Gilded Age Newspaper Articles

ALL STATE TESTIMONY IN.

Evidence for the Defense Next in Line in the Sheedy Case.

MRS. SWIFT TELLS DAMAGING TALES.

What Mrs. Sheedy's Friend Knows of the Family Affairs---McFarland's Statement to the Coroner Entered as Evidence.

LINCOLN, Neb., May 20.--[Special to THE BEE]---All the testimony on behalf of the state is now in that will be introduced in the great Sheedy murder trial. Tomorow the it is probable that this testimony will not be through with until the middel of next week. The latter half of today the testimony was decidedly statrting and even senstional. The most important witness yet examined was brought on the stand. It was Mrs. P. H. Swift. It leaked out that she was an important witeness and it was developed in the testimony that Strode, the attorney for Mrs. Sheedd, had had a long talk with her and had endeavored by working on her friendship for Mrs. Sheedy to attempt to induce her to suppress certain things she knew and told her that her testimony was the most damaging that the state had, and was in fact the only evidence that the state had that would convict Mrs. Sheedy. The effect of this conversation was very apparent on the witness and it was with the greatest difficulty that an answer could be gotten out of her. In fact for the first quarter of an hour she carefully avoided saying anyting at all. Finally the court got disgusted and allowed Mr. Lamberston to ask the witness leading questions. Even then the witness attempted evasion, bus finally some startling things were revealed by her. The persistent and desperate fight on the past of Strode to keep the witness from testifying and the intense interest Mrs. Sheedy took in the matter was a cue ti the crowd that some thing was up, and they bent eagerly forward to catch what the witness would testify to. It was in vain, however, as even the jury could not hear her reldctant and low toned answers and they had to be repeated by the stenographer. Mrs. Sheedy, as usual when a friend or acquaintance was put on the stand, came forward and cast her magnetic and commanding black eyes on the wintess, looked at her similingly and yet the same time there was a flash in her eye that dared the witness to tell what she knew. Neverthless the witness told some things. The wintess testifed: " I was in the habit of visting Mrs. Sheedy some five or six months before Mr. Sheedy died. She did not speak of him as well as a wife should who loved husband. She said he was jealous of her and would not let her do as she wished. She told me last November that he had threatend to kill her with a revolver. She told me that this was the result of a quarrel over a relative. When she complained to me I laughed and told her that I had heard that hse had lost a ring and that her husband had got angry and charged her with having given it away. She said that was not what she refered to. At another time she said she had the blues awful bad becouse Mr. Sheedy was so jealous of her she couldn't enjoy herself at all. I said to her you do not know how well fixed you are: you have everything you wish. She said " Give me a laboring man who get his wages every day instead of a man like Sheedy.' " Mr. Lamberston asked the witness at this juncture what Mrs. Sheedy had said in regard to bearing childern. Mrs. Sheedy's eyes twinkeld [Dr?] at this, and she flased a threating look at the witness. Neverthless, Mrs. Swift continued: " She told me once that she would give anything if she could have a child. Two or three months after she returned from Buffalo she told me she enciente and didn't intend to have it. She told me afterwards that she had used something to get rid of having the child. and at the time was all right. She said that her reason for doing so was becouse her husband was mean to her at that time. She told me that had fixed to leave him at one time. This was along in the first of November. One day when I went to the Sheedy residence I had some trouble in brining anybody to the door. Finally the servant girl came. " The remainder of the question and answers were of such a nature that it was apparnt Monday McFarland was there, but the real condtition of affairs are not fit for publication. The witness further testifed: " I was there on the day Mr. Sheedy died. She told me that Mr. Sheedy could not live. I told her that hot water and mustard plasters would help him. She said that it was useless to give him anything. " Mrs. Sheedy then rested her dimpled chin on Strode's shoulder, and putting her lips to his ear, whispered something. " What was your name when you lived at York! " " Miss Lucy Bell, " was the reply. " What was it at Plattsmouth!" " Mrs, Johnston. I went there to live after I was married. " " What is your name now? " " Mrs. Swift " " Were you divorced from Johnston ?" " No sir. " Strode then jumped up and demanded: " Why weren't you ?" " Mr. Johnson died, " as the quiet reply. Strode looked annoyed, the crowd laughed and Mrs. Sheedy bent forward and whispered something again in Strode's ear. The attorney then thundered out : " How many times did you drink wine and beer with Mr. Sheedy?" Meanwhile Mrs. Sheedy cast a wicked gaince at the witness. " Only once, " was the reply, " and Mrs. Sheedy was present, Every time I went to Sheedy's, however, Mr. Sheedy offered me wine. " Again Mrs. Seedy whispered in Strode's ear and he asked: " How many times did Mr. Sheedy take you home? " " Only once alone. At all other times Mrs. Sheedy went along. " " Didn't Mr. Sheedy send you a present on Christmas?" " No, sir. Mr. Sheedy made a present to me Christmas of there paris of stockings. If they were from Mr. Sheedy I did not know it. " Mr. Lamberston then asked the witness concerning what Strode said to her at noon. She replied: " Mr. Strode said " I thought you were a friend of Mrs. Sheedy's. ' He said that the evidence I would give was very important and was the only one that would convict her. While Mrs. Sheedy was away Mrs. Dean kept house for Mr. Sheedy. Mr. Strode insisted that I should tell him all I knew of the case and I did so. " The things that Strode said to her to prejudice her for the defense were detailed at leangth. Witness further testified that Mrs. Sheedy said to her shortly beofe the asault: " Someone is after Mr. Sheedy who will kill him and they will get him yet. " The apparisement of the property of John Sheedy at $ 57, 483. 30 was next offered in evidence. The major portion of today was devoted to evidence as to whether or not Monday McFarland's statement at the coroner's inquest should be admitted in evidence. This caused judge ruled that in case the negro had not been sworn it could go in as testimony, otherwise not. F. C. Munger, who was a member of the coroner's jury that held an inquest over the body of John Sheedy. testifeid that he did not believe that Monday McFarland was sworn before he was put on the witness stand that day. Strode objected to the witness telling what McFarland siad on that day. A long debate ensued in which both sides cited numerous authorities. County Attorney Snell showed great readieas in answring all the authorites cited by the defense by quoting from later laws and authorities. Once case specially was cited from the Nebraska records in which Judge Lake had decided that in just such a case as the one in hand, where are two persons charged with same crime. the testimony of one of the two at a coroner's inquest could be used afterwards in evidence. Mr. Lamberston then followed in a spiritted speech. He declared that before Monday McFarland testified before the coroner's jury he had conferred with his attorney, Captain rupted Lamberston with some inaduible remark. Lamberston turned suddenly and said to Philpot: " I will tell you that first thing you said on Monday McFarland the night you kncoked at the door of the jail and, on gaining admition went to your client. It was this: " ' Keep your mouth shut!' " " Hold on, " should Strode, " Shorthhand reporter, take that down. " The court stemographer did as requested. " Now, your honor, " Strode commenced, but Lamberston suddnely ejaculated : "Your honor, I will withdraw the remark. " " Yes, " thundered Strode, " after the micheif done." " Mr. Philphot's advice to his client was certainly excellent, " remarked the court, " but such remarks as that of Mr. Lamberston had better be left unsaid." " Of course Colonel Philpot advised his client to keep still, " continued Lamberston. " Any lawyer worth shucks would do that, and Mr. Philpot is worth considerably more than shucks. He is a learned and astute lawyer and would know what to do. " Mr. Lamberston then delivered an enquest and spirited speech in which he scouted the idea that becouse a prisoner had taken an oath that his testimony was worthless. " But," he declared, " there was no oath taken at this time. " Philpot followed in a long speech that both amused and interested the audience. He pictured vividiy how his client had been dragged from jail to the inquest without his attorney knowing anything about it. " I did not even get a chnace to show whether I was worth shucks or not, " said he, A number of witnesses were then called in relation to the question as to whether or not Monday McFarland was sworn before making his statment before the coroner's jury, as the judge ruled that in case he had not been sworn his statemnt could be used, otherwise it would be ruled out. Myron Wheeler, the shorthand reporter, testifed that his notes showed that McFarland had been sworn, but the witness could not remember personally hat the negro had been sworn. Marshal Melick testifed that he was presented at the inquest and that he saw Monday McFarland Sworn. Coroner Holyoke was postive that he had sworn the negro. Deputy Sherif Hoagland testifed that he did not believe that McFarland was sworn. At this juncture Judge Field declared that on looking over the affidavits in connection with the mistake of Mrs. P. H. Swift's name appearing as P. H. Smith on the back of the informattion that it was evedently a mistake and he would therefore allow the witness to testify. Myron Wheeler, the shorthand reporter, was wanted at this time, but was missing. Mr. Lamberston asked that an attachment be issued against Mr. Wheeler, as once he had left the city at a time that was critical to the prosecution. In a few moments Mr. Wheeler came rushing in breathlessly, and the court informed him that he must not leave the court room again without special persmission of the court. The judge added that as Mr. Wheeler had other business to look after he was partially excusable. Mr. Wheeler was then put on the witness stand and asked to read the statment made by Mrs. Sheedy at the time of the inquest. He commenced to do so. Every question concerning Mrs. Sheedy's past life was objected to by Strode. All of these objections were overuled. The answers to these showed that she had been married to Horace McCool fifteen years ago, lived with him two years and then got a divorce. A year later she was married to George A. Merril. Lived with him two years, and then got a divorce. She was married to Mr. Sheedy eleven years ago in New Orleans. The full evidence given by Mrs. Sheedy at the inquest was been read. The only way in which the story agreed with that of McFarland was that she went out on the back. porch shorly before the assault, but declared that went out for a pitcher of water. Also that the blind look out on the proch was up. Robert McRyneolds, one of the jurors at the inquest, then went on the witness stand and testifeid postively that McFarland was not swore at the time of the inquest Court then adjourned until 9. p.m. At the afternoon session Myron Wheeler, the shorthand reporter was put on the witness stand. He testifed that he had a mark signifying that a witness had been sworn. This mark appeared in the notes of the testimony of Monday McFarland at the inquest. Colonel Philpot then went on the witness stand and went through the somewhat remarkable feat of asking himself questions, answering then and combatting at the attorneys for the defense. He deaclered that he was chosen by Monday McFarland as his attorney on the evening of the Sunaday follwoing the arrest. Witness said in addition: " I did not know that my client was to be put on the witness stand tthe day of the inquest. He was taken there and I understand he testifed. This was done without my knowledge. At the afternoon session of the Sheedy's murder trial the judge ruled that the statement made by Monday McFarland at the inquest could be admitted as evidence. His statemnt was read and it talled in every way with the two disusting confession previously reported. Just before adjourment Mr. Hall, counsel for the prosecution, arose and stated that an examination had been made of the stomach and blader, but no traces of morohine were found by the experts. This statement produced profound astonishment. Mr. Hall, however, offered a number of standered medical works in evidence to prove that too long a time had elapsed for any morphine to be found in those organs. A GOLD SYNDICATE. Daring Scheme of New York Bankers to Stop Exportations. NEW YORK, May 20---[Special Telgram to The BEE]---- It is reported today that ten bankers in Wall street have each put up $60, 000, making a total of $ 600,000, with which to oay the interst one $ 100,000,000 of gold which they are going to buy and hold for sixty days. Gold is now praetically at par, although Great Britain is giving half penny for it, and as money is plenty at 2 per cent there can be no loss. This syndicate intends to compel England and Russia to pay a hand some premium on the gold they buy or leave it this counrty. It is one of ths simplest yet most daring deals that has been attempted since Jay Gould and " Jim" Fisk tried to corner gold and orought on that day, which is always referred to with a shudder, known as " Black Firday. " The way in which the Fisk-Gloud corner was broken was by the United States government selling just $ 5,000,000 of gold. Fish and Gloud were thoroughly frightend and throwing pruduce to the winds let go all the gold they had. If they had held on for only twenty-four hours they would have found that the goverment did not intend to let any more gold out, but they claimed that holding such a large amount as the treasury did they were senstive in letting go. Under the present conditions it is possible but not probable that with a depltetd treasury the goverment would attempt to meet another cirsis. Judging from the condition of the market last fall the corner of gold would mean that every bank and indivdual who could secure gold would store it away. That it would produce a great finacial loss on the counrty is well understood, but it is simply a choice between [dr?] evils---having gold at premium by forgin countries taking all we have or by a syndicate holding it in this country to make the premium. There are now in the United States about $ 600,000,000 in gold and about $ 90,000,000 is held by the United States treasury. Over $45,000,000 of gold has left this city since January 1, and $ 4,000,000 goes today. That something must be done to stop the flow of gold abroad is the opinion of every banker and merchant in this counrty. but it has remained for this syndicate to make an attempt to stop the tide. It remains to be soon what will be done, now that the intention of the syndicate are made public. Terrific Storms In Texas. SULLPHUR SPIRING, Tex., May 20.---This section on the counrty has been visited by the most terrific storms during the past twenty four hours ever known and many houses were completely demolished. Fatal Powder Explosion. CLIEVELAND, O., May 20--- A powder exposion of a coal mine near New Philadephia, O., yesterday resulted in the death of John Groff, and fatal injury of his brother.

