Gilded Age Newspaper Articles

MONDAY'S CONFESSION GOES

JUDGE FIELD DECIDES TO ADMIT IT.

The Defense Sustains Defeat Upon the First and Most Vital Point Raised in the Case.

Not to Weigh Against Mrs. Sheedy.

The first great clash of arms in the Sheedy case has brought to the defense the most disheartening defeat. Both branches of the defense have fought with the full vigor of their legal ability and attainments to prevent the use of Monday McFarland's revolting story of the means by which he was induced to undertake to compass the death of John Sheedy, and they have met with signal failure. This was the most vital point at issue in the case, outside of the final verdict, and has been contested by counsel ever since ex-Mayor Graham took the stand Tuesday afternoon. The particular confession of the three the darkey appears to have been made was the one made in the presence of Mayor Graham, Marshal Melick, Officer Malone, Dennis Sheedy and Reporter Wheeler on the day following his arrest. Monday was arrested Saturday evening and appears to have given some inkling of his knowledge of the tragedy, if the defense is correct, before Sunday morning, which it is claimed by the defense was a confession. Then on Sunday he made the confession published at the time in this paper. Still later he went before the coroner's jury and repeated the story. The state was prepared to offer the third confession had they been knocked out on the second, and contended that no prior confession had been made, although Monday had made some damaging admissions the night of his arrest.

The court room Wednesday began to show the intense interest that has marked the Progress of the great case since its inception on the evening of January 11 last. The seats allotted to the public were all taken, and crowds of men and women stood up around the walls and in the aisles. Even the railed enclosure encircling the court was filled with attorneys , court attendants and privileged spectators.

Mrs. Sheedy's faithful relatives. her trio of dark-eyed, well-dressed sisters, her grave, looking uncle and her brother-in-law, Mr. Baker of Western, eat with her all through the long and trying day. One needs not to be told that the four women who sit in solemn row facing the court, with their backs to the audience, are sisters, for the fact is plainly revealed in their faces.

The demeanor of Mrs. Sheedy revealed no change from that of the last two days until just before adjournment, when she was apparently appalled by the decision of the court that she must to-morrow sit in that solemn circle and listen to the reading of the horrible story told in Monday McFarland's confession. She evidently realized that the first hopes of her tireless counsel had been shattered, but although her face bore the hue of death, not a movement of her eyes or lips betrayed that she even realized the significance of the court's important ruling. Her step was just as firm and her carriage as carelessly defiant when she was led from the room by her uncle as if she was simply a spectator.

Monday McFarland wore the same sorely troubled expression all day yesterday that had been perceptible on the previous day. When he came into court at the noon hour he wore a new light-colored summer coat, and looked generally more presentable than he has heretofore. The fact was explained when it was discovered that an intelligent looking colored gentleman and lady sitting just behind him were his sister, Mrs. Cynthia Middleton and his uncle, George True, both of White Cloud, Kansas. Monday's mother had been unable to come. When court adjourned Monday and his sister sat for some time in the jurors chairs engaged in earnest conversation and finally left for the jail together, Monday clinging to his sister's arm and conversing with her in a low tone, while Jailor Langdon followed at the distance of a few feet.

Mr. Carder Tells About Malone.

W. W. Carder was the first witness sworn and when questioned by Mr. Weir said that he was acquainted with John Sheedy in his lifetime. In January last was captain of police; was present when Monday McFarland was brought in by Malone and was kept in the marshal's office for some time ere he was turned over to witness. Two or three officers took him from the marshal's office to cell No. 1; didn't know whether Malone went in with the prisoner, but he was there and was in conversation with Monday; witness heard Malone say "they'll get you before morning;" witness wasn't sure but what he sided in with Malone a little bit; there was also a remark made that "they're coming up now and there are about fifty of them, but they are waiting until they get a hundred." The ability of the police to stand them off was discussed in Monday's hearing. McFarland appealed to witness to protect him, and witness assured him that he could protect him; Monday said he didn't have any confidence in the police, as he believed they stood in with the mob. Malone started the conversation. Witness thought McFarland was either badly scared or under the influence of whisky. There was another conversation toward morning intimating that the mob was on the outside; didn't recall that Malone said anything about hanging, but the inference to be drawn was that the mob proposed to hang the prisoner. One conversation occurred about 4 a.m.; witness and Malone were in the corridor talking to Monday when some noise was heard in the office and Malone intimated that the mob was coming; witness thought it was then Monday expressed his lack of confidence in the police; witness repeatedly assured the prisoner that he would not be injured; Monday had not at that time made his confession, or at least the published confession.

Cross-examined by Mr. Hall: There were other officers there who could see and hear everything that was going on; the interviews with Monday were very brief. the officers just walking in now and then and saying a word or two; there were no conversations of any duration. Witness remembered a conference between Monday and Officers Kinney and Malone; witness sent Officer McBrien into the cell; when witness went in he was frozen out; he remembered having said to Monday, "They have scared enough out of you already to hang a dozen men and you're a d----d fool if you don't keep your mouth shut." Witness said that because if Monday said anything he had a right to know it; no one had any more rights there than the witness; had had some conversation with the prisoner himself during the night in reference to his connection with the murder if John Sheedy; hadn't scared it out of Mondy by a darned sight. Malone did not go into Monday's cell; they talked to the prisoner through the cell door. Think that Officer Splain and one other officer were within six feet during the conversations had with Monday, but didn't think they could hear what was said; think they might have heard some of it; Monday said to witness that if the mob hung him it would hang an innocent man, as he had had nothing to do with it on earth; didn't know that he made any confessions or admissions to Malone while locked up that night.

"What did he say," asked Mr. Weir. "of there having been a job put up on him?"

"He said there was a job put up on him. He didn't say there was a job put up on him, but that he was in with a job."

"There is not the best of feeling existing between you and Malone, is there?" said Mr. Hall.

"Not the best on earth; I can give you reasons for it if you wish."

"Never mind your reasons,"

"I would like to give you my reasons and they are mighty good ones, too."

Sam Melick Sworn.

Ex-Marshal Melick was sworn and said that he was one of the men who arrested Monday McFarland. He was not really placed under arrest until after the first conference in the marshal's office; the officers met him at the stairs leading to Monday's shop and told him they wanted to have a conference with him. When they had taken him to the marshal's office witness told him that they had evidence enough already to convict him of the crime, and if there were any one implicated with him it would evidently go easier with him to tell who they were; witness did not tell McFarland that he under arrest.

The witness gave a number of questions which had been asked Monday, but was not permitted to give the answer, relating to the purchase of the cane at Goldwater's; witness had then said to Monday, "come with us up to the office; we want to have some more talk with you about this." The darkey's talk at that time was in the nature of a general denial; he made no confession, but admitted some facts connected with the case.

This closed the evidence of the defense to show that Monday was coerced into his confession.

The state called Dennis Sheedy in rebuttal. Witness said he was a brother of the deceased and was present at the time of Monday's confession; had been invited there to hear the confession. The following proposition was shown him and he identified it as one made by him, but withdrawn at the request of Mayor Graham:

"I think you had better for your own good, if you want to save your own life, show this thing up. You have told enough already now in this matter to satisfy us who killed him. Now you can turn state's evidence, and in all probability they will let you off with your life. That is my opinion. It will undoubtedly be much easier for you anyhow to associate the others that are more guilty than yourself in this matter."

The witness said that the other questions or propositions complained of were not propounded by him: said that at the close of the confession, at which witness was present, Monday had asked which one of those present was Dennis Sheedy; Marshal Melick pointed the witness out; Monday approached witness and said, "I killed your brother."

This raised a chorus of disapproval among attorneys and the latter part of the answer was stricken out, witness meantime apologizing for having said it. Witness identified the latter part of the confession as heretofore published. He said that Mayor Graham several times cautioned Monday that he wanted his confession to be free and voluntary; thought he said it several times, cautioning him that it might be used against him; there was more said at that confession than the stenographer's report shows, and Mayor Graham had cautioned Monday that he wanted his confession to be free and voluntary; thought he said it several times, cautioning him that it might be used against him; there was more said at that confession than the stenographer's report shows, and Mayor Graham had cautioned Monday early in the conversation.

James Malone Knew Carder

When the state called James Malone to the stand Mr. Philpott objected to this witness being permitted to testify as he said he had violated the rules of the court by listening through an open door on the testimony of Mr. Graham and had been discovered in the act by the speaker. He said Malone had also allowed himself to be interviewed on the case. The court overruled the objection. Mr. Malone was sworn and said he knew Monday McFarland and W. W. Carder; witness was not in McFarland's cell on the Saturday night of his arrest; was in the corridor once while McFarland was in the cell; had no conversation in regard to a mob at that time and Carder was not there at the time; didn't think Monday said anything; witness didn't stay but a minute, and was with others; next saw Monday McFarland Sunday morning Officer Kinney came to witness and said that Monday wanted to see him; Captain Carder said that he could not see him, but witness went in and and along with Kinney had a talk with Monday; Carder came in shook his finger at Monday and told him to keep his month shut; it was on Sunday morning that McFarland had expressed fear of being mobbed, but not during Saturday night. Cross-examined by Mr. Strode the witness continued that he had not mentioned mob to Monday during that Saturday night.

"Were you not a witness at the coroner's inquest?

"Yes, sir."

"Do you know Frank R. Waters?"

"No, sir; not by name."

"Did you not say, during that inquest, to Frank R. Waters, when he asked you how you got Monday's confession out of him: 'At first he refused to tell a thing; but we told him that Mrs. Sheedy had given up the whole d---d thing, and that the mob was coming?' "

"No, sir; I did not."

"And didn't you say to B.F. Pinneo, when he asked you as to how you had got the story out of Monday, that you had put him in the sweat box, and after you had asked him whether he would prefer to be hanged by the neck or some other portion of his anatomy, which I will not now mention, he gave the thing away? Did you not say that, or words to that effect?"

"No, sir; I knew that Pinneo had been sent to pump me, and so informed Marshal Melick at that time, and I was very careful to say nothing of the sort."

"Do you swear you did not tell that to either of these parties?"

"Yes, sir; I never told nobody how I got the confession."

"You and W. W. Carder," said Mr. Hall, "are not on very friendly terms are you?"

"No; we are very distant at present, and have been ever since a short time before the killing of John Sheedy."

The Afternoon Session.

Immediately after dinner Frank R. Waters was sworn to impeach the testimony of Officer Malone. Witness was an attorney and knew Jim Malone: had a conversation with him after the coroner's jury was empanelled and before the return of the verdict relating to the manner in which Monday's confession was secured. Had asked Malone how he got the confession, and Malone replied in effect that Monday had declined to tell at first, but that Malone had made him believe that Mrs. Sheedy had told the whole d---d thing and that the mob was after him, and had thus scared it out of him; witness could not say positively where he was when Mr. Malone had told him that, and didn't think he could give Malone's exact language. Witness was then a member of the coroner's jury, and believed that it was told him the above about the time that Monday was before the coroner's jury, and in the coroner's jury room. Witness was not sure as to when or where Malone said it, or whether or not anyone else was present, but was sure Malone had so informed him: had volunteered the information to Mr. Strode a few days since from a sense of duty.

B. F. Pinneo was called to rebut the testimony of Malone, and Mr. Hall objected to him on the ground that he had been in the room during the taking of all the testimony. The court intimated that the challenge was just and his remaining in the room was in strict violation of the rule. The attention of the defense had been especially challenged as to Mr. Pinneo, and the defense said that he was not a witness, wherefore he was allowed to remain, although Mr. Snell had called attention to the fact that a subpoena had been issued for him on behalf of the defense. The court did not think the defense had acted fairly in the matter, but he didn't feel like ruling out any testimony for that reason. but should any other witnesses be found to have been in the room during the taking of the testimony they would not be permitted to testify.

Mr. Snell said that after the objection had been raised to Pinneo's remaining in the room the officer had been instructed not to serve the subpoena upon him. so that he might continue to remain in the room.

Mr. Lambertson said he did not ask that the rules be enforced in regard to the immediate relatives of the defense.

Stenographer Wheeler was called back to the stand by the state and asked by Mr. Hall if he had his stenographic notes of that confession with him in court. He replied that he had and was asked to read them.

The defense objected on the ground that a confession was admissible in evidence against an accused only when freely and voluntarily made; it must relate to the prisoner and his connection with the crime charged; it is inadmissible if obtained through threats or promises of immunity. Mr. Stearns spoke at considerable length, citing many authorities in support of his position. He also contended and cited authorities to show that when a confession has once been obtained through hope or fear, the subsequent confession is inferred to come from the same motive, although there may be no immediate evidence of coercion as to the latter confession, the burden of proof being upon the state to show that it was entirely free and voluntary, made after he had been warned of the consequences. He contended that Monday had been led to believe that it would be better for him to make this confession, and that a mob was intent upon lynching him, and that the prisoner was excited by fear or intoxication.

Judge Weir of counsel for defense then spoke in the same vein and dwelt upon the susceptibility of the ignorant, illiterate Monday McFarland to such influences, and contending that his mind was not free and the confession not voluntary. He dwelt upon the testimony of Carder to the effect that Monday was incited to violent fears by the belief that a mob was being formed, and contended that on that momentous Sunday morning when Monday told his story every inducement was offered him, such as assuring him that to save his own life, and to better his condition, he should tell all. Judge Weir talked for twenty minutes, and Mr. Woodward handed in a lit of authorities.

Mr. Hall, for the state, said that every confession stands upon its own merits, being surrounded by different circumstances, and no rules of law would apply to any considerable number of confessions. He said the counsel had been very general in the remarks and hand to told just was promises and threats had been made. In order to exclude a confession it must appear that a confession is a direct result of promises or threats. If the mind of a criminal must be cool, calm and impassioned when an admissable confession is made there would never be a criminal's confession admitted in testimony. There was nothing to show that the confession at issue was the result of promises or threats. He contended that nothing that could be construed to be a promise or a threat had been proven, and if the propositions to which objections were advanced were ever made, no confession appears to have followed. The speaker rubbed the credibility of Mr. Carder pretty severely and said that if Malone had talked of a mob that night, which was denied, and had frightened Monday, then would have been the time for him to make his confession if he had made it through fear and not wait until the next day at noon. He further called attention to the fact that Mayor Graham had been called to hear the confession and that Monday had evidently already made up his mind to tell the truth. The test of a promise or threat sufficient to render a confession inadmissible is whether or not it is of such a nature as would induce him to tell an untruth. There must be a positive promise of immunity by a person having authority in order to exclude a confession. Mr. Hall quoted extensively from authorities in support of his propositions, and spoke for fully an hour.

Near the close of his address Mr. Hall in contending for the admission of the confession, said that were it admitted when it should not be, the defendants would have their remedy in a higher court.

Mr. Strode interrupted the speaker with a request that that remark be reduced to writing and that the court instruct the counsel that he had done wrong and very wrong in making the statement to the jury.

The court said he saw no ground in the statement that would justify a rebuke, but that it would be as well if it had been unsaid.

Mr. Strode then dictated to the reporter what Mr. Hall said, but in other words.

Mr. Hall denied that he had made the statement which Mr. Strode quoted him as having made, and he protested against the reporter putting in the records anything which he had not said.

"Well, repeat it," said Mr. Strode.

"Inasmuch as counsel for the defense objected so strenuously to the statement when first made, I don't think I would be justified in repeating it."

"Do you remember the statement?' asked Mr. Strode of Reporter Wheeler.

