251
THE SHEEDY CASE.
(Continued from page one.)
the door shut, and I told her. I said, "Mrs. Sheedy, I have got to give this up; I can't do it." I said, "the man no longer than Friday offered to fit me up a nice barber shop, and I can't do it; I have come to tell you; if you want to shoot me, just do it." She said "I have a God d---d good notion to shoot you, and tell the people you're trying to rob me," and I said "If you want to shoot me, shoot me, but don't tell people around here that I was trying to rob you." She said, "I have got a good gun and it shoots twice, and shoots a big ball and I've got a God d---d good notion to shoot you," and I thought she was going to shoot me.
Where was you; in the house?
I stepped out of the door then. My feet were on the porch.
Was the door open?
Yes, because I thought she was going to kill me. She told me to leave that cane. Well, I don't know just where I set the cane down, but I she was was going to kill me. She told me to leave that cane. Well, I don't know just where I set the cane down, but I set it up against the wall somewhere and she said, "Now, hold up your hand. If you hold up your hand and swear that you will never tell nothing that I have told you or no secrets, no matter what happens, I will let you go; but if you ever do, I will have you killed--before you get on the witness stand. Your blood money will never do you any good." and it done me so much good that I just dropped on my knees and held up both hands and I said I will never tell anything. That is the reason I was afraid to tell last night. And she said to me, "Now you take a walk; don't you never speak to me any more; you go out the back gate," and I went out the back gate and went to Fourteenth street to the barber shop to get my overcoat, but the man was not there and I turned right around and came right on down Fourteenth street to P street and then came right down P street home to supper; and I didn't find my wife there.
What time did you eat supper?
I was to eat supper at 6 o'clock, but I didn't eat because my wife was not there, and I waited a while for her, and it was about 6 o'clock when I got home or after 6, and I waited around there for her and she didn't come, and I said, "I am not going to eat supper now; it is about 7 o'clock and I will go up to George's and get my wife," because I knew she was up there and when I started away it was about five minutes to seven as near as I can remember; I started out and went over to this drug store out there and got myself a half pint of whisky and during my walk from there to where George lives I drank this; it was a half pint of whisky I mean; I drank this half pint of whisky I mean. I drank this half pint of whisky and just about the time I was opening the door there to go into the house--just in the act of going in--I heard the report of his revolver.
Into Bott's house?
Yes sir, I was going into Bott's house, and I just stopped a second and I heard the next one, and then I turned and went into George's and I hadn't any more than started in than I met this man, this man I had been hunting that had my overcoat, and he said, "Hello, I've been looking for you." He said, "I want my overcoat." I said, "That is what I wanted. Is my wife here yet? And he said, "Yes, Where is that shooting?" I said, "I don't know." He said, "I just started out to see."
You suspected, of course, but I didn't know, because I was not expecting to hear any shooting; we changed overcoats and just stepped back inside the door and I stepped in and he spoke up and said to my wife, "Monday is here and wants you to go home," and she got up and I went down O street home.
What time wast this?
Right after this it was not more than five minutes time I was there.
It was after the shooting when you when you started home?
Yes, I started from there home.
Who is the other man you speak of?
He runs a barber shop out on Fourteenth street.
Where did you go that night?
I stayed home until about half-past nine.
You reached home about what time?
It generally takes me about half an hour to go from there home.
Where did you go when you left home?
I came back to town--right straight up O street--right straight up O street on the south side to Mr. ----------, do you know where this drug store is opposite the post office? I went up that stairway and I took off my overcoat and laid down there and went to sleep.
When did you leave there to go home?
About half past 12, I guess, and I went over to Lindsay's and got a drink and had a little lunch, and this man that tends the tables in there when I saterted out he told me about this accident about somebody trying to kill Sheedy. Mrs. Sheedy said to me that if she had him on the bed she would finish him; that she would get somebody to do enough to keep him in bed and she would finish him; that is all she wanted. That she had some stuff there that Dr. Fuller had left there, and he told her when he left it. "If you give him a little overdose it will kill him," and she said she could give him a little overdose or chloroform him.
Who did Dr. Fuller refer to giving it to?
To Sheedy, I guess, and she said that if she couldn't do it with that she could do it with chloroform. She said she did chloroform him. She said she did chloroform him once in order to rob him; this was about the time they were having this fight with the gamblers. She said he drew out $5,000 order to buy up the council, and she said she chloroformed him to rob him, but all she got was a one dollar bill and a two dollar bill, and that was all she got.
You started to tell about changing overcoats with this fellow--did he kill him?
No, sir.
Then you killed him?
No, sir.
Who did?
I don't know, I changed overcoats with Mr. Stepney.
How did you come into possession of his overcoat.
We were out having a time, like we always have been since we've been here, and sometimes I wore his overcoat and sometime he wore mine, and this time we happened to change and I went home with his and he went home with mine.
Did you ever have any talk with Mrs. Sheedy about this matter after the shooting six weeks ago.
She said she supposed it was done for robbery, and she asked me if I heard of it and I said yes, and she asked me what I thought about it.
