Gilded Age Newspaper Articles

THE HISTORY OF A WELL

WHERE THE SALT WATER COMES FROM.

WHERE THE SALT WATER COMES FROM.

A Sketch of the Artesian Well on Government Square Written by Professor Elton Fulmer.

The Source of the Pressure the Nature of Material Pierced in Boring, and a complete Analysis of the Water What Its Properties Are.

Salt Wells in Nebraska

While the question of the possibility and utility of artesian wells in the northwest is occupying the attention of those interested in the material prosperity of our state, a few words concerning the artesian wells off Lincoln might prove interesting to the general reader.

Artesian wells can only be bored with satisfactory results where prous strata are intercalated between impervious ones. It naturally follows that if there are several intercalations there will be several sources supply for the same well. All will be shown later, these conditions exist in the Lincoln wells, and hence the water which rises to the surface does not all come from the same depth.

The force which brings the water to the surface is almost universally due to the surface is almost universally due to natural hydrostatic pressure; hence the topography must affor a head higher than the surface where the boring is made. We are told however, that the salt spring at Kissingen in Bavaria is 1,878 feet deeo and throws a column of water 58 feet high; but that the projecting force is due, not to hydrostatic pressure, but to carbonic acid gas which is generated at a depth of 1,780 feet.

For the Lincoln well, the head of the water, and the source of hydrostatic pressure is probably from the West. This may seem incompatible with the westward dup of the eastern rocks of Nebraska; but it must be remembered that the western portion of the state is 3,000 feet higher than the eastern, and that the western rocks have a dip to the east. This arrangement of the rocks results in a depression somewhere near the center of the state, having its western slope higher than the eastern. Hence, according to the laws of fluid pressure and equilibrium, the hydrostatic pressure is sufficient to cause artesian wells even on high ridges in this part of the state.

The following historical facts concerning the well on government square are based on data obtained from old residents of the city, and from the occasional notices of the progress and result of the work to be found in the files of The State Journal.

January 5, 1871, an open letter was printed in The Daily State Journal, in which was urged the necessity of providing some protection against fire, and suggesting that for this purpose an artesian well be bored on market (now government) square. This suggestion received some favor, but no action regarding it was taken for nearly a year.

November 4, 1871, the city council decided to sink an artesian well at the place mentioned, and appropriated $20,000 for that purpose. Bids were advertised for, and January 29, 1872, the contract was let to Mr. John Eaton.

April 22, Mr. Eaton began work. After sinking less than 100 feet it was found that heavier and more efficient machinery was necessary, and work was suspended until this could be procured. Operations were resumed May 24. At a depth of ninety-five feet, the cap rock - a hard, blue limestone was struck. This stratum was three feet thick. When the drill penetrated it, a stream of clear, fresh water was found running through a few feet of gravel. A stratum of brown sandstone was next struck, an, according to The Journal, upon it was found a deposit of gold dust. No explanations were made concerning how it came to be there. June 22, the drill had penetrated to a depth of 160 feet, and was then passing through a stratum of sand rock eleven feet thick, which was strongly impregnated with salt water. Directly beneath this was found twelve feet of sand, also charged with salt water. The drill then passes through twenty nine feet of clay, after which another stratum of salt bearing sand was encountered. When this was struck, salt water of considerable strength rose within twenty feet of the surface. At about 560 feet the drill penetrated a crevice in a crystalized lime stone, and thus made an opening for the main artesian current which passes upward and flowed over the surface.

The boring was continued to a depth of 1,050 feet, but as the water continued to be salt, the council ordered the boring stopped about October 15, 1872.

The water as it issues from the well is very clear, slightly alkaline, and has a temperature of 61° F.

It contains 2,003.8 frains (nearly 5 ounces) of solids per gallon. (The Atlantic Ocean contains 2,139.9 grams per gallon.)

Its specific gravity (pure water-1) at 68° F., is 1.03116. (The specific gravity of the Atlantic ocean is 1.0287.)

An analysis of the solid matter yielded the following results:

Percent Grains per gallon. Calcium carbonate (limestone) . . . 1.7226 34.52 Magnesium carbonate . . . . . . . . . . . . . . . . . . .2445 5.29 Magnesium sulphate (Epsom salts) 2.5856 51.81 Iron sulphate . . . . . . . . . . . . . . . . . . . . . . . . . . .0343 .69 Aluminum sulphate . . . . . . . . . . . . .1805 3.68 Sodium chloride (common salt) . . . 82.0370 1643.86 Potassium chloride . . . . . . . . . . . . . . . . . . . tace Sodium bi-sulphate . . . . . . . . . . . . . . . . . . 7.7430 155.15 Sodium sulphate (Glauber's salt) . . 4.6870 96.92 Silica . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1299 2.60

About two and one-half miles west of the post-office, in the salt basin, is another artesian well, not so widely known as the well just discussed, but which furnishes water very similar chemically, and is undoubtedly only another outlet for the same subterranean current.

The legislature of 1885 passed an act entitled "An act to provide for the sale and leasing of the saline lands, and the development of the saline interests of Nebraska."

In accordance with the provisions of this act, the board of public lands and buildings entered into a contract for sinking a test well - the well above mentioned. In the remainder of this article it will be called the salt well.

The object of the salt well was the discovery of either strong brine or solid salt. The first contract called for a depth of 2,000 feet; but no satisfaction having been obtained at 2,008 feet, the contractor was instructed to proceed with the work. On the last day of August 1887, the boring was discontinued at a depth of 2,463 feet. No bring of sufficient, workable strength was obtained.

The temperature of the water as it issues form this well is 59.9° F. It contains 1,920,2 grains of solids per gallon.

An analysis of the solid matter showed the following composition:

Percent. Grains per gallons. Calcium carbonate (limestone) . . . .9989 19.18 Magnesium carbonate. . . . . . . . . . . . . .1116 2.14 Magnesium sulphate (Epsom Salt) . 2.3229 44.60 Iron sulphate . . . . . . . . . . . . . . . . . . . . . . . . .1738 3.35 Aluminium sulphate . . . . . . . . . . . . . . . 1.8479 35.10 Sodium chloride (common salt) . . . . 82.7520 1580.00 Potassium chloride . . . . . . . . . . . . . . . trace Sodium bi-sulphate . . . . . . . . . . . . . 5.8070 111.52 Sodium sulphate (Glauber's salt) . . 5.0970 96.72 Silica . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .0604 1.16

Note the following comparison table.

Percent. Grains per gallons. Calcium carbonate . . . 1.7226 .9959 Magnesium carbonate. . . . . . . . . . . . . .2445 .1116 Magnesium sulphate . . . 2.5856 2.3228 Iron sulphate . . . . . . . . . . . . . . . . . . . . . . . . .0343 .4739 Aluminium sulphate . . . . . . . . . . . . . . . .1806 1.8279 Sodium chloride . . . . 82.0370 82.7520 Potassium chloride . . . . . . . . . . . . . . . trace trace Sodium bi-sulphate . . . . . . . . . . . . . 7.7430 5.8070 Sodium sulphate . . . . . . 4.6870 5.0370 Silica . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1299 .0504

Our near neighbors Missouri, Iowa, and Dakota have many artesian wells, but their waters are not highly mineralized when compared to that flowing from Lincoln's wells.

Medicinal properties have always been claimed for the water from the post-office well. Whether or not this water possesses any inherent curative properties, is a question belonging to the physician and physiologist. Undoubtedly its action is somewhat aperient due to the Magnesium sulphate (Epsom salts) which it contains.

The main artesian current in the well on government square was reached at a depth of 560 feet; and in the salt well at 900.6 feet. Notwithstanding this difference in depth, and the fact that government square is considerably higher than the salt basin, we are justified in asserting that the water which makes the artesian current in both wells is the same. We have no reason to believe that the strata lying directly beneath us have suffered any faults or fractures. And if they have not, the impervious strata including the pervious layer which furnishes the water, would be found at the same depth, corrections being made for difference in level, and the dip of the strata. One would naturally expect that the Water would be found at a greater depth at the salt basin on account of the westward dup of the rocks. And further, both flows were found in limestone, in a him stratum of intercalated red sandstone. Also the strongest brine in each case was reached before the artesian current was struck; in the post-office well at a depth of 158-244 feet, in similar layers. This shows approximately the same difference in depth as in the case of the artesian current.