The latter hadn't retained it.

"I ask the court whether or not what I' have quoted was not the substance of what Mr. Hall said?"

"The court cannot advise you," replied Judge Field.

The storm blew over without further damage.

Judge Field admonished the attorneys to cut short their addresses. He didn't desire to interfere with the desire of counsel to make good speeches but he couldn't permit such extended discussion of every question presenting itself.

Mr. Lambertson said that under that understanding he would say nothing.

Mr. Woodward of McFarland's counsel them took a whack at the inadmissibility of his client's confession and devoted over an hour to an impassioned discussion of the promises to Monday embodied in the evidence, held out to induce him to tell his story. He quoted in addition to what is heretofore given, the statement made by Carder that Malone had said to Monday that Saturday night, "I'll get you before morning. He went over all the evidence to show what had been said calculated to frighten Monday or lead him to hope for clemency, and cited equally numerous authorities to show that Monday's story was therefore not competent evidence. Every proposition of law advanced by Mr. Hall was met by numberless authorities. But the argument was without avail, for at its close Judge Field ruled against him.

The Confession is Admitted.

In handing down his decision the court remarked, amid the most impressive silence:

"There is no doubt that this is the critical point and the important part of this case. If I had any doubt in my mind as to the course I should pursue I should not render an opinion at this time, but as it has been evident that this point of the case would come u[ on the trial, I have investigated the law pretty thoroughly and my view of the case is entirely settled. It being so, I see no reason for hesitating in the ruling. The law as I understand it in this state on a confession is about as has been stated by counsel, and especially by Judge Wier. I think he stated the facts very fairly, that the case is to be presented to the court to determine whether or not the confession should be submitted to the jury. If the court is of the opinion that the surroundings in the case and of the confession are such as to be entirely improper, then the court should exclude the confession and not submit it to the jury. If the court is of the opinion that the confession and all the circumstances attending and surrounding the confession should be submitted to the jury, it becomes a matter for them to pass upon as to whether or not the confession was made voluntarily and without inducements, as much as any of the other evidence. I am clearly of the opinion that this is admissable to go to the jury. Therefore I overrule the objection."

Exception by both defendants.

Mr. Strode: "Upon the part of the defendant. Mary Sheedy, we object to the admission of this alleged confession of Monday McFarland for the further reason that it was not made in her presence, but was made, if made at all, without her knowledge and assent, and cannot be in any way binding upon her,and cannot be received and put in evidence against her." Overruled. Exception.

Judge Field, in reply, said: "I see no way when two persons are charged and tried together, of using evidence against one and excluding it as against the other. That, however, will be covered by instructions. I will note the objection to the introduction of the confession and cover the question of its relevancy by an instruction."

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Gage county will add to the buildings on their poor farm.

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Articles of Amendent to the Articles of Incorporation of the Lincoln Electric Railway Company.

Public notice is hereby given that on the 16th day of April 1891, at an adjourned meeting of the regular annual meeting of the share-holders of the Lincoln Electric Railway Company, the articles of incorporation of the said Lincoln Electric Railway Company were amended as follows: That is to say, so that the capital stock of said corporation shall be $100,000 of preferred stock on which 7 per [?accumulative] dividends shall be guaranteed by the corporation; and $100,000 of common stock, which may be two-thirds vote of all the stock subscribed be increased, as may be necessary for the purpose of constructing or improving the street railway lines of said corporation or extending its business.

Said articles of incorporation were also amended by providing that the capital stock of said corporation shall be payable in the full when issued: and by providing that the indebtedness of said corporation shall at not time exceed two-thirds of its authorized capital.

Witness our hands this 18th day of April, 1891.

[CHAB.?] A. CLARK, President.

Attest, C. J. ERNST, Secretary.

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Sheriff Sale.

Notice is hereby given that by virtue of an order of sale issued by the clerk of the district court of the second judicial district of Nebraska, within and for Lancaster county, in an action wherein A. Barnes and E. A. Barnes, a firm doing business under the style and firm name of A. Barnes & Son, is plaintiff, and Janes G. Hutchins, Charles H. Hutchins, John A. Brown, W. D. Thachars, L. A. Kensky, Humphrey Bros. Hardware company, Plummer, Perry & Co., Milton L. Trester, Zach Hammel, F. W. Kruse, Harry A. Poston, Baldwin Bro's, A.M. Davis & Son, Hooker & Orr, G. W. Closson, Farmer's Insurance Co., Edele Bros., A. W. Morris, Hamilton Brown Shoe Co., William H. Tyler, Edson Rich, Simon & Kohr, P. Jesserand & Bros.,Lee, Clark, Anderson Co. W. F. Blanchard & Co., A. L. Shader, Samuel J. Tuttle, are defendants, I will at 2 o'clock p. m., on the [t26h?] day of May, A. D. 1891, at the east door of the court house in city of Lincoln, Lancaster county, Nebraska, offer for sale at public auction the following described real estate to-wit:

Lot eighteen (18) in Bogg's and Holmes' sub-addition to Lincoln, Lancaster county, Nebraska, being a part of section twenty-five (25) in Town ship ten (10) north of range six (6) east of the sixth P. M.

Given under my hand this 16th day of April A. D. 1891. SAM McCLAY, Sheriff.

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Notice to Creditors.

In county court, within and for Lancaster county, Nebraska. May term, 1891, in the matter of the estate of Edward P. Cagney deceased.

TO THE CREDITORS OF SAID ESTATE:

You are hereby notified that I will sit at the county court room in Lincoln, in said county, on the 21st day of August, A. D. 1891, and again on the 21st day of November. A. D. 1891, at 2 o'clock p. m., to receive and examine all claims against said estate, with a view to their adjustment and allowance. The time limited for the presentation of claims against said estate is six months from the 8th day of May, A. D. 1891, and the time limited for payment of debts is one year and six months from said 8th day of May, 1891. Notice of this proceeding is ordered published four weeks consecutively in THE WEEKLY NEBRASKA STATE JOURNAL.

Witness my hand and the seal of said county court, this 8th day of May, 1891.

W. E. STEWART.

County Judge. _____________________________________________

Notice.

Logan A. Nuntin and R. W. Stareart, defendants, will take notice that on the [1?th] day of March, 1891, plaintiff filed his petition in the district court of Lancaster county, Nebraska, against said defendants impleaded with Lucian A. Payne. the object and prayer of which are to foreclose a certain mortgage executed by Lucian A. Payne to Henry C. Malone and assigned to plaintiff upon lot (3) in block (4) in Knob Hill addition to Lincoln, to secure payment of two promissory notes dated April 11, 1888, for $75 each, due September 10, 1890 and 1891 respectively. There is now due on said notes and mortgage $150 with interest from September 10, 1890.

Plaintiff prays for a decree that defendants pay the sum or that said premises be sold to satisfy said debt.

You are required to answer said petition on or before the 1st day of June, 1891.

Dated April 27, 1891.

JOSEPH R. WEBSTER, Plaintiff. _____________________________________________

Notice to Contractors.

Notice is hereby given that sealed bids will be received at the county clerk's office is Chappell, Neb., up till 12 o'clock, mountain time, the 30th day of May, 1891, for the construction of one pile bridge across the North Platte river in Park precinct, Deuel county, Nebraska.

All contractors to furnish plans and specifications. Commisisoners reserve the right to reject any or all bids.

Dated at Chappell, Neb., May 2, 1891.

[SEAL.] KD. HEMINGTON,

County Clerk Deuel County, Nebraska. By order of County Commissioners. _____________________________________________

Notice to Contractors

Notice is hereby given that sealed bids will be received at the county clerk's office is Chappell, Neb., up till 12 o'clock, mountain time, the 30th day of May, 1891, for the construction of one pile bridge across the North Platte river in Sughrue precinct, Deuel county, Nebraska.

All contractors to furnish plans and specifications. Commisisoners reserve the right to reject any or all bids.

Dated at Chappell, Neb., May 2, 1891.

[SEAL.] KD. HEMINGTON,

County Clerk Deuel County, Nebraska. By order of County Commissioners.

THE STATE RESTS AT LAST

ON THE FIFTEENTH DAY OF THE TRIAL.

McFarland's Third Confession, Made at the Coroner's Inquest, Read to the Jury.

The Testimony of Mrs. Sheedy Before the Coroner is Also Read Mrs. P. H. swift Proves as Interesting but Somewhat Unwilling Witness

A Meet Trying Ordeal Passed.

No one was heard expressing any envy of Myron E. Wheeler, who reported Monday's confession, and who, as a witness, was called upon to read it. Much to the disappointment of the crowd outside the railing the witness moved his chair over to a point just in front of the jury, and when the parts to the confession were reached, which were not fit for public utterance, he lowered his voice so that none but the jury could distinguish what he was saying.

The defense on behalf of Mrs. Sheedy again interposed objections to the reading of the confession on the ground that it was made, if made at all, without the knowledge and not in the presence of Mrs. Sheedy: that it was obtained by promised of immunity, threats and intimidation, and that no proper foundation had been laid for its introduction.

The most impressive silence reigned when the witness started in on the long type-written revelation of the methods and details of the crime. To JOURNAL readers the details are more or less familiar, so that no minute repetition is necessary here. It told how for years Monday had been employed at the Sheedy home to dress Mrs. Sheedy's hair; how up to her return from her sojourn at a medical institute in Buffalo, N.Y., he had never noticed anything out of the way in her deportment; how a few months prior to the tragedy she began to make affectionate advances toward him and finally made to him the proposition which to most of those who have read his story has made it seem improbable; how he availed himself repeatedly of the proffered privileges and became infatuated with the woman. If related that the first time this relation was sustained no intimation was given of the devilish design which, the narrator afterwards conceived, was the price of the favors accorded him; that it was the second occasion of their intimacy when Mrs. Sheedy revealed to him her infatuation for Walstrom, who, she said, was coming about Christmas to take her away, and told the darkey that she wanted her freedom; that her husband did not treat her well, that he call her vile names, that he had threatened to kill her and that she had not sustained widely relations with him for a year. It told how she swore the negro to secresy and told him she would kill him if he ever revealed the proposition she would make to him; how she offered him $5,000 [?][?] her the freedom she craved. How she generously improved the offer by telling him she would gladly double the amount if she got $50,000 of her husband's possessions along with her freedom that she would give him $500 or $600 the day after he had done the work, and buy him diamonds, a horse and buggy and clothing and set him up in business; how she only asked him to lay Sheedy upon the bed and she would do the rest with a liquid which had been given her by Dr. Fuller. It told how revolting the proposition was to the narrator, but how the reward overcame his scruples in spite of the fact that he esteemed John Sheedy to be his best friend; how Christmas was fixed upon by her as the limit of time she would give him to do the fatal work; how she coaxed him by her favors and proffer of money and urged him by telling him that if he did not do it another was ready to earn the money; that Walstrom wanted to do it. It told how threats were resorted to when persuasion appeared likely to fail because of the negro's professed lack of nerve; how she even beat and abused him and assured him with drawn revolver that she would kill him and how she induced him to watch one evening near her residence to see her take a walk with the lover who wanted to do the job if Monday failed. It told how she grew more imperious in her demands when Christmas and New Years passed with the deed undone, and how he finally made the first attempt by shooting, which failed. The narrative recited in detail how Mrs. Sheddy subsequently, at her own home, upbraided, abused, beat and threatened to kill him, at the same time permitting him to enjoy her favors and asking him for assurances of his affection. Then it was, the story goes, that she concocted the plan which was to prove more successful than the first. Monday was to secure the cane and strike Sheedy down at his own door, her part being to give the signal that he was coming out by raising the window curtain. It showed how she besought the darkey to inflame his courage with whiskey and how she even gave him a goblet of it at the back door while the unconscious victim of their plot was in the house. The story contained a detailed account of how he struck the blow as designed, dropped the cane, fell as he attempted to fly from the porch and ran away thoroughly imbued with the idea that one of his victim's bullets had overtaken him. It relates his subsequent proceedings just the officers have since traced them out, and tells how he went to the Sheedy house the next day for his money, but was denied admission by Mr. Courtnay.

The reading of the confession consumed upwards of an hour, during which, it is perhaps superfluous to remark, the most perfect order was observed by the audience. The members of the jury bent forward eagerly and their hands frequently supplemented the lobes of their ears in efforts to corral every word of the salacious recital. The attorneys sat resignedly drinking in every utterance of the rapid reader, although each of them probably had studied them until they had them almost committed to memory.

Police Officer William Spain was then called, and testified that in January last he was a police officer and was acquainted with Monday; had a few words with him on the Sunday morning after he was arrested and the evening of the same day, after he had made his confession; as the officer passed his cell Monday said: "That's what I wanted to tell you; I would have given it all up to you if you had come;" he had asked to see witness the previous evening. Witness also had some conversation with him at two or three different times during the first night of Monday's incarceration; witness was in the corridor and Monday in his cell; Officer Malone also talked to

10 WEEKLY NEBRASKA STATE JOURNAL FRIDAY. MAY 22 1891

Monday that night; Monday just said one or two words to witness each time; witness did not caution the prisoner that what he said might be used against him. Soon after witness went into the corridor at 1:15 "Monday was restless and walked around the cell. Witness said:

What's the matter, Monday?"

"I'm afraid."

Witness reassured him and at about 6 o'clock that morning Monday asked him to come into the cell, as he wanted to give up the whole thing: witness went out into the office to get the key, but W. W. Carder was there and he didn't suppose it was any use to ask him for the key, and did not go in to see Monday.

"What did you hear Jim Malone say that evening about a mob?" asked Mr. Hall.

"Not a word."

"Had he said anything, were you so situated that you would have heard is?"

"I certainly would."

"When Jim Malone came in there was Officer Carder with him?"

"No, sir."

"Wasn't with him at all."

S.M. Melick was called and examined as to the conversation he had bad with Monday on the Saturday evening of his arrest concerning the cane. Monday had said that a man who got shaved at his shop had asked him to go to Goldwater's shop and buy a cane that was in the window. Monday had done so and wrapped the cane in a piece of paper; be didn't know the man, but he claimed to be from the Black Hills.

Witness then went out of the court room and got the cane with which the blow was struck. He testified that he had showed the cane to Monday and asked him if it was the one he had purchased for the stranger; Monday said it was at first, but afterwards said it was just like it.

[Lamberisen?] Wouldn't Take a Dare.

Officer Kinney was next called and testified that he was on the Burr block corner with Officer Otto, on the evening of the assault upon Sheedy; heard the shots fired; thought there were five of them ran north when the shooting occurred; Otto ran with him; they ran past the alley; they turned around and ran up the alley; the shots had all been fired when they reached the alley; met a man named Krause who said, "I think he ran up the alley," witness ran clear through the alley to Thirteenth street; witness then returned to the house and investigated the premises; went to Skinner's barn and got a lantern; found a cane lying upon the porch on the east side of the house; went in the house; the first man he met in the house was Courtnay; found some shot holes in the lattice work beside the porch; saw Sheedy at the time the doctors were dressing his wounds; Officer Bob Malone was there; Mrs. Sheedy was there; she went into the room where he was. Did not hear her make any outcry at that time, but thought he heard a woman scream when the shooting occurred.

Witness identified the cans, which was then offered in evidence, the defense protesting that it had not been sufficiently identified.

Colonel Philpott cross-examined minutely as the exact position in which the cane was found, whether or not there had been time for some one else than Monday to put it there and how light it was at the time.

He also endeavored to ask him questions concerning the confession of Monday McFarland in the cell on Sunday morning.