IN DEFENSE OF MRS. SHEEDY

Witnesses Who Do Not Believe the Woman is as Bad as She is Painted.

HER ATTORNEYS ELATED WITH HOPE.

Sensational Feature of McFarland's Third Confession - Claims to Have Made a Former Assault on the Murdered Man.

Lincoln, Neb., May 21. -[Special to The Bee]- Mrs. Sheedy's attorneys feel elated and express the belief that it is almost unnecessary to attempt to offer any testimony in defense. The attorneys for Monday McFarland express themselves in an equally hopeful manner concerning the testimony offered against Mrs. Sheedy, but forget to say anything concerning the strong chain of evidence that has been woven about their client, the negro.

One of the sensational developments in the third confession of Monday McFarland as read late yesterday afternoon was the one to the effect that he was the man who had shot at Sheedy about a week before the final assault that ended in Sheedy's death. The negro said that Mrs. Sheedy came through the gate first at that time. Mr. Sheedy followed after. McFarland said that Mrs. Sheedy looked at him and passed on. McFarland then fired in the air, but not for the purpose of killing Sheedy. He then ran south through the yard and escaped.

The first witness put on the stand on the part of the defense was C. O. Whedon. He testified that he was well acquainted with Mr. and Mrs. Sheedy, and that their home life was a happy one as far as he knew.