The water as it issues from the wells comprises a mixture of the various currents struck above the artesian current, and the artesian current itself. Comparison of the chemical composition has already been made. While there are slight differences, these are no greater than would naturally arise in the course of analysis, and from adventitious causes operating before the water was collected for analysis. Taking all of the above facts into consideration, we can hardly escape the conclusion that the two wells in question furnish two outlets for the same current of underground water. Elton Fulmer.

Is a Widow a Maid?

A fortune of $100,000 depends on the reading of a statute.

The law holds that if "an unmarried woman" makes a will and then takes a husband, her marriage renders the will null and void. Now, do widows come under the head of unmarried women?

This point has been raised before surrogate Ransom, and it is a question of vital importance to Jackson Kaufman, who is exceedingly anxious to handle a half of the $200,000 estate of his deceased wife.

Mrs. Virginia S. Dillon was a beauty and a social leader. She was tall, willowy, blonde and stately. Her income was the result of the $200,000 her husband, John Dillon, had amasses, and her only incumbrance a charming dark haired little daughter. Mrs. Dillon had been a member of Savannah's best society all through the six years of her married life, and the fact that she was an "old man's darling" increased rather than detracted from her prestige. Her husband was her senior by many years, but theirs had been a love match and she was given her own way in everything. She entertained lavishly at her home, and was a frequent visitor to many northern and southern watering places.

John Dillon died in 1889, and for a few months the widow seemed inconsolable and with thought only for the dead and her baby daughter. That the latter might find life comfortable, Mrs. Dillon made a will in the little one's favor, bequeathing to her all that she, the mother, had received from the old merchant.

Six months passed and pretty Mrs. Dillon's views of life changed. She met Jackson Kaufman of this city, admired him, fell in love, and not long after became his wife. The wedding was a shock to Savannah society and the bride's family, the Ehrlichs, were thrown into a state of wrath. They prided themselves on their ancient lineage, and for some reason looked without favor on Mr. Kaufman's suit.

Their protestations had no effect. The marriage took place, and the bride and groom came to New York with baby Dillon and went to housekeeping in West 127th street.

Mrs. Kaufman had left her relatives still angry. They charged that Mr. Kaufman had married his wife only for her money, that he had no affection for her and that he had boasted of his intention to live on her wealth. A very good answer to these allegations was the fact that Mr. Kaufman expressed a desire to go into business, and his friends say that he supported his wife and step-child all through.

It is also said that although he knew of the existence of his wife's will, he never asked her to change it, and expressed himself frequently as entirely satisfied with whatever disposition his wife might choose to make of her property. Mrs. Kaufman died a few weeks ago, and the will made while she was a widow is not in Surrogate Ransom's hands, having been ordered for probate by Lawyer Adolph L. Sanger, who had been named in the will as guardian of Mrs. Kayman's little daughter.

Directly this instrument was offered for probate, Mr. Kaufman protested, through his attorneys, Wise & Lichtenstein, of Fo. 50 Exchange place, and demanded half of his wife's estate on the ground that her marriage to him had made her will void.

The indications now are that Surrogate Ransom will decide in Mr. Kaufman's favor. If he does Mr. Sanger will take the case to the supreme court, alleging that the bequest of the entire estate to the baby daughter was more in the nature of a deed than a will, and that the husband should therefore be shut out.

If Mr. Sanger should prove successful in the end he will then sue Mr. Kaufman for an accounting, claiming that he is debt to his wife's estate. -New York Journal.

All things come to him who waits. For more than a dozen years we hammered away for Blaine for president, but it was no go. Then we determined to wait, and now the presidency seems to be just grabbing for him. -Troy, Kas., Chief.

12

GOOD NEWS FOR MRS. SHEEDY

NO POISON FOUND BY THE CHEMIST.

An Interesting Bit of Information From Inside Authority on the Sheedy Case.

Not an Unreasonable Theory.

The analysis of John Sheedy's stomach has been completed and the result is known. Contrary to expectation the chemist failed to discover the slightest trace of poison.

This interesting information in relation to the murder of John Sheedy has been in the possession of Coroner Holyoke and County Attorney Snell for several days and they, for some reason vest known to themselves, kept the matter quiet. However, one of the gentlemen who was on the inside yielded to the persistent inquiries of a Journal reporter Monday afternoon and put him into full possession of the facts.

Professor Vaughan of the university of Ann Arbor, Mich., who made the analysis, communicated the result of his labors to County Attorney Snell and Coroner Holyoke immediately upon completion of the analysis. The report was made in writing and was brief and to the point, being to the effect that no poison had been found. After the report was received a letter was written to Professor Vaughan asking if the failure to discover poison in the stomach was evidence that none had been administered. In his reply Professor Vaughan stated that there was no conclusive evidence that poison had not been administered, for the reason that morphine would pass off from the stomach in a few hours after it had been taken, therefore, it did not by any means prove that Sheedy had not been given morphine.

The prosecution have not abandoned their theory that Sheedy was poisoned, and will conduct the prosecution against Mrs. Sheedy and McFarland on that theory, notwithstanding the failure to find poison.

The attorneys for the defendants will probably endeavor to have the counts in the information amended if possible.

The result of the analysis will be received with surprise by the public, as it was almost generally believed that poison would be found in the stomach. new interest has been added to the case by this development, and the trial of the defendants next month will draw as large attendance as did the memorable preliminary examination.

The trial of this interesting case is set for the 4th of May. It will probably be tried before Judge Field and it is estimated that it will consume two or three weeks, unless developments arise that may change the entire phase of the case, and other developments of a startling nature have been anticipated for several days past.

It is now no longer difficult to conjecture why the prosecution charged Mrs. Sheedy with administering morphine when nothing appears to have been known as to what character of poison may have been administered.

THE SECOND SPECIAL PANEL

DRAWN FOR THE SHEEDY JURY.

One Hundred and Forty Men Called and Only Eleven Have Been Chosen.

Nine Out of Thirty-Eight Peremptory Challenges Have Been Used - Mrs, Sheedy Exhibits Signs of Ill Health and Mental Depression.

The Third Day's Work.

There were but few spectators in the large court room Wednesday Morning when the "Hear ye" of Deputy Sheriff Hoagland sternly admonished order where order already reined. Great volumes of cherry-stained, terra-cotta colored order prevaded the cool atmosphere of the apartment, pierced here and there by the most decorous streams of subdued light from the clouded sky, which poured modestly through the half opened shitters. Mrs. Sheedy came into the court room accompanied by her sisters. All were attired as on the first day, Mrs, Sheedy in deep mourning. The faithful and attentive guardian and uncle, Mr. Biggerstagg, was at her side and sat near her throughout the day, showing her every possible kindly attention while watching with eager interest the examination of jurors.

Monday McFarland sat behind the row of attorneys and kept his gaze roving nervously from the juror under examination to Captain Billingsley, who paid little head to Monday's watchfulness.