The state objected, as the witness had not testified in respect to that on his direct examination. The objection was sustained.

"If the defense wishes to make this witness their own and go in to that point we are willing to go with them," said Lamberston.

Colonel Philpott whispered a few moments with Stea[rns?], and then turning toward Lamberston with fire flashing from every lineament of his features, he exclaimed, while pounding the table with his fist:

"I can call this witness as my own at any time I wish to into that branch, but we are ready to go into that point if you are. Examine him on that point if you dare." and he fairly glared at Lamberston as he concluded his emphatic defy.

There was a gleam of humor in the eyes of Mr. Lamberston as, with compressed lips, he seemed to be mastering a conclusion. He interrupted the witness as he was about to leave the stand, and the most impressive silence reigned as the state's counsel addressed the officer.

"Mr. Kinney, just go ahead and tell us all about what occurred between you and Monday that morning."

"We object," chimed in Colonel Philpott. "Ask him your questions."

The witness went on to tell that soon after he had gone on duty that morning in the corridor Monday told him he had something to tell him in the cell. Witness went into the office where Carder and Malone were and told them what he had said, suggesting that it would be well to ascertain what he had to say. Carder declined to give up the key, saying that the mayor had left positive orders that no man should be permitted to go into Monday's cell. Witness replied that he favored obeying the mayor, and returned to the corridor. Soon afterwards Malone secured the key and came in, saying that he had charge of that prisoner, and the latter then made a confession.

"Go on and state what he said," said Mr. Lamberston.

"Well, he told a story substantially as It is given in that written confession."

"Well, tell us what he said."

It was evident that the defiance of the defense had been too much for the state to brook, and was certainly resulting in a recital of another confession by the funky prisoner.

The witness rep[?]sted Monday's story, as told to him and Malone that Sunday morning, prior to the confession to Mayor Graham and others, substantially as follows:

He said he had offered some money by Mrs. Sheedy; that the end was near with him either way and he was going to tell it; he had been doing some work for Mrs. Sheedy; that she had asked what he would do for $5,000, which he said was a large amount for a poor man; she wanted him to be a friend of hers and help her get her freedom; she also spoke of Walstrom; he said he would think the matter over; she made a proposal to him and he accepted it; she wanted it done about Christmas, but his courage failed him: she said she would get somebody else; just before this assault he went to her and told her he couldn't do it; that he got down on his knees and implored her mercy; she got a gun and said she would shoot him; told how he had sustained an intimacy with Mrs. Sheedy and when his word was questioned directed witness to go to his shop and he would find the hair in a match box. Witness and Marshal Melick went together and got the har, and got a ring he said she had given him at a pawnshop on P street next to the Hurlbut block. He told of Mrs. Shandy's meeting with Walstrom [?] P street and said that Mrs. Sheedy told him that Walstrom wanted to do it if McFarland didn't. Subsequently, he told witness that he struck John Sheedy with a cane, and that Mrs. Sheedy had said that if Monday would get Sheedy on the bed what would do.

Witness said that they were interrupted by Carder during Monday's confession, about the time he was telling that he was to get the $5,000; Carder pointed his finger through the bars at Monday sad said: "You had better keep your mouth shut: you have told enough now to hang you; you are a fool."

Witness said that he put most of the questions to Monday; that Malone did not talk very much and was not there all the time.

When examined by Colonel Philpott as to the inducements used to bring out Monday's story, the witness admitted that he had said that it would be easier for him if he told all of it, so that he would not bear it alone, but that nothing further had been said. He believed this had been said after Monday had told the most of the story. The prisoner was very nervous and asked witness if there was any danger of a mob and the latter replied that no mob would get at him unless it passed over the dead body of the witness. After the confession above narrated Monday had asked witness to get him his banjo.

"Are you sure it was a banjo?" asked Colonel Philpott.

"I think he said his banjo."

"Might it not have been some other instrument?"

"I'm pretty certain it was a banjo."

"Suppose we show that he never had a banjo and couldn't play one?"

"Well, put him on the stand and show it," chimed in Mr. Lamberston in a tone of bantering humor.

It is suspected from the remark that Mr. Lamberston would very much enjoy having Monday on the stand for awhile.

Hyman Goldwater, pawnbroker, of 211 North Ninth street, was the first witness called. He identified the cane offered in evidence as one purchased by Monday McFarland; knew Monday since last January; had got the cane in 18[?]8; his boy bought it from a man who brought it from the penitentiary and who said he made it himself; sold the cane once to C.B. Taylor, but got it back and carried it while he was having some trouble with a man named Angel. The head had come off and his boy mended it with some nails, by which he could identify it. Monday came after the cane once in December but witness could not find it; came again in January between the 1st and the 10th and got it, paying 90 cents for it, leaving a balance of 10 cents due. That was only a few days before Sheedy's murder. Saw it again and identified it about three days after the murder. Carder once claimed the cane as one he had lost, but it was a mistake.

Caroline Coil, colored, wife of Charles Coil, the barber, was acquainted with Monday McFarland; lived at Twenty-third and P Streets in January; Monday lived near; witness passed Sheedy's residence every week, always from 7 to 7:30 p.m., delivering clothing; remembered that John Sheedy was struck on Sunday; didn't see Monday that day; didn't know whether she had on the day before; had met Monday several times in the evening about Thirteenth and P; met him once west of the Sheedy home; met him nearly every time she went along there. Once he walked across the street to the other side and stood behind two posts; generally had his coat collar turned up; sometimes he had on a hat and sometimes a light cap; saw him Saturday morning before the murder and had kind-a laughed at his walking with a cane when he had on pants that were too short; saw Monday on Monday after the Sheedy assault, he was drunk; next time she saw him he came to her house after his wife.

Mendel Goldwater was called and sworn. He is a son of the pawnbroker. He said that at about 2 o'clock on the afternoon of January 6, Monday McFarland came into his father's shop and wanted to buy a cane; witness identified the cane [entire line?] sold to Monday; his father had asked Monday $1 for it; Monday handed him 90 cents and said, "I'll always owe you the 10 cents." Next saw the cane four or five days after the Sheedy murder. He identified it by the peculiar nails and tacks driven in it by himself to fasten on the knob and by other peculiarities.

Witness also related that on the day after the murder he had read that it was done with a heavy leather cane; thought that it might be the same he had sold and wanted to go and see; his father opposed it; he waited several days and went of his own accord to the police station and asked to see the cane. Carder declined to let him see it. Malone came in and showed it to him. He identified it and Malone told him he would give him half of the $400 reward offered if he would show him the man who bought. Witness showed him the man; didn't know his name until he read it in THE JOURNAL the next morning. Had asked Malone for the money, but didn't get it; could have used it if he had got it.

The witness was but fourteen years of age but was a remarkably bright witness and told his story intelligently.

Henry G[?]rner was called, and the defense objected to his testimony because his name did not appear upon the back of the information.

"You had better urge a fact for your objection," said Mr. Hall.

"I know that if it is on there is was put on surreptitiously."

"What do you mean by surreptitiously?" queried Mr. Hall.

Mr. Strode explained that he meant when the defense were unaware of it.

The court found that the name was upon the information and was examined. Witness lived across P street from the Sheedy residence, and on the night of the assault had heard the first shot; had looked out his home and saw Sheedy standing midway on the porch on the east side of the house, near the east door, facing south; then witness saw him fire two more shots; then he went a short distance to the south and stepped back into the east door, which was then open, and fired two more shots; could see the light coming out of the door and falling upon Sheedy's back; so no one came out of the house and Sheedy stepped back in; had lived opposite for for six years; never knew Mrs. Sheedy: didn't know whether or not his wife ever called there; believed the window curtains were up that night as they usually were. Never saw Monday McFarland about the Sheedy house.

S. M. Melick was recalled and produced and identified an oval band gold ring as one he had gotten at the Waldman pawnshop at 940 P street which Monday had identified as one Mrs. Sheedy had given him; had obtained this ring prior to Monday's confession in the marshal's office that Sunday. Witness had no marks on the ring, but identified it by having had it in his possession ever since; didn't know how Monday identified it as the one of which she had made him a present.

J. Waldman, the pawnbroker, knew Monday McFarland, identified the ring as one upon which Monday had obtained a loan of $4 on the 1st of Janaury. Marshal Melick had taken the ring and witness thought he had presented the ticket; knew it was the ring Monday pawned by the number upon it.

Mrs. Sheedy Called Him.

The first witness Friday morning was Fred Krause, doorkeeper of the Eden musee, who lived at 826 M street in January. On the night of the last assault on Sheedy he was east of Sheedy's house about fifty feet on P street; turned around and saw Mr. Sheedy shooting; Mrs. Sheedy cried out for him to come; Sheedy shot toward him and he stopped; she cried out again for him to come and he did so; asked Sheedy who shot and Sheedy said "He ran through the alley." Witness ran around on the west side of the house and out toward the alley; couldn't get into the alley and saw no one; met Officers Kinney and Otto out on Twelfth street. Sheedy said he was shot; there was no one there but Mr. and Mrs. Sheedy as far as he saw: next day saw a bullet mark on a post in an opposite direction from where he had stood: looked as if Sheedy was right in the door and Mrs. Sheedy was right behind him; there was a light in the parlor; after the last shot. which witness thought was fired toward him, Mrs. Sheedy called him to come in and he wouldn't get hurt; she told him to go for the priest, but witness didn't do it: he ran around toward the alley; went to jump over the fence on Twelfth street to go into the alley, but before he got to the dense saw Kinney and Otto, and told them what had happened; at least one of the north window curtains were up about two feet; witness looked into it: didn't know whether or not both north curtains were up: the first man witness saw in the yard was Officer Botts. Witness thought Sheedy was standing in the door all the time during the shooting.

Mrs. James D. Hood was called and sworn. She lived on Tenth and J streets; had known Mrs. Sheedy for six years; formerly lived on P Street between Fourteenth and Fifteenth up to the 23d of February, about two blocks from the Sheedy residence: was in the habit of visiting there quite often; was there after Sheedy was assaulted from 10 o'clock on the morning after the assault most of the time until his death; knew Walstrom.

Witness said that Mrs. Sheedy always spoke of him as a nice, intelligent young man. Had heard her refer to him as "Sweetheart," but thought nothing of it. Mrs. Sheedy told her that when Walstrom first came Mr. Sheedy was mad, but that when Sheedy met him he changed his mind and thought he was nice young man. Mrs. Sheedy once came to her house, said Sheedy had abused her and she had left him; she asked to be permitted to remain a few days. Witness said she feared it might make trouble between her husband and Sheedy and Mrs. Sheedy went away. The latter had told her that she had her trunks packed and a boy ready to move them whenever she was ready to go away; didn't know if the young man's was Klausner.

Witness was with Sheedy and Mrs. Sheedy when the first assault was made; was returning from the musee; she stood on the outside of the gate; Mr. and Mrs. Sheedy were just inside the gate; saw the man who did the shooting, but couldn't tell whether he was white or black. On going home from the Eden musee on the evening of the assault Mrs. Sheedy had expressed a presentment that something awful was going to happen, as she had felt like that before Mr. Sheedy was stabbed on a previous occasion.

Mrs. Sheedy had complained to her that Mr. Sheedy had not met her at the train on her return from Buffalo, although she had telegraphed him from Chicago, and didn't act as though he was glad to see her.

Mrs. Sheedy had once told witness that Walstrom was going to travel for his father and would probably make Lincoln his headquarters; she wanted to bring him to witness' home so that he might get acquainted with her daughter; witness said it was all right if he was a nice young man, and Mrs. Sheedy said he was as nice a young man as she had ever met.

Mrs. Sheedy, when she returned from Buffalo, had showed witness Walstrom's picture and told her about him, just as she did about others whom she had met.

Witness thought Mrs. Sheedy felt very bad after the assault on the fatal night; she acted as if she was nearly heart broken and witness felt very sorry for her. She didn't weep any until after Sheedy's death.

Cross-examined, Mrs. Hood said that she was present the morning after the assault when Mrs. Sheedy said that she believed the doctors were giving him the wrong medicine. Mr. Courtnay asked her what they were giving him and she had the box brought out and showed to those present. Witness saw nothing in the department of Mrs. Sheedy to lead witness to suspect anything.

On the night of Sheedy's death Mrs. Sheedy said that if John couldn't live she did'n want to live; some time after Mrs. Sheedy had left home, as hitherto narrated, and come over to witness' house, she had told witness that everything was all right and that Mr. Sheedy had apologized; she said that Mr. Sheedy had [word?] her of things of which she was not guilty; didn't say what they were.

Dr. Ruth M. Wood, of 1226 P. street, was sworn. Witness lived just across the street from the Sheedy residence; heard the report of a pistol on the Sunday evening of the assault; a short time before the shooting she had been sitting in her window and those present with her had some discussion as to how cheerful the Sheedy residence always looked; the curtains were always up. Twenty minutes later the curtains were down; this was a short time after the shooting. Witness was at Sheedy's bedside on Monday evening and had said to Mrs. Carpenter that the symptoms indicated to her that the patient was under the influences of morphine; would not venture an opinion on what she knew of the case as to that now; the name symptoms might be noticed in compression of the brain.

Miss Anna Bodenstein, a young woman who worked at the Sheedy residence, was next called. Witness went there in April and stayed until Sheedy died; Monday McFarland came there six or eight times in that time to dress Mrs. Sheedy's hair; it would take him a little over half an hour. Witness was at her own home on the Sunday of the assault. On Saturday, the previous day, witness was away from 1:30 to 4 p. m.; saw McFarland go by the house that day; saw a man on the porch one night; it was very dark; couldn't tell how long it was before the assault; saw Johnnie Klausner at the house often; he took baskets away with him; Mrs. Sheedy fixed them; they contained things to eat; Klausner took them away and brought back the empty baskets. It was after Sheedy had been shot at that witness saw the man in the yard; it was about 10 o'clock; Mr. Sheedy was not at home; told Mrs. Sheedy; she didn't say anything; didn't know whether Mrs. Sheedy spoke to the man; witness was within five or six feet of him, but didn't speak to him; the man didn't run or move. Witness didn't know who it was, it looked so dark to her; witness was in the kitchen when McFarland was there dressing Mrs. Sheedy's hair; they were in the dining room. The next day after Mr. Sheedy was struck Monday came to the house and asked to see Mrs. Sheedy. He came first to the dining room door and then to the kitchen door, but they didn't let him in. He was alone. It was a little man who didn't let him in; didn't know if it was Courtnay or if he was red-headed. He said he wanted to see Mrs. Sheedy. Didn't know that he came there with his wife.

Witness didn't remember when Mrs. Sheedy went away to Buffalo; came home the day before the fair. First saw Walstrom when he was there to supper; the next time was in the afternoon, the time they went out riding; Mr. Sheedy was there. Later she saw Walstrom one evening; Mrs. Sheedy went to the door and let him in; didn't know whether Mr. Sheedy was there or not; didn't go in the parlor herself; witness went to her own home at 8 o'clock that evening and returned at 10 o'clock; Walstrom was there four or five times.

