166
Saturday.
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The Evidence Continued
Following the evidence given by Chas. Carpenter yesterday afternoon Gus Saunders, the well known saloon keeper, was summoned to the stand. "I have known Mrs. Sheedy since 1881, but could not say whether or not she was legally married to Sheedy. I cannot state when she was united in marriage to Sheedy."
"When did she first live with him as his wife?" was asked.
Council Philpott objected, but was overruled, and witness answered:
"It was either during 1881 or 1882, when they occupied rooms in the Quick block; was in and around the block more all the time, and frequently saw Mrs. and Mrs. Sheedy passing in and out."
Counsel Philpott at the juncture interposed an emphatic objection against bringing Mrs. Sheedy's reputation up for discussion or investigation.
The question was asked: "Do you remember the time this woman and John Sheedy went to New Orleans?"
"In 1885 or 1886."
"Was Sheedy and this woman man and wife at the time they left for New Orleans?"
Instantly, not Philpott alone, but the numerous counsel for Mrs. Sheedy and McFarland were on their feet, executing an excited war dance in behalf of Mrs. Sheedy. The confusion was similar to what one would witness at a convention of business. The usual dignity of the sedate Judge Weir was disturbed, and as for Strode he seemed bordering on the verge of lunacy, while Stearns presented his wrinkled front, and wildly pawed the air. It created a greater furore, if tha its possible, than the mention of the name of Detective Malone, and that is useless.
Strode vehemently asserted that Lambertson was attempting to blacken and smirch the character of Mrs. Sheedy, which he insisted, should not be permitted. Lambertson, like the boy who had sprinkled the floor with cayenne pepper at a country dance, leaned leisurely back in his chair and smilingly watched the animals perspire and canter around. Having enjoyed the scene for several minutes Judge Field ruled against the admission of the question, and order reigned once more, and sustained the position taken by counsel for the defense. Saunders was then excused.
Peter Compton, a colored barber, was next examined and testified: That McFarland worked at his (witness') father's shop and was in the habit of shaving John Sheedy, for which almost invariably he gave him 25 cents; that McFarland had been employed by Sheedy to shampoo and dress his wife's hair; that the day prior to the assault upon Sheedy McFarland had gone down to the Sheedy residence at the request of deceased and remained about two hours.
MRS. SHEEDY'S ERRAND BOY TALKS.
Johnny Klausner, the bot who had roomed with Walstrom, and who was accustomed during Walstrom's stay in the city to carry numerous baskets of lunch from Mrs. Sheedy to Walstrom's room, was the next witness Johnny, though evidently possessed of vital and interesting information, manifested considerable reluctance to und=burden his mind, and confined himself to briefest possible answers to question, volunteering nothing. This testimony was as follows:
JOHNNY'S STORY
"I am nineteen years old. I worked at Mr. Sheedy's in 1886 and 1887 for my clothes and board and wen to school. I left there in 1887. Since then I have occasionally run errands for them. I think Mrs. Sheedy went east sometime in the spring of 1890. She came back, I think, last Septemeber. After she returned she told me she expected a friend named Harry Walstrom from Birmington Ala. Shortly after that I sais to her that I did not like the room I had and she suggested that Walstrom and I room together. This was after Walstrom had arrived here. Two or three days afterwards Walstrom came to the Windsor hotel, where I was working, and we made arrangements to room together. I selected a room in the Heater block. He was to pay $8 of the rent and I $4. We roomed together about three months and a half; run a number of errands for Mrs. Sheedy during the time; carried notes for her to Walstrom; I carried notes also from Walstrom to her. She never addressed the envelopes containing her notes, neither would Walstrom address the envelopes that he sent to Mrs. Sheedy. The envelopes were always sealed. In case Walstrom was not at home he instructed me to leave the notes in a certain drawer. Mrs. Sheedy told me to come always about 4 o'clock to deliver the notes; I never saw Sheedy there when I delivered them; I never told Sheedy that I was carrying notes to his wife; I carried three or four baskets of victuals to our room; there was chicken and other victuals in the basket; once or twice there was a bottle of proper; Walstrom and I used to eat and drink these things together; Mrs. Sheedy never gave me anything like that to take to my room when I was rooming alone."
During this recital one of Mrs. Sheed'ys sisters looked at he inquiringly. As the witness continued to look developed gradually from one of interrogation to one of surprise and the to one strongly resembling disgust. The witness the continued:
"Two or three days after Sheedy was buried I carried a Package of some soft material from Walstrom to Mrs. Sheedy. The day Sheedy died Mrs. Sheedy told me to tell Walstrom to be sure and be at the funeral, or she would not think anything of him."
Great difficulty was experienced by the attorneys for the prosecution in getting these facts out of the witness. Suddenly Hall asked the witness:
WAS COACHED.
"Hasn't Strode, the attorney for Mrs. Sheedy, had you up in his office?"
The witness colored up, hesitated and finally said:
"Yes, sir."
But little more was gotten out of the witness concerning that visit except that Strode had him read over his testimony at the preliminary examination. Hall then asked:
"Have you been up to see Mrs. Sheedy at the jail lately?"
"Yes, sir," was the reply.
"How many times?"
"Twice."
"Who took you tot the jail each time?"
"Mr. Strode and Mrs. Dean, sister of Mrs. Sheedy."
Nothing more could be learned from the witness as to what was said at the time of these visits. In reply to other questions the witness said;
WANTED A DIVORCE.
The afternoon of the day that Sheedy died Mrs. Sheedy told me to tell Walstrom that she was afraid Sheedy was going to die. One day last summer when i was the Sheedy residence Mrs. Sheedy came into the house crying; she said she wanted to get a divorce from Sheedy because she couldn't get along with him; said her husband was jealous of her."
It required about ten minutes to get this last statement out of the witness Mr. Hall then asked:
"Didn't Mrs. Sheedy tell you that she thought a great deal of Walstrom?"
Strode, Mrs. Sheedy's counsel, objected that it was a leading question. Then Hall arose and addressed the court. He declared that the manner of the witness was sufficient to indicate that he was under the influence of the defense and that the only way to get any testimony out of him was to ask him leading questions. The judge acquiesced and admitted that under the circumstances such questions were necessary. The witness the answered:
"Yes, sir."
Mr. Hall then asked:
WOULD NURSE HIM.
"Didn't Mrs. Sheedy say to Walstrom that if ever he got sick that she would come up and nurse him."
Counsel Strode objected, but was overruled and Johnny answered "yes."
Owing to the visible reluctance of the witness to reveal anything he could conceal, Counsel Hall, Who was conducting the examination, asked permission to cease further effort in this direction until he could secure a copy of the boy's testimony given before the coroners jury, as counsel for defense had refused to extend the courtesy of permitting him to use their printed copy. Col. Philpott mounted Pegasus at this, and entered into the controversial arena, with a pyrotechnic display of excited oratory that paralyzed the court, spectators and counsel. The brilliant and combative, but attenuated counsel for McFar and objected to proceeding with the cross-examination of witness until the prosecution should have gotten through with him. Then followed an extended squabble, which was terminated by the court excusing Johnny in compliance with the request of counsel Hall.
Strode, stung by defeat and exasperated beyond endurance, recalled the witness, and while his face glowed with the heat of suppressed rage, he bombarded Johnny with the following questions:
"Johnny, weren't you a prisoner for ten days because they thought you knew more? Didn't they try to make you tell lies? Didn't Malone and Pinkerton detective hound you, attempting to get you to say certain things that they wished?"
"hold on," said Lambertson. "Give the witness a chance to answer." But the witness had already managed to get in a number of "yeses" somewhere during this fusilade.
Then Hall took the witness and asked him if he had ever volunteered and information of any kind to the prosecution to which he replied:
"No, sir, I didn't wish to be a witness."
"When first approached by Malone did you tell him anything about carrying notes?"
"No, sir, I didn't tell Malone anything about carrying notes and eatables back and forth from Mrs. Sheedy. I didn't propose to tell anything he didn't ask me about. I carried a ring pouch from Mrs. Sheedy to Walstrom."
Stearns then made some sarcastic remark about Detective Malone, whereupon Lambertson reported:
"If Jim Malone should happen to die I don't know what you fellows would have to kick about."
The witness was then excused sand court adjourned.
Albert Katzenstein called and worn: Live 1810 E street. In the month of December I was working for Herpol sheimer. I know Mrs. Sheedy by sight, and saw her in the store on or about Christmas, when she bought two gentleman' night shirts, I cannot tell the size. They were of good quality and nicely embroidered. I can't say whether I ever saw them after they were sold. My attention was called to two night shirts after Mrs. Sheedy's arrest, by Officer Malone. They were embroidered on the front, and similar to the ones I sold to Mrs. Sheedy. They were unlaundried when I sold them, and were in the same condition when shown me the second time, though badly wrinkled up and somewhat mussed. Mrs. Sheedy did not say anything at the time she bought the shirts to indicate for whom they were intended. I knew John Sheedy and would call him a large man. I cannot recollect the size of th eshirts and can not swear that the shirts shown me by Malone and Herpolsheimer were the same ones I sold to Mrs. Sheedy or not.
I thought they were, but am not sufficiently positive to swear to their identity. The shirts had white insertion in front, a pink edge and embroidered; we had similar shirts in stock but did not make a comparison to see whethet or not the shirts shown by Malone were identical with those in stock. I have talked to Colonel Billingsley relative to what I knew about the matter; I met the Colonel at Coffee Joe's eating dinner one day when I brought the subject up and he questioned me about the shirts.
Cross-examined--I do not pretend to remember accurately the exact appearance of the shirts I sold Mrs. Sheedy, but, as I said, they were almost identical in appearance; I cannot recall that she said "If these shirts do not fit my husband you will permit me to return then and make an exchange." There was something said about exchanging, but I cannot remember that she said anything about her husband; she asked for the hosiery counter and I transferred her to that department; I think she had made some purchases before coming to my counter.
Witness excused.
James Gatchell called and testified, Have lived in city for four years, I work at the hosiery counter at Herpolsheimers. Know Mrs. Sheedy and she was the my counter two or three weeks before Christmas. I sold her at that time three pairs of hose, No. 9 1/2. That is a smlal size. They were black cotton hose and cost thirty-five cents per pair. I saw the hose afterwards, when they were shown to me by Officer Malone. They were the same hose I had sold Mrs. Sheedy. Did not compare them with stock, but because we had none left. This was two or three weeks after the murder The house had never been laundried or worn so far as I could observe.
Cross examination--They were men's socks. I had two additional pairs of the same size left and sold them. The reason I recall the pairs sold Mrs. Sheedy because I had expected her to call for a larger size.