Prior to the opening of court and for some minutes subsequently thereto Mrs. Sheedy kept her face buried in her handkerchief, and occasional glimpses revealed the fact that she was weeping with considerable fervor. When the handkerchief was laid aside here eyes bore evidences of her lachrymal indulgence. After a half hour, however, the handkerchief was removed, and for an hour more the prisoner sat motionless with her arms folded and her eyes riveted upon the floor as if in deep thought. Later on she raised her head and for an hour kept her eyes bent steadily toward the chair wherein the jurors were being examined. Still later and up to the noon hour adjourned she held her head erect and appeared to the dividing her attention between the proceedings around her and her inmost thoughts. At times she was biting her lips to restrain the outward evidences of emotions that moistened her eyes with half-formed tears. Not a smile was seen to brighten her troubled features during the entire day, which was the more remarkable because of her evident good humor of the preceding day. Nothing was apparent to the oversver in the proceedings of the court to effect such a reversion of spirits, unless it was the endless succession of the jurymen called who had read the confession and parts of the evidence and had confessed the formation of opinions that unfitted them for jurors. This was certainly calculated to appeal one who realized that the effect of such testimony as would be adduced in the case was a matter of life and death to her. In fact the spirits of her attendant relations appeared to have been saddened or disturbed by some invisible force of circumstances, for the kindly appearing old maternal uncle bent eagerly forward to catch every word that fell from the lips of the jurors and the two sisters were apparently more depressed by the gravity of the situation than heretofore. There was very little whispering done yesterday during the morning session between the three sisters sitting there so close together. Heretofore observant spectators had noted that the fair prisoner would occasionally sit for minutes at a time with her eyes turned admiringly upon Mrs. Morgan, who sits ever at her right hand. and a smile would reveal the pleasure she found in her presence, while the thoughts of her sisters would be upon what was transpiring in the jury box. Mrs. Morgan is, indeed, a handsome woman and the prisoner's admiration was, in the opinions of the critical, fully justified. Mrs. Dean appears at all times too deeply absorbed in the proceedings of the court and attorneys to give much attention to her sisters.

Variety was added to the proceedings Wednesday by the fact that the panel of twelve men was at last filled, and then began the process of weeding out the objectionable ones by peremptory challenges, wherefor no reason must be assigned by the party challenging.

The right of the respective parties to peremptory challenges was here discussed. Mr. Lambertson contended that the state was entitled to twelve, and the defense to thirty-two. The defense contended that but six were allowed the state. The language of the statute governing that point is as follows:

"Every person arraigned for any crime punishable with death shall be admitted on his trial to a peremptory challenge of sixteen jurors, and no more; and every person arraigned for any offense that may be punishable by imprisonment for a term exceeding eighteen months shall be admitted to a peremptory challenge of eight jurors; and in all other criminal trials the defendant shall be allowed a peremptory challenge of six jurors. The attorney prosecuting on behalf of the state shall be admitted to a peremptory challenge of six jurors in all cases where the offense charged is punishable with death, and of three jurors in all other cases.

There being two defendants, the court held that they were entitled to sixteen challenges each, while the state had but six, regardless of the number of defendants. The state excepted to the ruling.

The attorneys for the defense handed in a schedule of the proposed order of challenges, as follows: Six by the defense, one by the state; six by the defense, one by the state; five by the defense, one by the state; five by the defense, one by the state; five by the defense, one by the state.

Mr. Strode moved to have the state exercise its peremptory challenge first, and that the order be preserved in that line throughout. The court overruled the motion, defendants excepting.

At 4 o'clock the special panel was exhausted, absentees excepted, and the court announced that an adjournment would be taken until 9 a. m. to-day to permit of the drawing of another 150 names from the box. The court cautioned the jurors to refrain from discussing the case [?] themselves or permitting others to talk to them upon the subject. He required the officer to take them into custody and keep them apart from intercourse with outsiders.

This is the first instance in the history of Lancaster county where a jury, from its inception, has been kept in the custody of an officer and apart from the public, or at least the first within the recollection of Reporter Mullon, Colonel Philpott or Mr. Lambertson.

10 WEEKLY NEBRASKA STATE JOURNAL FRIDAY MAY 29 1891

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church, and then up M street to Thirteenth and north to O, where he was when the first shot was fired.

It Was a Happy Family.

Miss Carrie Hatch resided at the northeast corner of Eleventh and E; was quite familiar with Mr. and Mrs. Sheedy and visited there quite often during the past nine years; was there about four weeks after Mrs. Sheedy returned from Buffalo; was there a short time before he died; her opinion was that they thought a great deal of each other; they always spoke of each other in the kindliest tones; was there Monday afternoon and Mrs. Sheedy was kneeling by the head of the bed, with her right arm under the pillow, while with the the other she caressed her husband's hand, which lay outside of the covers; she was calling to him, "John! John, dear! Don't you know me?" Then she laid her hand upon thte pillow beside his and there were tears in her eyes. Always noticed the kindest relations between them; didn't remember how she was in the habit of greeting him when he came home. Was in the house Monday afternoon about an hour and a short time in the evening. No one was giving attention to Sheedy but Mrs. Sheedy and she appeared to feel dreadful.

Cross-examined, witness said she was the wife of Dory Hatch, but didn't know that he had received any assistance from the defense; first knew Mrs. Sheedy after she was married. Witness' husband sent a not for her to come down, as he wanted her to go and call on Mrs. Sheedy; that was about nine years ago. Witness called on Mrs. Sheedy about four weeks after her return from Buffalo; Mrs. Sheedy had said she was very much better. Didn't think Mrs. Sheedy ever made a condident of witness and never called at witness' home after her return from Buffalo. Witness had made the remark that she supposed Mr. Sheedy was glad that she had come home. Mrs. Sheedy had remarked that he had a queer way of showing it, as he didn't meet her at the train. She said that every time she went away she had to get acquainted with him over again. She had evidently felt hurt, but said that it was all right again, as he had become natural again. Didn't make any complaints that he was jealous or penurious and didn't say that if she had known he would not have been more pleased to see her she wouldn't have come back.

Mrs. Sheedy Seemed to Be Weeping.

Charles C. Carpenter was called for the defense and examined as to the deportment of Mrs. Sheedy on the night of the assault; she seemed to be waiting on the doctors; was back there about 4 o'clock in the morning, she was sitting on the bed and seemed to be feeling very bad; she had her handkerchief up to her face and appeared to be weeping; saw her several times during the day and she appeared to be feeling very badly; also after Sheedy's death; she didn't seem to be doing anything in particular either time; had no conversation with her after her husband's death; was at the funeral; saw her when she came out and got into the carriage; she was dressed in mourning; didn't see her making any demonstration of feeling; saw her after the funeral and she appeared to be down-hearted, as a woman would under the circumstances.

Cross-examined: When he went over at 4 a. m. on the morning after the assault Dr. Hart sent for him; was on neighborly relations with the Sheedy family.

"Mr. Carpenter," asked Mr. Hall, "did you ever do any errands for Mrs. Sheedy?"

Objection of the defense sustained.

"Did you ever purchase any drafts for Mrs. Sheedy?"

"No, sir."

"Did you ever make a remark in you saloon soon after the assault that you suspicioned that such a thing was likely to occur?"

"No, sir."

"Did you ever see anything occurring around the Sheedy residence that would lead you to suspect such a thing?"

"No, sir."

Sheedy Said It Was "The Big Man."

Ab Carder of Fourteenth and O streets had known John Sheedy for sixteen years and prior to his death had been employed by him to watch a couple of men.

Witness said he asked Sheedy who hit him and he said it was "the big man of the two." Sheedy asked witness not to go to be that night.

"Did you know who the big man was that he meant?"

"Yes, sir."

"Who was it?"

"Gleason."

"Do you know who the little man was?"

"Yes, sir."

"Who was it?"

"Williams."

"Are they white or colored?"

"They are white."

"What is their business?"

"Gamblers?"

"Where do they live?"

"One of them is still here. The other one went to Denver since the new mayor came in."

Witness said that Mrs. Sheedy seemed to be worried that night and said he would be well paid if he found out who did it. Was there next day a little after 7 a. m. and saw Mrs. Sheedy; Sheedy was unconscious; she was down beside the bed and asking him to speak to her again and trying to arouse him. Was there again at 11:30 a. m. on Monday; Mrs. Sheedy was there; they were having prayers; she was near the foot of the bed praying and crying.

Witness said he was employed by Mr. Sheedy over three weeks before his death to watch the two men to whom he had referred; those were the two men to whom Sheedy referred to on the night of the assault; he was to watch them to keep them from sluggin Sheedy; he was afraid they would kill him.

"Did you watch them?"

"Yes, sir."

"Did they kill him?"

"I couldn't say whether they did or not."

"Do you swear that both of these men are not now in town?"

"I was told by George Bradeen that Williams had gone to Denver."

"Do you know where Williams was that night?"