Mrs. Charles Carpenter had lived for four years four doors east of Sheedy's; had known Mr. and Mrs. Sheedy about six years; visited back and forth and was quite intimate with Mrs. Sheedy; was slightly acquainted with Harry Walstrom; first met him in Sheedy's parlor at 7 o'clock one evening; Sheedy was not there; witness' sister was with her; remained about ten minutes; left Mrs. Sheedy and Walstrom together. Next met Walstrom about three weeks afterwards; was with her sister when they met Walstrom on Twelfth street and he walked home with them; witness' sister stopped at Sheedy's as they passed and asked Mrs. Sheedy to come over; Walstrom and Mrs. Sheedy went away together in about half an hour. The next time she met him Mrs. Sheedy came over about 10 o'clock a. m. and said Walstrom was coming: he came in a little while, they were in the front room together for about half an hour; witness and her sister were in the room about half the time; they did not go away together.

Jacob Oppenheimer, a law student in D. G. Courtnay's office, knew John Sheedy; was at the residence the first or second day after the funeral; Dancis Sheedy opened the door: went there to have Dennis Sheedy and sisters to sign a power of attorney; Young Dennis Sheedy, Walstrom and Mrs. Sheedy were in the parlor; Mrs. Sheedy took the instrument and submitted to it Walstrom, saying "It's all right, Harry" didn't notice that she looked any more mournful or excited than before Sheedy's death. Mr. Sheedy's two brothers and some ladies were there,in another room, but no one but Mrs. Sheedy and Walstrom were in the room when the former passed upon the paper, Young Dennis having gone out after Dennis, senior.

C. C. Carpenter was at the house as soon as he could get there after the shooting. No one was there but Dr. Everett and Mrs. Sheedy; the first thing he noticed was Mr. Sheedy standing on the porch in front of the open door, firing a gun; thought he saw two shots; had got nearly to the Sheedy gate [?] Sheedy stepped into the door. The two houses are probably 125 feet apart: jumped right up from the supper table at the first shot; didn't see Dr. Everett co[?]ting across the street; Dr. Everett got into the house first; Sheedy was standing up near the door bleeding pretty badly; next person he saw was Mrs. Sheedy; she was standing up near Mr. Sheedy; was in and out there until 11 o'clock; Dr. Hart came in about five minutes; witness went out before Everett had bandaged the wound; went after Dr. Hart; nobody told him to go after Dr. Hart; Mrs. Sheedy asked him to go and get a physician; Dr. Everett was there at the time; went over to Steiner and Scheuts' drug store and had a clerk telephone for Hart; as he returned Dr. Hart drove up.

Mrs. Sheedy asked witness to go over to the Heater block and tell Walstrom that Sheedy was badly hurt; she gave him the number of the room; witness went to the Heater block, called Walstrom out of his room and told him; had met Walstrom and Mrs. Sheedy at his own home.

Had once carried a message to Johnnie Klausner at the business college that Mrs. Sheedy wanted to see him; didn't know whether or not that was before or after the first assault on Sheedy; never saw Walstrom at any other than the two occasions mentioned and never carried any other messages for Mrs. Sheedy to anybody, Johnnie Klausner was present when witness delivered the message; Walstrom did not express any surprise; Mrs. Sheedy didn't tell witness what doctor to call; witness did not know that Mrs. Sheedy was acquainted with Dr. Hart. When Mrs. Sheedy sent him to Walstrom she had too him in the presence of others; couldn't tell who heard it; there was no secrecy about it. Sheedy had said to witness; "I wish you would go out in the alley and catch that d---d ------ ------ ------." Subsequently, after Sheedy had gone to bed, he called for witness to be sent to him from the next room, and after some conversation as to the assault, had said that he couldn't describe his assailant, as it was too dark to see him.

Gus Sanders knew John Sheedy since 1879; knew Mrs. Sheedy about 1881; didn't know when Sheedy first met her and did not know her name when witness first saw her; didn't know at that time that she had been married before, but heard so since; did not know when she was married to John Sheedy; they lived together as man and wife in either 1881 or 1882 in a room in the Quick block; was around there eery day.

This branch of the testimony was most vigorously opposed by the combined defense, but the court thought it proper to show the history of their married life. The defense contended that they had no right to attack her character, especially at so remote a period, to even find a motive for the commission of such a crime.

Peter Crampton, a young colored barber at 930 P street, testified that Monday had worked for witness' father.

Mr. Sheedy used to come after Monday to go and dress his wife's hair; came on the Saturday before the assault and told Monday to go down and dress Mrs. Sheedy's hair; Monday went and was gone two or two and a half hours. Monday had shaved Sheedy for four or five years; Sheedy was always pretty liberal and always gave him something extra; Sheedy shaved twice a week. Witness had heard Monday say that Sheedy was going to set him up in business; after Sheedy was dead had heard Monday say that he had lost a good friend, as Sheedy intended to set him up in a fine shop.

Johnny Klausner had lived in the Sheedy family about two years up to four years ago; was going to school and did chores for board and clothes; thought he left there in 1887 or 1888; had knows Mr. and Mrs. Sheedy about eight years; had been around there a great deal and ran errands since he quit living there; did so down to Sheedy's death; Mrs. Sheedy had told him that she expected a friend from Buffalo; that was two weeks before witness met Walstrom; she said the name was Walstroml about a week later she told witness that she wanted him to room with Walstrom when he came; about two days later Walstrom came to the Windsor, where witness worked, and asked for witness; identified himself as the young man Mrs. Sheedy had spoken to witness about.

Witness and Walstrom went to the Heater block; witness picked out a room; it didn't suit Walstrom and he picked out a larger and lighter room; they were to pay $12 a month, Walstrom $8 and witness $4.

Witness told about carrying notes between Mrs. Sheedy and Walstrom during the two or three months he worked at the B. & M. shops; sometimes they would be two days apart and sometimes a week; the notes were always sealed, but never addressed; Mrs. Sheedy told him to come after notes after school; also carried Walstrom's lunches from Mrs. Sheedy to Walstrom, sandwiches, cold chicken, etc,' sometimes a bottle of porter; these lunches would last a week or two; she told them it was for them to eat in their room; had never sent any lunches to witness' room are Walstrom came to room with him. Also carried a long package from Walstrom to Mrs. Sheedy the Friday after the funeral; didn't know what was in it; gave it to Mrs. Sheedy; sometimes went in by the back gate and sometimes by the front gate.

Away long last summer some time witness had found Mrs. Sheedy crying and she had told him that she couldn't get along with Sheedy and wanted to get a divorce. Mrs. Sheedy had told witness that she "thought a good deal" of Walstrom and wanted Klausner to room with him.

When Charley Carpenter came to the room he called Walstrom out; in about five minutes they told witness of the assault and Carpenter said he didn't think Sheedy was badly hurt.

Witness said that Mrs. Sheedy would talk to him about Walstrom. would ask how he was getting along and told him that if Walstrom ever got sick or anything not to wait but come right to her and tell her.

Carried a ring case once from Mrs. Sheedy to Walstrom. None of the attorneys for the state had ever asked him to tell an untruth. but detectives had asked him questions and tried to get him to say yes, when it would have been untrue.

Close of the Second Week.

The Sheedy trial - reopened Saturday morning with the usual large crowd in attendance. The testimony adduced yesterday was not lacking in interest, especially that of Dr. Beachley, whose opinion as to the direct cause of Sheedy's death is in direct conflict with that of Dr. Hart, who testified on Monday. It will be remembered that Dr. Hart gave it as his professional opinion that Sheedy's death was caused by compression at the base of the brain, due to the shock from the blow of the cane. This theory would throw the direct responsibility for the murder upon Monday McFarland, making it necessary for the state to prove Mrs. Sheedy's connivance with the darkey in order to hold her in any way responsible. The testimony of Dr. Beachley is directly in opposition to this theory, and while it does not fix the crime upon Mrs. Sheedy, shows that he found the conditions and symptoms such as to indicate morphine poisoning. The witness went into details to explain the difference in the symptoms accompanying compression and those of morphine poisoning.

The testimony further related to Mrs. Sheedy's tender solicitude for her new found chance acquaintance and "sweetheart," Harry Walstrom, who, it is claimed, has found it convenient to be in Europe during this trying scenes through which his late patron is now passing. It shows how she purchased a number of articles of wearing apparel, among the rest some pink-embroidered night robes, neckties, socks, etc., which were subsequently found in Walstrom's trunk.

Mrs. Sheedy evinced the utmost serenity during the examination, and, while apparently listening intently to the evidence, took no part in the examination, as she had on the previous day by whispering pointers to her counsel.

Albert Katzzenstein was the first witness sworn in the morning. He was examined by Mr. Hall. Lived at 1801 E street and had charge of the gents' furnishing goods department at Herpoishermer's; on or about Christmas sold Mrs. Sheedy two gentleman's handkerchiefs, couldn't describe the handkerchiefs minutely; couldn't tell the nine of them. Witness' attention had been called just after the murder to some muslin night shirts with embroidered fronts, just like some he had sold to Mrs. Sheedy on or about Christmas; they were unlaundered when he sold them and didn't think they had ever been worn or laundered when afterwards shown witness by Malone, although they were wrinkled badly; couldn't remember whether or not Mrs. Sheedy said for whom she was buying the night shirts; knew John sheedy was quite a large man but couldn't swear positively whether or not the shirts would be suitable for him. The shirts had white insertion on the front and pink embroidered edges in front and on the collars and cuffs, and were made by the Queen City company. The witness had evidently lost some of the confidence with which he had formerly identified the handkerchief and shirts found in Walstrom's 5 room as the one's he had sold Mrs. Sheedy about Christmas. He knew they were just like them, but couldn't begin to swear they were the same.

"Don't you remember." asked Mr. Stearns, "that when Mrs. Sheedy bought these night shirts she said that "if these shirts don't fit John I will return them?"

"I think there was something said about fit and return, but don't remember."

"Didn't she say that if they didn't fit her husband she would return them."

"I don't remember that any name was mentioned."

"Didn't you understand from her conversation that she was buying those things for her husband?"

"One would naturally suppose that she was buying them for him."

"Did she buy any other articles in the store that day?"

"I transferred her to the hosiery counter."

"Do you know whether or not she purchased a ring pouch there?"

"No, sir."

The witness was evidently very glad to get out of the chair. He said that Captain Billingsley had talked to him about the cane and had merely remarked that his testimony didn't amount to anything.

James Gatchell, a clerk in charge of the hosiery department at Herpoisheimer's, sold Mrs. Sheedy three pairs of men's black cotton hose, No. 9 1/2; that was within three weeks prior to Christmas; the same hose were shown to witness about the time of the coroner's inquest; identified them--by the dye--the Gloria dye; didn't know that any other store in town handled the same goods; sold two pairs afterwards; couldn't remember to whom. Witness would not swear positively that they were the same socks, but believed they were. Identified them by the dye mark; didn't notice whether the mark placed on them in the store was there or not when he saw them last; they had not been worn.

Harry M. Shaeffer was acquainted with John Sheedy; lived right around the corner on Thirteenth street; was at the Sheedy house the evening that he was assaulted; talked to Sheedy; the latter said: "I have no idea who it was that wished to [word?] up in this manner;" went in on Monday afternoon; was standing at the foot of the bed; Mrs. Sheedy stepped up and took John's hand and said, "If John dies it will kill me; I don't believe the blow would have killed him but I think they are giving him something to put him out of the way;" Dr. Hart was in another room, but couldn't say whether or not he heard the expression; saw no emotions of sorrow or grief; thought her manner and the tones of her voice were very quiet when she said it.

Cross-examined. the witness said that he was in the house three times on the Monday after the assault; witness was present the evening before when Mr. Sheedy was put to bed by Dr. Hart and Dr. Everett; didn't see who put his night robe on, as was out in the next room washing his hands.

The attorneys for the defense, with the type-written testimony of this witness at the inquest before them, pressed the witness hard upon his former utterances, and it appeared that much of his testimony before the coroner had slipped his memory, and he didn't know whether or not he had testified to a great deal of it.

It appeared that in his former testimony witness had testified that Mrs. Sheedy had told him on Monday that John had shown at 12 [?/?] o'clock Sunday evening peculiar symptoms that Dr. Hart testifies to having discovered at 4 a. m. Monday, but he didn't remember.

James Smith, in January last, sold clothing and gents' furnishing goods at Schwab's; Mrs. Sheedy was in the store about the 19th or 20th of December with Mrs. James Hood; she bought three neckties of witness; the ladies were admiring some ties and saw one puff tie the pattern of which suited her, but she wanted it in a four-in-hand; witness had one of the latter which he had ordered for himself; sold it to her with two others for $3.25; afterwards saw this tie and identified it at the coroner's inquest; knew it because it was the one he had ordered for himself; never saw the other two ties.

Dr. Beachley had lived in Lincoln eleven years; had practiced medicine since 1854; was a graduate of Cincinnati medical college and of the medical department of the state university of Indiana; was present at the post mortem examination; such an instrument as the cane could have made the wound; Dr. Casebeer conducted the autopsy; witness assisted him. There was no contusion shown on the internal surface of the skull, which was apparently in its normal condition; the brain was normal; there was no ruptures of any of the vessels and no coagulation. The heart was enlarged, and showed some fatty degeneration; the liver was enlarged but the kidneys were normal; the bladder was full of water. The upper part of the medulla oblongata was examined but did not cut into the upper part of the spinal column. The witness explained the construction of the bones of the skull and the lobes of the brain. Then he gave in detail the symptoms of morphine poisoning, and in relation to the contraction of the pupils of the eye said that atropine had directive the opposite effect from morphine. Sulfonal was a drug that had been in use for about five years as a sleep producer; a dose is from 15 to 30 grains.

"Now assuming," said Mr. Lambertson, "that John Sheedy was a man about six feet and over in height, apparently a man of strong physical ability. and apparently living in good health, but in fact being affected somewhat with fatty degeneracy of the heart, and in the condition revealed by the autopsy at which you were present, and the brain being affected as revealed by the autopsy: that he was, on of about the 11th day of the January, struck with a blunt instrument which produced a wound such as you have described; that it was dressed and the patient put to bed; that it was not thought at the time to be a severe wound; that he was given at the first ten grains of sulfonal, which he vomited; at a later period ten grains more which he vomited, and at a still later ten grains more in a cup of coffee, which he retained;that he then sank into some kind of a sleep, which continued until about 3 or 4 o'clock the following morning, about nine hours after he was struck, at which time he was found to be breathing heavily, only five or six times a minute, the breathing being what is characterized in medical parlance as "heavy or stertorous;" that his pulse was up to 140: the pupils of his eyes being normal; that swallowing, or deglutation as it is called, was impossible; that his body was paralyzed: that his kidneys and bowels were torpid, and the urine had to be drawn off with a [word?], that he contributed in this profound state of coms, the pulse alternating or changing from time to time, running down some hours before his death to 95, until at about 10 o'clock on the night following the blow, consciousness not having been resumed during the period between 4 o'clock, at the time he went into this comatose condition and the time of his death, and that at 10 o'clock he died, what in your opinion was the cause of his death?"

To this hypothetical question the defense, and both branches of it, strenuously objected.

Mr. Stearns contended that the question was improper, as it did not accurately state the symptoms.

"If your honor please," rejoined Mr. Lambertson, "there is some difference of testimony as to some of the symptoms I think the question as propounded will square with the evidence the state has advanced, and if it doesn't suit the defense they may formulate a question embodying the symptoms as they find them."

Colonel Philpott vigorously contended that the phrase intimating that the autopsy had shown the brain to have found in no way affected should not be permitted, as he denied that the evidence showed the brain to have been found in no way affected at the autopsy.

The court finally held that the question came within the requirements an the witness replied:

"Well, my opinion is that the man died from morphine poisoning, from the symptoms and from the conditions we found in the post mortem examination."

