuated consel for McFarland casta look of mingled conscious triumoh and erudite superiority upon his humilated and crushed vival, who meanwhile fallen of his chair, while the jurors had vacted their seats and were preparing to drop from the second story windows and take obances in getting to the woods, Philpot let up on this voln. Having browsed around in humorous pastures to his own content and to the eminent delectation of the audience, Col. Philpott resumed a serious mein and endeavored with indiferent success to confuse the doctor into an admision that the symptoms attending Sheedy's death were superinduced by causes other than morpine or opium poison. While the examination was in progress court adjourned for dinner. AFTERNOON SESSION. When the falsetto voice of the bailiff resounded through the room this afternoon like the symphony from a corn stalk fiiddle, and announced that the blind godess was about to adjust her scales again. every seat in the court room was occupied, the front rows being filed with ladies in bright and attracive costumes harmonizing in shade with the bright sunny weather. The ladies, recognzing that everything comes to those who wait, and acting upon this theory, they migrated early to the court house, pre-empted favored claims and waited for the mil to beging grinding. Their bright and tasty costumes contrasted pleasingly with the somber hued hadlments of the male sex. Several of the favored fair ones were admitted inside the railing, upon their less fortunate slaes doomed to waste their sweetness on the air ouside. Dr. Casebear resumed the stand, and was questioned by Col. Philpott, whose famlarity with the technical medical vocabulary was explained by the statment that he had once passed through a medical college. that is, passed in at the front door and fell out the back door. Phillpott had a long string of these jaw breaking terms, and unlcaded them upon the doctor in whilesale lots. Having relived himself of the oblong-atta, the cor-bullum, the occipital bone, the arbor vetate, and the gyostocunts, Philpott retired to enjoy much needed mental rest, his place being taken by Consel Strode, who conducted the examination in a more serious vein. It is not easy to distinguish between the symptoms produced by concussion and compression of the brain replied witness. Becoming weary of technique, and doubless suspecting that the examination as being conducted was a Chinese puzzle or Digger Indian to the jurors, Judge Field suggested that it would simplfy matters by submiting books containing expressions of medical authorites. Strode held that this could not be done. claiming the supreme court had ruled against the admission of these authorities. He cited the case of the State vs. Hutchison, which he prosecuted before the superme court, which ruled the books of authorites out. The search for the law governing this propostion was hunted up and the postion of counsel for defense held to be untenable. The examination of the witness was still in progress at 3 o'clock, when the NEWS' report of the day closed. Counsel Frank Hall, eminently identified with the prosecution, was absent to day, but will reappear in the case tommorow, having gone out of twon on important business : Col. Billingsley was present a short time this morning, but vamoced at noon and did not reappear, McFarland's laterests being cared for by Philpott and Woodward. -------------------- ON HER MUSCLE. An Exciting Scene in the Methodist Sun day School Yesterday. Quite a sensation was created in St Paul M. E. Sunday school yesterday afternoon. After the regular program of exercises had been gone through with, a memorail service in honor of the late Mr. Eva Calvert was held. Mrs. A. M. Davis was addressing the school on the many virtues of Mrs. Calvert, who was one of the corpe of teachers, when a disturbance arose in the rear of the room. All eyes were immediatley turned in that direction, from whence came the sound of rapid blows and somthered imprecations. The principal figure was Miss Banghart, an eccentric maldeh lady, who was energtically bolaboring the back and shoulders of a young man named Walsh, a member of Mr. Adam class, which occupied the next to the rear row. The lady is somewhat noted for her eccentricites of dress, and is possessed of an halucination that if any one exhibits merriment in her presnece she is the cause of it. Mr. Walab, however, had a back to the door, and why she made the assault on him is as great a mystery to him to any one else. Mr. L. J. Byer attempted to induce her to withdraw, but the turned on him, assaulting him with the vocabulary usally attributed to pirates, and also brought her number into play. Considerable force was necessary to eject her from the building, and she departed northward muttering imprecations on all concerned. -------------------------------- The Other Murder The remains of Mrs. Cella Jennie Green, who died Saturday morning from the effects of wounds inficted by her aged lover. E. W. Hutchinson, were interred in St. Theresa cemetery this morning, the funeral taking place from the late residence, 1521 O street. The coroner's jury, composed of C. B. Beach, A. M. Bartram, J. H. Blair, W. G. Small, Jacob Bush and A. P. Martin met with Coroner Dr. Holyoke at the scene of the tragedy, Saturday evening, and heard the testimony of Miss Lou Rice, Augustus Gilbert, and Edith Gilbert, witnesses of assault. Their testimony as to the effect that Hutchinson came to the rooms, which are immeditely above May's clothing store, about 3:45 on the evening of April 28th last. He was apparonetly as good-natured as ever, and talked pleasantly with the family. Mrs. Greane and Hutchinson were left alone in the front room, while the others retired, the wormen to the third room of the sutle, and the brother to the bath-room in the rearSoon afterwards witnesses heard shots, and Mrs. Greene came runing into the third room with Hutchinson in pursuit, firing as he ran. Two bulliets were fired as they came through the door,, the third across the center table, and the ramining two with gun held close to her back. The murderer ran to the door of the front room, thence into the hall and away learing his hat behind. The two women were witnesess to the shooting while Gilbert, who 1s Mrs. Greene's brother, arrived in time to see Hutchinson going out, snapping the re voiver at his own head. The women said that they had heard Mrs. Greene's [Dr?]

Mrs. Essie Richards, living on the floor above, saw a bare headed man go down starire, but thought he was going after a