"No, sir."

"Do you know where you told the coroner's jury he was?"

"I told where I had heard he was."

Mr. Hall pulled the testimony before the coroner, wherein the witness had testified that he could prove where Williams was that night, that he was at work for [Jetes?] and could prove it by four or five witnesses.

Witness got to Sheedy's right after they put him to bed; had no conversation with anybody but Mrs. Sheedy and Sheedy; didn't know whether she heard Sheedy's conversation with him or not.

"Did you nay before the coroner's jury, to whom Sheedy referred as the big man, '--didn't you reply, 'I don't know whether I do or not?"

Witness admitted that he had made that reply.

Witness denied that he was in the employ of the defense, that he had been promised any compensation or that he had done any work for them in hunting up testimony.

He said he did not know where Gleason was on the night of the assault. The witness denied that he had told Will Baird that he had informed Mrs. Sheedy that he believed she had done it.

"Did you ever make a statement in the police station soon after the assault that at one time while passing the Sheedy home you looked into the window and saw Walstrom sitting on Mrs. Sheedy's lap?"

"No, sire; I never saw Walstrom to know him."

"Did you ever go with Marshal Melick to make an arrest in connection with the assault?"

"We talked about making an arrest."

"Did you go with him to arrest one Neville?"

The defense objected and the court ruled it out. Mr. Hall contended that he thought the state ought to be permitted to show that, while claiming to believe that one man was guilty, witness was willing to assist in the arrest of another man.

"Mr. Carder are you prepared to make a charge against Gleason in connection with this murder?"

The question was ruled out, as Colonel Philpott thought he "didn't have to make any charge."

"Did you ever see Gleason around the Sheedy residence?"

"No, sir."

"You were watching him, were you not?"

"Yes, sir."

Witness said that he was laying off duty as a policeman at the time Sheedy employed him; said he would give him $50 for the month and find him something else to do. Went back to work in two weeks; changed beats every three days. Mrs. Sheedy could have heard Sheedy say it was the big man.

Know It Was a White Man.

Mrs. Anna Hoaman, a feminine witness who talked so that the audience could hear, knew John Sheedy by sight; was near when the shot was fired on the night of December 9; the man who fired the shot was about twenty feet inside the fence; she could see the man and was only about twenty feet from him when he raised up and ran away.

"He as not a very large man, about five feet six, I should think; he had a moustache, not a very heavy one, and he was a white man; Mr. Sheedy was in the yard, about half way from the gate to the house and Mrs. Sheedy was on the porch."

Witness' husband and a Mr. Caldwell, now in Chicago, were with her, and Mrs. Hood and daughter were with Mr. and Mrs. Sheedy. The witness explained that Mrs. Hood and daughter were just going east past her when the shot was fired; her husband stepped off the north side of the walk to let them pass; witness just stepped back and was just beside them when the shot was fired. The man ran back toward the lattice work; he fell just at the corner of the portch. Mr. Sheedy went upon the porch. Mrs. Sheedy was in the door. Couldn't tell the color of the man's mustache and couldn't say whether or not he had any beard. The flash showed between her and Mr. Sheedy's breast. The man had on an overcoat, but couldn't tell what kind of a coat it was. Didn't remember whether or not there was any moon that night. Couldn't tell whether he had on a cap or hat, the color of his clothing, the color of his hair or eyes or whether he was of light or dark complexion. Couldn't tell what kind of a dress or hat Mrs. Hood or Mrs. Sheedy had on or how Mr. Sheedy was dressed. She didn't see Mrs. Sheedy catch hold of her husband to keep him from chasing the man; would have seen it if she had done so. Sheedy went into the house ere he went back to look for the man. When the shot was fired she saw the man's face.

As Mr. Hoeman Saw It.

A. B. Hoeman, husband of the previous witness, said he also witnessed the shot fired on the 9th of December. He detailed the circumstances substantially as his wife had, and insisted that it was a white man. Witness said the man who fired the shot was a man about the size of Mr. McRaynolds; would probably weigh about 150 or 160 pounds; had a mustache; Mr. Caldwell, superintendent of the electric light business, was with witness and his wife; they were going home from his father's a few doors east of Sheedy's; lived on South Eleventh street over Gettier Bros.' market; the man jumped up, fired and ran; as he reached the porch he fell and rolled over; then was when he saw that it was a white man; couldn't have recognized that he was white at the time he fired, as the man had his back toward him.

Mr. Sheedy had just stepped inside the gate when the shot was fired; was positive when the shot was fired; was positive that he was not half way between the gate and the porch when the shot was fired; Mrs. Sheedy was about half way; was positive she was not on the porch. The man was a dark complected man, and had three or four day's growth of beard and a mustache. Had on a cap with a visor and a brown overcoat; couldn't tell the color of his pantaloons; didn't see the size of his boots and didn't know that he had any on; didn't know whether or not he had sworn before the coroner's jury that the beard on the man's face was "as black as any I ever see." Was sure that he did swear that it was a white man. Didn't know Harry Walstrom and never saw him.

Witness went into house after the shooting, but did not tell Sheedy that it was a white man he had seen.

"Was there a man pointed out to you as Frank Williams?" asked Colonel Philpott.

"There was a man described to me as Frank Williams."

"How did he compare with the men you saw that night?"

"From his size and looks he would have answered the same.

"Will you swear," asked Mr. Lambertson, "that the man you saw that night was Frank Williams?"

"I would not."

"It would resemble Bob McReynolds ore, wouldn't it?"

"I said it would resemble him a great deal."

She Had Seen Them Together.

Mrs. Viola Davis, a milliner at the northwest corner of Twelfth and O, knew Mrs. Sheedy got along only so far as Mr. Sheedy's treatment of his wife was concerned. She had seen them together very often and their deportment toward each other was always agreeable, and they always seemed to be enjoying themselves together. They were generally riding or walking when she was them, and she only judged of their relations from having seen them so much together; thought she remembered that Mrs. Sheedy generally had a pleasant smile on her face, but didn't know that she had ever seen them talking and laughing together; did see them talking together once in their buggy at Cushman park; wouldn't say that they were laughing. Never heard their conversation.

Believed Their Relations Amiable.

Mis Josie Dowden had known Mrs. Sheedy between four and five years; had met Mr. Sheedy; had often seen them riding and had been at the house; was in the habit of getting water there; judged that their conduct toward each other was the most agreeable; never saw an instance to the contrary. Had been at Mrs. Sheedy's house a number of times on business and a number of times dropped in when she had no business; Mr. Sheedy was there twice. Mrs. Sheedy had often told her things she didn't expect to have repeated, so that their relations were somewhat confidential.

A Glimpse at the Family Circle.

Mrs. Maggie Hurtz lived at 1219 P street in January, five doors east of the Sheedy residence; on that evening at 7 o'clock started out for a walk; passed the Sheedy residence with her husband and noticed that the house was very cheerful; saw Mr. Sheedy reading beside the piano and Mrs. Sheedy was between the two front windows, also reading; passed again in about half an hour and observed that the conditions were unchanged; Mr. and Mrs. Sheedy sat as before; the front window curtains were raised; went home and in five or ten minutes heard the shooting; that was between 7 and 8 o'clock.

The witness was not cross-examined.

Theodore Hurtz, husband of the last witness related substantially the same facts and escaped cross-examination.

Attorney Hurr on the Stand.

L. C. Burr was the first witness sworn. He related a conversation had with Hymen Goldwater about two months ago in the presence of John H. Hart, in which Goldwater had said that James Malone had offered him $200 if he would testify that he had sold this cane to Monday McFarland; he afterwards said they raised it to $300; a meeting was afterwards held at which Marshal Melick and Mayor Graham were present, and they raised the amount to $500; Goldwater wanted witness to bring suit against them for the amount. Witness said nothing had been said about the agreement having been made with Goldwater's boy; Goldwater said they had agreed to pay it to him, but had mentioned the boy at that time.