On cross-examination the witness related in detail the conditions revealed by the autopsy.

The symptoms of compression of the brain are nearly the same as those in the morphine poisoning except in the breathing, it is not so slow; where you find one breathing heavily and only about five or six times a minute, it would indicate morphine poisoning; where the breathing is equally heavy but at the rate of fifteen or twenty times a minute, it would indicate compression, where the rate fluctuated it would indicate morphine. Compression would be apt to dilate the pupils; would not expect dilation from sulfonal. Compression of the brain is caused by the rupture of a blood vessel, and the blood pouring out upon the tissue. If death had been due to the affects of the blow on the condition of the heart. it would have been apt to occur immediately upon the receipt of the blow.

"What is esteemed to be a fatal dose of morphine?"

"Morphine caries. In some people half a grain would produce death, while in others a much larger quantity would be required."

"Is it any different where it is injected under the skin?"

"Yes sir; the morphine is the more easily, surely and quickly absorbed in the circulation than if it is put into the stomach, every particle being readily taken up. In the latter case it is very uncertain."

"Suppose morphine were injected under the skin, would its presence be revealed in the stomach?"

"No sir, it might not."

"Where would it be revealed?"

"It would be likely to be revealed in the urine."

"Would the effect be the same if the morphine were put into the wound?"

"Yes, sir."

Upon cross examination the witness testified that morphine administered upon the stomach might lie for three hours without assimilation, but it usually revealed itself inside of an hour.

The Thirteenth Day in Court

F. C. [Fisk?], a draughtsman who has prepared a plat of the Sheedy house and grounds for use in the case, was the first witness sworn and explained in detail the features of his draught, which comprised every room on the ground floor, every door and window, every walk, fence, tree or other feature of the entire Sheedy property.

S.M. Melick was recalled and testified that he had had in his possession at one time some of the effects of Walstrom, comprising two or three pairs of socks, two night shirts and two neckties. The witness described them in the crude way in which men usually describe such matters; didn't know that they were the same that were shown for identification to the clerks at Herpoishermer's; was present at the coroner's inquest when Smith identified the neckties: delivered them when he was through with them to Mr. Strode.

"Have you those things now?" asked Mr. Lamberston, turning to Strode.

"No" replied Mrs. Sheedy's attorney.

"What did you do with them?"

"I gave them to Walstrom, as he was demanding them."

"Had you a ring belonging to Mr. Walstrom, Mr. Melick?"

"Yes, sir."

"Have you it with you?"

"Yes, sir."

"You may produce it."

Mr. Melick took from his pockets silver match box, which he handed to Mr. Lambertson.

"Where did you get this?"

"In a drawer in Monday McFarland's shop."

"Who told you where to find it?"

"I believe Officer Kinney told me of it first."

"Was he with you when you found it?"

"Yes, sir."

"Your honor, we will now offer this in evidence."

The box was opened and two white paper packages to much larger than a physician's powder were taken out. They each contained a dainty ringlet.

"We object, your honor," said Mr. Strode, "to the introduction of this in evidence, as incompetent, irrelevant and immaterial."

The court overruled the objection and Reporter Mullon put his exhibit marks upon them.

Mrs. Sheedy sat with eyes cast down and lips compressed during this discussion, as pale as death itself. She never raised her eyes from the floor until Mr. Melick was excused. Before leaving the chair he testified to the finding of the socks, neckties and night shirts in Walstrom's trunk.

James Malone was re-called and testified to having taken the night shirts, socks, neckties, handkerchiefs and underwear from Walstrom's trunk. Also got a ring from Walstrom. The goods were the same as were exhibited at one of the prior hearings and then identified. He also testified in detail to the conversation had with McFarland on the night of his arrest in relation to the purchase of the cane by Monday, when the latter claimed to have purchased it for a man from the Black Hills who had come into his shop and asked him to go and buy it.

Sharpenstein, a barber at work there at that time, made the remark to Monday as the officers were taking him away: "Ah, there, I thought they would get you."

They took Monday to the marshal's officer and his identified the cane as the one bought. When asked where he was on the night of Sheedy's murder he said he had left home at eight minutes before 7 and had gone to the home of Officer Botts; he said that he saw Botts and that Botts saw him. Botts was called in and said he had not so seen Monday. After some further conversation witness told Monday that he knew where he was on that night, that he was at John Sheedy's. Monday did not [?]. He was then locked up.

Malone related the details of Monday first confession to himself and Officer Kinney on Sunday morning early about as heretofore related in the confession subsequently made and reduced to writing.

Mr. Strode examined the witness rigidly upon his testimony before the coroner's jury, wherein he appears to have stated that he had had a conversation with John Sheedy on the night after the assault and that the latter had said that he thought his assailant was Frank Williams. A number of questions were asked on this point and ruled out. Maione said he didn't [say?] it.

Both Mr. Strode and Mr. Philpott pressed the witness very hard to get an admission from him that he had told them each individually how badly scared Monday was and how he had been led to confess, but the witness declared that he did not remember having seen them that Sunday night and certainly did not tell them anything, whereat the attorneys both looked very grievously surprised and shocked, as if they were contemplating with horror and commiseration the remote hereafter of Jim Malone.

"Didn't you tell me that Sunday night" said Colonel Philpott, "in the corridor of the city jail as you passed, you going towards Monday's cell, and I going in the opposite direction, that Monday was in a desperate condition and would commit suicide before morning?"

"No, sir."

"Did you see me in the jail that night at all?"

"No, sir."

"Will you swear I was not there?"

"No, sir; you might have been there while I was not."

"Do you mean to say, Mr. Maione." said Mr. Strode. "that you did not tell me that night in the office of the police station, leaning over the railing and talking to me in low tones, that you scared that confession out of Monday McFarland?"

"Yes, sir; I never told you that."

"Do you remember saying anything?"

"I might have said something, but I never said that?"

The defense also subjected him to a rattling fire of questions to show his interest in the case in the matter of a reward. Malone said he did not know of his knowledge that any reward was offered, but Marshal Melick had informed him there was a reward of $1,000. He had been supplied with funds to the amount of $75 to assist in securing the evidence.

"Wasn't Mr. Philpott down to the jail the night Monday was arrested, prowling around trying to get at the prisoner?" asked Mr. Lambertson.

"Couldn't say that he was."

"Wasn't about half the bar of Lincoln down there trying to get at the prisoner?"

"Not that I know of, sir."

"Did you ever see me down at the city jail hunting for clients, Mr. Malone?" asked Mr. Strode.

"Can't say that I have."

The witness related in detail the confession Monday made to him and Officer

Children Cry for Pitcher's Castoria.

WEEKLY NEBRASKA STATE JOURNAL FRIDAY MAY 22 1891 [11?]

Kinney that Sunday morning in the jail, in which Monday referred to Mrs. Sheedy's "lover," and told how she had invited him to watch her take an evening walk with that lover, young Walstrom It also revealed the fact that Monday had taken the cane to the Sheedy residence at about 5 o'clock on the evening of the assault and left it there with Mrs. Sheedy to await his return.

Believed It Was Due To Morphine.

Dr. H. M. Casebeer was called, had lived in Lincoln five years and practiced for sixteen years; graduated from the medical department of the university of Michigan in March, 1876: was present at the Sheedy autopsy with Drs. Beachley, Mitchell, Coroner Holyoke. coroner's jury and one or two others whom witness did not know; witness performed the autopsy, assisted by Dr. Beachley.

The witness explained how the examination had been performed; gave a detailed description of the bones of the [hene?] and face, and located and described the wound inflicted by the blow. He said that the examination had extended to the lower part of the medulla oblongata, the portion lying at the base of the brain with which the spinal cord connects; the medulla oblongata controls the nerves of respiration. A blow upon another portion of the skull might affect the medulla oblongata, but the injury would be apt to be revealed in the autopsy. There was no fracture of the skull revealed in the autopsy.

"Now assuming," said Mr. Lambertson, "that John Sheedy was a man about six feet and over in height, apparently a man of strong physical ability and apparently living in good health, but in fact being affected somewhat with fatty degeneracy of the heart, and in the condition revealed by the autopsy at which you were present, and the brain being affected as revealed by the autopsy: that he was on or about the 11th day of January struck with a blunt instrement which produced a wound such as you have described; that it was dressed and the patient put to bed; that it was not thought at the time to be a severe wound; that he was given at first ten grains of sulfonate, which he vomited; at a later period tens grains more which he vomited, and at a still later ten grains more in a cup of coffee, which he retained, that he then sank into some kind of a sleep, which continued until about 3 or 4 o'clock the following morning, about nine hours after he was struck, at which time he was breathing heavily, only five or six times a minute, the breathing being what is characterized in medical parlance as "heavy or stertorous;" that his pulse was up to 140; the pupils of his eyes being normal; that swallowing or deglutation as it is called, was impossible; that his body was paralyzed; that his kidneys and bowels were torpid, and the urine had to be drawn off with a catheter; that he continued in this profound state of coma, the pulse alternating or changing from time to time, running down some hours before his death to 95, and at times even lower, if not altogether stopping, until about 10 o'clock on the night following the blow, consciousness not having been resumed during the period between 4 o'clock, at the time he went into the comatose condition and the time of his death, and that at 10 o'clock he died, what in your opinion was the cause of his death?"

"Well, I believe that the symptoms foregoing his death are more nearly like shoes of poisoning from opium than anything else, and for the reason that no other cause was discovered for his death, I believe it was due to poisoning by some drug."

"Now if morphine was administered hypodermically, would traces of it be found in the stomach?"

"No, I think not."

Where would you expect to find it?"

"Well, in the circulation and in the urine."

"So that if none were found in the stomach, it would not be evidence that none had been given?"

"No, sir."

The witness explained that a poisonous or toxic dose of morphine was from a quarter of a grain upwards.

The heart was found to have been affected with fatty degeneration, and the other organs were in the condition shown in the testimony of Dr. Beachly. He thought that if death had been the result of the effects of the blow upon the condition of Sheedy's heart, it would have been instantaneous.

"Did you ever hear of a portion of the brain known as the 'arbor vitae?' " asked Mr. Philpott.

The physician reflected long and earnestly as he replied:

"Don't recall having read of any such name for a portion of the brain."

"You never read of the 'arbor vitae,' which is known as the center of life?"

The witness had never encountered it.

"Did you never read Wilson's anatomy, wherein is mentioned an organ of the brain located near the medulla oblongata and called the arbor vitae because it looks like a little tree and was supposed to be the center of life?"

And the gleam of triumphant intelligence that beamed o'er the face of the colonel as the witness admitted his remissness in that respect was the feature of the morning session.

"I studied medicine two years myself," explained the attorney subsequently, still perspiring over his triumph whom court adjourned.

The witness explained in the cross-examination that the bladder which had been buried with the body and not forwarded with the stomach for analysis, would have been more likely to have contained evidence of the poison than the kidneys which were sent.

"How long is the medulla oblongata? Is it two or three inches."

"I should judge it was between two and three inches. I haven't posted up on the minutia."

"Isn't it a fact that it never exceeds an inch and a half in length, and that when you said it was between two and three inches, you said so just because I had given those figures?"

"I don't think it is a fact."

"Did you ever know of a case where it was over an inch and a half in length?"

"It was over an inch and a half in this case," replied the doctor.

Colonel Philpott gleamed sardonically at the witness as he arose and hunted a seat at the rear end of the table, murmuring to himself:

"There never was such a case. No such medulla oblongata was ever put on record, and none ever existed unless the big Missouri girl, Ella Ewing, had it stored away in her cranium. I have studied medicine some myself."

Before he got through with Colonel Philpott, Dr. Casebeer also recalled the fact that there was an arbor vitae, composed of white matter in the form of a tree dipping into the grey matter, but said it was of no special importance.

Mr. Strode then took the witness and had him explain the difference between the symptoms of compression of the brain and concussion of the brain. He did so and Mr. Strode pulled a medical authority upon him, wherein he had the witness read to learn that there was no difference in such symptoms. But the doctor didn't find it so. He found that the medical work did say something about cases of "alight" compression resembling concussion.

Mr. Lambertson objected to this method of examining the witness and suggested that the defense should offer its authorities in evidence, instead of badgering the witness with them.

Mr. Strode contended that this could not be done, as the supreme court had repeatedly held.

The court thought otherwise, and after half an hour was spent in hunting authorities Judge Field finally held that such medical works might be introduced. Mr. Strode didn't desire to introduce them, preferring to keep them, and each time the witness attempted to tell the respective symptoms of compression and concussion of the brain and morphine poisoning, he pulled them out loaded to the hilt. The witness gave the respective symptoms of the three, and Mr. Strode pulled authorities upon him to show that the symptoms might easily be confounded. The witness testified that fatal concussion of the brain would leave some effect upon the brain which could be detected with the naked eye in a post mortem examination, and Mr. Strode jerked out a work on medical jurisprudence wherein it was taught that a man could die from concussion in a case where the skull was not fractured and no apparent trace was perceptible in the brain.

The fatty degeneration of the heart, the witness said, lessened the man's vitality and rendered it therefore the more easy for a shock to affect him.

"If a stomach were full of bile, or whisky, or beer, it might take two hours for the symptoms of morphine poisoning to become manifest, but generally it is perceptible in from five to twenty minutes."

"Do you think that a toxic dose of morphine could be given to a patient who had vomited twice in two house and not manifest itself in less than three hours?"

"Possibly. I have had cases where the stomach was full of bile orl liquor where the poison' was inert for that long.:

"If the stomach was full of food it would hardly lay there a half hour without manifesting itself."

"A toxic does is a dose that will kill."

The defense was right after Dr. Casebeer, who was on the stand over three hours, and if he had testified that black was black, Mr. Strode would have pulled an authority to show that black was sometimes unquestionably white.

Monday Did Call Next Day.

D.G. Courtnay was sworn and took the stand at 3:30. Was a warm personal friend of John Sheedy; was near Eleventh and P on the night of the assault; heard the shots and was at the house outside of ten minutes; when he went in Dr. Hart and Dr. Everett were dressing the wound; stayed there about an hour; went away and returned again in an hour or an hour and a half; the doctor said when he first arrived that the wound was slight; it appeared to witness to be a slight wound; witness, Dr. Hart and Mrs. Sheedy put him to bed; she wasn't crying, but was agitated.

Witness conversed with him after he had gone to bed; asked him to describe the person who struck the blow; Sheedy said it was a thick set person and had on a short coat; before Sheedy went to bed [white spot on scan?] own the cane and asked if he could [white spot on scan... maybe "testify"?] it; he said there were many [shoes?] like that. Sheedy asked if any of the shots he had fired had taken effect; witness remarked that the policemen had said that they had found blood on the sidewalk: at that Sheedy had said, "I'll go down town with you; I'm all right and I'll go down." Dr. Hart and Mrs. Sheedy assured him that he needed rest and he went to bed.

In recounting the occurrences of the day following the assault the witness related the symptoms as heretofore described and said that he had then remarked that they reminded him of morphine poisoning. He had seen two cases of death from that cause within a few months prior to the murder and Sheedy's condition reminded him of them.

"Did you on that day see Monday McFarland?"

"I did."

"Just state where."

Witness stated that so many people were coming to they house during the day that he locked the door. A few minutes later Monday McFarland came to the door and said he wanted to see Mrs. Sheedy on business. Andy Bayliss was already in there crying, and as witness thought that was what Monday wanted to get in for he wouldn't let him in. IN a short time he found him trying to get in at another door which the girl had opened. He told witness that he wanted to see Mrs. Sheedy on business, and witness told him that Mrs. Sheedy was at the bedside of her husband, that the latter was dying, and that he couldn't get in.