Lew Franklin testified to the same effect.

A. Hitchcock testified that he was on Thirteenth and O streets on the night that Sheedy was assaulted. He heard the shots. George Currier was with him. The two ran west to Twelfth street. There they saw two men running south on Twelfth. The two men seemed to disappear near the southwest corner of Twelfth and O. Near the opera house.

George Currier, the companion of Kitchcock, corroborated the statement of that gentleman in every way.

Wilber Mays of the Transit hotel, which hostelry is just west across the street from the Sheedy residence, testified that just after the shots were fired by Sheedy he saw two men come out of the alley and run south on Twelfth.

Mrs. Carrie Hatch testified that Mr. and Mrs. Sheedy seemed to think a great deal of each other. The night that Mr. Sheedy was hurt the witness went to the Sheedy residence. She saw Mrs. Sheedy kneeling by the side of Sheedy's bed and saying in the presence of a number of people:

"John, John, don't you know me?"

Witness continued: "I first called on Mrs. Sheedy nine years ago. I did not know until the recent trouble out what the two were married. At the time Mrs. Sheedy returned from Buffalo she complained that John wasn't at the train to meet her. At another time Mrs. Sheedy said whenever she came back from a trip she had to get acquainted with him over again.

After leaving the stand Mrs. Ratch took her seat near Mrs. Sheedy and remained there the rest of the day.

Charles M. Carpenter, the saloon keeper, was the next witness. He testified that he was at the Sheedy residence the night Sheedy was assaulted and Mrs. Sheedy showed evidence of grief.

Cross examination: "Dr. Hart called me over to the Sheedy residence at 4 o'clock. While I was there I did a number of errands for Mrs. Sheedy."

Philpot, Monday McFarland's attorney, objected to such questions being asked. Mr. Hall then asked:

"Did you not make a remark in your saloon that you expected something of the kind just after John Sheedy was assaulted?"

"No, sir."

"Where you and Mrs. Sheedy on good terms?"

"Yes, sir."

A number of other questions were asked concerning the intimacy existing between Mrs. Sheedy and the witness, but nothing could be brought out.

A. W. Carder, brother of ex-Captain Carder, then took his place on the witness stand. Carder testified that he was at the Sheedy residence the night that Sheedy was assaulted.

"Where you employed by John Sheedy a few weeks before his death to watch two certain men?"

Mr. Hall objected to this testimony, showing by authorities that such evidence was indefinite, speculative and unfounded, and declared that the prosecution had as much right to introduce testimony as to what suspicions Mr. Sheedy had expressed concerning his wife being connected with the murder as the defense had to introduce the testimony that they were seeking to get in through Carder. A long debate ensued and finally the court adjourned until 2 p. m. without the matter being settled.

In the afternoon Carder was again put on the stand. The court then ruled that Carder could answer the question that had been put to him. The witness testified that he had not only been employed by Sheedy to watch him, but that on the night that SHeedy had been struck the witness was there shortly afterwards and expressed the belief that the gambler, Gleason, had struck him.

On Cross-examination Mr. Hall asked:

"Didn't you tell Mrs. Sheedy in the presence of Will Barrett that she knew something about it?"

Objected to by Strode. Objection overruled.

The witness answers: "No."

"Didn't you state at one time that you looked through the window of the Sheedy residence and saw Mrs. Sheedy sitting in the Walstrom's lap?"

The witness colored up and Philpot objected to the question. MEanwhile Carder regained his composure, and when the court ruled that the question was all right, he answered:

"No, sir."

The witness was then excused.

Mrs. A. B. Hosman was called. The object of putting her on the stand was to refute the testimony of McFarland that he was the man who shot at Sheedy about a week before the fatal assault was made. She testified that on the night Sheedy was shot at she and her husband were passing by the Sheedy residence, and positively declared that the man who fired the revolver was a white man, although his back was towards her.

Mrs. Hosman's husband was put on the stand and made even more positiver assertions. He declared that he saw the man who fired fall down and roll over, and he could see that he was a white man, with moustache and beard about two or three days old. The man wore a faded brown overcoat.

Mrs. Maggie Hertz was called. She testified that she lived near the Sheedy residence. The lights were very bright on the night that Sheedy was assaulted. She and her husband passed by. She saw Mr. and Mrs. Sheedy reading in the parlor. She saw them again in the same situtation when she returned between 7 and 8 p. m., and a few minutes before the assault.

Mr. Hertz, the husband of the preceding witness testified the same as his wife.

Mrs. White, who lives just east of the Sheedy residence, was put on the stand. She testified that she had never seen any colored man hang around the Sheedy residence.

Mrs. Davis, a milliner, swore that she had often seen Mr. and Mrs. Sheedy out walking and driving and they appeared to enjoy each other's company.

At this juncture Mr. Hall asked:

"How often have you seen Mr. and MRs. Sheedy laughing and talking while out driving?"

The witness replied:

"Only a few times."

Then Mr. Strode asked the witness if she has not often seen Mr. Hall, one of the counsel for the state, out walking and driving a number of times with his wife. The answer was in the affirmative. Then Mr. Strode asked:

"How often have you seen Mr. and Mrs. Hall laughing and talking while out driving?"

The witness answered:

"Not once."

A roar of laughter followed.

Miss Josie Dowden, sister of the preceding witness, corroborated in every way her sister's testimony.

Marshal S. M. Melick was the next witness. He testified that he saw Mrs. Sheedy every from the time of the assault to the time of her arrest one week afterwards and she invariably [?] great grief whenever the death of Mr. Sheedy was referred to.

The trial ended for the day by the defense showing that the probate court had made an allowance for Mrs. Sheedy of $1,000 and that the heirs of John Sheedy had appealed the same and the appeal was now pending.

Court then adjourned.

NATIONAL BREWERS.

Election of Office and Other Business Transacted.

Cleveland, O., May 31. -At the meeting of the National Brewers' association today it was agreed that the building for the displays of brewing products and apparatus at the world's fair would not be practicable.

Resolutions were adopted authorizing the advisory committee to procure an analysis of every article advertised in brewing journals and to publicly denounce those which are found to be poisonous or in any way injurious. It was decided to send an agent to the beet countries of Europe to make arrangements for a regular interchange of publications and reports relating to questions of interest to the trade. The committee on restrictive legislation recommended that a formal protest be sent to congress against excessive duties on imported raw materials used by brewers. The report was adopted.

State Senator Charles A. Stadley and Dr. Francis A. Writ of New York were elected honorary members in recognition of work done in certain matters of legislation.