On cross-examination witness said that Goldwater was a foreigner of some kind and might make mistakes in expressing himself; witness remembered fairly well what was said and the impression it made on his mind; was quite certain that Goldwater said that they had promised him instead of the boy; didn't feel that Goldwater's talk to him was in the nature or a privileged talk to his attorney; wasn't sure that Goldwater said the word testify, but had said they had offered him that sum to tell how it was that the colored man bought that cane.

Carder Saw Malone In Court.

W. W. Carder was the next witness called. He said he had been on the police force for nearly two years; was about police headquarters on the night of the assault and saw the cane that was brought in.

"Look at that and see if you know what cane that is?" said Mr. Strode.

Witness said he recognized the cane brought in that night as one that had belonged to him at one time, but the top of the cane in [court?] did not look like the same that was upon it that night. The cane he had lost had tacks in it, just as did the one he held in his hand. While out one night signalling the officers by wrapping on telephone poles he had knocked the head off; had mended it with several kinds of tacks. Every officer in police court that night recognized the cane instantly. As soon as it was brought in witness had remarked:

"Where did you get my cane?"

He thought there was a brass tack in the head, which had since been removed.

None of the other witnesses had seen any brass tack, and Mr. Hall thought he had a ringer on the witness. Did the brass tack in the head of the cane enable you to identify it when it was brought in that night, Mr. Carder?" inquired Mr. Hall.

The witness started to tell something else, but Mr. Hall peremptorily stopped him, with "Just answer my question, Mr. Carder."

"Well, I don't propose to do it."

The witness, who was pale from illness when he came in, grew paler and trembled with either rage or fear.

"Did you identify the cane that night by the brass tack? again inquired Mr. Hall.

"Answer the question, Mr. Carder," said the court.

"Your honor, I see two or three witness in the room. When others were testifying I was excluded from the court room, and wasn't allowed to hear them testify. I believe I was about the only witness who was thus excluded under the rule. All I want, your honor, is a fair shake, and I positively will not answer until those witnesses are removed," and he slammed his spectacle cane down upon the reporter's desk with emphasis.

Judge Field was noticed to be turning a little pale himself about this time.

"Mr. Carder, there is no use of talking. You will have to answer those questions, or---"

"Answer the question, Mr. Carder," came from Mr. Strode in low tones directed only to the hearing of the obdurate witness.

"Your honor," said Mr. Strode, "all he asks is that those witnesses be removed as a matter of fairness."

"The court will manage that and will see that no unfairness is permitted, Mr. Strode. Mr. Carder, I can assure you that you will be required to answer those questions, and if you decline it will be a painful duty to inflict punishment upon you. I will give you one more chance. Read the question to him Mr. Reporter."

"Did you identify the cane that night by means of a brass tack?"

There was an impressive pause ere "No, sir," came feebly from the trembling and reluctant lips of the witness, and there was a sigh of relief from all present.

The witness denied that he had ever told Deputy Sheriff Hoagland that he had first thought it was his cane, but that he had subsequently discovered that it was not.

The attorneys asked him if he had not told the same thing to others, whom they named, and he said he had not. He might have told them that he could not identify it positively as his cane.

Jailor Barnes Knew It by the Scallops.

William Barnes, city jailor, was the next witness called and he also said that he identified the cane in court as the one brought in that night from the Sheedy residence, and at that time identified it as Carder's cane. Identified it by the two scallops (dints) about five or six inches below the head; had had Carder's cane in his hand about a year and a half ago; if it hadn't had the scallops, from its general appearance would have thought it was Carder's cane; identified it by the scallops.

When shown the cane the witness was enabled to count four or five scallops at the point named and couldn't tell by which ones he identified it. There was no brass tack in the head when it was brought in that night.

What, Never? Hardly Ever.

Mr. Carder was recalled and asked whether or not he had ever had a conversation with C. E. Alexander, reporter for THE JOURNAL, in which he had said that the cane was not the one he had lost. He said he had not.

Mrs. Sheedy's Sobs Shook the Bed.

Miss Fannie Warner was acquainted with Mr. and Mrs. Sheedy; had been at their house and had seen them together at the house since her return from Buffalo; they seemed very attentive and friendly toward each other as far as she could discern; it was not different from their deportment before her trip to Buffalo. Witness was there Monday afternoon at 2:30 and Mrs. Sheedy was kneeling beside the bed beside her husband with her right arm under the pillow. She was saying, "John! John! Don't you know me, John?" She would now and then lay her head on the pillow and weep. Knew she was weeping because she shook the whole bed. Both Sheedy and his wife had taken dancing lessons of witness.

Wept at Mention of His Name.

Mrs. S. M. Melick was called to testify as to Mrs. Sheedy's deportment while the witness was at the Sheedy house. It was after Sheedy's death; saw Mrs. Sheedy; part of the time she was quiet and part of the time she was quiet and part of the time weeping bitterly; broke down and wept whenever her husband's name was mentioned.

Court adjourned at 11 a. m. after a conference between the attorneys and Judge Field, in which it was stated that the defense would probably complete its testimony during the afternoon. It then became evident that it was not the intention to put either of the defendants on the stand.

The Afternoon Session.

At the afternoon session Eugene H. Andrews was called; he said he was proprietor of Cushman park; knew Sheedy and his wife; saw them at the park frequently together last year; as far as he noticed, their deportment toward each other was very kindly; saw them there probably fifteen times; saw them there during the latter part of the season, at the soldier's reunion the 21th of September. Their general deportment was kindly and he never saw anything that indicated bad feelings; thought from Mrs. Sheedy's deportment she was a perfect lady.

Had heard conversations between them; had also seen her there with the ladies when Sheedy was not there; thought they were a devoted couple. At the soldiers' reunion he had said to Mrs. Sheedy, "We have missed you during the summer." Mr. Sheedy spoke to her and she turned her attention from the witness.

What Mr, Marshall Knew.

W. J. Marshall said he knew Mr. and Mrs. Sheedy; lived a block and a half from them; passed by the residence often and saw them there; also away from home; never saw anything that was not perfectly friendly. Had called at the house and heard them talk to each other in a friendly way. Had only heard from hearsay as to her caring for Sheedy when he was stabbed. Passed the residence several times a day and never saw Monday about there.

Cross-examined he said he was at the house once about a year ago and once about two years ago. Only knew from what he had seen; didn't know as he had ever seen a happier couple; didn't know whether or not he had ever seen an unhappier couple.

Carder's Conversations on the Case.

W. W. Carder was recalled and asked if he remembered having said to Officers Miller and Sipe that he had at first thought the cane was his, but that he was afterward satisfied that it was not. He said he had never stated since the night of the assault that he was satisfied it was not his cane.

Mrs. Sheedy's Physician on the Rack.

Dr. N. R. Hook was called. He said he had been practicing in Lincoln five years and Mrs. Sheedy had been a patient of his for several years; remembered thta she left the city last July for Buffalo.

"Did you advise her to go, doctor?" asked Mr. Strode.

"No, sir."

"State whether she did not object to going because she did not want to leave her husband."

Objection by the state sustained.

"State whether or not she did not go to Buffalo at the expressed wish of her husband."

Objection of the state sustained.

Saw her again January 16 and she seemed to be suffering severely with nervous depression; she said she didn't think she could live, she was so depressed. There were people in the front room that day. Didn't know of any other doctor treating her except at Buffalo; as far as he knew he was her medical advisor; was not called to treat her for any ailment in October or November.

The witness was not allowed to say whether he had treated her since her imprisonment.

Brother-in-Law Baker Didn't See Walstrom.

F. B. Baker of Western, Saline county, brother-in-law of the defendant, testified that he was at the Sheedy residence after Sheedy's death; went there Tuesday and staid until Friday; was there when young Oppenheim came; there were in the house at that time Dennis Sheedy, ar.. and two borthers, the wife of one of the latter, Mrs. Dean, young Dennis Sheedy and two or three others, with witness and his wife. Dr. Hook was called there that day. The Messrs. Sheedy and the young attorney sat down at the table to sign the power of attorney. Walstrom was not there at that time. Witness had never seen Walstrom at that time. Oppenheimer was there when witness left, and Oppenheimer had not seen Mrs. Sheedy when witness left; she was in the sitting room lying down, and had not come into the parlor. Thought the piano was closed. Was in the room with Oppenheimer about five minutes.