Witness related how Mrs. Sheedy had employed him to look after her affairs. Mr. Lambertson wanted to ask him about what she had said to him after that, but Mr. Courtnay declined on the ground that, as they were said to him as her attorney, he didn't feel at liberty to testify to what was said, but didn't wish to leave the impression that there was anything damaging to her.

Mr. Strode whispered briefly with Mrs. Sheedy and told the witness that he might reveal anything that was said.

He said that on the Sunday afternoon of her arrest, when he went into the house, she remarked that he looked at her as if he thought she was guilty, and asked him if he did so think.

"What was your reply," asked Mr. Lambertson.

The defense objected, but after another whispered conversation with his client the objection was withdrawn by Mr. Strode.

The witness said he could not say positively what he had replied.

"Didn't you reply," asked Mr. Strode, "that 'As I love my wife and little girl I believe you innocent?' "

"No, sire; I did not."

"Didn't you reply 'Yes, I believe you are?' " asked Mr. Lambertson.

"I don't remember. It was all in a general conversation."

Witness told how he had advised Mrs. Sheedy to have herself appointed administratrix of a part of the estate to preserve her interests, as his impression was at that time that Dennies Sheedy wanted to gobble the whole business. Mrs. Sheedy informed him that Dennis proposed that Mr. Fitzgerald should be made administrator of the whole estate, but he advised her that there was likely to be a big lawsuit in the matter and for her own safety she had better be appointed administratrix.

Some $550 was found to be available. Of this $500 was found in the shape of checks for rent and $50 was found in an inside pocket of Sheedy's vest. Mrs. Sheedy had the coat and was washing the blood from it, when he cautioned that she had better not do that. She said that she had found no money in it. Witness knew that it had formerly been Sheedy's custom to carry about with him in his pockets several hundred dollars. That was some time before.

Upon cross-examination witness stated that Sheedy had told him during the night after the assault that he suspected George Bradeen. Mose Smith, Alex Jetes and Frank Williams.

He also testified that Sheedy had employed detectives to watch him and preserve him from a possible assault by his enemies.

The Cadaver in Court.

Dr. Winnett, one of the physicians present at the autopsy, was sworn. He said he was a graduate of Long Island College hospital. New York, in 1870; saw Sheedy on Monday after the assault; he was unconscious, his reservations were about twelve times to the minute; his pulse was 90; his pupils were normal in size; but insensible to light; the body was completely paralyzed. The first impression of the witness from the symptoms was that Sheedy had had an overdose of morphine, but when assured that he had had no morphine witness thought it was due to compression. Was at the autopsy, and would say that the brain was normal; no blood at the base of the brain; didn't think the medulla was quite all removed with the brain.

"Now, then, from the symptoms as you found them and the conditions as revealed by the autopsy, what would be your opinion as to his then condition and suffering?"

"I believe it to have been from the effects of morphine."

The witness gave in detail the symptoms of morphine poisoning. In relation to the pupils of the eye he said that in some cases they remain unchanged in morphine poisoning and cases are reported where one pupil was contracted and one dilated.

The usual time required for manifestations of morphine poisoning was from twenty to fifty minutes, but cases are reported where many hours were required. He had read of a case where in fourteen hours the first manifestations were shown. Would say that three hours was uncommonly long. If the stomach was full the effect would be delayed.

The witness explained at length the difference between symptoms of concussion and compression of the brain and the symptoms of the brain.

"The pupils of the eyes are not so liable to be affected if the morphine is given with atrophine. Atrophine is used to counteract some of the unpleasant symptoms of morphine."

"In some instances a half a grain of morphine is a toxic dose, but I should say generally a grain."

"A dose of sulfonal is from twenty to thirty grains. Ten grains would not be dangerous."

"I would say from the autopsy that there was no compression of the brain. There was not any concussion indicated by anything I saw."

The witness described the wound at length, and while he was doing so Mr. Lambertson was noticed to be tugging away at the unwilling contents of a pasteboard box.

A moment later he handed to Dr. Winnett a skull with the crown neatly sawed off. The doctor held it up in full view of the audience.

"Doctor, whose skull are you holding in your hand?"

"It is the skull of John Sheedy."

Mrs. Sheedy made a nervous movement, raising her handkerchief to her eyes, but in an instant resumed her composure and with the utmost fearlessness contemplated the ghastly object held up a few feet in front of her. Monday's eyes were also turned in the same direction.

"State from the examination you have made of the skull of John Sheedy, whether or not in your opinion the blow that administered at that time was sufficient to produce death."

"I think so."

"Doctor, was the blow that was administered to John Sheedy and the wound inflicted upon him sufficient in your opinion to account for the symptoms that you saw in his last illness?"

"No, sir."

The witness then explained that an examination of the skull after it was cleaned, revealed the fact that there were three slight fractures in the vicinity of the wound, which was sufficient to alter the opinion he expressed at the time of the autopsy.

Tuesday Mrs. Sheedy's Day.

An increased crowd witnessed Tuesday's proceedings in the Sheedy trial and listened with the most marked attention to the somewhat wearisome technical dissertations on criminal jurisprudence, material medics, symptoms and conditions, which formed the burden of the testimony throughout the day. Something of new interest was awakened when the cross-examination of Dr. Winnet brought out the fact that the remains of Sheedy were recently exhumed at the instance of the state and new researches instituted to discover the cause of death. It was in line with questions submitted by the state as to the likelihood of poison administered hypodermically being revealed in the stomach after death. It will be remembered that several of the physicians have expressed the opinion that morphine so administered would be very likely to reveal itself in the bladder. It was in anticipation of these replies, therefore, that the state recently had Sheedy's body taken up and the bladder and liver taken by Professor Haines, professor of chemistry and toxicology in Rush medical college, Chicago, to that place for analysis. It has been noticed that Hon. Frank Hall, of counsel for the state, has not been in court this week up to Tuesday afternoon, and inquiry revealed the fact that he has been to Chicago looking after the investigation. After his return yesterday it was generally understood that the analysis had not discovered the presence of poison even in the bladder.

The above fact, taken with the testimony of Dr. Mitchell in confirmation of Dr. Hart's theory that Sheedy's death was due to compression of the brain, made it appear very much like Mrs. Sheedy's day in court and an awful chilly one for Monday McFarland, but it was not noticed that the latter looked very much cast down.

It was a warm day in the court room and Mrs. Sheedy put in a great deal of time waving the mourning drapery around her head by the gentle undulations of a large black fan. Her demeanor had undergone no perceptible change from that of yesterday and she evinces no signs of fatigue or exhaustion from the long trial. She is apparently as strong, and even stronger and more composed and hopeful, than during the opening days.

There was considerable craning of necks in the audience yesterday when it was noticed that Mrs. Morgan had momentarily left her place at Mrs. Sheedy's side to make room for D. G. Courtnay, to whom the defense has frequently, by intimidation ascribed much of the active work of hunting up testimony for the state. Yesterday Mrs. Sheedy communicated to him, through her uncle, Mr. Biggerstaff, her desire to speak to him and he was soon at her side. For some minutes she poured a whispered stream into his listening ear, and a study of his features failed to reveal the slightest import of her conversation.

For two days the state has been much worried over the inability to find the cane with which the deed was done. It was offered in evidence last week and left, as usual, in the custody of the stenographer, Myron Wheeler. The latter was called away on Saturday or Sunday, and before going put the cane away so securely that neither Reporter Mullon, Judge Field or any of the court officials have been able to find it.

When court convened at 9:15 Dr. Winnet was cross-examined and testified that he reached the Sheedy residence about 2 p. m. on Monday; was there about twenty minutes: the opinion of the physisicnas there, possibly with the exception of Dr. Woodward, was that death was due to pressure in the brain; was present at the autopsy; the examination comprised the brain, the organs of the chest, the liver, the kidneys and other organs and the stomach was taken out; believed that Dr. Beachley took notes of the autopsy. Saw Mr. Strode there and remembered that an effort was to exclude hint or any one representing Mrs. Sheedy.

At this point Mr. Lambertson chimed in that Mr. Strode had been finally allowed to remain upon the advice of County Attorney Snell and a wordy discussion ensued at once between the attorneys, which the court summarily abated.

Witness said he saw no superfluous moisture in the brain. He described the old bullet wound found in the back of the head and some bleeding of the brain around it, swing, he thought, to the removal of the brain from the skull; also described an old and slight depression in the forehead.

"Did you examine the medulla oblongata at that time?"

"I looked at it."

"Did you remove all of it?"

"Don't think all of it was removed."

"Did you examine the spinal column?"

"Not at that time."

"Have you done so since?"

"Yes, sir."

"When?"

"About four weeks since."

"Where?"

"At Roberts' undertaking rooms."

"How did you know it was that of John Sheedy?"

"Because we removed it from the grave."

"Who were present?"

"Professor Haines of Chicago, Dr. Everett, Mr. Roberts, a gentleman I supposed to be his partner and the sexton at the cemetery."

"Who took any of the organs besides the parts you took?"

"Professor Haines."

"What did he take?"

"The liver and the bladder."

"You have kept this a profound secret, have you not doctor, according to instructions?"

"Don't know as I had any instructions, but did keep it more or less a secret."

"Under whose instructions was this done?"

"Mr. Snell's."

After some further examination as to the conditions of the parts when exhumed and the care with which they were guarded since, Mr. Strode dropped this branch without asking him as to what he had discovered and took up the discussion of a toxic does of morphine.

Didn't think that the authorities taught that a toxic dose would manifest itself in from five to twenty minutes. His understanding was that it required from thirty to fifty minutes.

Mr. Strode pulled a book on him, had him read from it that it manifested itself in from five to twenty minutes, and then had him swear that an authority so taught.

Mr. Lambertson objected to the examination of witnesses as to what was in the books, and a squabble ensued.

"Doctor, will you give me a single authority which says it requires from thirty to fifty minutes?"

"I attained that impression from reading a tabulated statement of 200 cases of morphine poisoning."

"What was that statement published in?"

"In the half-yearly abstract of medical science."

"Have you that table with you?"

The book was produced and Mr. Strode asked the witness to show him where it was stated that from thirty to fifty minutes was required for the manifestations, and the witness failed to find it.

He said that his impressions from his own practice were to that effect, and Mr. Strode hauled him over the coals for [a ? ? to ? ?]. Witness said that he had noticed no symptoms in Sheedy's care which might not have been attributed to compression of the brain; the blow administered to Sheedy was sufficient to produce either compression or concussion.

The cadaver was then produced and the witness explained the various fractures in the bones of the face, none of which were through the skull, and explained that it took a very severe blow to inflict them. He thought that the blow was sufficient to produce death, but he didn't think that it did produce death in this instance.

Witness said he knew of no postmortem evidence of morphine poisoning to the brain except that the blood is congested in the brain more than at other times.

"I noticed no special evidences of morphine poisoning in the examination of the brain, as I was merely an observer; but I examined more particularly the upper portion of the spinal column--"

Mr. Strode promptly stopped him on that subject.

The witness concluded in reply to Mr. Strode's questions that he was impressed with the idea that Sheedy died from morphine poisoning.

Mr. Lambertson then took the witness and drew him out on the subject of his recent examination of the spinal cord and lower part of the medulla oblongata. Mr. Strode's objections being overruled. He had found the cord in a good state of preservation, but there was extravasation of blood therein and the conditions he found would indicate morphine poisoning.

Dr Winnett was asked to explain to the jury certain discolorations in the bones of the skull which were due to blood from the blow, but when he took the ghastly object in his hands and stood up before the twelve good men and true, Mr. Strode objected to the skull being shown to the jury until it was offered in evidence.

"Your honor," said Mr. Lambertson, "I don't think it is a proper thing to offer in evidence. It would be the same were it a spleen or any other part of the body. If the gentleman insists, however, we will offer it in evidence."

"We certainly object to its 1 [sing?] shown to the jury until it is in evidence."

"Very well." replied Mr. Lambertson, with the intelligent twinkle that animates his eyes when there is a prospect of war ahead, "you may be seated, doctor. We will now offer this skull in evidence."

To this the defense objected that the skull had been taken up and examined long after the official autopsy and had not been in the care of any person officially competent to take charge of it. The court overruled the objection and the skull went into evidence.

The witness explained that his last examination had revealed to him the fractures pointed out, which were not shown at the autopsy, and he was convinced that the blow was much heavier than he had supposed at the time of the autopsy.

Professor Haines of Chicago, who took some of the organs for examination, is a chemist and witness thought him a competent one.

?Mr.Strode subjected the witness to a vig-vigorous examination as to engaged him to make the examination and how much he was to be paid. He said that he had assisted at the request of Dr. Everett and expected to be paid but didn't know who was to pay him.

Also Thought It Was Morphine.

Dr. M. H. Everett was the next witness. He said he had lived in Lincoln over four years: was twenty-one years in the practice and was a graduate of Rush college of Chicago and Jefferson college of Philadelphia; lived just across from the Sheedy residence; was sitting in his front room on the night of the assault; heard a shot and on looking out saw a number of other flashes and a moment later a crowd collected at Sheedy's gate; thought at first he would not go over, but someone called his name and he went over; Mr. Sheedy was standing up inside and near to the front door bleeding badly and Mrs. Sheedy was standing beside him; she was quite calm and collected and was not crying; witness thought Mr. Sheedy was shot and informed him that the bullet had not gone through the skull; Sheedy then informed witness that he was not shot but was struck. Dr. Hart came in soon after. Witness thought the wound slight; remained about half an hour and left Dr. Hart there when he left; was summoned again about 4 a. m. and found the patient suffering from what he supposed were the effects of morphine: asked the doctor is he had given any morphine and when he said no concluded it was due to compression of the brain. Was present at the consultation as to whether or not trephining, should be tried; the decision was adverse to the experiment.

Dr. Hart had informed witness that he had given three doses of sulfonate, ten grains each; ten grains in a minimum dose sulfonal is a sleep-producer and has no after effects.

The witness explained the symptoms of morphine poisoning, and said that while the pupils of the eye were usually contracted, they were sometimes dilated and sometimes normal.

In some cases it is impossible to distinguish the symptoms of morphine poisoning and compression of the brain.

Atrophine has an adverse effect on the pupils of the eye from morphine and the two could be given in a dose to counteract the effect of the other upon the eye, while the effect as a poison is undisturbed.

The witness said unhesitatingly that the patient was not suffering from concussion of the brain when he saw him.

Morphine administered hypodermically acts more quickly than when taken into the stomach. A toxic dose of morphine will usually reveal itself in a half hour, perhaps, but it may lay some hours.

Was at the autopsy; assisted Dr. Casebeer [soma?]. Witness described the organs; had found the brain with a larger amount of fluid than normal, with no gross lesions; it was abnormally wet.

"What was your judgment at the time of the autopsy, doctor, as to the death of John Sheedy?"

"I thought it was due to an injury to the brain, caused by the blow; didn't think his death was hastened by the weakness of his heart; thought that the blow could have killed him."

The witness gave the details of the recent examination made by himself and Dr. Winnett; the body was exhumed and the head, a part of the neck, the liver and the bladder were taken away: the body was well preserved, perhaps by the embalming fluid; the bladder and liver were taken by Dr. Haines, professor in chemistry in Rish medical college in Chicago; he is considered one of the best chemists and toxicologists; recognized the body as that of Sheedy; took the neck and head to Roberts'. undertaking establishment and kept them under lock and key; found the bones of the face fractured much worse than had been discovered at the autopsy.