The following officers were elected: President, Ellis Wathright, St. Louis; vice presidents, Henry Clausen, New York, and Lee Earnest, Chicago; treasurer, James Liebman, Brooklyn; trustees, three years, Theodore C. Engel, Philadelphia; T. J. Leffens, Chicago; William F. Noelker, St. Louis; H. B. Scharmann, Brooklyn. For members of the vigilance committee, Henry H. Ruetor, Boston; Henry Clausen, jr., New York; N. W. Kendall, New Haven, Conn.; H. B. Scharmann, Brooklyn, N. Y.; Christ Fergenstaff, Newark, N. Y.; August Uihein, Milwaukee; Peter Lieber, Indianapolis; Christ [Moertin?], Cincinnati; L. Schlathers, Cleveland; Alfred Werthmueller, Burlington, Ia.; William H. Hall, New Haven, Conn.; Joseph Trenner, Chicago; I. I. Straub, Pittsburgh and Allegheny; Robery Portner, Alexandria, Va.; August Goebel, Detroit; William Hamm, St. Paul; Henry Vonderhorst, Baltimore; A. Reymann, Wheeling, W. Va; Phil Zang, Denver; C. Mets, Omaha; A. G. Wieland, San Francisco; Moritz [-yer?], Sioux Falls, S. D. For Members of the advisory committee, Theodore C. Engel, Philadelphia; J. Chris G. Hupfel, New York; Thomas Wallace, New York; Christian Feigenspar, Newark, N. J.; E. W. Volgt, Detroit; Gustave Pabst, Milwaukee; Henry [?], Milwaukee; William Bartholomab, Rochester; Joseph Schurer, Chicago; August Busch, St. Louis; George Moerlein, Cincinnatie; Charles Henrich, Washington.

The next convention will be held in Boston. Tonight the festivities and business of the association was concluded with a banquet.

HORRIBLE [?]

Story of Such Fiendish Brutality as to Be Almost Beyond Belief.

Louisville, Ky., May 31. -A story of brutal outrage, murder and swift vengence upon the two murderers comes from Sandy Hook, a mountain town near Ashland, in western Kentucky. Near Sandy Hook Maud Fleener died recently from being thrown by her horse and assaulted by George and John Wilcox, brothers, who had been her suitors. She had promised to Marry [A-os?] Queen, who had met her while she was teaching school near Sandy Hook, and about three weeks ago started to visit a friend near where she had taught. The wilcoxes were passing the road she was traveling, saw her, hid in the bushes, scared the horse, the horse ran away and she was thrown and had both legs broken. The Wilcoxes picked her up, revived her and drew straws as to who she should be compelled to marry, bore her to a cave in and demanded that she agree to marry John, to whose lot she fell. She refused and fainted. They tried to set her legs and kept her a prisoner in the cabin. When found by her brother and affianced she said: "The Wilcoxes did it." and died soon after.

Examination showed that she had been chained to the cabin wall. The Wilcoxes were captured and confessed, whereupon they were shot to death by the brother and lover. They explained in their confession that they chained the girl because she had attempted to escape. Miss Fleenor was the daughter of a prominent citizen of Richmond, Va., who removed to Sandy Hook some years ago and died there. She was only twenty-one years old, a church member and a sunday school teacher.

THE NEW PARTY.

Secret Meeting of the National Executive Committee.

Cincinnati, O., May [2-?]. -The nationalists met this morning and adopted a resolution heartily endorsing the national union convention platform. Bright and early today the new national executive committee got together for its first meeting. Everybody but the members of the committee was excluded. Robert Schilling of Milwaukee was elected secretary and M. C. Rankan of Terre Haute, treasurer. The members then busied themselves in filling out the vacancies that had been left in the national committee as the result of the rush that preceded the adjournment of the convention. The national committee was presided over by Chairman Tanbeneck.

It was resolved to [auth-?] the issue of a call for voluntary contribution.

It was also resolved that's nationally executive committee be [for-?] to consist of a chairman, secretary treasurer, and four members. The four elected are George F. Washburn, Massachusetts; O. F. Gather, Alabama; Ignatius Dennelly, Minnesota; J. H. Davis, Texas.

The committee adjourned subject to the call of the executive committee. This committee met immediately afterward and elected Robert Schilling's permanent secretary and M. C. Rankin permanent treasurer. A resolution adopted provided for the appointment of state, county and local committees of the people's party in each state for the systemic organization and furtherance of the [?], and that the secretaries of each committee shall as soon as the same in constituted, report the names of officers and members to Robert Schilling of Milwaukee.

The chairman and secretary were given authority to organize a state or territory not represented at the Cincinnati convention by the appointment of a committee of three members, who shall proceed to organize as in other states.

The conductors.

St. Louis, Mo., May 21. -It is a significant fact that while the order of Railway Conductors decided to federate the convention took no step looking to the accomplishment of that much talked of question. The order, it is said, seeks to become members without making application, so if they become dissatisfied they can withdraw and say the officers had no right to federate. The convention adjourned to meet in Toledo next year.

Ex-Minister Taft Dead.

San Diego, Cala., May 21. -Ex-Minister Taft died this morning.

M'FARLAND'S MOUTH SEALED.

He Will Not Be Allowed to Tell His Story to the Jury.

ALL EVIDENCE IN THE SHEEDY CASE IN.

Testimony Offered in Rebuttal - State Witnesses Contradicted by the Defense - Ready for the Attorneys' Arguments.

Lincoln, Neb., May 22. -[Special to The Bee.]- At noon today J. E. Philpot, attorney for Monday McFarland, stated that a constitution was to be held as to whether or not Monday McFarland was to go on the witness stand. It was decided, however, not to put him on the stand. It is now believed that the negro's doom is sealed, and that Mrs. Sheedy will escape. Colonel Philpot has not yet answered the prosecution as to whether or not he would put his client on the stand in case immunity was granted.

The trial has been an expensive luxury to the county, as it has entailed the expenditure of over $10,000.

When court reconvened this morning L. C. Burr, an attorney, was put on the witness stand to disprove the testimony of Pawnbroker Goldwater, who claimed to have sold the cane to Monday McFarland. In his testimony Goldwater declared that he had made no arrangements concerning a reward. Butt claimed that Goldwater had come to him at one time and wanted to know what he could do to force the payment of the reward.

Ex-Captain Carder was then called. He proved a very irascible witness. Once he positively refused to answer a question and came very near being sent to jail for contempt of court. Carder identified the cane as the one formerly owned by him. On cross-examination he declared that the cane was identical in every way with the one he owned. He was asked if he had not in the Capital hotel informed Henry Hoagland that he was not sure the cane was his. The witness grew evasive and first replied: "I don't remember even meeting Hoagland at the Capital hotel."

"Didn't you then say something of that kind to Mr. Hoagland somewhere else?"

"I've answered that question once before," said the witness testify. "If you had any brains you would know that."

"We want to know, Mr. Carder," said Mr. Hall, "whether or not you made such a remark to Mr. Hogland or not?"

The witness said nothing and the court became aroused and told the witness to answer the question put by Mr. Hall. Carder then replied:

"I don't remember saying anything of the kind to Mr. Hoagland."

Carder was asked if he had not said something of the kind to Messrs. Dorgan and Heyers of the penitentiary.

The witness again commenced evasions, but finally declared that he did not remember saying anything of the kind to those gentlemen. The witness was asked if he identified the cane from the brass tack in the head of it. This was the time that Carder refused to reply. The court finally had to bring him to time by the threat of a fine or imprisonment. Carder then replied:

"Yes, sir; I identified the cane from the brass tacks in the head."

Jailer Barnes of the police station testified that he identified the cane just after it was found as one that formerly belonged to Carder. He recognized it from two indentations, or "scallops," as he termed them. The cane was then handed to Barnes and he pointed out four indentations. He was not sure which were the two he saw originally.

Mr. Strode, counsel for Mrs. SHeedy, remarked:

"It is probable that those extra scallops were put in by the attorneys on the part of the prosecution."

"You mean that they were put there by Monday McFarland," retorted Hall.