This was in rebuttal of Jacob Oppenheimer's testimony to the effect that when he took a power of attorney over there for the heirs to sign, he handed it to Mrs. Sheedy, who in turn submitted it to Walstrom with the remark, "It's all right, Harry."

Who Sent for Walstrom?

Mrs. Dean, a sister of defendant was at the Sheedy residence at Sheedy's death; Patrick and Michael Sheedy, brothers of deceased, went away on Friday after the funeral; Dennis sent for Walstrom on Saturday afternoon; didn't remember having seen Oppenheimer there; Mrs. Dennis Sheedy was there, but the other two brothers had gone home the day before; Mrs. Sheedy was sick in the sitting room on Friday and the doctor was there, so far as witness knew Walstrom was not at the house from the time of Sheedy's death until Saturday; was not there on Friday.

Mr. Dennis Sheedy asked Mrs. Sheedy to send for Walstrom Saturday afternoon; Mrs. Sheedy wrote a note to Walstrom and handed it to Dennis Sheedy, sr.; Dennis Sheedy, jr., went after Walstrom; he came; witness was not in the parlor when he came; nor was Mrs. Sheedy; young Dennis Sheedy introduced Walstrom to Dennis Sheedy, sr.; didn't know where young Dennis Sheedy had met Walstrom. Witness had met Walstrom at the Sheedy residence a couple of times; just knew him; Mrs. Sheedy and witness went into the parlor just before Walstrom left that day.

"Let me refresh your memory a little," remarked Mr. Hall. "Don't you remember that when Walstrom came Mrs. Sheedy introduced him to Dennis Sheedy and you got up and left the room when that interview began?"

"No, sir, not to my recollection."

But while she was answering in the negative Mrs. Sheedy was nodding an affirmative.

"Don't you know, Mrs. Dean, that Mrs. Sheedy insisted on [?] for Mr. Walstrom and that she wanted Dennis Sheedy to see him, and that he was a mere boy?"

"No, sir."

"And don't you know, Mrs. Dean, that when Walstrom came he said, 'Mr. Sheedy, I understand you want to see me,' and that Mr. Sheedy replied, 'You are mistaken; I have not sent for you and did not want to see you?' "

"No, sir."

"How much of that conversation did you hear wherein Mr. Sheedy asked Mrs. Sheedy to send for Walstrom."

Witness was not certain. She said she first met Walstrom late in October at the Sheedy home.

Goldwater vs. Burr.

Hymen Goldwater was recalled at the instance of the defense and questioned by Colonel Philpott as follows:

"Did you not tell Mr. L. C. Burr at his office about two months since that you fixed the head of that cane yourself and that you had told your boy to swear that he had fixed it?"

"No, sir."

"And did you not on the same day thereafter, at the same place, tell L. C. Burr that he need not sue for the money for they had fixed it up; and did not Mr. Burr say to you, 'Mr. Goldwater, you did not have that cane in your store at all, did you?' and did you not reply, 'It makes no difference. I am entitled to my money just the same?"

"It is a great lie. I was there only but vonce at all," roared Mr. Goldwater, rising from his seat with an air of indignant consternation.

The witness was excused amid a great roar of mirth on the part of the audience.

Burr vs. Goldwater.

Mr. Burr was then recalled and testified that Goldwater had been to his office twice on that day and had said in substance what he had above denied.

Col. Philpott's Endorsement Commended.

Mr. Philpott then said that the defense desired to use a cane which had been taken from Monday's shop after his arrest and had been had in court several times by the state, but it was not present. Judge Field said that they should have asked for it when it was there. The discussion developed the fact that Officer Malone had taken it home.

"If you wish the can you can subpoena Malone and have him bring the cane," suggested Mr. Lambertson.

"I told you you would want Malone ere you got through," said Hall.

"O, yes; you would like to have us make Malone our witness, so that you could cross-examine him. You want us to give Malone our endorsement," said Philpott.

"No, we don't," retorted Lambertson. "your endorsement would damn anything."

This was the cane which Monday was alleged to have secured after the killing to take the place of the fatal weapon, and had taken off the head so that it would resemble the lost staff.

Philpott vs. Malone.

Colonel Philpott then took the stand in behalf of the defense and again proceeded to answer his own questions, as follows:

"What is your name?"

"J. E. Philpott."

"Are you acquainted with James Malone?"

"Yes, sir."

There was a roar of mirthful derision and the court said that judging from the character of evidence being introduced, the end of the case was drawing near. He hoped that the attorneys would pursue their work to a finish in a serious vein.

Philpott then related how he had met Malone in the corridor of the jail and how the latter had told him that Monday was in a desperate condition and likely to suicide before morning.

Mr. Melick was recalled and testified that Dennis Sheedy and Mrs. Sheedy had jointly offered $1,000 reward; before Mrs. Sheedy's arrest; that Dennis Sheedy had subsequently withdrawn it and had made a private offer to witness of $1,000 reward after her arrest; witness had told Malone of it some time afterwards and had told him he should have half of it if successful. Every one of these facts was vigorously opposed by the state, but the court allowed them to go in.

Strode vs. Malone.

Mr. Strode then took the stand, was sworn and testified to having had a conversation with Malone at the police station on the Sunday evening of the confession of Monday McFarland, in which the officer said that they had put Monday into the sweatbox and scared the confession out of him.

Medical Authorities Go In.

The defense introduced a large number of medical authorities bearing on the conditions found in the brain, including Colonel Philpott's now celebrated "arbor vitae, the tree of life," and the similarity of symptoms of compression and morphine poisoning.

A [?] a transcript of proceedings in the preliminary hearing, showing that Walstrom was released.

Colonel Stepney's Forehast for Cause.

Officer Malone came in at this point with the cane for which Colonel Philpott had asked, having gone home after it. It was the one Monday had carried after the assault.

P. J. Stepney was called and said he was a cousin of Monday McFarland. The cane was shown him and he said he thought he had had that cane along last summer; McFarland had complained of having the rheumatism and had got the cane of witness about last September.

The defense offered the cane in evidence and the state objected, as it was immaterial, there being no claim that it was the cane Monday McFarland had on the night of the assault or that it had any special relation to the commission of the crime.

Upon cross-examination Stepney said he had picked the cane up "somewhere's down about the house," his sister's house, sometime last spring, and used it last summer. Didn't know who it belonged to or where it came from; gave it to Monday right after the state fair one evening. Hadn't seen the cane before since the assault; didn't know where this cane was purchased or who purchased it. Thought it was the same cane. Also had another cane at his shop; didn't tell Malone that that one was McFarland's; a boy named Hilderbrand left it there after witness gave his own cane to Monday. Witness said he was a cripple and had to carry a cane.

The state undertook to ask him if the overcoat he was then wearing was not the coat Monday had worn on the night of the assault, but the question was not permitted. It was the same, however.

Dennis Sheedy Put Up for It.

Coroner Holyoke was called and said that he conducted the Sheedy inquest; had a portion of the cheek bone taken from John Sheedy's head at that time. It was the bone that was partially broken loose from the skull. He said it required considerable force to remove it at the postmortem. It was offered in evidence.

He was exmained as to the autopsy and knew the heart was enlarged; couldn't say that it was fatty degeneration, as he had not examined it with a microscope and fatty degeneration could not be detected accurately with the naked eye.

He told in detail of having taken the stomach to Professor Vaughn for analysis, and after a contest between the arrayed forces of attorneys the witness was permitted to state that Dennis Sheedy had told him to go ahead and have the examination made and that he would contribute to the extent of $200 himself and the county commissioners had agreed to pay $50. John Fitzgerald had paid witness his expenses for taking the stomach to Chicago upon an order from Mr. Hall.

This closed the testimony for the defense and at 4:50 came the impressive announcement from Mr. Strode:

"The defense rests."

Bradeen Was With Gleason.