The witness took the skull and pointed out the fractures shown in the upper jaw and other bones of the face. He explained that certain discolorations in the skull were due to the escape of blood into the spongy substance between the inner and outer costings and it indicated to him that the blow had been attended by effects much more serious than was shown at the autopsy.

"Doctor, from your examinations of the organs and your knowledge of the symptoms at the time you attended him. what in your opinion was the cause of his death?"

"I think it was due to morphine poisoning."

"If morphine poison, however, had not been administered, what in your opinion would have been the effect of the blow? Would it have produced death?"

"Yes, sir."

Afternoon Session.

Dr. Everett's cross-examination by Mr. Strode was taken up after dinner. He said that he witnessed four of the five shots fired; couldn't see all of the Sheedy porch; there were lights in parlor, sitting room and bedroom when witness got there; didn't notice as to the condition of the north curtains there were people in the yard, but thought not in the house, when witness arrived. When witness remarked that the shot had passed through the skin and out again, Sheedy remarked that he had not been shot, but struck, and that he did the shooting himself. Mrs. Sheedy was there and witness thought she furnished the towels. Witness suggested morphine but Dr. Hart said that a dose of morphine once administered to Sheedy had produced unpleasant consequences; suggested morphine because he anticipated that a shock might ensue; this anticipated shock did not occur; knew it didn't by the symptoms; had thought the wound a slight one. The symptoms of a profound shock were given and proved to be about the same as those in morphine poisoning. Witness did not think that he had expressed an opinion that Sheedy's death might have been due to a delayed profound shock, but Mr. Strode quoted his testimony before the coroner's jury to that affect, and he said that while that might have been his opinion then it had been altered by his subsequent investigations.

Witness thought that death might have resulted from compression, but taking all of the symptoms and conditions into consideration he believed death was due to morphine poisoning; had expressed the opinion prior to the autopsy that death was due to the blow.

When witness went back to the house the next morning at 4 o'clock Sheedy was completely paralyzed, both his sensibilities and his power of motion. Was told that three doses of sulfonal of ten grains each had been given him; it usually takes sulfonal about one hour to produce sleep; thought fifteen grains a proper quantity to administer to John Sheedy.

Atrophine relieves the effects of morphine as to the causes, and if enough had been given to maintain a normal condition to the pupils, it would not act as an antidote to the morphine poison.

Under ordinary circumstances if a toxin dose of morphine were given in a cup of hot coffee it might manifest itself in ten minutes; it generally takes from five to thirty minutes; the time required to produce death was uncertain; didn't know the general rule; didn't think it was a rule that it did not exceed from ten to twelve hours.

The abnormal wetness of the brain might be produced by an injury to the brain or by opium poisoning; a wound to the brain imperceptible to the naked eye might produce it.

The witness gave in detail the diseased condition of the heart, kidneys and fall, and said that while those conditions might lessen Sheedy's power to resist disease, it would cut no figure in case of such an injury as was inflicted by the assault. From the diseased organs witness thought that Sheedy was likely to die at any time.

The doctor said that the second examination of the remains was made at the invitation of Mr. Hall; he was to be paid but didn't know who was to pay him; Mr. Hall had said he would pay him; the liver and bladder were put in jars and taken by Professor Haines of Chicago; they were taken to the Lincoln hotel; they were not sealed up; didn't know whether or not Dennis Sheedy was at the Lincoln hotel at the time; the head and neck were put in a pail and taken by witness and Dr. Winnett. They were kept in Robert's morgue in a pail on a table, locked in the room.

When the witness reached the Sheedy residence after the shooting Mrs. Sheedy had exclaimed that Mr. Sheedy was shot and she wanted them to do something for him immediately. Didn't know whether or not he had testified at the coroner's inquest that Mrs. Sheedy had said on Monday morning that she would give $1,000,000 if he could be restored to consciousness. If he had so testified,she had said it, but he didn't remember. The witness was then excused.

Mrs. Swift Will Testify.

Mr. Snell said that he had filed a motion asking that he be allowed to correct a name upon the information. The law will not permit the county attorney to endorse any new names upon the information after the trial has been begun, but in this instance the name had been wrongly written as Mrs. Patrick Smith, whereas,it should have been Swift. It appeared that Mrs. Swift had been sub[?] at the preliminary hearing, but had not testified. Everything was regular except that the name had been written incorrectly upon the back of the information. The court held that he would permit the change, and it was decided not to call the witness until this morning, so that the defense can submit counter affidavits.

Monday's Mouth Kept Working.

H. P. Love said that on the morning after the assault he met Monday McFarland in front of the Hotel Mack. Monday came up and out of the basement with a cane in his hand; he was drunk and ran against witness, and Monday said, "Get out of my way or I'll use you like they used John Sheedy," or "I used John Sheedy," witness would not say which.

Cross-examined, witness said he was a brakeman on the B. & M., but Mr. Hall had never talked to him about the case.

Thought Death Due to Compression.

Dr. Mitchell was called and sworn. He said he was a graduate of Rush medical college and he had been practicing twelve years. He was present at the Sheedy home about noon on the day following the injury in consultation with other physicians. They discussed trephining or removing a button of the skull to permit access to the brain; the decision against trephining; witness' opinion was that the symptoms were those of compressions and he did not favor trephining.

At this point Mrs. Sheedy summoned the attention of Colonel Philpott and whispered to him. He in turn whispered to Mr. Stearns, and the latter moved aside so that Mrs. Sheedy could see the face of the witness, whereat she appeared to be very much pleased.

Witness was present at the autopsy, but took no part in it, because he was there chiefly to satisfy himself as to whether he had been correct in his opinion given at the consultation. The brain appeared perfectly normal, though witness made no close examination.

"From the symptoms as you observed them in John Sheedy's last illness. and from your examination at the autopsy and from your examination of the injuries to the skull to-day, what in your opinion was the cause of his death?"

"Well, the evidences of injury as shown by the skull would not be certain to produce death, and I have seen no reason to change the opinion I first formed that it was due to compression."

He thought that the theory of compression would account for every symptom shown in the Sheedy case. The effects of compression are not always immediately manifest. The pouring out of the serum or blood which causes the pressure of the brain may be slow; did not think the examination of the brain was a very critical one; it didn't appear so to him. Saw no fracture of the cranium at the time of the autopsy and saw no ciota of blood in the brain.

The doctor's testimony suited the defense pretty snugly and Mr. Strode remarked:

"Doctor, you're too good an anatomist and I'll not cross-examine you."

The Photographer [Be?] In.

S. M. Meliek was recalled to identify the photographs of the Sheedy residence heretofore offered and they were introduced in evidence over the protest of the defense.

Drawing Near the End.

"Call your next witness," remarked the court.

"Your honor," said Mr. Lambertson, "we only have about two more witnesses to examine. One of them is Mrs. Swift and the other is Myron Wheeler. The latter has gone away and we don't know when he will be here. By him and his notes we expect to prove the confession before the coroner's jury. If the attorneys for the defense will admit the stenographer's report of that confession we can go ahead without any further trouble."

"I believe." retorted Mr. Strode, " that it was John Paul Brown who said that a criminal lawyer in the trial of a ease should never admit anything."

"And I believe he added," smilingly replied Mr. Lambertson, "except in desperate cases."

Mr. Strode protested that he would rely upon the promise hitherto made by the state to have Dennis Sheedy, sr., here when the defense wanted him, and gave notice that they would want him by Thursday morning.

"We will see that he is here when wanted," said Mr. Lambertson, "and if there are any other witnesses who are wanted by the defense we will send for them and pay their expenses."

Mr. Strode complained somewhat strenuously of the fact that young Dennis Sheedy was not present as a witness; saying that as his name was on the information the defense had made no effort to procure him. They had supposed that so important a witness should certainly be here at the instance of the state.

"Didn't that same authority you quoted a few moments since," sarcastically inquired Mr. Hall, "say that in criminal cases a lawyer should never suppose anything in reference to the intentions of the opposing counsel?"

Judge Field admonished the counsel that 4:30 was a little early to shut down work and advised them to have their witnesses ready hereafter. Court then adjourned until 9 a. m. Wednesday.

Incidents and Speculations.

In spite of the fact that on the previous evening the state had announced that it had but two more witnesses to introduce in the Sheedy trial. it somehow managed to put in the entire day in a most interesting manner in closing up the state's testimony. This was due to the bitter opposition evinced by the defense, first to the introduction of McFarland's confession made before the coroner's jury, and next to the reading of the testimony of Mrs. Sheedy before the same preliminary tribunal. But Monday's third confession was read, making the fourth time that the details of his alleged amorous relations with his fair co-defendant, and her alleged subtle cunning in leading him to put her husband out of her way, have been recited at length to the jury. And Mrs. Sheedy's testimony went in also. To say that that jury has paid strict attention to the salacious details of that confession is putting it entirely too mildly. No prattling urchin in a loving mother's arms has ever listened with more wrapt attention to the fairy tales so fraught with interest to the child than have they bent upon that startling story of duplicity and sinfulness. They have leaned forward in their chairs until two semi-circles of six heads each, on above the other,have encircled the head of Stenographer Wheeler in uncomfortable proximity thereto, and when one hand was not sufficient to guide the sound, unwanted, into each individual ear, both hands were unwillingly and eagerly utilized for that purpose. The attention they have given it would hardly be an indication that they have esteemed it the ignorant vaporings of an entrapped negro. It would indicate that they at least deem it worth consideration.

Myron E. Wheeler, who, as deputy state auditor, has been absent for several days settling up the affairs of the defunct Nebraska Insurance company, was on hand yesterday as a witness for the state and the cane was reproduced. He was so busy, however, with other affairs, that he was out once or twice when the state wanted him, and once Mr. Lambertson asked that an attachment issue for him. In a moment, however, he appeared and Judge Field ordered him to forego his other duties and remain in the court room.

It must have been a day of varying emotions for the defense. and if one could judge from the testimony there were very few pleasing ones for them either. When Mrs. Sheedy entered the court room in the morning there was more color in her pale cheeks than has been noticeable since the trial began, but it disappeared immediately upon the state's proposition to read Monday's third confession. The gravity that was pictured in her features remained until the witness, Mrs. Swift, took the stand, when it perceptibly gave way to anger.

Was Monday Under Oath.

The first thing that aroused the interest of the spectators at the morning session was the offer of the state to have Monday's confession read. The first witness called brought on the conflict. It was objected to by the defenses, as it was claimed that Monday had been sworn [are?] he made it.

T. C. Munder had lived five years in Lincoln; was a lawyer by profession; was a member of the coroner's jury and knew Monday McFarland; he was before the jury on the Monday after the death of Mr. Sheedy at about 4 p. m.; he made a statement before the jury; it took him about half an hour. Witness' recollection was that Monday was not sworn. Several circumstances occurred to indicate that he was not sworn. The witness was asked to relate Monday's confession made at that time.

The defense objected for the reason that this confession was made subsequent to other confessions which were made under duress, that it was not voluntary, that the person making the statement was under arrest at the time charged with the murder of John Sheedy and that the statement was made under oath.

In relation to the admissibility a confession before a coroner's jury, the court asked counsel to submit authorities, and upwards of an hour and a half was devoted to the citation of decisions and the arguments. Mr. Stearns read a number of authorities to the effect that a defendant's statement made at a preliminary hearing or coroner's inquest, if made under oath, is not admissable in evidence against him on the trial.

Mr. Snell cited a number of later decisions from the same states holding the reverse, and especially a decision to the effect that where two persons are charged jointly with a crime the admission of one of them before a coroner's jury, even though made under oath, is admissable in evidence.

Mr. Lambertson then gave the audience an earnest of what may be expected from him in the final argument of the case. He thought, in brief, that the administration of an oath, instead of rendering a confession incompetent, should make it more trustworthy.

Judge Wier, Mr. Philpott and Mr. Strode each spoke to the point at issue, and at the close the court announced that he would adhere to the rule established in the case of Warren Clough and would rule out the confession in case it could be proven that Monday was sworn at the time.

Myron E. Whealer was called to the stand. He reported the confession before the coroner's jury. He said he had a peculiar mark of his own by which he indicated when a witness was sworn. He has that mark on his notes for Monday, indicating that he was sworn. He didn't remember the administering of the oath, but remembered everything else in connection with his appearance.

S. M. Melick said that Monday was not sworn on the start, but after he had said a few words someone called attention to the fact and he was sworn. That was his recollection; didn't think that the coroner nodded his head and went right along when attention was called to the fact that Monday was not sworn.

Deputy Sheriff A. C. Langdon was sworn and said he took the prisoner from the jail before the coroner's jury and thought he was sworn, but was not positive. When cross-examined witness said that he had no positive recollection about it; if he was sworn he was sworn before he commenced testifying.

Dr. Everett was called to identify as standard medical authorities "Agnew's Surgery" and "Taylor's Principles of Medical Jurisprudence," which were offered in evidence by the state.

Dr. Holyoks, coroner, was sworn and testified that Monday was duly sworn prior to his confession; felt confident that he had sworn him; Monday was brought there in the capacity of a witness. Witness identified the subpoena, which was offered in evidence, and said he remembered distinctly having sworn him; he looked just as he did when he had made his confession on the preceding Sunday, perfectly cool and calm.

The attorneys for the state subjected him to a vigorous cross-examination, but he said he was absolutely positive that he had sworn Monday; remembered it because he was an interesting witness; if he was sworn it was before he had uttered one word of testimony; didn't remember that Monday was asked to stand aside, after he had begun testifying, to permit of the examination of Mr. Goldwater.

Three facts which the witness did not remember had been sworn to by all of the other witnesses.

Deputy Sheriff Henry V. Hoagland said he was present when Monday testified and his recollection was that he was not sworn; remembered that some one spoke to the coroner after Monday commenced testifying, asking if Monday had been sworn, and knew that he was not sworn after that. Witness didn't remember Monday having stood aside to permit Goldwater to testify and wasn't sure that he was not sworn at first.

Mrs. Sheedy's Testimony.

Before a decision was reached as to the admissibility of Monday's confession, Myron E. Wheeler was called by the state and testified that Mrs. Sheedy was before the coroner's jury on the [word?] day

of January and prior to her arrest. He had the notes of her testimony given at that time and the state offered them in evidence.

"This is the testimony, as I understand," said Mr. Strode, "Which was given before she was charged with the crime?"

"Yes, sir." replied Mr. Snell.

"I don't believe we'll object, but I should like a copy of it first."

He did object, however, claiming that much of her testimony was irrelevant and immaterial. The court overruled the objection.

The reporter began reading the testimony wherein Mrs. Sheedy gave to the coroner's jury the details of her former marital relations. Her maiden name was Mary Gabriele, Married Horace McCool about fifteen years ago and obtained a divorce from her about on year later. Her second husband was George A. Merrill, from whom she was divorced in two years, was married to John Sheedy nine years ago at New Orleans. She then went into detail in relating how Sheedy had long anticipated injury from his enemies, mentioning the man who was sent to the penitentiary for stabbing and several others, among them a man named Gleason, formerly of the Ivy Leaf establishment. She told how she had besought him to tell her of his troubles and enemies, which he had declined to do, and at times had denied that he had any. She said that she had been led by him for a long time prior to last winter to believe that he was not interested in any gambling ventured, probably to quiet her fears, and it was only upon the beginning of the legislative session that she had learned from him that he had a fourth interest in the establishment in the Quick block. She had endeavored to convince him that there was no necessity of his continuance in that business, but without avail.