"Shorthand reporter, take that down!" shouted Strode.

"Yes, shorthand reporter, do it," said Lambertson, "and also put down what Mr. Strode said concerning the attorneys for the prosecution mutilating the cane."

Miss Fannie Warner testified that she had given Mr. and Mrs. Sheedy four dancing lessons about a year and a half ago. At that time Mr. and Mrs. Sheedy appeared very attentive and devoted to each other. Witness was at the Sheedy residence after Mr. Sheedy was hurt. Saw Mrs. Sheedy kneeling at the bedside of her husband. Her face was buried on the pillow. She exhibited signs of sorrow. Her sobs shook the bed.

Mrs. Kittie Melick, wife of the ex-marshal, was put on the stand. As she had been in constant attendance at the trial for five days, contrary to the rule of the court concerning witnesses being excluded, Mr. Hall objected to the witness testifying. Mr. Strode, attorney for Mrs. Sheedy said that he did not know until yesterday afternoon that Mrs. Melick would be a good witness for them. The judge then overruled Mr. Hall's objection and the witness went on the stand. Mrs. Melick merely testified, however, that She had been at the Sheedy residence nearly every day between the time that Sheedy was assaulted and the time that Mrs. Sheedy was arrested on the charge of murder and Mrs. Sheedy evinced evidences of grief whenever Mr. Sheedy's name was mentioned.

Court then adjourned until 2 p. m.

E. H. Andrus was the first witness called in the afternoon. He testified that he had seen Mr. and Mrs. Sheedy often at Cushman park and the conduct of Mrs. Sheedy was exemplary.

Mr. W. J. Marshal testified virtually to the same effect.

Captain W. W. Carder was recalled and was asked if he remembered telling officers Miller and Sipe that the cane found at the Sheedy residence was his, but afterwards told them that it was not. Carder denied making such statements.

T. B. Baker, a brother-in-law of Mrs. Sheedy, was called. He testified that he was at the Sheedy residence from the Tuesday to the Friday of the week that Sheedy died and was buried. He testified that he was at the Sheedy residence on Wednesday, the day that Mr. Oppenheimer came there with the power of attorney, but positively denied that Walstrom was there, the testimony of Oppenheimer to the contrary notwithstanding. He further declared that Oppenheimer was mistaken about the piano being open and that Mrs. Sheedy touched it gaily as she passed it. Witness was positive that the piano was shut. On being asked where the piano stood he first declared that it stood on the west side of the room, but later said that it stood on the south side of the room. Witness was in the parlor five minutes Saturday when Walstrom was there.

Mrs. Dean, a sister of Mrs. Sheedy was called. She declared that the piano was closed the entire week following the death of John Sheedy. The testimony of this witness was for the purpose of impeaching Attorney Oppenheimer's statement. She declared that the only time Harry Walstrom was at the house was on the Saturday following the burial when Oppenheimer stated that Walstrom was there. Witness though that Dennis Sheedy sent for Walstrom. Was not sure whether or not it was Mrs. Sheedy who sent for Walstrom.

Hyman Goldwater, the pawnbroker, was then called. Colonel Philpot, attorney for Monday McFarland, arose and declared that he proposed to impeach this witness, who had been put on the stand on behalf of the state.

Mr. Hall objected to the witness being put on the stand, declaring that the state had rested once and that the state witnesses could not be called back. Objection overruled. Strode asked:

"Didn't you say to Mr. L. C. Burr that you fixed the head of the cane, or you told your boy to fix the head of the cane?"

"No, sir; not such a word. I didn't say it," was the reply.

"Did you not on the same day at the office of L. C. Burr ask him if you couldn't sue for the money, and didn't you tell Burr that he needn't sue for the money for they had fixed it all or paid you; and didn't Burr then say to you, 'Mr. Goldwater you didn't have that cane in your store at all and didn't you say that makes no difference, I am entitled to my money, all of it!'"

"This is a great [?]; all of it," replied Goldwater.

L. C. Burr, the attorney, was put on the stand and asked if when Mr. Goldwater came to him he had not asked him whether or not he had fixed the head of the cane or his boy had fixed the cane. The witness answered:

"He told me that in [?]."

The question was then asked: "On the same day did Mr. Goldwater tell you that you needn't sue for the reward because it had all been fixed, and farther, didn't you say to him 'you didn't have that cane in you store.' or words to that effect; and didn't he say, 'that makes no difference, I'm after my reward,' or words to that effect?"

"Yes, sir, he told me that in substance," was the reply.

The other statement of Mr. Goldwater were also discredited by Mr. Burr.

Colonel Philpot then went on the witness stand. He put his own questions and then answered them. He testified that on the night following the arrest of McFarland Malone said concering the negro:

"He is in a desperate condition and may commite suicide before morning."

Marshal Melick was put on the stand and asked what reward was offered for the arrest and conviction of the murderers. Witness testified that a reward of $1,000 had been offered by Dennis Sheedy and Mrs. Sheedy for the arrest of the murderers. Later Mrs. Sheedy withdrew her offer. Witness continued: "Mr. Dennis Sheedy then offered $1,000 reward. I told Hom Malone of this. The reward was offered to me privately. I offered Hames Malone one-half of this in case of conviction. The second offer of reward was made after Mrs. Sheedy's arrest."

Mr. Strode, attorney for Mrs. Sheedy, then went on the witness stand and declared that on the night following McFarland's arrest Malone said to witness: "We kept him in the sweet box all night and we got the confession out of him this morning."

P. J. Stepney, a cousin of McFarland, was put on the witness stand. A cane mutilated to imitate the appearance of the cane found on the porch of the Sheedy residence was handed to the witness and he was asked meanwhile if that was not the same cane which he loaned to Monday McFarland last summer. Before he looked at the cane the witness answered:

"Yes sir."

The witness was aksed by Mr. Hall if the overcoat he had on was not the one he loaned to Monday McFarland the night of the murder of John Sheedy. Objected to and objextion sustained.

Coroner Holyoke was put on the witness stand and produced the cheek bone of John Sheedy. He testified that at the time of the autopsy the cheek bone was broken only at its point of articulation with the forehead.

The bone had to be pried out. He testified further that he took charge of the stomach and later sent it to Prf. Waughn of Chicago. Dennis Sheedy said that the county offered only $30. The stomach was put in a sealed jar in the back part of Brown's drug store. Almost anybody could have gotten at the jar.

Mr. Strode then announced that all the testimony on the part of the defense was in. The prosecution then declared that there was some evidence to be given rebuttal. The first witness was William bradeen.

Mr. Bradeen testified that on the evening Sheedy was assaulted William Gleason, the gambler whom the defense has endeavored to implicate in the murder, was in the club rooms over the Ivy Leaf Saloon from 7 until 8:30 o'clock.

Charles E. Alexander, police reporter on the State Journal testified that Captain Carder stated to him that he was unable to identify the cane. ( This was directly opposite the testimony of Carder).

Strode then asked: "Haven't you taken a deep interest in this trial?"

"I have taken a deep interest in this case only as a newspaper reporter," was Alexander's reply.

In reply to another question Alexander testified:

"Carder asked me not to say anything in the paper about his not being able to identify the cane."

Deputy Sheriff Hoagland was recalled, and testified positively that Captain Carder told him at the Capital hotel in the presence of Judge J. D. Wright that he was not sure that the cane was his.