Harry Shaffer called: Knew John Sheedy, and live right around the corner from his residence; was at his house once before his death, and twice after he died; I went in the house the evening he was assaulted and had a talk with him; I asked him if he knew who it was that struck him; he said he did not know who it was that had tried to do him up; on Monday between 2 and 3 o'clock I went in the house; I was standing at the foot of the bed when Mrs. Sheedy stepped to the bedside, and taking up her husband's hand in her's, kissed it and said: "If John dies it will kill me, I don't believe he was hurt very bad, but think they have given him something to put him out of the way'.' I was the only person in the room at the time, though Dr, Hart, who was sitting in the adjoining room, stepped in almost immediately; I do not think Hart overheard the remark; she manifested only slight symptoms of sorrow during the time I have mentioned; she was very quiet and self-constrained.
Cross-examined--I was at the house three times on Monday and once on Sunday. Dr. Hart was int the next room. It was 2:03 p. m. I went to the house about 1 o'clock. I was absent about an hour and a half. Dr. Hart, Dr. Everett and Charley Carpenter were in the room and probably assisted Sheedy to bed. I was holding the sponge while Sheedy's wound was being sewed up, but went out to wash my hands, Mrs. Sheedy may have helped her husband in bed, but having vacated the room I cannot state positively whether or not she assisted in getting him to bed. The reason I recall with such distinctness the words of Mrs. Sheedy at the bedside is because her remarks and manner impressed me as being pregnant with fignificance.
MRS. SHEEDY BUYS NECKTIES
Juror Smith called: Live in the city and was employed as a salesman selling clothing and gents furnishing goods at Schwabe. I recollect seeing Mrs. Sheedy in the store about Dec. 20th last, in company with Mrs. James Hood. They were looking into the show-case and admiring some neckties; they liked the pattern and Mrs. Sheedy said if one of the ties that captured her faney was a four-in-hand instead of a puff tie she would buy it; finally she bought two ties, paying $3 25 for them. I was afterward shown one of these ties by Officer Malone and recognized it as the one I had sold to Mrs. Sheedy; it was the same tie in every respect; the reason i am so positive is becuase I had picked it out for myself, and believe the tie shown me was the one i sold to Mrs. Sheedy.
Cross-examination--I did not before and have not since seen a tie like it, and, therefore, believe it was the same tie Mrs. Sheedy purchased from me. Yes, it is possible that there might have been similar ties sold in the city, but i have never seen one like the one I refer to. Excused.
MEDICAL TESTIMONY
Dr. Beachly was next put upon the stand and examined at great length, obviously to discredit the theory advanced by defense that Sheedy had died from the effects of concussion of the brain superinduced by a blow upon the head, and to strengthen the position of the state that his death was the result of morphine poisoning. The general tenor of his testimony was favorable to the latter proposition. He testified as follows:
"I have resided in Lincoln eleven years, and have been a practitioner for almost thirty-seven years, having studied medicine at Cincinnati, Ohio, in 1854, and later graduated from the medical department of the university of Indiana. I was acquainted with John Sheedy during his lifetime, but was not called to attend him during his last illness; I do not know Mrs. Sheed; I attended the post mortem held over the remains of Sheedy, and consider that I had opportunity to examine his wound; there was a number of physicians in attendance; it was a confused would extending across the cheek bone and a slight cut over the angle of the eyes, and were evidently inflicted with a blunt instrument; being shown the cane said to be the weapon with which Sheedy was assaulted, the doctors said the wound could have been made with such a weapon; the skull, as examined at the autopsy showed no contusion and the brain appeared in natural conditions; I saw no coagulated blood or rupture of the blood vessels of the brain; the heart was somewhat enlarged, and affected to some extent with fatty degeneration; the bladder was full of water; no examination of the spinal cord was made, but the medically was removed and examined; it showed no symptoms of blood;the symptoms of morphine poisoning are insensibillity, contraction of the pupils of the eye, torpidity of the stomach, and labored breathing; during the first stages the pulse is accelerated,the temperature slightly increased, but slowed down in the last stages; vomiting and naseau attend the initial stages, but not the latter period; paralysis of the bodily functions ensues; the effect of atrophine is similar to that exerted by morphine; sulfonal is administered to induce sleep, but not to allay pain.
"Doctor , taking into consideration the symptoms attending the death of John Sheedy, associated with the general condition of his health, what is your opinion as a physician, was the cause of his death?
This is the substance of a hypothetical question, longer than a telegraph wire, and embodying about everything so far disclosed during the trial, put by Colo. Lambertson to the doctor.
Counsel for the defense made elaborate objections to its being answered, but overruled, and the doctor replied:
" Well, my opinisn is that the man died from the effect of morphine poison. I base my answer upon the apparent condition of his health, the symptoms preceding his death, and the appearance of the skull and brain at the autopsy. Everything trends to this conclusion."
The doctor was then taken in hand by Counsel Stearns and subjected to a rigid cross-examination, but without eliciting much satisfaction. Court then adjourned until the usual hour Monday morning.
E.L. Thorpe, living at Thirtieth and Hitchcock, had his buggy run into by an electric motor near Thirteenth and Q at 1:30 today. He was not seriously injured and police took him home.
Eli Wilson, living at 824 North Twelfth street, wrs badly injured about the back and side at 3 this afternoon. His team frightened and ran away, and he was hurt in trying to stop them. The accident occurred on North Fourteenth street. Dr. Andrews attended him.
John Gillespie, pensio agent has been notified that during the present week, claimants applying through his office were awarded pensions, viz: Buckley D. Catlin, Lincoln, at $12 per month, from June 28th, 1890; Allen D. Baker, Lincoln, at $12 per month, from July 9th, 1890: Wm. A. Smith, West Lincoln caveat for patent May 5th, 1891.
The will of George Lostroh of Middle Creek precinct, was filed for probate yesterday. His wife secures half the income of the estate, a valuable one, during lifetime, and the farm is divided between his two sons, Gerhardt and Fritz. his son Louis gets $200, and his son Henry $10. A like sum is given his daughters, Sophie and Dorthea.
The Woman Dead.
Mrs. Jennie Greene, who was shot in the back on Tuesday evening, April 28 by E. W. Hutchinson, died this morning at 2:15 o'clock, after lingering for seventeen days and five hours. Her sufferings have been intense, but she bore them with heroic fortitude. Her vitality was great, but the injury was such that it was only a question of time when death would come. Hutchinson, who has been confined in the county jail since his capture, a week after the shooting, has maintained the same simulation of indifference and insanity, and he took the news of her death with but little emotion. The charge against him will be changed to murder, and a preliminary examination will be held Monday or Tuesday.
At 2:30 Wednesday afternoon Judge Foxworthy, in the presence of three witnesses, took Mrs. Green's dying statement. She was very weak at the time, and from sheer inability was unable to tell all she was anxious. She was also physically unable to sign her name. Briefly told, the statement is:
My name is Celia J. Greene, and in fear of death, make this statement. On Tuesday evening, April 28, E. W. Hutchinson called on me. After awhile he and I were left in front room; we were sitting on the sofa; he asked me about notes; I told him I had received a certain amount on them; he asked me if I would give him the money; told him it was in bank to my credit, and we would fix it up among ourselves. He the accused me of staying at Bond hotel with a man a few nights ago. I told him it was false, I staid with lady friends there. He said he had been told that I staied over night with a man. I said whoever told him was a liar; he angrily asked if I meant to call him a liar. I said no, the man who told him was a liar. He jumped to his feet and exclaimed:
"Do you call me a liar?" "Yes," I replied, "If you say I did you are a liar."
He pulled a gun, and I attempted to get out of the room. I tried to hold door, but he jerked it loose. One bullet struck my stays and glanced off. The fatal shot was fired while I was attempting to get under table.
Had known him fourteen months; was good-natured and sensible as ever was that night. He was perfectly rational, no signs of insanity at any time.I believe he shot me because of jealously. Had several alight quareels before on same account; he drew a revolver on me once before.
Coroner Holyoke empaneled a jury, viewed the body, and adjourned inquest until 8 o'clock this evening at her room. Roberts & Co., undertakes; took charge of the body. Funeral at 10:30 Monday morning.
________________________________
Before the Insanity Board.
On an insanity warrant sworn out by S. S. Skidmore this morning Deputy Sheriff Hoxie arrested Benjamin G. Wright, a carpenter living at Thirty-third and U streets. On the way down, at Fourteenth and Q street, Wright, who is a small man physically suddenly turned upon the officer and struck him across the head, at the same time taking to his heels. Mr. Hoxie called a couple of policeman and the patrol wagon to his aid, and Wright was captured at Sixteenth and S streets. he was brought before the insanity board this morning, and after an examination ordered taken to the asylum. Wright is a married man, 54 years of age, and first began showing signs of insanity two years since. He has been gradually getting worse, is excitable, talks irrationally, and latterly, has been imagining himself immensely wealthy, owning everything in sight. When arrested he was very indignant, as he claimed that part of the globe was his. Some years ago a skylight fell on his head, and laterhe was sunstruck.
Albert Walsh, a single man, aged 48, was arrested at his brother's hous, near Fourth and F streets, last night by Deputy Sheriff McFarlnad on an insanity warrant signed by his brother. Walsh was confined in a marine asylum eighteen years ago, and his mother was out of her head for four or five years. lately he has had to be watched closely, and the people fearing that he might carry out his threat of carving them, concluded that the asylum was the place for him, He was sent out.
______________________
When baby was sick, we gave her Castoria.
When she was a Child, she cried for Castoria.
When she became Miss, she clung to Castoria.
When she Children, she gave them Castoria.
____________________________________________________ Sheriff Sale.
Notice is hereby given that by virtue of an order of sale issued by the clerk of the district court of the Second judicial district of Nebraska, within and for Lancastor county, in an action wherein David L. Brace is plaintiff, and Frank W. Pynchon and Mary E. Pynchon are defendants, I will at 2 o'clock p.m. on the 2d day of June, A. D. 1891, at the east door of the court house in the city of Lincoln, Lancastor county, Nebraska, offer for sale at public auction the following described real estate to-wit:
Lot two (2) in block (2) of Madison Square addition to the city of Lincoln, Lancastor county. Nebraska
Given under my hand this 20th day of April, A. D., 1891
SAM McClay,
Sheriff.
NOT FINISHED 6/22.