Did you have a gun at that time?
No, sir, not then I didn't.
You had no gun then?
No, sir.
When did you have a gun for the last time in your possession?
Monday.
Which Monday?
Last Monday.
When did you get that gun?
Oh, I got that gun a little before Christmas.
Where did you get it?
I bought it with a fellow.
When was the shooting?
I couldn't tell you what day it was.
If you and Mrs. Sheedy had had this talk before he was shot at, and then this followed and he was shot at, you naturally would suppose she was carrying this out by some means, wouldn't you?
Of course I had my ideas about it, but I didn't dare say.
You and she would talk this matter over and would speak of it, but you wouldn't speak of it as robbery, when you and she had planned it all over, would you? Now, what was your talk?
The talk we had? I will tell you. It was just like this. She kind of laughed and asked me what I thought about it, and I told her I thought it was done for robbery, and she said, "Of course, he thinks so," and then she laughed.
Then she didn't think it was robbery?
I don't know.
Didn't you make the remark that he didn't do a good job; wouldn't you naturally say the fellow was not much good?
I thought he was a very poor marksman that was that close to him and didn't hit him, and I said that to her.
What did she say in reply to that?
She didn't say anything, only laughed.
When she employed you to do this murder did she ask you whether you were used to a pistol; whether you were a good marksman?
No, sir, I didn't have no pistol.
Didn't she get that pistol for you--didn't she give you money to go and get it?
No, sir.
I thought you said she got one out of a pawnshop.
Didn't she give you a revolver at one time?
No, sir, she showed me one.
Did she ever make you a present of anything?
Yes, sir, of a gold ring and some money.
How much money did she give you toward the last.
Oh, from first to last she gave me $5 at one time, and $1 at another time, and $1 at another time.
Is that all.
Yes, sir, that is all, but she said she would square with me if I didn't say anything about what I had been doing for her.
When did she give you the ring.
About Christmas.
Would you know it if you saw it.
I think I would; yes, that's it.
Under what circumstances did she give you the ring.
She got this ring and put it on this finger--like that. She said, "I have got money young fellow, but I'm not going to give it to you, because you're not going to euchre me any more. I will place this on here to apply on account and to prove that I am in earnest. I will not give you any more money, because if I do you will blow it in and get drunk, and go to fooling around."
What was the arrangement about the $5,000.
She said she could get it any time she wanted it.
She said, "If you will come to me next day, or come to the door," she said, "I will give you as much as $500 or $600, and in a day or two I will pay you the remaining part, and more--I will make you a present of that much. I will give you that much the next day, and I will pay you the $5,000 in a few days. I can get it."
Have you ever been near her house since Mr. Sheedy's death.
Yes. I was there Monday morning or Tuesday morning, and my wife and I went there Wednesday.
When did you dress her hair last.
Saturday. I didn't shampoo it, I just dressed it and combed it.
Did you ever keep any of her hair when you were dressing it.
Yes.
You had better tell everything connected with this affair.
I am doing the best I can. Here is some of her hair.
Did you feel an affection for her.
Certainly, naturally as a man would.
Did you feel jealous toward the other fellow that came out here.
No.
(McFarland here told of the frequency with which he had maintained relations of intimacy with Mrs. Sheedy, and said that she had once informed him that she had become pregnant in consequence thereof, and that she had taken steps to escape the maternity of a black child.)
Isn't it a fact that you went to that drug store and bought that whisky and came down there and smashed Sheedy over the head with a cane.
No sir, if it is the last words I ever say--I didn't.
That whisky made you a little fall, didn't it. Made you feel kind of good didn't it.
Yes, it made me feel pretty good.
You got that whisky and it made you feel pretty good, and you came down and smashed Sheedy and run. Now, tell me the truth--we want you to make a clean breast of it.
I will tell the balance of it. I will make my statement. I am already in it, and I have to get one of the best way I can, and I might as well tell the whole thing. I said I didn't come back from supper. I did come back. I promised her I would come back, and when I came back she met me right on the porch, where I left her. She told me that Mr. Sheedy was sitting in the house. She went into the house and brought me out a drink of whisky--nearly half a glass full. I drank the whisky. I was standing right by the well and she pumped a bucket of water; she told me where to go, and gave me the cane. Well, I'm in for life or death anyway, and I've got to die, anyhow, and then she came back again, and she said, "I guess he is not going to go down town, but I am going in to advise him to go out and take a walk; and when he starts out to take the walk I will give you the signal by raising the window curtain over the east window, and when I do that, she said, "Then you step up on the porch and hit him. If you don't kill him it is all right, all I want is to get him into bed and I'll finish him." and sure enough she did. When he got ready she put his overcoat on and gave me the signal through the window. After I got there my heart failed me. Then I knew I was a goner anyhow, and I hit him. I don't know how hard I hit him; I don't think I hit him very hard.
Hit him with the cane.
Yes sir.
With both hands.
I was so scared I can't tell whether I hit him with both hands or not. Anyhow I dropped the cane.
You must have hit him twice.