George W. Bradeen was called in rebuttal by the state; was slightly acquainted with John Sheedy; knew William Gleason; was in the club rooms over 124 North Tenth street on the night of the Sheedy assault; William Gleason was in the rooms over the Ivy Leaf, from a little before 7 o'clock until nearly 9 o'clock that night; saw Ab Carder there that evening; Gleason and witness were there at the time and had some conversation with Carder; a man came up and told of the assault on Sheedy; just as Gleason went out.

Cross-examined, the witness said that there was gambling going on in that room. He declined to answer the question as to who was running the room, on the ground that it would criminate himself. He denied that any ill feeling existed between himself and Sheedy at that time; there had been, but it had been settled.

"Did you not go past Gus Sanders' saloon about 3 o'clock in the morning after the assault?"

"I believe I did."

"What did you see going on there?'

"I don't remember that I saw anything/"

"Didn't you see Gus Sanders and other parties in his private office looking over some papers?"

The state's objection was sustained.

Witness said he did not go to the Sheedy residence that night of the assault and had certainly not told W. W. Carder that he did go there because he had some interest in the event. Neither had he ever told W. W. Carder that Ab. Carder's former testimony was about correct.

Charles E. Alexander testified that he was police reporter on THE STATE JOURNAL and knew W. W. Carder for two years; had had a conversation with W. W. Carder during the week following the Sheedy murder in which Mr. Carder had told him that the cane found at Sheedy's place was not his lost cane.

Mr. Strode endeavored to show that the witness had been governed in his reports of the preliminary hearings by the dictation of certain gamblers, but signally failed in the absurd endeavor.

Hoagland Talked With Carder.

Henry V. Hoagland was called and said that W. W. Carder told him at the Capital hotel on the Sunday night following the assault, in the presence of J. D. Wright, that the cane found at the Sheedy residence was not his cane; that it was thought at first it was, but that it wasn't. Witness had joked Carder about being the man who struck Sheedy, as the cane had been identified as his. Carder said it was a mistake.

Fullington Was With Gleason.

Anson Fullington was called and corroborated the testimony of Bradeen. He said Gleason was in the room over the Ivy Leaf on the night of the assault; Gleason came there from 6 to 6:30 and left at nearly 9 o'clock. Remembered that it was that night because it had been claimed that the gamblers did it, and Ab Carder had come in and told of the assault on Sheedy; Ab Carder had talked to Gleason; couldn't remember who came in first that night, Gleason or Bradeen; Gleason went out first. Didn't remember how Ab Carder was dressed. Witness was sure that Frank Williams was in that room that night; didn't remember when he came or when he left; didn't remember that there was any playing there that night.

Fred Miller Remembered Something.

Fred A. Miller, day sergeant of police, testified that he had a conversation with W. W. Carder in which the latter stated that he had at first thought that the cane was his, but that he couldn't identify it as the one he had lost.

The defense endeavored to show by Mr. Miller that he, himself, had identified the cane, but were not permitted to do so.

An Authority on Moonshine.

Mr. Lambertson offered an almanac showing when then the moon rose on the 9th day of December, the night of the first assault, and the court allowed it to go, in spite of the objections of the defense that it had not been identified as a standard scientific authority.

No More Testimony to Go In.

The progress of the Sheedy case was remarkably dilatory during the half day session devoted to rebuttal Saturday owing to the absense of witnesses expected by the state, and the officers of the court received several broadsides of criticism from Judge Field and the attorneys for not having the witness in readiness when called.

There was the inevitable crowd of spectators in attendance, eager to hear the last bits of conflicting testimony sifted to a definite conclusion. The accused, with their attendants and attorneys, were on hand promptly at the hour for opening. An air of exhaustion was perceptible on every hand. The three weeks of mental strain had left its traces upon the features of all whose connection with the case has kept them in line with its progress, and it was apparent that all were ambly qualified to profit from a day of rest.

Mrs. Sheedy, during the greater part of the long forenoon sat with her eyes closed, as if sleeping, while her sisters, Mrs. Morgan and Mrs. Dean, were quietly enjoying the mental relief that comes borne upon a tide of tears. Those three devoted sisters appear to have suffered much more poignantly from the events of the past three weeks than has the defendant who enjoys their tender, anxious sympathy, if one may accurately measure human anguish by outward appearances. Their deportment has undeniably operated very much to the advantage of the defense in this case.

Monday McFarland did not appear so utterly forsaken Saturday as during the former days of the trial. It is true that some of his colored friends and relatives have been near him in court every day ever since the taking of testimony began, but yesterday he sat in a semi-circle of ten colored ladies. Among them all the most tastefully and expensively attired was his wife, an intelligent looking colored woman of apparently about twenty-five years of age. She had brought with her their baby, and the child nestled down into its father's arms and maintained a mystified quietude throughout the forenoon. Once the swartly prisoner was noticed bending over in tears, Monday and his coterie of friends sat nearer the jury than did Mrs. Sheedy, and the incident of the child's presence in court did not fail to make its impression upon everyone.

The chief testimony offered Saturday was certainly of a very important and interesting nature. Both shides had some ready, but only the defense was allowed to bring out any new facts. The testimony of Mrs. Skinner to the effect that she saw Monday McFarland pass through the alley just after both of the assaults at the Sheedy place, was not permitted to go before the jury.

Upon the opening of court Mr. Strode asked the court for leave to introduce some testimony of which he had just learned, and desired to call D. G. Courtnay. Mr. Hall for the state protested somewhat against permitting the introduction of such evidence so long after the defense had rested its case, but the court concluded to permit it.

An Anonymous Threatening Letter.

Mr. D. G. Courtnay was called and said that John Sheedy was in his office two or three or four days before the last assault and gave him a letter he had received, indicating that he was to be assaulted and killed; witness gave it back to Sheedy; had looked through Sheedy's papers after his death, but had been unable to find it; Patrick and Michael Sheedy had then taken some of the clothing away. There was no name signed to the letter and it was in a disguised handwriting. Mr. Sheedy had said at the time that he had shown it to Mrs. Sheedy. The substance of the letter was that unless Sheedy let up on his opposition to other gamblers and stopped trying to run the town, it would be only a question of time until he was killed.

"Mr. Courtnay, when did you tell Mr. Strode about that letter?" asked Mr. Hall.

"Yesterday. I had told Mr. Biggerstaff of it the evening before and had also spoken to Judge Weir."

"Is it not a fact, Mr. Courtnay, that that letter was signed, 'a friend to your wife?' "

"It is not."

"Did he ever show you any similar letter or letters signed in that way?"

"No, sir."

The witness explained that the letter was postmarked at Lincoln, was not dated and was written in what appeared to be a man's disguised hand.

The defense also endeavored to call out the substance of some letters Mrs. Sheedy had written her husband while she was in Buffalo, and how they came to be destroyed. He stated that Dennis Sheedy had read them in the presence of the witness and had cried like a child. He was not permitted to tell of the contents or tone of those letters, although the defense persistently endeavored to draw out some intimation of the terms in which they were couched, from which it was easily inferred that they were ideal love letters.

Saw no Two Men Running.

Officer Kinney was the first witness called in rebuttal by the state and said that he was with Officer Otto at the Burr block corner, Twelfth and O, when the shooting occurred; saw no men running south on Twelfth; immediately ran north on Twelfth street about forty feet past the alley; met Henry Krause there; turned around and ran around into the alley. Saw no one running south at any time. Saw no two boys standing on the south side of O street; they might have been there. The patrol wagon did not go to the Sheedy residence after the assault. Witness ran clear through the alley; thought Officer Adams did also.

Topping was Sober, but Saw no Men.

D. C. Topping, a blacksmith, was down by the opera house when the first shot was fired, and went north a little ways; went as far as the curbing opposite of Sheedy's house.

"Did you see two men running south from the Sheedy house just after the shooting?"

"No, sir."

"Do you think you were so situated as to have seen them if they had been so running?"

"I guess so. I was sober."

"Well, would you have seen them if anyone had run south on Twelfth street?"

"Yes, sir."

"And you saw no one?"

"No, sir."