Anson Fullington testified that he was in the club rooms over the Ivy Leaf saloon the night that Sheedy was assaulted. Mr. Gleason was there from 6 to 8 o'clock.

Sergeant Fred Miller testified that on the day following the time that the cane was found on the porch of the Sheedy residence Captain Carder informed witness that he couldn't identify the cane as his own.

Mr. Lambertson, attorney for the state, then offered an almanac in evidence to show that there was no moon on the night that Monday McFarland shot at John Sheedy, but in the face of which Mr. and Mrs. Hosman, who were thirty-five feet away, claimed that it was a white man who did the shooting.

Stearns objected to the almanac being presented. He said:

"There is not evidence that this almanac is a scientific work."

This remark caused a laugh and even the court had to smile. His honor paid no attention to the objection and the almanac went in.

Court adjourned.

More Irrigation Soh-mes.

Loup City, Neb., May [?]. -[Special Telegram to The Bee.]- The people of Loup City and Sherman county are feeling jubilant over the prospects of securing the construction of a canal thirteen miles lone, with a carrying capacity of 130 cubic feet per second, which will irrigate 15,000 acres of land. The canal terminated near the school house at Loup City and a dam is to be constructed across Dead Horse creek some nine hundred feet in length and it will be of such dimensions as to form a lake extending up Dead Horse creek about a mile. The estimate for building the dam alone is about $14,000. The appraisers have been at work this week adjusting the damages where it has been necessary to condemn the land for right of way. The damages are only $350 and will have to be raised to pay the amount of damages allowed by the appraisers is but little doubt but that dirt will be flying soon.

Superior High School Graduates.

Superior, Neb., May [?] -[Special to The Bee.]- Notwithstanding the inclemency of the weather the opera [?] was crowded to suffocation last evening [?] witness the fourth annual commencement of the Superior high school. In honor of the [?] the ladies of the city handsomely decorated the stage with flowers and feras [?]. these with choice oil painted [?] elegant curtains and mirrors, made the stage a palace of beauty. The graduation was comprised ten persons and all acquitted themselves excellent. The class was [-entifully?] remembered with flowers. The diplomas were presented by Rev. C. M. Shephard. The Superior high school has [-ned?] a high standard under the able direction of Prof. I. E. Wilson and the people of Superior are more than proud of the excellency attained by the graduating class of 1891.

General Van Wyek's Opinion.

Nebraska City, Neb., May 23. -[Special Telegram to The Bee]- General C. W. Van Wyek returned today from the Cincinnati convention suffering from hoarseness and a bad cold. He said it was a great meeting and the attendance was unusually large, there being some ulnery persons in attendance from Nebraska slope. Everything was harmonious and the [?] adopted seemed to meet with the heart approved of all. "I consider it the coming party." said the general. " I cannot tell who is the most favorable candidate for president; the time too far away. [?] might be the choice now and perhaps not [?] it two years from now. The prohibition [?] tried to get a plank in the platform, but they did not succeed. It is hard to tell now what party they will turn to next."

READY FOR THE ARGUMENTS.

End of Hearing Evidence in the Great Sheedy Murder Trial.

SPECULATING ON THE JURY'S VERDICT.

General Belief That the Woman Will Be Acquitted - McFarland's Confessions Repudiated - Testimony in Rebuttal.

LINCOLN, Neb, May 23. - [Special to THE BER.] - All the testimony in the great Sheedy murder trial is now in and on Monday the case will be argued by the opposing attorneys. Monday McFarland was not put on the witness stand. For the first time the wife of the negro came to the court room and took a seat near her husband. There was also a perfect cloud of sable faced friends of McFarland clustered about him. Throughout the entire morning McFarland's little year old baby sat in her father's lap and for an hour or two the little bright eyes looked with wonder about her, but finally she dropped to sleep in his arms. The presence of his child had a softening effect on McFarland and for the first time he wept:

Mrs. Sheedy showed her usual composure but there was a gleam of satisfaction in her eyes and she looked happier than she has at any time during the long trial.

Now that all the testimony is in there is considerable speculation as to what the verdict of the jury will be. It is generally believed that it will result in the conviction of the negro and the acquittal of Mrs. Sheedy. Some believe that both will be acquitted, but none that the woman will be convicted.

The evidence of the protection has been almost entirely corroborative of the three confessions of Monday McFarland, which he now repudiates. The efforts of the defense consisted mainly in attempting to fasten the blame on Frank Williams and Frank Gleason, two gamblers supposed to be at outs with John Sheedy. The two main witnesses used to confirm this line of argument were two boys named A. Hitchcock and George Currie who claimed that they saw two white men running away from the Sheedy residence immediately after the assault on John Sheedy. Strenuous efforts were made by the defense to impeach the testimony of Hyman Goldwater, the pawnbroker, who testified that he sold the cane to Monday McFarland which was found on the porch immediately after the assault. Testimony was also brought to contradict the evidence of the state which showed that Mr. and Mrs. Sheedy did not live together very happily. Some stress was also laid on an alleged threatening letter received by Sheedy two or three days before his death. Such evidence of the defense as had not been anticipated by the prosecution in their testimony in chief, caused a general rustle among the latter attorneys and yesterday and today they have been endeavoring to rebut this evidence.

Mr. Strode, attorney for Mrs. Sheedy, asked that he be allowed to put Mr. D. G. Courtnay again on the stand, although the defense had once rested. The request was granted. Courtnay testified that John Sheedy was in the office of witness two or three days before the final assault. Sheedy gave witness a letter he had received. It was an anonymous letter. The letter in substance was:

"Unless you let up on the protection of the gamblers and don't stop trying to run the town it will be only a question of time that you will be killed."

Witness did not know what had become of this letter after he handed it back to Sheedy.

Officer Kinney was put on the witness stand to rebut the testimony of the two boys, A. Hitchcook and George Curry, who testified that just after the shooting on the night of January 11 they saw two men running south on Twelfth street. Kinney testified that he and Officer Otto were standing on the corner of Twelfth and O, near the Burr block, the time they heard the shots. Both officers ran north to the alley and east through the alley to thirteenth street. Witness did not see any men come out of the alley and run south.

D.C. Topping, a blacksmith, testified that he was standing near the opera house on Twelfth and O on the night of the assault. He went north of Twelfth but saw no men running south on Twelfth from the alley.

Captain Otto was called. He testified that he was standing talking to Officer Kinney near the Burr block. The two ran north towards the Sheedy residence. Just after passing by the alley they were met by Krause who told them that somebody had shot at Sheedy and ran south to the alley. Witness went into the alley a short distance and seeing nobody there came back and went north to the Sheedy residence. Mrs. Skinner testified that she has rooms looking out on the alley just south of the Sheedy residence. She was put on the stand to prove that she saw Monday McFarland running east through the alley just a few moments after the shots were fired. She recognized the man as Monday McFarland. When the defense learned what was up they fought fiercely against the witness testifying. Stearns claimed that her evidence could not go in as rebuttal, and if it was testimony in chief the name of the witness should have been endorsed on the original information.