167
TUESDAY ------
Three Nebraska murders are to hang within three weeks. They are Haunstein, at Broken Bow, for the murder of a neighbor about a year ago, and Furst and Sheppherd for the murder of an old man near Calloway about a year and a half ago. Haunstein was to have been hung on the 17th last. but Governor been granted him a respite for thirty days. His execution takes place Friday, and Sheppherd and Furst on June 5th. ------------------------ More Medict Evidence. The trail of Mary Sheedy and Monday McFarland has now reached a stage of absorbing interest, and a point where a strong inference, drawn from impending eqents which project their ominous shadows into the present, that the proscution is on the eve of a denonement of the most starting nature. The procedings during the past twelve hours imply that a serious oversight which escaped attention at the autopsy, has been remedied by a recent exhuming of the body and a thorough chemical analysis of the contents of the bladder and kidneys made. Though not thus far specifically disclosed, there are exselient reason for apprehending that this last examination has disclosed the presence of morphine poison in the urine and the kidneys. The last analysis of the internal organs was made by Prof. Haynes. an eminent authority in chemistry, of the Chicago univesity, who has been conducting the investigation for a month or more past. The result of the analysis of the contents of the kidneys and bladder is apparently forshadowed by the questions asked physians upon the stand as to the eminence of Prof. Haynes as a chemist. Thus far all have agreed that he is regarded as a leading authority upon chemical analysis. Counsel for state are visibly laycing the foundation for Prof. Haynes introduction upon the stand in the near future, and the natural conclusion can be no other than a reasonable assurance that his analysis of the kidneys and bladder has disclosed the presence of morphine as otherwise there would exsit no plausible reason for bringing him from Chicago to testify. Whether he is yet in the city or not remains a dead secret with prosecution, but present indications point to sensatinal disoloure during the next few days. The skull of Sheedy, sawed into two parts, was exhibited in court yesterday afternoon and this morining. Its shows two old injuies, both the results, apparently, of plsol balls. One is located in the forhead immediately above the eyes, where the ball almost pentrated the skull, but not sufficiently to injure the brain. A similar wound is visible on the back part of the skull. The bone covering was deeply demted, but not entirely performed. During its exhibition Mrs. Sheedy testifested no symptoms of emotion. but (?) with her eyes fixed upon the floor, with a look of dogged indiference mantling her unatural pale face. Following is the continution of the testimony yesterday afternoon : Mr. D. G. Courtnay, an attorney who had looked after lie legal interests of Mr. Sheedy, was called yesterday afternoon. He testified that he was at the Sheedy residence shortly after the murderyns assult. He helped put him to bed and underss him, took charge of Sheedy's papers, advised Mrs. Sheedy to deposit $650 found among papers, in a bank subject to her check. Had conversations with Sheedy daily since the shooting one mounth previous to his death. These occurred in the office of the witness. Sheedy suspected G. L. Bradess Mose Smith, Alex Jestin and Frank Willams of conspiring to put him out of the way. The witness advised Sheedy to employ detectives. Was asked by Mrs. Sheedy after the funeral if he ( Courtnay) thought her guilty. [Overruled.] This question was induced by the look Courtnay gave Mrs. Sheedy on entering her house. The conversation with Mrs. Sheedy were of a financial nature. The witness refused to let McFarland in the house the next day because there was too much of a crowd. Dr. Winnett was then called. He testified that he was present at the autopsy over the body of John Sheedy and participated in the same. His testimony in regard to it was similar to that of Dr. Beachley, who testified last Saturday. A most sensational episode was the production of the skull of John Sheedy. Many supposed it was simply an imiation of Sheedy's cranium, used for purposes of demonstration. Mr. Lambertson, attorney for the state, asked Dr. Winnett : " Whose skull is that you hold in your hand?" The witness replied : " It is the skull of John Sheedy !" For a few moments the judge jury, spectators, but above all the attorneys for the defense were paralyzed. Mrs. Sheedy dropped her eyes for a moment, but afterward raised them, first in a daxed manner, but later she recovered and in a sorutinizing way she looked at it as though it were a curiosity. She did not shed a tear, or even look troubled after the first surprise. The skull was easily recognizable as that of Sheedy's, the depression in the forhead where a billy had once been buried by the assalant being planty noticeable. the doctor pointed out where the outer portion of the skull was craked, but the blows had in no manner affected the inner plate of the skull or the brain. Mr. Lambertson proceeded : " State whether from the examination you have made of the skull of John Sheedy if in your opinion the blow that was administered at that time was sufficient to produce death ?" " No, sir," was the answer. " Was the blow that was administered to John Sheedy and the wound inflicted on him sufficient, in your opinion, to account for the symptoms that you saw in his last illness?" The audience bent eagerly forward to catch the reply that came out distinct and clear : " No, sir. " THIS MORNING, Dr. Winnett, whose examination was in progress last evening when court adjourned, resumed the stand this morning and was cross-examined as follows : Was called at noon to the John Sheedy ; I found Drs. Hart, Deverett, Mitchell and Oflerman already in attendences ; I was these fifteen or twenty [dr?] ; we held a consution, and came to the conclu - sion that there was a pressure of some kind over the brain ; I colncided ; I was present at the autopsy, which was conducted by Dr. Castbeer, who did most of the work, and as I understood, had charge of it ; was examined the brain organs of the chest, liver and kidneys ; I think Dr. Beachley made notes of the result, but cannot state the nature of those notes. I left before most of the physicians did ; my understanding was that an effort had been mad to exclude yourself( Strode) and anybody else representing Mrs. Sheedy at the autopsy ; I looked at the brain, but did handle the brain, and don't think I touched it ; do not think there was any more than the normal quanity of cerus matter in the brain ; I thought I detected a small quantity of blood near the base of the skull caused by an old wound----resembled a bullet wound ; there was a depression in the front part of the skull, but it was an old depression ; it would not require a very severe blow to cause a wond like the one referred to ; examined, the medulla oblongatta, but used no microscope ; did not examine the spinal column at the time, but did three or four weeks ago at Robert's undertaking rooms ; this was three months after the autospy that I made this examination; It was about four weeks ago ; never examined the body and did not inspect the cord but once; Dr. Everett and I took them there ; knew it was the spinal cord and head of Jenn Sheedy, because Dr. Everett and myself removed them from the body in the grave at the cemetery. Prof. Hayne of Chicago and a number of other men were present in the cemetery at the time we opend the graves. Prof. Hayne took the liver and bladder ; we took the cord and skull to Dr. Everett's office ; can't say I was requested to keep this a prefound secret, though I have maintained a discreet silence about it. the body was in a state of partial decompostion. The brain we decomposed ; the liver had undergone very little change ; the bladder was fairly good condition ; we found secur fairly good condition ; we found securetion in it-- from two to four ounces of secretion in it---the skull has been in Dr. Everett's office most of the time since we took it from the grave it was cleaned by Dr. Everett ; it was first taken to the undertaker's office ; it was in charge of Mr. Roberts, who kept it under lock and key in the basement four of five day ! the skull was kept in a bucket ; there was only one mode of access to the room except a door leading out under the sidewalk, but we examined this door and always found it closed and securely locked ; I regard one grain of morphine as toxic dose, which would operate in from thirty minutes to one hour ; I would say that the authorties do not say morphine would take effect in five minutes ; I got the impression that it requires from thirty to fifty minutes for morphine to operate from tubulak statements published in last year's edition of Medical Science, but I may have been in error. " Have you that table with you ?" " Yes, sir. " " Please show it to me. " The doctor examined the table and accompanying article, but after a long search confessed to having been mistaken relative to the period required for a toxic dose of morphine to take effect. " To Judge from my own obervation, however, I can say with the utmost confidence that the fetal symptoms are not present until between thirty and fifty minutes. I call to mind in particular the case of a man who died at the Transit hotel in this city four or five years ago. Know he had taken a toxic dose because he poisoned. I attended the case myself. The symptoms attending concussion or compression of the brain are usually very similar to those present in cases of morphine poisoning. Such a blow as John Sheedy suffered might produce concussion or compression of the brain. The frontal portion of the skull was then produced, and during the examintion that followed, witness said the character of the fractures of the nasal and jaw bones had been produced by a very heavy blow, which might possibly have caused death. " But." said the doctor, " I want to say that I do not believe John Sheedy's death was the result of any such blow. I think he died from wholly different causes. " I cannot say there is any particular changes in the lungs following death by morphine poisoning. " I was covinced from what I observed at the post mortem examination that there was not sufficient indications to imply death from compression of the brain, but I did believe the symptoms were those of morphine poisoning ; I will say, however, that had John Sheedy died under other circumstances, and I not have known the suroundings attending his death, I would not have suspected morphine poisoning. Lambertson requested permission to have the doctor show the jury and point out what portions showed the evidences of extravasation blood. Objected to unless offered in evidence. " Very well, gentelmen," answered Lambertson, " I'll accommodate you. Your Honor, I now offer the skull in evidence. " " I object" put in Strode, " I'll save the record on you there. The reason we object, " explained Strode is because the skull was removed from the body long after the post mortem and has not been in the custody of any one properly authorined to keep them. " " Objection overruled" responded Juge Field, and the skull want in evidence. Witness----A re-examination of the skull convinced me that the blow given Sheedy was heavier than I had at first supposed ; I have thought a great deal about the effects of concussion, compression or morphine upon the brain since the death of John Sheed, but have not read up extensively. " Dr. M . H. Everett called and sworn ; Elave lived in Lincoln a little over four years ; my profession is that of medicine and surgery, which I have practied for twenty one years ; am the local surgeon for the Butilngton read ; I did not personally know John Sheedy, though I reside almost opposite. On the evening of the assault I was sitting in my room ; I heard several shots fired from the direction of the Sheedy residence ; did not see Mr. or Mrs. Sheedy ; I ran accross the street and went in the house ; I founf quite a crowd at the gate ; I found Mr. Sheedy in the front room, with Mrs. Sheedy standing by his side ; I first thought he was shot, seeing the old wound in his forehead and remarked that the bullet had gone through. He then told me that he had been struck and not shot. Dr. Hart followed me in ; I regarded the wound as a trival nature, and soon left the house, leaving Dr. Hart there I observed the hearing and manner of Mrs. Sheedy at the time ; She was very calm and collected and manifested no emotion ; I went away, but was called again about 4 o'clock in the morning ; I found him suffering from what I thought at the time was an overdose of morphine, but as Dr. Hart informed me no morphine had been administered I concluded he was suffering from concussion or compression of the brain. There was a conference of physicians held to discuss the probable causes of Sheedy's death. We agreed that it had resulted from morphine. Mrs. Sheedy was in the room at the time and could have overheard what we said. There was no medicine administered while I was there on the evening of the assult. Dr. Hart told me next morning that he had administered sulfunal to Sheedy. The effect of sulfunal is to induce sleep, there are no after effects. The effects of morphine are widely different. In some cases it would be impossible to distinguish between the symptoms attending compression of the brain and those present at poisoning by morphia ; I examined the eyes and found the pupils nearly normal ; I suspected upon an inspection of the puplis, and finding them normal ; I suspected upon an inspection of the pupils, and finding them normal, that atrophia had been given to counteract the contracting