She related in detail the events surrounding the assaults made upon him at his own door. On the evening when the fatal assault was committed she had gotten supper herself about 6 o'clock. Just before the assaults made he had said he would go down to the Capital hotel a little while to find out whether or not "we had a governor yet." She was not well at the time and tried to persuade him not to go, but when he persisted she helped him don his overcoat. She though to herself that if he went down town she would take some medicine and go to bed. She had, therefore, pulled down the window curtains. A little while before he went she opened the front door to let the dog out. The latter went out, but immediately returned, whining and scratched upon the door until she let him in again. She usually went out on the porch with her husband, and some times walked a short distance with him, but she was unwell that night, and when he started out she started for the kitchen to prepare the medicine. She heard the door close behind him. Immediately afterwards she heard the shooting and ran out upon the porch screaming for assistance, and that her husband was shot. The girl was away from the house all that afternoon. Once that evening she had gone out after a pitcher of water, but had seen no one. On the day before the assault Sheedy had been in remarkably good spirits and young Dennis Sheedy had remarked that he had never seen his uncle feeling so well. She related conversations with her husband after the assault in which he had told her that his wounds were worse than the doctors thought they were, but when she asked him if he though he was badly hurt he replied in the negative as if to quiet her fears. She had been cleaning his clothing when he asked her what she was doing. She replied that she was cleaning his garments, so that he might put them on in the morning when he went out. He replied that that he would not go out in the morning and asked her to turn down the light and get in bed. He told her that he thought his assailant was a tall man; not a big man, but a tall man. He had never talked much about his troubles to her. Lately when she had asked him to tell her who were the enemies he feared he had declined, and when she asked about Fleason he had said he was a dirty coward.

The reading of his testimony consumed over half an hour, and every word of it was eagerly absorbed by the attentive jury and audience.

The state depends upon it for corraboration of the darkey's confession, as it tells of her having gone out after a pitcher of water and of the curtain being down. It will be remembered that the darkey tells of her having come out after a pitcher of water, and that she was to give the signal when Sheedy was coming by raising the curtain. The dog episode will also be used by the state, as it will be claimed that the reason that the canine did not bark when he wanted back into the house was because he knew Monday McFarland, whom he saw outside. The state will also avail itself of a voluntary statement on the part of Mrs. Sheedy to the effect that she was not in the room alone with her husband after the assault.

Taken as a whole the testimony sounded very favorable to the defendant and was certainly calculated in itself to win her friends, but the state claims valuable assistance from it to prove her guilt.

The Colonel Though He Wasn't [Swore?].

Colonel Robery McReynolds was then sworn and testified that Monday McFarland was not sworn when he testified before the coroner's jury. Witness remembered that something was done about Gold water at that time, but Monday did not give place to him, and no other business interrupted Monday's story; didn't remember anyone having asked the coroner whether or not Monday had been sworn. Witness had it in mind that Monday should not be sworn and any attempt to swear him would have challenged his attention. Believed Coroner Holyoke had asked him about a month ago if he remembered whether or not Monday had been sworn. Didn't remember having been asked by Mr. Strode and replying that he was not sure about it; didn't see how he could make such a reply when he was sure that Monday had not been sworn.

Court then adjourned for the noon recess.

Afternoon Session.

Upon the reassembly of court the state put Mr. Snell, the county attorney, on the stand. It was apparently ladies' day in court, for the room was full. Witness said he was present at the coroner's inquest when Monday was brought in and according to his recollection Monday was not sworn.

Cross-examined the witness said that Walstrom was sworn, but couldn't say why one was sworn and not the other. He remembered the fact because someo one asked the coroner whether or not McFarland had been sworn. The coroner nodded affirmatively, and the witness knew knew then that he had not been sworn, but did not endeavor to correct the coroner. Witness did not then know that it made any difference. Would not say beyond the possibility of being mistaken that he was not sworn, but had a very strong conviction.

"Then you will not swear that he was not sworn, will you?" asked Colonel Philpott.

"Well, I-"

"Will you or will you not?"

"Your honor," chimed in Mr Lamberson "the witness has answered the question, and-"

"What's the matter now?" roared Colonel Philpott, pounding the table emphatically.

The court ruled that the witness had already answered the question.

"Does the court sustain the objection?" asked Colonel Philpott.

"The objection is sustained," said Judge Field.

"Give us an exception," triumphantly shouted Colonel Philpott.

Myron Wheeler was recalled and further examined as to whether or not Monday had been sworn, and he was then asked to explain what mark he used to indicate that a witness had been sworn.

The state then asked him to read Monday;s third confession and the defense renewed their objections.

Colonel Philpott Answers His Own Questions.

Colonel Philpott then took the stand and, by asking himself his own questions, replied that he was first employed by Monday McFarland's wife to look after his case, explaining how he had been denied admission to his client and that Monday had been taken before the coroner without the knowledge of his attorney.

Cross-examined, the witness said he had first seen his client in the jail on Sunday morning; talked to him fifteen or twenty minutes; saw him very frequently up to noon of that day; saw him three or four times that afternoon; believed either Mr. Strode or Mr. Stearns had also seen him; that was after his confession on Sunday; gave Monday some advice, but not as to keeping his mouth shut; saw Monday last at 10 or 11 o'clock Sunday night and never saw him again until after he had been before the coroner's jury; didn't dream that such a thing would be done. He had arranged with Monday to secure Captain Billingsley to assist him.

The state admitted that Monday was confined in jail before he was taken before the coroner, charged with the murder.

Monday's Third Confession Read.

Mr. Wheeler took the stand again, the court having ruled that the confession should go to the jury, they to determine as to its competency as evidence, the state being allowed the privilege of subsequently showing that Monday had been arraigned and had pleaded not guilty on Monday morning, just a short time prior to his confession before the coroner's jury.

At about this time Stenographer Wheeler was noticed to be sweating most "stertorously." The room was filled with ladies, and the prospect of reading that confession before them, with its many striking peculiarities, could but be an appealing one for a modest man. But he had to do it. He moved his chair over near the jury and read the long confession in a low tone. It was in substance identical with the confession made in the marshal's office, which has been published in every detail.

It required little over half an hour to read the report, during which time the most impressive silence reigned, broken only by the low monotone of the reader's voice.

During the reading the fair defendant exhibited considerable restlessness and her eyes roamed listlessly from the floor to the jury, from the jury to the court and back again to the floor.

Mr. Swift on the Stand.

Mrs. P. H. Swift was sworn and said she had been acquainted with Mrs. Sheedy about two years this summer; frequently visited Mrs. Sheedy for four or five months prior to Sheedy's death; thought Mrs. Sheedy went to Buffalo in the latter part of July or first of August and returned in the fall; thought she went there for medical treatment, as she was in delicate health; saw her after she returned; had some conversation after she returned about her relations with Mr. Sheedy; she said her husband was very jealous of her; she didn't speak of him as if she like him as well as most women like their husbands; she said it was because he was jealous of her and didn't want her to do as she wanted to in some things; didn't even want her to have any lady friends; couldn't remember just what she said as to her feelings for him.

"Did you have any conversation with her wherein she said he had threatened to kill her?" asked Mr. Lambertson.

The defense objected to every question as leading, and the court permitted the attorneys for the state to make them leading, as the witness did not evince an inclination to answer anything unless directly interrogated.

"Yes, sir; she told me that he had threatened to kill her at one time; that was in November of last year."

"What did she say he threatened to kill her with?"

"With a revolver; that was after she returned from Buffalo; it was in the evening when she said it and Mr. Sheedy was not there. Thought Mrs. Sheedy said that the quarrel was about her relatives."

Witness said that when Mrs. Sheedy told her that her husband was going to shoot her witness laughed and told her that she had heard it was because she had given her ring away and told her husband that she had lost it. To which Mrs. Sheedy replied that that was not what the trouble was about; that it was about her relatives.

At another time Mrs. Sheedy had told her that she was very unhappy and had the blues awful bad, because Mr. Sheedy was so jealous of her that she couldn't enjoy herself at all. Witness had once said:

"Mrs. Sheedy, you ought to be happy; you have everything that heart can wish for, and are so much more comfortably situated than many others."

"Mrs. Swift, give me a workingman any day to live with in preference to the man I live with," was Mrs. Sheedy's reply.

"She always held out to me that she would give anything for a child. Two or three months after she returned from Buffalo she told me she was in a delicate condition, but didn't intent to have a child. Sometimes afterwards told me she was all right; that she had used something herself and was all right; that she did this because her husband was mean to her at that time. Mrs. Sheedy once told me that she had fixed to leave him; that was about the 1st of November, after she had returned from Buffalo."

Mr. Lambertson endeavored to draw her out upon a visit at the Sheedy residence one afternoon. She said that she had been met at the door by the servant girl, who did not invite her in. She inquire if Mrs. Sheedy was at home and the girl replied affirmatively. She asked if she might see her. The girl soon informed her that she might. When she went in Mrs. Sheedy came out of the bed room in a few minutes. In a little while she excused herself and went back into the bed room.

"Did you see anybody else in the bed room?"

"No, sir."

"Could you see into the bed room?"

"No, sir."

"What was Mrs. Sheedy's condition? Was she sober?"

"I can't say but what she was. I don't remember that she was not." Did you hear any noise in the bed room at that time?"

"I can't say that I did."

During this portion of the examination the audience were strongly suspicious that there was a "nigger in the woodpile," which latter in this instance was the bedroom, but the witness was too reluctant, and if he was in there the state didn't get him out.

Was at the Sheedy residence on the day after the assault and Mrs. Sheedy had told her at 11 o'clock a. m. that the doctor had said that her husband couldn't live; witness had offered to assist, but Mrs. Sheedy thanked her kindly and said that there was nothing that could be done. Witness had suggested remedies to revive him, but Mrs. Sheedy had said it was useless. In the cross-examination the defense endeavored to show that the attorneys for the state had been to see her to ascertain what they could prove by her, but she said no one had ever been to see her, and the first time she knew that she was to be a witness was when she was served with a subpoena.

In return for this little investigation the state brought ought the fact that Mr. Strode had had a conversation with the witness in which he had said: "I thought you were a friend of Mrs. Sheedy's." He had also told her that he thought her testimony would go farther toward the conviction of Mrs, Sheedy than any other that had been brought out. Mr. Strode volunteered the remark that the witness was correct. She said he had also remarked that if he had known what she knew about the case he would have been to see her.

In this instance, as all during the case, the attorneys evinced a zealous ambition to show that the opposing counsel had been tampering with the witnesses, and when Mr. Hall, during the early part of the examination of the witness, indulged in some remarks directed toward Mr. Strode, the latter, in a passionate manner, protested against the insinuation that he had been tampering with the witness and hurried it back at Mr. Hall as an insult. The court quietly advised less clamor among the attorneys and more attention to business.

The witness was subjected to a vigorous cross-examination, in the course of which it was the endeavor of the defense to make it appear by her own testimony that the witness had frequently met Sheedy at his house during his wife's absence in Buffalo, and her replies to Mr. Lambertson gave her a chance to explain that she visited Mrs. Dean, Mrs. Sheedy's sister, who was at the house, and was never there to accept when Mrs. Dean was present. Mr. Strode also asked the witness if she did not receive a Christmas present from Mr. Sheedy, and she replied in the negative. Then she was asked if she had not been given a present of three pairs of silk stockings by Mrs. Sheedy, and replied that she had, but didn't know that they came from Mr. Sheedy, and would not have taken them if she had.

Upon the cross-examination Mrs. Swift also stated that she had never seen anything other than what she had related in the relations of Mr. and Mrs. Sheedy to indicate that they were not happy. She denied that when Mrs. Sheedy had told her of her desire to keep from becoming a mother there was any community of interests in their conversation.

She had frequently drank wine or beer at the Sheedy house with Mrs. Sheedy.

During Mrs. Swift's examination and cross-examination Mrs. Sheedy moved up close to Mr. Strode and kept up a constant whispering. She it was, evidently, who inspired the imputations against the witness, as, in spite of Mrs. Swift's stubborn refusal to tell anything that was not positively drawn out by main force of the direct questions put, Mrs. Sheedy flared at her in a manner that attracted the attention of everyone.

After Mrs. Swift had left the chair she was recalled and testified that soon after the shot was fired that night of the first assault she had had a conversation with Mrs. Sheedy in which the latter said:

"You see, Mrs. Swift, some one is after him and determined to kill him, and they'll get him yet."

At that time she also said she had the blues and was impressed with a presentiment that something was going to happen to him, and inquired if Mrs. Swift believed in presentiments, where upon witness replied that she did.

The attempt of the defense to impute to her undue familiarity with Sheedy had aroused her mettle, and it is probable that, had the state sought to question her further, it would not have been so difficult to induce her to tell what she knew of the Sheedy family.

The Closing Odds and Ends.

Mr. Hall then offered in evidence an inventory of the Sheedy estate, showing it to be valued at $57,483.23. It was put in evidence.

Mr. Hall then said that this closed the evidence on the pary of the state, but that he desired to make a statement concerning the analysis. He related how the first chemical analysis by Professor Vaughn of Ann Arbor had revealed no poison in the stomach, and how the second by Professor Haines of Rush medical college had failed to reveal the presence of poison in the bladder. He thought it but fair to the defense to make this statement, but the state still contended that morphine had been administered and had passed out of the system.

A number of standard works of medical authorities were introduced by the state and Mr. Lambertson declared that this closed the case for the prosecution.

The attorneys for the defense had not decided last evening whether or not Mrs. Sheedy will be put on the stand. It is said she wants to testify, but there is a difference of opinion among her counsel as to the advisability of subjecting her to the cross-examination which the state has in store for her.

HAPPILY WEDDED.

Marriage of Mr. Thomas D. Thresh and Mrs. Helen A. Leslie.

The ceremony that joined the lives and united the fortunes of Mr. Thomas D. Thrash and Mrs. Helen A. Leslie, was performed by Elder Howe at his residence at 8 o'clock last night in the presence of a few select friends of the happy couple. The groom has been a resident of Lincoln for about five years and holds a remunerative position in The Journal news room. The bride is well known in Lincoln and is a lady of affluence and education. The congratulations of a host of friends and acquaintances of the happy couple are extended. After a visit to Denver Mr. and Mrs. Thrash will make Lincoln their future home.

Licensed to Wed.

The following marriage licenses have been issued by the county court:

Age. Jesse H. Byrkit, Fairfield .......................... 24 Mary Traner, Lincoln .............................. 20 James M. Cottrell, Dakin .......................... 23 Grace Seaman, Lincoln ................................... 18 Samuel Black, Lincoln ......................... 42 Mrs. Mattie Marshall, Lincoln............ 33 Dietrich Cramer, Firth .............................. 25 Wilhelmina Rausch, Firth .............................. 44 Frank Patterson, Lincoln ........................ 21 Sadie Reding, Lincoln ................................18 Andrew Beiggs, Lincoln ......................... 29 Jennie Scott, Lincoln ............................ 24 William B. Ward, Seward ........................ 25 Minnie Mann, Lincoln .......................... 25 Thomas D. Thrash. Chattanooga, Tenn ....... 35 Helen A. Leslie, Lincoln .......................... 33

The Harvard city council has abolished the office of marshal in that city.