Mr. Hall said that such a course was impossible as he had learned yesterday for the first time that this witness was possessed of such information. Mr. Hall then commenced to tell what be expected the witness would testify to. This caused Stearns to jump up and pour out a flood of invective of Hall's head for giving the testimony away in the presence of the jury. He denounced such an action as underhanded. The judge finally sustained the objection of Stearns and the witness was excused from the stand without testifying. Woodward demanded that the judge inform the jury that they were not to consider the disclosure made by Hall. His honor said this, of course, was understood by the jury.

Ex-Mayor Graham was put on the witness stand to prove that nothing had been said by him to Goldwater about giving Goldwater a reward for identifying the case. Witness declared that no such conversation or meeting ever occurred.

Marshal Mellck testified to the same effect. Witness further declared that neither he nor Malone, as far as he knew, had ever promised any reward to Goldwater to identify the cane.

After this the wheets of justice stopped grinding for over half an hour, awaiting the arrival of Bob Malone, the driver of the patrol wagon. He testified that the patrol wagon was not at the Sheedy residence the night of the assault. This was in impeachment of Currie and Hitchcook, the fellows who claimed they saw two men run south on Twelfth street.

Captain W. W. Carder, who had change of the police force the night of the assault, corroborated Malone's statement.

The state had one more witness Mr. Scroggin, but as he could not be found the state rested its case.

The object of putting Mr. Scroggin on the witness stand was to prove that D.G. Courtnay was mistaken in some of his statements concerning the alleged threatening letter received by John Sheedy two or three days before his death.

When the state rested Judge Field then declared that the case was ended and no more testimony would be admitted from either side. "On Monday," said he, "I will listen to the arguments on both sides of the case."

REVIEWING THE EVIDENCE.

Lawyers in the Sheedy Murder Trial Earning Their Fees.

OPENING ARGUMENTS FOR THE STATE.

County Attorney Snell's Address to the Jury - The Defense Declares It Is a Question of Blood Money.

Lincoln, Neb., May 25. -[Special to The Bee.]- As immense crowd gathered in the court room this morning to hear the arguments in the Sheedy Murder Trial. Not only was every seat outside of the railing filled but also every bit of standing room occupied. All the space inside the railing was also occupied clear up to the judges desk.

The opening speech was made by County Attorney Snell and it occupied over two hours of a quarter. It is declared by his friends to be the best effort of his life. The following is a pretty full abstract of what he said:

"When darkness closed around this quiet city on the 11th of last January, there had been planned a most daring and cold-blooded murder. The intended victim was John Sheedy, an old citizen, whose home was on the corner of Twelfth and P Streets. Mr. Sheedy had spent the greater part of the day at his home. At about 7:30 o'clock he put on his overcoat, opened the front door, and then he was struck over the head with a heavy cane. He drew his revolver, fired five timed, but to no effect, being too dazed and stunned to take definite aim. The story of his suffering and his death has been narrated to you by a number of witnesses. John Sheedy was murdered, and I would ask you to just pause for a moment and think of the time and place. On sunday night, the night of all nights in the week when strife and ill feeling should be laid aside, and the place -his own home- where peace and good will should if anywhere, reign supreme. But none of these protected John Sheedy. On that holy Sabbath, as it was drawing to a close and as he opened his own door in fancid security, an assassin struck him. The one who delivered that blow had murder in his heart. He had deliberated upon it. He laid in wait and was malicious and vindictive. I cannot conceive of a more brutal death than Sheedy met, not can I conceive of anything more cowardly than striking a man as he comes from his own home. The following week many rumors were afloat as to the party who struck the blow and the motive that prompted it. Circumstances pointed toward McFarland, and he was arrested on Saturday night, the 17th, and Mrs. Sheedy on the following Sunday. Who are these defendants? McFarland is a colored man and a barber. The defendant, Mary Sheedy, was the wife of the deceased. Mr. Sheedy had employed McFarland to dress his wife's hair, and in this way the two prisoners at the bar became acquainted. They were alone for an hour or more each time Mrs. Sheedy's hair was dressed and she had an opportunity to study McFarland, sound him and determine in her own mind whether he would be faithful to her and her interests and courageous in the execution of her plans. We believe that the evidence has been of such as overwhelming character as to have convinced you minds early in the case that McFarland was the person who struck John Sheedy. That evidence apart from his confession, although in many respects circumstantial in its nature, can hardly be explained upon any reasonable hypothesis other than McFarland's guilt."

Mr. Snell then, by the testimony of P. J. Stepney, McFarland's cousin, that the day that he and Monday exchanged overcoats was the same day the latter bought the cane with which Sheedy was afterwards struck; the testimony of William Chinn, who was with McFarland from 11 p. m. to 2 a. m. the night of the assault, and who, noticing that McFarland was lame, and the negro speaking of having lost his cane. Mr. Snell then [con-?].

"Apart from his confession, every circumstance that has been testified to by the witnesses for the state on this branch of the case pointed to McFarland as a guilty party. Not one of those facts or circumstances have the defense sought to explain or deny. If ever a fact was established in a criminal prosecution it has been put beyond the pale of any doubt that McFarland was the man who lay in wait and murderously assaulted John Sheedy. Where was he at 7:30 on that Sunday night if not at Sheedy's? Not one syllable of testimony has been put in by him as to his whereabouts on that day.

"Why did McFarland strike Sheedy? Did Sheedy ever wrong him? Peter Crampton, a fellow barber, says that Sheedy always had Monday shave him and he paid him well, giving to him an extra 10 cents or 25 cents nearly every shave. Sheedy was McFarland's friend and the negro never would have struck him had it not been for a certain woman. That female was referred to by my friend Stearns in his opening statement as the sad, pale-faced, pensive lady, Mrs. Sheedy. After seeing her constantly for three weeks in this courtroom and noticing her demeanor, I would rather think he would speak of her as the cool-headed, steadynerved, desperate woman, who gave form and direction to McFarland's every movement. The defense would have you believe that Mrs. Sheedy was not one of the conspirators because one C. O. Whedon, a lawyer, never saw Mr. Sheedy pounding his wife or Mrs. Sheedy scolding her husband like a fishwife. Did any one ever suppose that Whedon would be at Sheedy's house during a family quarrel, or that any woman would ever tell such a cold-blooded, abrupt man as Wheden any of the troubles of her married life, except she came to him as an attorney to get him thawed out sufficient to become the confidante of any man to say nothing of a woman. Lew Franklin and Mrs. Hatch had each called only once at the Sheedy residence since Mrs. Sheedy's return from Buffalo, and of course they saw nothing out of the way.

"The witnesses the defense did not call to testify in that respect were conspicuous by their absence. One would have supposed that they would have called in the near friends of Mrs. Sheedy who visited her and whom she visited, but they did not. Even when Mrs. Sheedy's own sister was put on the stand, and although she has lived in the family a number of months, her mouth was sealed in that respect. Not one question was asked of her in that regard."

The testimony of Mrs. Hood was then referred to and the facts as brought out by that unwilling witness concerning the troubles between Mr. and Mrs. Sheedy were dwelt on at length. The coming of Walstrom to Lincoln was then taken up and the stream of Lincoln was then taken up and the matter of notes passing between the two contemplated. Mr. Snell insisted that if these notes had been of an innocent character that those received by Mrs. Sheedy would have been produced in evidence. The fact that Mrs. Sheedy was in the habit of continually sending liquors and elegant lunches to Walstrom's room, that she presented him with fine night shirts, hose and neckties and that Mrs. Carpenter had called Mrs. Sheedy ever to her house one evening when walstrom was there, was sufficient, Mr. Snell said, to show that their relations were not innocent.