effect of morphine on the pupils of the eye. Atrophine and morphine can be given in mixed doses and thus antagonize each other in this respect. Morphine, hypodermically administered, acts quickly upon the nerve centers and leaves no trace of its presence in the stigmach ; morphine, when a toxic dose is given, may operate in a half hour or less. On or about Arbor Day the body of John Sheedy was exhumed and subjected to another examination ; the body was taken up, and the head, the vertbra, the liver and the bladder ; did not draw the water from the bladder ; it contained two or three ounces of water ; the liver and general organs were in a condition of good preservation ; the bladder and kidnews were taken in charge by Prof. Hoyne, of Chicago ; Prof. Hayne is considered as one of the best chemists in the country. There were two little girls in the grave yard when we exhumed the body ; I recogized the body as that of John Sheedy. Dr. Everett then virtually repeated the substance of the previous witness with reference to the custody of the parts of the body removed, and how they were treated in cleaning the skull. " I think John Sheedy died from morphine poisoning. AFTERNOON SESSION. Dr. Everett called, and resumed the broken thread of his interrupted testimony as follows : Think I saw four flashes when I looked toward the Sheedy residence ; saw four flashes, I think ; I am reasonably certain that I could determine the direction in which the weapon was pointed as it was being discharged; I cannot state the condition of the window curtains. There were twenty or twenty five crowded about the front gate when I arrived ; Sheedy answered a remark in answer to a question of mine and said he had not been shot, but assulted and struck with a club, Mrs. Sheedy as there and did whatever was asked of her. I did not think it a serious wound. after having examined it. Mrs. Sheedy brought towels water, etc. but nothing else. I suggested giving him morphine as a remedy against the shock, but Dr. Hart objected, saying morphine affected Sheedy unfavorably. He did not suffer any profound shock, which would manifest itself by paralysis, unconsciousness and labored breathing. These symptoms were absent when I first saw Sheedy. I do not recall having said that Sheedy suffered from delayed shock ; I don't recollect saying anything of this character before the coroner's jury ; If I did say so I don't think so now ; it is posible compression might have caused his death, but I am satisfied in my own mind that death was caused in this case by morphine poison ; I may have said before the autopsy that Sheedy died from the effects of a blow on the head, but I was not possessed of the information then that I subsequently obtained ; Dennis Sheedy, jr. was about the house for several days afterwards ; when I returned at 4 o'clock a. m . the next morning after the assault, I found Sheedy completely paralyzed and unconscious ; I was told he had been given three doses of sulfunal ; this drug has been in use about two years. It will produce sleep usually in about one hour ; I cannot say how long it would require to have put Sheedy to sleep in the condtion in which I left him ; It would not be an antudote for a toxic dose of morphia ; hot coffee will dissolve morphine; in that case it might operate in five or ten minutes; the brain of Sheedy was abnormally wet ; this condition might be produced by an injury to the head or as a result of onium poisoning ; the condition of Sheedy's heart left him liable to die at any time. " To what do you attribute Sheedy's death ?" " To morphia poisoning or to an injury on the head. " The cross-examination of Dr. Everett was still in progress at 3 o'clock when the NEWS report closed. Counsel Frank Hall who has been absent several days attending an important trial returned this afternoon. and resumed this position in the Sheedy case. ------------------------------- From District Court. John Fitugerald has once more gotten after Jay Gould and his confreres of the Missouri Pacific, legally speaking, and to their claim for 2, 000,000, published exclusively in this paper, he files a reply in which he sets forth at great lenght the peculiar methods employed by Gould and his associates to wreck the Fitzger and Mallory Constuction company, and to evade, as he says, the just debts of the Missouri Pacific. As an instance, he cites where the railroad and construction companies, desiring to avoid litigation, agreed to sumbit the differences to arbitrators. These arbitrators were at work for a long time, but Fitzgerald claims that when it was clear that the railroad company was in debt some $ 400, 000 at that stage of the game, and liable to go deeper, their arbitrator. an employe of the M. P., refused to further arbitrate, giving as his excuse a dispute over whether the telegraph line build was done by order of the railroad company. John Panzeram says in his answer flied yesterady to the suit of Victor Nelson, who askes for $ 5,000 of John's hidden wealth because the aforesaid John caused the said Victor to be arrested on the charge of perjury, that Victor ought not to get huffy and demand cash for a little thing like that. He (John) had signed the complaint at the advice of his attorneys, without malice and in good faith, and really Victor ought not to persist in the demand. Charles A. Johnson, who was uncere- monlously dumped off a hand car on the Union Pacific, by an engine runing wild, has concluded that $ 400 in the hand is worth more than $ 5,000 in the legal bush, and has for that sum in hand paid allowed the company to breath freely once more. Judge Hall is still engaged in hearing the case of McConnell vs. Meyer. In 1884 McConnell, who was engaged in the mercantille business at 1020 O street, became involved and was closed up. In his testimony McConnell says that the stock cost him $ 55, 000, and he went to John R. Clark of the First National bank and said that he could purchase the stock for $ 20, 000 at sheriff's sale, and wanted to borrow the money, the bank taking the stock as security, McConnell wnated A. C. Platt appointed to dispose of the stock, but Mr. Clark wanted Louie Meyer, who was finally agreed upon, and the stock purchased for $ 22,000. The plaintiff says he asked for a written aggrement, but Mr. Clark declined to have something to do with it if that was insisted on. He said that Meyer had charge of the stock until 1886, when he sold it to one Scheenberg for $ 10,000. The affair appears to be pretty badly mixed up from a layman's point of view, but McConnell, It seems, did not get any of the profits, and is suing for that. Judge Tibbets and a jury finished the cae of Geo. A. Van Sickle vs. John L Wheeler this morning. This was a suit to recover $ 100 as commission for the sale of a farm near Bennet for defendant, who claimed is answer that it was never sold. The judge gave plaintiff $ 16. 75. Another small case heard this morning was Pomeroy Coal company vs. C. F. Barras, an action to recover $ 161. 77 for sand and lime furnished for the erection at the Cherry street school house. The defense was that the material was furnished to one Johnson, a sub-contractor who had agreed to furnish to furnish all necessary sand and lime for his part of the work, and therefore defendant should not be bound therefor. The plaintiff claims that Barras guaranteed the bill, which the defendant denies, and asserts that it is simply an attempt to make the bill out of him because it could not be collected from Johnson. The answer in the case brought by the Missouri Pacific to set aside the verdict obtained by Gottlieb Weinnenger on the ground of perjury and frand, was with drawn, and demurrer setting forth that the pettion did not state sufficient cause of action filed instead. Nellle Roberts flied her reply to-day to the anwer of the Springfield insurance company, which objects to paying her loss by fire. She denies that any hazordous business was carried on in that house. The assignment of the policy, she says, was not made known to the company because she couldn't find its agent ; and avers that they are raising technical objections simply to worry and harss. ------------------------ WEDNESDAY --------- The Poison Theory Busted. Almost the entire morning session of the court was consumed by argument of counsel in the Sheedy case relative to the admission of the statments of McFarland and Mrs. Sheedy before the coroner's jury, made several days following the death of Sheedy. Counsel for defense interposed objection to the relation Monday's statment on this occassion soon after the first witness took the stand this morning, besing their opposition upon the singular, but legal grounds, that a confession made under oath and while the witness was in custody suspected of the crime, was given under duress, and was, therfore, not competent. In support of this objection Messrs. Stearns and Strode cited sevral eminent authorities, among them the case of the state vs. Ruff, in which so eminent an authority as Judge Maxwell, of the Nebraska supreme court, held in harmony with this peculair theory. They also cited similar opinions and dicta for the courts of California, Wisconsin and New York. Col. Lambertson and proscuting attorney Snell, for the state, combatted this proposition with great vigor and ability, showing that this view of confessions made under oath had been passed upon only in the absence of specific statute, and when the common law obtained. It was shown that in Nebraska there is a statutory enactment which governs, and that the analogy between cases cited and the one at her was not marked. Col. Lambertson, during a powerful argument opposed to the citations of the defense the potent statment that confession under oath, when the average man is supposed to daily with the truth, If ever, should be accorded greater rights and entitled to more credence than one made in the absence of any restraint to negative untruth. Judge Field in passing upon the controverted question, candidly announced that had the matter been raised orginally before him, he would not hesitate to admit the statment of McFarland, but having the precedents presented brought to his attention he could not do otherwise than sustain objection of counsel for defense and exclude any statments made by McFarland under oath before the corner's jury. The defense then called several witnesses, among them Myron Wheeler, who reported the proceedings at the inquest, to prove that McFarland had been sworn at the time he repeated his confession to the coroner's jury. Mr. Wheeler could not state postively that the oath had been administered, but explained his impression that such was true from the fact that his notes contained his usual mark indicating the witness had been sworn. Ex-Marshal Melick, who was in attendance upon the inquest, said he felt certain McFarland had not been sworn before being placed upon the stand, as attention was called to this oversight at the time. Bailliff Hoagland did not think McFarland had been sworn. Coroner Holyoke was very positive he had administered the oath to the negro, but could not recall any of the circumstances atteding the formality. Robt. McRaynolds, who was one of the jurors at the coroner's inquest, was drug up after a long search and lugged into court. He was very postive the oath had not been administered to McFarland, because it was his understanding at the time that McFarland could be compelled to testify against himself, and to swear him would not streanghten his statment. McReynolds very seriously impaired the rather postive testimony of the coroner by remarking that the latter had appiled to him ( McReynolds) a month or so ago for information upon this point, and asked if he recollected whether or not McFarland had been placed under oath when before the coroner's jury. This broadly sugests that Holyoke himself did not know. The evidence given by Mrs. Sheedy before the coroner's jury was introduced in evidence and read from the original shorthand notes by Myron Wheeler. Counsel for Mrs. Sheedy at first anounced entire willingness to let it go in, but as soon as its reading began Mr. Strode heaved in a corpulent objection, and continued to object to each separate question and answer read. He was overruled and her entire testimony given the jury. Beyond showing that her maiden name was Gabriel, and that she has been a much married and divorced woman, that she was united in marriage to John Sheedy several years ago in New Orelans, and disclosing a profound ignorance of his assaitant on the night of the assault, the testimony revealed nothing of special interest. YESTERDAY AFTERNOON. After Dr. Everett had concluded his testimony, H. P. Love was called. He testified: " I was passing down in front of the Hotel Mack on the Monday following the assault on John Sheedy. I accidentally ran against Monday McFarland and he said : ' Get out of the way or I will serve you as I did Sheedy, ' or as they did Sheedy. " witness not being sure which. Dr. Mitchell was called. He testified : " I was called to the Sheedy residence about noon on the day following the assault on John Sheedy. I was called in to help consider the matter of trephaning the skull. We came to the conclusion that it was not best. I concurred in that opinion. We could not trephane the base of the brain because it is out of reach. In my opinion the pressure was at the base of the brain. A blow at the front of the head many effect mainly the base of the brain. I was present at the autopsy. I did not participate. I went there merely to see whether I was correct in my opinion at the time of the consultation. " " The medulla oblongata was not entirely removed. The symptoms of comprassion of the brain are of conaclousness and inability to arouse the patient, something there is a slow pulse