The witness was subjected to the usual rigid cross-examination, which developed that the witness stood still at the opera house corner until all the shots had been fired, then ran north; saw a number of people around the Sheedy residence and others going, but saw no one whom he knew. Didn't stay to learn the details of the trouble; only heard that some one had been struck. Had first told of having been there after he had heard what two witnesses had testified to yesterday about two men running south.

Otto at the Alley.

Officer Otto also testified that he was standing at the Burr block corner when the shooting began and started north at once. Did not see any man or men running south on Twelfth street. Ran past the alley until Krause came running out on the west side of the house and said Sheedy was shot; witness ran back to the alley, ran up it a short distance and came back to Twelfth street. Did not go east of the gate leading from the Sheedy premises into the alley. Didn't think the patrol wagon was there that night; Bob Malone was driver of the wagon at that time; didn't know how Bob got to the house. Believed that the police record didn't show, that the wagon went out that night.

Couldn't Tell What She Knew.

Mrs. Margaret Skinner lived at O street in rear rooms looking out upon the alley some distance east of the back end of the Sheedy premises; on the evening of the assault upon Sheedy she heard the shooting and ran to the window, raised it and looked out.

At this point the defense objected to the introduction of this testimony in rebuttal, as it was testimony which should have been offered in chief.

Mr. Hall said he was in doubt himself as to just whether or not the evidence of this witness could be deemed strictly rebuttal, but it was testimony which should certainly be admitted. The defense endeavored to create an impression in the minds of the jury that two men were seen running south on Twelfth street and that they were probably the men who had assaulted John Sheedy. He thought it proper for the state to show in rebuttal that this witness had seen this defendant (referring to Monday), charged with that assault, pass eastward through that alley, followed by two policemen.

It is claimed that Mrs. Skinner also saw Monday pass through the alley on the night of the first assault.

Mr. Stearns objected strenuously not only to the introduction of such testimony, but to the utterance of any such statement before the jury. He said that this had been the course of counsel for the state all through the trial, to endeavor in an underhanded way to prejudice the jury by statements not permissible in evidence.

"I don't suppose the jury will accept as evidence any such statement," remarked Mr. Hall.

Mr. Woodward asked the court to instruct the jury that it should attach no weight to the statement of Mr. F. M. Hall, counsel for the state.

"The jurors will not consider as evidence or of any weigt the statement of the attorney--or of any attorney, as far as that is concerned, unless under oath."

A record of the court's admonition was made, and Judge Field having declared the evidence not admissible, the witness was excused.

The Results of So Much Secrecy.

Counsel for the state very much regret that this witness was not discovered prior to the beginning of the trial. One of the requirements of the law is that the names of all the witnesses for the prosecution must be endorsed upon the back of the information before the beginning of the trial. This is a measure designed for the

WEEKLY NEBRASKA STATE JOURNAL FRIDAY MAY 1891 11

TWELVE GOOD MEN AND TRUE

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THE JURY SECURED IN THE SHEEDY CASE.

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Juror Norton Discovered to Have Talked Himself Into a Bad Predicament.

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He Saw $500 in the Position of Juror- Opening Statements of What the Res pective Attorneys Anticipate Their Ability to Prove.

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There were few spectators present Monterday morning when court opened in the Sheedy murder case. Mrs. Sheedy had come in escorted only by Mr. Biggerstaff, the wealthy old uncle from Boise City, and her sister, Mrs. Morgan, the other sisters, Mrs. Dean and Mrs. Baker, being a trifle late in arriving at the court house. Monday McFarland found the escort of Jailor Langdon good enough for him.

Mrs. Sheedy was somewhat more nervous than at any previous time since the trial, and Monday preserved his usual sombre gravity throughout.

The first hour of work in completing the panel of jurors was dull enough, but at the end of that time the lively scenes foreshadowed in THE JOURNAL of Sunday morning began to dawn in the proceedings, rather the promise thereof after over an hour of consultations among all of the attorneys, during which time the court and attendants were idle and the spectators were perplexed and impatient, the first extra sensational feature of the trial was sprung in the sworn charges preferred against Juror A. B. Norton of Davey, which led to his subsequent release from the panel and his arrest. From that time on the proceedings were more interesting, until at 4:15 the opening statements of counsel, outlining their respective cases, were completed and the jury cautioned to refrain from discussions of the case and the bailiffs cautioned to permit them to read no local papers.

The jury to whom the case will be finally submitted comprises James Van Campin of Little Salt precinct, J. C. Jensen of Lincoln and George Albrecht of Highland, who were members of the first panel of 150; Jacob Croy and Henry L. Willis of Lincoln, who were from the second 150 drawn; Ed Young and John Robertson of Panama., C. S. Cadwaller of Little Salt, Luther Batten of Oak, James Johnson of Grant and Thomas Riley of Buda, all members of the third panel.

To secure this jury 364 men have passed through the judicial sweat box on the revolving chair usually reserved for the use of witnesses, out of 486 summoned on the regular and three special panels.

Juror Norton Gets Aired.

"The state's last challenge," called Judge Field.

Then there was a mysterious movement among the attorneys for the state. After vainly endeavoring to conduct a secret conference around the attoryneys' table they retired to the private office of Judge Field to confer. "Pretty soon Mr. Snell came out, secured his hat and went away, presumably to make some investigation or inquiry.

The presumption was correct and over an hour was allowed to flit by into oblivion ere there was a return into court by the attorneys. In the secret conferences held in the court's private office all of the attorneys participated at times. The promised sensational revelation came with refreshing strength when it developed in a short time that the discussion was over Juror A. B. Norton. The state was fortified with a number of affidavits to prove that Norton, prior to the beginning of the trial, had expressed an opinion. In fact he had launched upon the public a number of opinions. One of them was to the effect that Mrs. Sheedy was guilty and deserved to be hung. Another was that both were guilty, while to still another he had said that "he would hang the d--d nigger and let the woman go free." These affidavits were kept among the attorneys for some time, but it was apparent that a storm was brewing in the little room where the conference was being held. The state wanted the juror removed and didn't wish to exercise its sole remaining challenge in that direction. The defense insisted that the state exercised its challenge for his removal.

The jury was removed from the court at the request of counsel and Mr. Lambertson entered the following motion:

"We move to exclude the juror, A. B. Norton of Davey, for the reason that he has formed and expressed an opinion touching the guilt or innocence of the accused--both of them--at numerous times, which fact was not disclosed in his examination in the voir dire. And notwithstanding the fact that he swore on that exrmination that he had not formed or expressed any opinion, that he had not read the newspaper account except stray sketches; that he had not read what purported to be the confession nor the testimony taken either at the preliminary hearing or before the coroner's jury, and in support of that motion I have six affidavits.

These affidavits were then read by the speaker and were certainly of a startling nature, two of them being as follows:

"G. A. Sawyey, being first duly sworn on oath says that he is a resident and citisen of Rock Creek precinct and has been since 1887; that he has known one A. B. Norton, who is now on the panel of jurors, in the above entitled case, for three years or more; that on or about the 1st day of May, 1891, said Norton had a conversation with this affiant when they were on their way home from the city of Lincoln; that at said time said Norton had been drawn and served as one of the special panel from which a jury in said cause was to be chosen; that said Norton said he was agoing to serve on said jury, if possible; that a man in the city of Lincoln had told him that there was $500 in it, and that he would hold the jury until he got money for his verdict; that the Sheedy's were rich and that if they could convict Mrs. Sheedy they would get the money, and that he was agoing to have a part of it."

"R. B. Crawford, being first duly sworn, says that he has lived in the twon of Davey about two years and in the county since 1871, excepting three years; that he is acquainted with one A. B. Norton, who is now one of the panel of eleven chosen in the above entitled case, and has known him for about eighteen months; that the same day that said Norton got his summons to appear as a juror in said cause he was at the blacksmith shop of this affiant in the twon of Davey; that said Norton told this affiant at said time and place that if he could get to serve on the Sheedy jury he would make some money out of it; that this affiant supposed from what Norton said and the manner of his saying it, that he would take money for his verdict from either side that would pay him for it."