"When Sheedy was struck," said Snell, "about the first thing Mrs. Sheedy did was to send for the priest and the next to notify Walstrom. When her husband was dying Klausner was sent to tell what the doctors had given up all hopes. When Sheedy's body was to be laid away in the cold and quiet grave Klauser was once more dispatched to tell Walstrom that MRs. Sheedy would not think anything more of him union he was present at the funeral. her realtionship with Walstrom can be explained upon an other hypothesis that that she was maintaining criminal relations with him priot to her husband's murder. It was because of him that the trouble had arisen between her and her husband. No woman could have had a stronger motive than mrs. Sheedy to put Mr. Sheedy out of the way. When love of her husband has departed from the female heart and been transferred to another she becomes desperate. In order to accomplish her purpose Mrs. Sheedy concluded that it could best be done through McFarland."

The confession of Monday McFarland was then detailed, and Mr. Snell said that the defense would doubtless effect astonishment that the story of criminal intimacy between the negro and Mrs. Sheedy would never be believed by any body. Mr. Snell then faced the prisoners and said:

"She wanted to be free. Her illicit lover Walstrom was in the city. She wanted Sheedy's property. How could she prevail upon McFarland to help her? Would she hesitate to prostitute her body when her soul was already eternally condemned? Would a woman who had murder in her heart halt or hesitate to committ adultery even with a black man? Now I will touch briefly on the testimony for the defense. These are divided into two classes: First, witnesses to prove the relations which existed between Mr. and Mrs. Sheedy; and, second, an abortive attempt to cast suspicion on Frank Williams and William Gleason, two gamblers. The latter half are divided into four classes: First, those put on the stand to prove that it was Carder's cane; second, those who were put on to disprove Goldwater's testimony; third, Mr. and Mrs. Hosman, who were put on the stand to swear that it was a white man who shot at Sheedy the week before the last assault; fourth, the testimony of the boys, Currie and Hitchcock, who were put on the stand to swear that they saw two men running south from the Sheedy residence. I will touch only on the latter four divisions."

The attorney then reviewed Carder's testimony at length concerning his identification of the cane and scouted the idea of such identification, since Carder couldn't tell his own handwriting when put on the witness stand. The bitter spirit that Carder has shown toward the prosecution was alluded to. The testimony of Butt concerning the reward that Goldwater was to receive was also discredited. Hosman's testimony that it was a white man who struck instead of a black man was shown to be conformatory with the darkey's story, as the descruption given by Hossman tallied in every way with that of Monday, except Hosman said that the fellow was a very dark complexioned white man. Mr. Snell the scouted the idea of Hosman being able to see a three days' growth of beard on a man's face on a dark night. The medical testimony was then reviewed.

"It is time," said the speaker, "That compression of the brain and morphine poisoning exhibit the same symptoms. But an examination of the brain would tell the tale. There were four physicians who were present at the time of the autopsy and the declare that morphine was the cause of John Sheedy's death. If death resulted from the blow or compression of brain they would have found blood clots there. They examined the brain and found none. We must remember, whether or not any poison was administered, that nevertheless both prisoners are guilty. Each is guilty either as principal in the one case or as an accessory in the other. These two defendants go hand in hand. If Mrs. Sheedy did not administer the poison, and if the blow killed John Sheedy, she is guilty as an accessory. She is the real instigator of the crime. It would have been impossible for Monday McFarland to have stood at the door waiting to kill John Sheedy that night unless he had a confederate in the house to give him a signal when to take his place. Any man would have been a fool to stand within a dozen feet of the street in a thickly settled neighborhood waiting to murder a man. He must have hid behind the lattice work awaiting the preconcerted signal. His nerve had been raised to the proper point by whisky given to him by this woman who has been brought before you charged with either murdering or abetting the murder of her husband.

"In conclusion let me say the interests involved are of great magnitude. The state is not asking for the shedding of innocent blood, but when you go to your jury rooms remember a monstrous crime has been committed; that John Sheedy was murdered; that he was murdered in cold blood without one single mitigating circumstance; that he was struck down in his own door. If this crime goes unpunished, who can say that it will not be repeated? Gentlemen, of the jury, give the case your best deliberation, and render a verdict that will satisfy your own conscience, and I feel it will satisfy a deeply interested and a wronged public, for every crime of this character strikes at the public security."

Judge Weir, attorney for Mrs. Sheedy, followed Mr. Snell, beginning in that easy, careful, smooth way which is betokened by his general bearing. After making a few preliminary remarks the speaker said: "We have under consideration the lives of two human beings and these lives must be disposed of by the consideration of the jury. It is one of the greatest responsibilities ever conferred upon this body of men and it gave me pleasure to read in your faces during the trial that you fully realized the responsibility." He then drifted into his reason for coming here and spoke of the true work of the officers of the law, complimenting the prosecution for the work done, pausing alone enough to define the line between persecution and prosecution. The first thing to which he called the attention of the jury was the law and the facts. "The jury," he said, "is the exclusive judge of the facts, the exclusive judge of the law, and when it comes to final considerations it should be guided by the definitions given them by the judge of the law? Thus the judge instructs that the defendants are presumed to be entirely innocent until proven guilty and the attention of the jury should not be diverted from this.

"It is often," he continued, "That our real as lawyers, our zeal to gain victory, causes us to overstep the bounds and cause misleading statements. Let this be watched, gentlemen of the jury, and when such things are done banish it from your minds. When you enter into the jury room let it be appermost in your minds that it was and is the duty of the prosecution to sweep away from your minds by evidence, all lurking suspicions, every vestige of the presumption of the innocence of these two defendants. The law requires you to use that reasonable doubt in the interest of the accused. Some of this testimony looks one way and some of it the other, but when you cannot under such circumstances decide, then the law requires the reasonable doubt to be exercised in the interest of the accused. It is divine law that ninety and nine guilty ones should escape rather than one innocent be punished."

At 2 o'clock Judge Weir, picking up the thread of discourse where two hours before he dropped it, said in substance that to all crimes there is a motive and the prosecution in this case ingeniously sets forth as the motive for this that John Sheedy and his wife lived in great discord and she wanted to get a divorce. That while in Buffalo she met and fell in love with one A. H. Walstrom, and this led her to stain her hands in the blood of her kind. This is the motive the prosecution offers. "And," continued he "with all the abic counsel, with all the efforts of experienced detective, the prosecution has failed utterly to bring out any substantial evidence, only the most remote circumstantial evidence. It is important that we should know the difference between direct and circumstantial evidence. It is a great principle in law that if the great chain of circumstances is lacking, the entire is of no effect. It must be one and continuous, every link in its proper place. John Sheedy was, in common language, a gambler, a peer to any in his profession in this city. His success appalled them and cause a jealousy to rankle in their bosoms. He was struck at his own door, and is it not quite as probable that some one other than his own loving wife was the cause of the final blow? Was it not Mr. Courtnay who testified that only a few days prior to the assault Sheedy received a letter which threatened his life unless he stopped 'trying to run the town?' Suspicion shortly after the crime fell upon Monday McFarland and his arrest followed. Then it was that an opportunity was offered the combination of detectives and officers to make money.

"Yes will remember McFarland was ar

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