and sometimes it is fast, the bowels are loose and the bladder torpied. I have no reason to believe that I should change my first opinion that it was compression of the brain that caused death. The effects of compression of the brain are not always manifest. Sometimes the effusion or pouring out of serum through the membrance of the brain may not show its effects for hours. There a fracture of the malar bone. " Marshal Melick was put on the stand and identified certain photographs as fair representations of northeastern, northwestern and southern views of the Sheedy residence. The witness was then execused. The defense then wanted to know why Dennis Sheedy, sr., and Dennis Sheedy, jr., were not to be put on the witness stand. They decided that they wished to put these gentlemen on the witness stand and suposed that as their names were endorsed on the back of the information that they were to appear as witnesses. " If you wish," said Mr. Lambertson, " we will send for these gentelmen and pay their fare here as that they may appear as witnesses for you. " THIS MORNING. T. C. Munger called and sworn : Have lived five years in the city, and was a member of the coroner's jury at the inquest held on the remains of John Sheedy. I think McFarland was before the jury on Monday following the assault upon Sheedy. This was about 4 or 5 o'clock p.m. He made a statment before the coroner's jury, occupying about a half hour. My recollection is that he was not sowrn. [ Objection by Philipot, who claimed the shorthhand notes would show that McFarland had testified under oath. ] What was his bearing ? " Objected to and a proposition made to introduce the records of the coroner's jury. Witness---I recollect that the time Monday was testifying, some one in the room called attention to the neglect to place McFarland under oath. The coroner, not wishing to interrupt McFarland, nodded his head and did not interrupt the negro, who proceeded with the narration of his statement ; it is a fact that several witnesses before the coroners jury who had testified quite a while before it was dosclosed that they had not been sworn. What was the manner of McFarland at this time? Objection by Strode that McFarland was under duress, and while he was prisoner, and that it was taken down in writing, and that he was under oath. Counsel for the proscution then proceded to cite authorities in support of their postion that a statement made while the prisoner was under arrest and oath is not admissible. Attorneys Snell and Lamertson for the state, sturdly comabtted the attiude of the defense, and showed by more recent authorities that the states in which the theory of the defense had been followed have later taken wholly different views, and modified their statutes governing the trials of cirminals when confession were involved. It was shown further that the courts of these states acted under specific statute, while no such statute exists in the state of Nebraska. It was shown that McFarland had been coutioned by his attorneys before going before the coroner's jury not to give him- self away, and in spite of this warning he went before that tribunal and made his confession. More than an hour was consumed by counsel in arguing the question of the admissibilty of Monday's statment before the coroner's jury. " If this was an original point raised before me I should not hestiate in deciding it, " said Judge Field. " I would admit the confession, but with this Ruff case before me, I will have to follow the established rule, and assuming that McFarland was sworn, I shall have to ex- clude it. Myron Wheeler, the shorthand reporter who reported the evidence at the coroner's inquest, was called. He could not say postively that McFarland had been sworn, but had an impression that he was placed under oath. He could not remember the administering of the oath, and recalled that attention was drawn to this apparent overnight. Marshal Melick, who was in attendance, testified that McFarland was sworn after he began testfying ; had talked only a few minutes before being placed on oath. Dr. Holyoke, the coroner, was summoned and testified that McFarland had been sworn before giving his evidence. The doctor said McFarland's manner was calm and composed, in fact about the same as the Sunday prior, when he was before him the first time. The witness was taken in hand by counsel Frank Hall, whose aggresive manner and searching questions tangled him up so badly that he confussed to having a very faulty memory, being unable to recollect but few of the details that occurred before the coroner. Mr. Hoagland, who was present at the inquest, was called and said he felt positve McFarland had not been sworn by the coroner. Myron Wheeler, recalled and requested to bring the short notes taken by him at the corner's inquest. Mrs. Sheedy was before the coroner's jury January 15. She was arrested on Sunday. I have the original notes of her evidence before the coroner's jury. The prosecution offered these notes in evidence. Objected to as incompetent, but overruled and the notes read. Mr. McRevnolds, a member of the coroner's jury called and swore postively that McFarland was not sworn before making his statment before the jury. McFarland was asked to take a seat and did so, sitting at the end of the table. He ramained there until he was called to make his statements. It may have been that Goldwater testified, Monday McFarland did not hear Goldwater's evidence ; McFarland did not stop after commening his narrative ; I had it in may mind that McFarland had not ought to be sworn, and for this reason I remeber distinctly that he was not sworn. It has not been called to my attention that McFarland had not been sworn other than by Dr. Holyoke who met me on the street one day and asked me if I could recollect whether or not McFarland had been sworn ; I told him I was postive he had not ; I certainly never told you, Mr. Strode, that I did not remember whether McFarland had been sworn or not ; I did not say that to you. AFTERNOON SESSION. Prosecuting Attorney Snell sworn and placed upon the stand : I was present at the coroner's inquest and was present when Monday McFarland was brought into the room. I do not think McFarland was sworn. I was there when Mr. Walstrom testified. He was sworn ; I recall a circumstance that McFarland was not sworn because after he had talked a short time some one called attention. and said he had not been sworn. Some one asked the coroner about this, and I saw him nod his head Myron Wheeler recalled----If they had stopped McFarland to have sworn him I would have indicated such break in the notes. I do not find any such break in the testimony of McFarland, and which would imply that his statement was continuous. My notes show from custom that he was sworn. " We now desire to renew the offer we made this morning and ask that Wheeler be allowed to read from his notes what was said by Monday McFarland in his statment before the coroner's jury" said Counsel Hall. Strode objected to this on the usual plea that it was not a vountary statment and was extorted under duress. At this stage Col. Philpott took the stand. He asked and answered his own questions. The colonel proceeded to relate what occured at the city jail when he went to the city jail to see McFarland as his counsel, and at the request of Monday's wife. Speaking in the first person, Col. Philpott datailled what occured under his observation at the coroner's in-quest. At the conclusion Philpott was placed upon the inquistorial spit and put through a crucial exsmination----Saw McFarland in his cell and was engaged as his counsel ; that was Sunday evening ; I did give him some advice ; I spent an hour or more with Monday the day before he went before the coroner's jury, but did not dream of him going before the coroner and making a statement such as he is alleged to have made. Counsel for the state consented to the admission of a statment conceding that McFarland was under arrest and held a prisoner in jail several days prior to his confession before the coroner, and that he was conveyed a prisoner in charge of an officer of law from the jail to the coroner's office. The court ruled to admit McFarland's statement made before the coroner, and the shorthand repoter. Wheeler proceeded to read them, It is in substance identical with his confession made to Officers Malone and Kinney. It is now definitely known that Prof. Haynes analysis of the bladder and kidneys did not reveal the presence of morphine or other poison and though at the time the NEWS report closed this had not been stated. Col. Lambertson informed the NEWS that such announcement would be made by counsel for the state sometime this afternoon in open court. This car ainly will relieve Mrs. Sheedy from suspicion upon this serious score and absolve her from making any attempt to hasten his death by poison administered following the assault made upon him that memorable Sunday night, and confines the state to proving her complicity in conspiring with McFarland to bring about Sheedy's death as alleged in his confession. The case will hereafter more intimately concern the negro, as, with the confession of the prosecution that no poison was given Sheedy, this portion of the trail will hereafter drop out of sight and be permantly relegated to the rear. ------------------------- Why will you cough when Shiloh's Cure will give immediate relief. Price 10c., 50c. and $ 1. Sold by Henry H. Barth, 229 O street. ------------------------ $ 500, 000 to loan on improved farms in Southeastern Nebraska. Call on or address M. M. De Levis, room 112 basement Richards block, Lincoln, Neb. ---------------------------------------------------------------------------------------------------- W ANATED -----5,00 pigeons for the Nebraska state tournament ; will pay highest market price; apply at W. F. Cools & Co.'s gun store, 140 South 11th st.
168
FRIDAY -----------
The Sheedy Case.
The defense supposed that they had scored a great point yesterday afternoon when Pawnbroker Goldwater was on the stand, and at first gave the impression that Malone and Melick had offered him $200 to identify the cane as the one McFarland had bought there. It finally aimmered down that Malone had told him he would divide the reward with Goldwater for giving him such a good clue.
Mrs. Charles Coil testified that on a number of occasions she had noticed McFarland standing near the Sheedy residence after night. He always attempted to evade her.
Henry Gerner was called. Strode objected on the grounds that his name was not endorsed as a witness on the back of the information and claimed that his name had been surreptitiously placed on the list. The objection was overruled and the witness proceeded to testify, because his name had been endorsed three days before the trial began. He testified:
"I was just across the street from the Sheedy residence the night Mr. Sheedy was assaulted. Saw Mr. Sheedy fire at somebody a number of times. I thought that the curtain of the window looking out on the porch was open at the time the shots were fired because it was so light."
Charles Tindall was the next witness. He reached the Sheedy residence inside of ten minutes. The curtain on the east side of the house was up.
"The cane was found near the window just south of the door. When I went into the house I did not notice that Mrs. Sheedy manifested any emotion. She did not cry or make any other manifestation. When the cane was showed to her she looked indifferent; she was cool and collected, so far as I could see."
Mike Mooney was called. He was turnkey at the county jail. Had a conversation with Monday McFarland shortly after he had been brought to the jail.
"Whenever McFarland commenced to talk to me I told him it was best not to say anything. The first day that McFarland was brought in he said he was not so much to blame as some folks thought; that if he was let alone he would tell it all. A number of days afterwards he asked: 'How's Mollie? When I told him that she was all right, he said: 'Don't tell anybody that I asked for her.' Two or three times afterwards Monday asked the same question."
P.J. Stepney, a colored man, testified: "I am a relative of Monday McFarland; was at Mrs. Botts' residence the night of the assault; saw Monday McFarland there that evening; he and I changed coats that night. After giving me my coat Monday asked me to call his wife out, and I did so. Monday and his wife then went out; I left afterwards. When near Thirteenth and O I saw a number of hacks approaching the Sheedy residence. I went there and met Botts. He told me about the shooting."
Marshal Melick was recalled. A ring was shown him. The witness testified that the ring was found at Waldman's pawnshop. The ring was shown to Monday McFarland. He identified it a the ring which Mrs. Sheedy had presented to McFarland at one of her amours with the negro.
Strode, counsel for Mrs. Sheedy, then demanded fiercely how Melick could identify the ring. Witness replied that he had the ring in his possession for some time and identified it from its general appearance. McFarland had told the witness that the ring Mrs. Sheedy gave him was at Waldman's pawnshop. The witness went to that place, asked for the ring that Monday placed in pawn, and the ring was given to him.
J. Waldman, the pawnbroker, was the next witness. He testified:
Monday McFarland came into my place of business January 1 and offered a gold ring in pawn. I gave him $4 for the ring."
Cross-examination: "Marshal Melick came into my place of business and asked for the ring that Monday McFarland had placed in pawn. I gave it to him. I identified it as the ring that McFarland pawned, because the number on the tag attached to it corresponded with the number opposite McFarland's name in my books.
THE MORNING SESSION.
When the deep bass voice of the bailiff reverberated through room and corridors this morning and announced that the mill of justice was about to begin its diurnal grind, an audience limited as to numbers, and confined almost exclusively to masculinity, occupied the temple of the blind goddess.
McFarland, his gait a sort of a listless shuffle, wandered into the room with an air of dogged indifference, and ambled over to the chair reserved for his occupancy. Counsel Woodward hastened to greet him with a cordial shake of the paw, and smilingly whispered words of encouragement into his ear,after which the sable prisoner was handed a copy of last evening's Call for perusal. All other papers are strictly withheld from him.
Mrs. Sheedy came in leaning upon the arm of her uncle, Col. Biggerstaff, and accompanied by her three sisters, Mrs. Dean, Mrs. Baker and Mrs. Morgan. Mrs. Sheedy looked worn and weary, her appearance being suggestive of a night spent in anxiety. Her face has undergone a striking transformation since the trial began, the buoyancy of her expression during the first part having given way to one of dejection and nervous apprehension. The turbulence of mind that must surge like a suppressed volcano has heretofore been concealed beneath an exterior kept outwardly calm by a supreme effort and a rare exercise of will power. The ragged anxiety with which she must be tortured is a terrible ordeal and on through which few men, and rarely a woman, could pass without giving outward signs of the awful mental unrest that is its hand maid.
Mrs. Sheedy's splendid composure relaxed this morning, and for the first time since since her arraignment for formal trial, she burst into a flood of tears and wept violently.
Fred Krouse, called and testified: Live 214 South Ninth street at present; lived at 826 M Street in January; knew the late John Sheedy, and remember the night he was assaulted; was east of the Sheedy residence, about fifty feet from the house; the shooting attracted my attention; saw Sheedy shooting, and started toward him, but he shot toward me and I stopped; Mrs. Sheedy called to me and I ran into the yard; Sheedy told me to run through the alley, that the man who had assaulted him had run out back; Mr. and Mrs. Sheedy were there alone; Sheedy went into the house; when the doctors arrived they went in the house and the blinds were pulled down so I could not see what was done; saw a bullet mark in one of the porch posts; did not see it at the time, but found it afterwards; when I first saw Sheedy he was standing in the poor; he told me he had been shot.
Cross-examination--Did not see Sheedy when he came out the door, because I was standing on the street looking north; this was between 8:20 and 8:30; was going to take a ride on the new electric street car was the reason I was going out; when I reached the house she wanted me to go for the priest; she said nothing about sending for a doctor; I met officers Kinney and Otto and told them that Sheedy had been assassinated, and that the assailant has escaped through the alley; I think Sheedy had retired into the house at the time Mrs. Sheedy asked me to go for the priest: she was out on the porch at the time. If Sheedy overheard her make the request he said nothing; I had never been employed by Sheedy to follow him home and protect him.
The next witness called was Mrs. James B. Hood, whose testimony was as follows:
Live on corner of Tenth and J; knew John Sheedy; have known Mrs. Sheedy about six years; have lived one year on P between Fourteenth and Fifteenth; lived there until last February; the Sheedy's have lived on the corner of Twelfth and P; I was in the habit of visiting the Sheedy's quite often; I was at the Sheedy residence about 10 o'clock the night he was assassinated and remained there until he died; met Harry Walstrom at my house; was introduced to me by Mrs. Sheedy at my house. She said he was a nice young man, and she desired to introduce him into company; said she had met him in Buffalo; I never met Walstrom but once after that; met him on the street! Mrs. Sheedy always spoke of Walstrom as a nice young man, and sometimes spoke of him as her sweetheart; she told me once that Sheedy got mad because she went with Walstrom, but said her husband changed his mind after having been introduced, and said Walstrom was a nice young man. Mrs. Sheedy afterward came to my house and asked to be allowed to remain several days, stating that Sheedy had abused her and that she had left him; told me she had her trunk all packed and was ready to take the train and leave, and I told her I was her friend, but did not like to have her remain at the house because I feared it would cause trouble with Sheedy. She then took her departure and went, as she claimed, to her sister's, Mrs. Dean. I told her I did not fancy Walstrom; that I thought he talked too much. Mrs. Sheedy said that was his way; that he appeared to become easily acquainted with every one he met. On the evening of the shooting, prior to the shooting. I had attended the musee in company with Mrs. Sheedy. Mr. Sheedy was across the street, and she called him over. Before arriving at the gate Mrs. Sheedy said to me that she felt oppressed, saying she feared something was going to happen; this was said before we saw Mr. Sheedy When near the gate and about to enter, I. saw Mr. Sheedy across the street and called her attention to him; she insisted upon calling him over; they entered the gate; I saw the man who assaulted Sheedy rise on the porch and heard the blow struck; could see the man but could not tell whether he was white or black; when she returned from Buffalo, N. Y., Mrs. Sheedy she complained to me that though she had telegraphed from Chicago to her husband that she was en route home, Sheedy failed to meet her on the train and her reception was anything but cordia; she further told me about having met Walstrom, and in addition to passing a favorable opinion upon Walstrom, Mrs. Sheedy said he was going to travel for his father, and would probably make Lincoln his headquarters; afterwards told me that Sheedy was very angry and abused her on account of Walstrom; I saw the man run after striking Sheedy; he ran between the house and the lattice work; I went into the house; Sheedy seemed to suspect the assault upon him was for the purpose of robbery and told his wife to look for her jewels; he hurried back to his room and got a revolver; hurrying back to the porch he commenced shooting; in running away the assailant stumbled and almost fell; I was so frightened I don't scarcely know what did transpire; I had several conversations with Mrs. Sheedy about the shooting; on one occasion she said no one could accuse Henry Walstrom of the assault upon Sheedy, because she said Walstrom had been at work that night; I don't know why she spoke thus other than the partial explanation she ventured that some people might suspect Walstrom because he was a friend of her's; I saw the assailant flee; Mr. Housman was going to follow the fellow, and was in the act of passing the gate when his wife, who was present, exclaimed: 'Hold on, All you have no gun; don't follow him; he may shoot.' Mrs. Sheedy did not shed a tear so far as I observed, over the assault upon her husband, but she seemed to feel very bad.
Cross-examination--There was nothing in the manner of Mrs. Sheedy that aroused my suspicions that she did not feel keenly the loss of her husband. I was there the next morning following his death, when there was an inquiry made with reference to an alleged mistake having been made by the doctors who, it was hinted, had made a mistake and given Sheedy morphine instead of another drug. I remember Mrs. Sheedy remarking about being impressed with a feeling of impending evil.
When this witness took the stand Mrs. Sheedy, for the first time, vacated her accustomed place and moved up to a seat at the side of her counsel. Her face wore a painfully anxious and strained look, while her eyes shone with the subdued glare of a confronted baselisk. At frequent times she posted Counsel Strode, and had Mrs. Hood closely questioned. her face had hardened, desperate look, and she kept her wicked look fastened upon Mrs. Hood persistently, as though trying to penetrate her inwardness and read her thoughts.
Mrs. Ruth M. Wood, a doctress, was called and testified: I am a physician; have been for twenty-nine years this spring; lived in Nebraska since 1880; resided in Lincoln for nearly three years; reside now at 1226 P street, in the middle of the block, diagonally across the street from the Sheedy residence; I remember the occurrence of the assault upon Sheedy; my attention was attracted to the house by hearing pistol shots; was sitting at the south window; the blind was up; when the shots were fired I looked over toward the Sheedy residence and noticed that one of the curtains had been pulled down; saw a gentlemen and lady standing in the doorway a moment afterwards. I was at the Sheedy residence that evening; saw Dr. Hart and others that I knew; while there I noticed a heavy breathing by Mr. Sheedy, and turning to Mrs. Carpenter I remarked that his symptoms were those if a person suffering from an overdose of morphine, and my opinion then was that Mr. Sheedy had been given an overdose of morphine.
At this juncture the almost iron nerve and self control of Mrs. Sheedy yielded to the tremendous mental strain to which she has been constantly subjected since the trial opened, and gave vent to pent up emotions by a violent burst of tears, in which she was joined by her sisters, Mrs. Morgan and Mrs. Baker, who buried their grief-stricken faces in their handkerchiefs and susdibly wept. Mrs. Dean, by a supreme effort, succeeded in controlling her emotions, and made tender efforts to assuage the grief of her stricken relative. The burst, of sorrow subsided after a few minutes, and when Miss Anna Bodenstein, the servant girl employed at the Sheedy residence prior to, and at the time of the assault upon Mr. Sheedy, was summoned to the stand, Mrs. Sheedy resumed her usual composure, and again took a position by the side of Mr. Strode, her counsel. That she regarded Anna as a dangerous witness was shown by the painful anxiety manifested by Mrs. Sheedy. Her apprehensions proved an agreeable surprised, as the girl knew nothing of vital importance so far as Mrs. Sheedy was concerned. However, McFarland did not escape without a scorching, as Anna gave it as her conviction that he was the black man-she caught prowling around in the back yard several nights before the assault upon Sheedy. Counsel for Mrs. Sheedy and McFarland made a gallant contest against the admission of her testimony upon this important concession, but were outgeneraled by counsel for the state and finally overruled by the court.
Cross-examination--The same symptoms would be produced by a pressure upon the brain; I based my opinion at the time upon the belief that the sound was trifling. The bearing of Mrs. Sheedy was that of watchful solicitude; I did not see her face as she remained constantly by the bed and did not change her position so I could look into her face.
Anna Bodenstein, the female servant in the employ of Mr. Sheedy at the time of the murder, was called: I worked at Mr. Sheedy's; went there in April, 1890; worked there about ten months; went away after the murder; know McFarland; he used to dress Mrs. Sheedy's hair; I don't know how long it would take him to dress her hair, but think about a half hour; he would go away when he had dressed her hair. The afternoon of Saturday before the murder, I went to the dressmakers; upon my return I saw McFarland pass the house; I saw a man prowling around on the back porch several nights before the murder; the man looked black to me; I ran in the house when I saw him; I know Johnny Hausen; I saw him often at the Sheedy residence; he took some baskets from the house; the baskets contained food; Johnny would bring them back; they contained only the dishes when returned; I remember about someone shouting in the yard; that was before I saw the black man in the yard; this was about 10 o'clock; I told Mrs. Sheedy, but she didn't say anything; I don't know whether she spoke to the man or not; he was about six or seven feet away when I saw him; he stood still and made no attempt to run away. When McFarland was at the house dressing Mrs. Sheedy's hair I was in the kitchen; I saw McFarland at the Sheedy residence the Monday after Sheedy was struck; he came to the kitchen door and asked to see Mrs. Sheedy, but I would not let him in; he came to the dining room door first, but could not get in; he then came to the kitchen door; I knew Walstrom; first met him at the house. where he came for supper; saw him afterward in the parlor; Mr. Sheedy was there; the next time he came was at night, but Mr. Sheedy was not at home; Mrs. Sheedy received him at the door; it was after supper; don;t know how long I stayed, because I went away; I went away about 8 o'clock in the evening; returned about 10 o'clock; Walstrom had gone then Mrs. Sheedy used to go out quite frequently in the evenings without Mr. Sheedy; she would return about 10 o'clock. I saw Walstrom there five or six times, I don't remember having seen a boy bring or receive any notes at house; Mrs. Sheedy said the baskets of lunch were for a friend.
Cross-examination--Mrs. Sheedy told me to tell the truth before the coroner's jury; I have not seen her since she was arrested. I used to pass from the kitchen through the dining room, where McFarland usually dressed Mrs. Sheedy's hair. I never found any doors locked inside the house; there were no doors in the house other than those having egress from the outside. I am sure it was McFarland who came to the door the Monday after the assault upon Sheedy; saw Walstrom five or six times; did not see Walstrom, there after the death of Mr. Sheedy; I am sure I saw him at Mrs. Sheedy's house as much as five times; yes, he was at the house; I don't know who was there besides him, as they remained in the parlor and I would not know anything about them.
He-direct--I went away from the house every Sunday afternoon; I would return sometimes at 9 and sometimes at 10 o'clock in the evening; I never heard much that passed between Mr. and Mrs. Sheedy, as they always went into the parlor after leaving the dining-room.
Questions by Lambertson--Do you think you know who the black man was you saw in the back yard?
Answer--No; it was too dark, I could not see.
Did it look like McFarland? "Yes," hesitatingly answered Annie.
Counsel for defense fairly howled and pranced around in frantic excitement to bar this question out, but were overruled and the cat pulled out of the bag.
Mrs. Charles Carpenter testified: Reside just east of the Sheedy residence; have know Mr. and Mrs. Sheedy about six years. We lived four doors east of the Sheedy's; Mrs. Sheedy and I visited back and forth; we were friends' I would go to see her quite often; I know Harry Walstrom; first met him one evening at the Sheedy residence; was introduced to them by Mrs. Sheepy; Mr. Sheedey was not there; it was about 7 o'clock and was dark; we went home and left Walstrom and Mrs. Sheedy in the parlor. They afterwards called at my house; Walstrom met us on the street and we walked home with myself and sister; he merely walked along with us to the house without any invitation and my sister asked him to come in. My sister sent over for Mrs. Sheedy and she came over; Mrs. Sheedy and Walstrom left together; Mrs. Sheedy called at the house one morning and told me Mr. Walstrom was going to meet him there; he came to the house about a half hour afterwards; Walstrom left the house first and was followed by Mrs. Sheedy--perhaps ten minutes; I never saw Walstrom after this; I was shown Walstrom's picture by Mrs. Sheedy; she had it in her album; said she had met him in Buffalo."
AFTERNOON SESSION.
Officer Lewis Otto--Am police officer; knew John Sheedy; was at the house immediately after the shots were fired; was on the corner of Twelfth and O; Officer Kinney was with me, and 'we ran in the direction of the shots;saw a man running from toward the house; stopped him and found it was special officer Krouse; ran over into the house; found the cane on the porch; I took it inside and asked Mrs. Sheedy if it belonged to her husband; she said not; saw Sheedy sitting on a chair; his head was bleeding; I didn't pay much attention to Mrs. Sheedy as everybody was excited.
The evidence of this witness was substantially that given by officer Kinney yesterday.
The cross examination of Otto by the defense created a humorous suspicion that the very able attorneys for Mrs. Sheedy would be pleased to connect Special Officer Krouse with the assault upon Sheedy because he had testified to having been in the immediate vicinity at the time, and according to Otto's evidence, confessed to having taken refuge behind a convenient tree to escape the lead thrown around so carelessly by Sheedy.
Counsel Hall, addressing the court, asked to have Officer Malone allowed in the room from this time on, as there was only a remote contingency that he would be recalled to the stand again, and then only in rebuttal. Counsel for defense immediately antagonized the proposition, but were promptly overruled.
Jacob Oppenheimer, called: Law student; knew John Sheedy; called at his residence the first or second day after the funeral to get a brother and a sister of John Sheedy to sign a power of attorney; met young Dennis Sheedy, Mrs. Sheedy and Harry Walstrom. Mrs. Sheedy handed the paper to Walstrom and remarked: 'It is all right, Harry.' In passing in and out of the room Mrs. Sheedy would tally run her hands over the keys of an open piano in the room. Her demeanor was not any different from that I had observed on the occasion of previous visits to the house.
Cross-examination--Dennis Sheedy, Jrs., Mrs. Sheedy and Walstrom were in the room. No, sir, Mrs. Dean was not in the room at the time; [?]will swear that I did not see Mrs. Dean and I think I would have seen her had she been there; Walstrom sat west of the piano; the three persons I have named were the only ones in the room.
Counsel Strode became wildly excited in conducting the examination of this witness, and bombarded him with questions by the dozen. The witness maintained a most aggravating composure, and grinned good naturally at the wrath of the rattled lawyer, who did not succeed in breaking the force of his statements.
Mr. Carpenter--Have known Mr. and Mrs. Sheedy for six or seven years; I know of the assault upon Sheedy, and went over as soon as I could get there; I was the second person there; I got out of my house before all the shots were fired; saw Sheedy standing before the east door shooting southeast; he was standing in front of the door, which was open; Sheedy stepped inside just as I got to the gate of his yard; I jumped up from the supper table and ran out without my hat; Dr. Everett arrived there almost at the same time I did; I saw Mrs. Sheedy as soon as I got to the house; Sheedy was inside; don't think he said anything; his wife was standing at his side when I went in the house; Dr. Hart was there that evening, arriving there about ten minutes after I did; I went for Dr. Hart; sent for him because Mrs. Sheedy had asked me to go for a physicians; heard Sheedy make the remark that he did not know what he had done that he should be assaulted that way. Mrs. Sheedy asked me to go down to the Heater block and tell Walstrom that Mr. Sheedy had been badly hurt; found Walstrom in his room and delivered the message given me by Mrs. Sheedy.
Colonel Billingsley has reappeared after several days absence and at once enjoyed a tilt with his old time antagonist, Col. Lambertson, much to the gratification of both.
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169
LOCAL NEWS.
THURSDAY
The Sheedy Case.
The knowledge generally disseminated through the newspapers, that the alleged confession made by Monday McFarland, would be read at the opening of court this morning, had a decided effect in retarding the attendance of ladies at the morning session, and with the exception of three or four in the audience, none were in attendance.
The vile character of the charges there made against the chastity of Mrs. Sheedy was sufficient to cause the blush of shame to mantle the hardened face of most calloused libertine. It was certainly the most disgusting load of moral garbage ever dumped before an audience, and was [foetid?] with the odor of moral rottenness.
Perhaps, during his professional experience, no such disagreeable task has devolved upon Mr. Myron Wheeler, who was called to the stand to read the short hand notes he had taken of McFarland's confession. So offensive was it to his sense of decency, that Mr. Wheeler applied to the court and obtained permission to read the grossly endelicate and salacious portions of the document to the jury in a subdued tone of voice. The defense consented to this latter request of Mr. Wheelar, and taking a position immediately in front of, and only a few feet from the jury, he read the confession, lowering his voice when the grossly indecent parts were reached, until only the jurors and counsel for both sides could hear his words.
The court room was well filled with a poisonous audience of males, who craned their necks and picked up their wealth of auricular appendages in a vain effort to catch the tenor of the statements attributed to Mrs. Sheedy by McFarland. They manifested their disappointment by [scowis?] abd abbited expressions, but it was useless to complain, as Judge Field had issued his ukase and there was no getting around his decree. The jury appeared to take an absorbing interest in the reading of the confession, those in the rear seats leaning forward and resting their chins upon their hands clasped on the backs of the chairs in front in order to grasp every detail.
The anxious expression of Mrs. Sheedy's countenance, observed before the submission of the confession, was supplanted by a look of annoyance as the reading progressed. She sat with her face [-rtially?] turned away, and essayed to [?] indifference, but with ill success. The gist of the confession, shorn of rambling details and boiled down, is in effect that Mrs. SHeedy had married Sheedy for his money, hoping for his removal by natural causes, failing in which she would not hesitate to resort to violence. Some time after the marriage and about the time of their visit to Buffalo, N. Y., Mrs. Sheedy met and became madly infatuated with a young man named Walstrom, who she desired to marry, but Sheedy being a serious obstacle in the way the gratification of her desire, she called McFarland to her assistance and sought to [-aduce?] him for a monied consideration, to murder Sheedy, that she might become possessed of the estate and form a matrimonial alliance with Walstrom. To this McFarland demurred for the dual reasons that he owed a debt of gratitude to Sheedy, who had treated him kindly and assisted him financially, and also from fear of discovery and subsequent punishment. Seeing his reluctance to commit the deed required of him by Mrs. Sheedy, she sought to persuade him by promises of a large reward and the enjoyments of forbidden sweets such as he had never dreamed of, and which would excite the horror and loathing of any woman not morally depraved.
These anomalous inducements having failed, she resorted to threats that involved his life and brought into requisition the influence of whisky to stimulate and nerve him to the commission of the murderous deed. For a long time he resisted temptation, but finally, in a moment of weakness, yielded. Arrangements were made for McFarland to secrete himself in the yard and murder Sheedy as he should emerge from the house upon the porch. The agreed signal to be given to inform the waiting assassin of the impending departure of Sheedy was for Mrs. Sheedy to raise a window curtain. At this McFarland was to pass quickly around the lattice work intervening between him and his intended victim and deal him a fatal blow if possible. The signal was given, and, following instructions, McFarland stepped quickly forward and dealt deceased a heavy blow over the head with a cane, which had been purchased for this especial purpose with money furnished by Mrs. Sheedy. He had expressed doubt to Mrs. Sheedy of being able to deliver a blow of sufficient [?] to kill Sheedy at once, but was assured [?] if Sheedy could be knocked insensible she would get him into bed and finish him, presumably with poison.
The reading of the confession occupied about an hour, and a sigh of relief escaped the jurors when Mr. Wheeler [reached?] the final period and closed.
Considerable speculation is ripe as regards the effect the admission of the confession will have on the jury, and as to the mode of procedure the defense will adopt to counteract any unfavorable impression it may have had upon the jury.
It is not in evidence and will be considered by the jury in making upon its verdict, and given such weight as the jurors may elect to accord it. However, under the ruling of the court permitting its introduction, it can be considered only in so far as it effects Monday McFarland, and will not affect the status of Mrs. Sheedy. Counsel for defense, especially the attorneys, for McFarland have earnestly contested every proposition looking to the introduction of the confession of their client, and have been defeated. The desire to place McFarland upon the stand at any stage of the trial has evidently been the [?] of their intentions, but now that it is in, the question arises will they feel compelled to forego their purpose in this respect and place him upon the witness stand? If they do the sincere wish of the prosecution will have been fulfilled, and a splendid opportunity gives them to break him down upon cross-examination. Under existing conditions the defense is forced to the delicate dusty of letting McFarland testify or allow it the weight usually accorded an uncontradicted statement voluntarily made.
The first witness called this morning was Officer Splain for the state. He testified as follows:
Was a police officer during the month of January last; am acquainted with McFarland; had conversation with Monday the day before he was arrested for the Saturday evening after his arrest; conversed with him in his cell about 8 o'clock in the evening. I was detailed to guard him the first and second nights. I was passing the cell when she said: 'That is what I wanted to tell you: would give up to you' - meaning the confession, I thought
'Q-"What did you believe he had reference to?"
Here Counsel Philpott objected, and taking the witness in hand, subjected him to a long cross examination, but was overruled.
What did Monday say to you that night about his killing John Sheedy?
I went in the jail at 1:15. After I had been in some time Monday came to the cell door and said he was afraid. I told him he need not be afraid, as he was all right. He repeated this, but I assured him there was no danger. At 6 o'clock in the morning Officer Harry was relieved, and I was left alone. About that time Monday came to cell door and said he had something to tell me. I went out to get the chief. Then I met Carder and Malone. I did not call the chief, and remained out in the corridor. Monday called me again and said he wanted to give the whole thing up, and tell how Sheedy was killed. That evening he called to me when I went on duty, and remarked, that was what I was going to tell you this morning. Malone was in the corridor that evening only once, and I heard him say nothing about a mob. Carder did not come into the corridor that night.
Cross examined - Officer Harry was with me, that is he occupied a seat outside of the corridor door. He did not have any conversation with McFarland. I would have seen him him if he had, and I will say positively that I did not see Harry hold any conference with the prisoner. Malone was out in the office. There was no Pinkerton men who came and talked to me at that time.
Re-direct. - I would say that McFarland's mental condition was more cool and connected on Sunday night than in the morning.
Ex Marshal Melick called: Had a conversation with McFarland touching the murder of John Sheedy. McFarland said he had shaved a man of whom he gave me a description. This man, so Monday said, had asked him to go over to Goldwater's and buy him (the man) a cane which I would see standing in the window. Gave him money and he bought the cane, paying ninety cents for it. He described the man as of medium size, with black mustache and said he claimed to have come from the "Black Hills.
Q. Have you seen that cane?
A. I have.
The cane, a heavy black stick, was produced.
"McFarland told me that this was the cane he had bought for the man he said was from the Black Hills. The cane was founded in SHeedy's yard the morning following the assault upon Sheedy. Monday told me there was a colored barber in the shop at the time he delivered the cane to the man. I had further conversation with McFarland about the cane. I told him it was a mistake of the other barber knowing about the purchase of the cane for the men he had shaved. I told him he had better make a clean breast of it, and if anybody else was concerned to make it known, as we had sufficient to convict him. He simulated surprise when I told him the other barber denied knowing anything about the purchase of the cane.
Re-cross - I have had the cane in my possession ever since securing it the morning after the murder, except when it was in use as evidence before the coroner's jury and similar occasions. Would swear, however, that it was the same identical cane.
Officer Kinney - Am a police officer and was acquainted with John Sheedy; heard the shots fired the evening of the assault upon Sheedy; was at the Burr block, south of the Sheedy residence; heard five shots fired; Officer Otto was with me; that was my beat, which extended from Twelfth to Fifteenth and O to Q; we went to the Sheedy residence, passing by the alley, and then turned back and went up the alley; saw no one in the alley; we ran back and met a man who said: "He's gone down the alley;" we turned and ran through the alley to Thirteenth street, but could find no one; I then went and found tracks in no one; I then went and found tracks in the yard; I went over to Skinner's barn and got a lantern; I returned and found a cane, lying near the door on the east side of the house; identified the cane; I went in the house; I think the first man I met was Courtsay did not go in house until after I found the cane; I noticed a bullet hole in the lattice work.
Officer Bob Malone took a measure of tracks found in the yard; don't know when Jim Malone got there. I saw Sheedy, but don't think I had any conversation with him. The doctors and Mrs. Sheedy were there. Had nothing to say to her; she was going toward Sheedy. She did not appear excited. I though I heard a woman halloo when the shots were fired. I gave the cane to officer Otto, who was night captain. Have seen it since.
The cane was then offered in evidence. Counsel Philpot for McFarland objected, holding the weapon had not been properly identified. Overruled, and the weapons admitted in evidence.
In conducting the cross-examination of this witness, Col. Philpot sought to have him detail all conversation he might have overheard between Monday McFarland and Officer Malone on the morning the former made his confession. His purpose was obviously to trap Splain into stating that Malone had frightened the negro into making the confession. Col. Lambertson objected to this on the ground that it was improper.
Cross examination - The Objection was sustained, and after several ineffectual attempts to attain his object and being overruled, Col. Philpott became incensed at Lambertson's persistence, and turning to the stalwart counsel for the state he challenged him to go further into the examination of the witness, remarking that he was prepared to make it interesting that he was prepared to make it interesting for the prosecution if he did. Right there is where the valiant and impetuous counsel for McFarland fell down and was stepped on by the elephant, for the colonel quietly waved Splain to resume the chair he was about to vacate, and showed by his testimony that Malone had been so [?] by McGarland to come to his cell and listen to a voluntary confession, instead of extracting it under duress, as claimed. Following is the additional testimony of Officer Splain:
When I went on duty McFarland called and said, "come here, I want to see you." I told Malone and Carder, and told them they had better go in and see what he wanted. Carder at once objected and said the orders were not to let any one talk with Monday. I replied I would obey orders. Malone went in and unlocking the door talked to Monday, who went on to state that he was offered some money by Mrs. Sheedy to kill her husband. He said the end was with him either way, and he was going to give it up. I told him that was right, and he stated he had been doing work for Mrs. Sheedy and that she had asked him what he would do for $5000. He replied that $5000 was a large sum for a poor man, and he would so almost anything for it. He stated Mrs. Sheedy had spoken of Walstrom, who she said she loved and wanted him (McFarland) to help her get her freedom by killing Sheedy.
He told her that was an awful thing to do. He said that she had made immoral proposals to him, which he had accepted. She wanted him to do the job about Christmas, but his courage failed, and he went and told her he could not do it. During the time Officer Malone and I were listening to Monday's statement Officer Carder came in, and lifting his finger warningly told McFarland to shut up, remarking, "Keep still you d-n fool; you have already told enough to hang you."
Court adjourned for dinner.
THE AFTERNOON SESSION.
The afternoon session was begun by calling Hyman Goldwater, the pawnbroker, from whom McFarland bought the cane. He testified: Am in business at 211 North Ninth street; know McFarland by sight; did not know him prior to January 11 last. Witness was handed the cane and identified it was one he had bought in December, 1888; purchased of a man who came off from the train - an Irishman; I sold it once to a man named P. B. Taylor, and afterward got it back; this was about eighteen months ago, and have had it on hand ever since. I identified the cane by the head, which had been once broken off, and subsequently mended; recognized it fully, sold it last in January to Monday McFarland. He called for it once before, but I could not find it. He came back again and I sold it to him. I asked him a dollar and he paid ninety cents down, and told me to send the boy over to his shop and he would give me the remaining ten cents. This was a few days before Sheedy was killed. Following that event Officer Malone brought it into my store and asked me if I could recognize it.
Cross-examination - I sold the cane twice; never had any other cane of that kind on sale. The cane was almost new when I bought it; it was made by the man from whom I bought it. It was in the store when McFarland called for it, but the reason he did not get it was because my boy gad cleared out the window and mislaid it.
Counsel Stearns asked witness if he did not in the office of L. C. Burr, in the Burr block, and in the presence of Dr. Hart, tell Burr that Jim Malone, Marshal Melick and Mayor Graham had offered him $100 if he would identify the cane as the one he had sold to Monday McFarland before the assault upon Sheedy.
He answered that he had not himself been offered the money but had been told that he could $100 for the cane. Had asked Burr about this and had been told he would not get a cent.
Jack McClellan a Hero.
Mrs. J. G. Hutchins had a terrible experience this afternoon. While out driving west on N Street, her horse took fright at the electric motor, the harness broke, and the animal ran away. At Tenth street, Jack McClellan, late assistant street commissioner, heroically rushed out, and after being dragged some distance succeeded in stopping the animal. Mrs. Hutchins almost fainted, but after a rest in an adjoining shop, was driven home by Mr. McClellan. It was without doubt a brave deed, as the woman would in all probability have been killed.
FRIDAY
J. D. Jones, baggage master of the Burlington, was called to Perry, Ia., yesterday afternoon by a telegram announcing the sudden death of his wife, Mrs. Bell H. Jones.
Mrs. Mary A. Wilson, wife of A. H. Wilson, one of Walton's most prominent citizens, died Wednesday aged 45 years and 10 months. The funeral took place at 3 o'clock yesterday afternoon.
From District Court.
After an eight-hour struggle, the jury in the damage case of Gross vs. The City, returned a verdict at 5 o'clock, finding that Gross had suffered $400 worth of injury.
The German National bank last evening filed a petition asked that the conveyance of certain property by Isaac H. Johnson to Isaac Johnson be set aside because the same was made without consideration, and for the purpose of defrauding the creditors of J. H. Johnson. Johnson was formerly the junior partner in the firm of Cook & Johnson, and the bank obtained a judgement against him in county court on a note to which he had signed the firm name without, as it developed, his partner's knowledge, and on the hearing Judge Stewart discharged Mr. Cook from liability. The judgement was for $306.75, but the sheriff made return that he found no property in defendant's name. Execution was therefore made on lands transferred to Isaac Johnson before the judgement was rendered, and transcript secured.
There is considerable interest being manifested as to the decision of Judge Hall in the Kitchen vs. Roggen case. To secure creditors, G. F. McDonald, one of the alte proprietors of the Capital hotel, executed in the firm name mortgages to a number on the undivided portion of the furniture. Afterwards Roggen gave mortgages on his portion, and the court decided these had priority. If the proceeds of the sale, which are now in the hands of the court, are prorated, creditors will get about 60 percent of their claims.
Judge Tibbetts will knock the wadding out of the motion docket at 9:30 tomorrow morning, if the lawyers will show up with the said wadding.
Judge Hall is engaged today in hearing the case of Charlotte A. Delaney vs.
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WHETHER innocent or guilty, (and a prisioner is presumed to be innocent until proven guilty) one cannot but help admiring the nerve and composure of Mrs.Sheedy in the ordeal through which she has been passing. A woman in peril or distress is always an object of interest and pity to mankind, and Mrs.Sheedy is receiving her modicum of both. The prosecution has been weaving a web of strong circumstantial evidence around her, yet her spirit does not seem in the least broken, and she is making a strong fight for life with such odds against her. The defense promise some convincing evidence of her innocence, and it is possibly the the knowledge of this that has sustained her in a trail here ninety-nine in a hundred would have weakened.