No, I don't think I did. And then I turned and run, and she slammed the door to, and when I turned and run I fell, and he shot at me three or four or five times, I don't know which it was.
He didn't hit you.
No, he didn't hit me, but I thought I was dead.
Where did you fall.
I fell right off the porch; I went up against the lattice work.
Is that how you came to drop the can.
No, I dropped the cane before I turned round. The cane flew out of my hands when I struck him.
Did you see her after that.
No.
You didn't see her for several days afterward.
I saw her at a distance.
You said a while ago that you and your wife were there Wednesday.
I didn't get to see her.
Did you stop behind the house then, or did you go out in the alley.
I went right on out in the alley.
Where did you go from the alley.
I went out on O street. I went out to Thirteenth street and went right on down Thirteenth street.
Had you tied the gate open so you could get out that way.
No, sir.
There was another man with you, was there not. A smaller man than you are.
No, there was nobody with me.
You did it all alone by yourself.
I did it with her assistance.
Now, was there not some other fellow a little smaller than you are, with you.
No, sir, there was not.
How far had you gotten from where you struck Sheedy until he fired the first shot.
He fired the first shot at me about the time I hit him.
He did.
Yes, he had his hand on his gun when he came out of the door, and of course the minute he stepped out of the door he flashed his eyes one me, and about as quick as I could hit him he shot. All he had to do was to snap it from his pocket.
He didn't say anything.
No.
Do you think he recognized you.
Yes.
Do you think he knew who you was.
He look me right square in the face.
Was it dark.
No, sir, it was light enough for a man to see anybody.
Which side of the door did you stand on.
On the south side of the door, and when the door was open it was light enough to see anybody.
You are satisfied he knew who you were
Yes, sir; she didn't holler until he fell; he had been hit before she hohllered.
How do you account for his getting hit on the hand.
I don't know. Now I have told you the whole ruth.
You say you ran out through the gate, and out into the alley and then over on Thirteenth street, and then down to your barber shop.
No. How long before you met this fellow you changed coats with.
Just as quick as I could go from there up there.
Where was he when you met him.
Right where I told you.
Where was that.
About half way between the house and the gate.
Now, was there any man in this with her. Was there any man that encouraged this, that you ever saw. Think it over carefully now.
I don't know only what she told me. She wanted me to go to this fellow and let him come in with me, because he wanted to do it. It was that young fellow that came here after her. I said I didn't want her to introduce him to me at all. She said he wanted to do it and she didn't want to let him do it, but if I wanted him to help me he would help me, and if I didn't do it she would get another party, because there was another party ready and willing to get the money, but she was standing him off to see what I would do.
Was there not some other man that lived here in town a good while that you know about as well as she did, that really joined in with her, that gave her encouragement and you.
He might have talked to her, but he did not say anything to me.
Didn't you meet him there.
No sir, I didn't.
Did any one talk to you away from the house.
No sir, if he did I didn't know it. She was the only person that ever persuaded me to do it in the world.
Mrs. Sheedy.
Yes sir, and I have told the truth about this.
You have never seen her since this happened.
Never to speak to her.
You have had no talk with her at all. No sir.
What was the arrangement and manner in which you were to receive the money.
She told me to come the next day.
Did you go around to get the money; didn't you make application for the $600 or $700, according to her agreement.
No sir, I went there to see Mrs. Sheedy, but didn't get to see her; Courtnay wouldn't let me in. That is what she told me to do--to come around and get it.
She must have had money ready to pay you then.
Maybe she had, but I didn't know nothing about it.
All the money you have received is about $7 out of the whole thing.
Yes, she pronounced that as the consideration for watching those two houses.
I want to ask you another question. You say this started about six weeks before Christmas that you had the first talk with her.
It was longer than that; I guess about the latter part of October, I couldn't tell you just what day or night.
Then it continued right along at intervals afterwards.
Yes sir.
And of course this was a mere excuse--this doctoring of the hair; there was nothing the matter with her hair, was there.
I guess there was, but I didn't doctor her hair every time I went there.
Are you a hair doctor.
That is part of my business.
Was there any dandruff in her hair, and did her hair want cleaning.
I cleaned her hair.
You didn't do it every time you went there.
No.
That was merely an excuse for going there.
That was her excuse for getting me there.
At any time after that time, during your acquaintance with Mr. Sheedy, did you ever find it necessary to doctor her hair.
No, sir.
Did you go down there frequently to do this.
Yes, sir, ever since I have been in town.
How long have you been in town.
For seven years I have been doing this work for him, but I have been in town for eleven years.
Didn't you commence your intimacy with her after you got acquainted there--after the first year or two.
.No, sir, I didn't
You're sure of that.
Yes, sir.
Now, that is true.
Yes, sire, I will tell you the honest truth.
It only happened then about the last of October.
That was the first time that there was anything to do with him and he was repulsive to her and she didn't like to have him touch her.
That is what she said--that she didn't let him touch her for over a year. I never would have done the deed in the world if she hadn't commenced the intimacy with me. All the men in Christ's world wouldn't have gotten me to do it.
Did she tell you she had any other lovers besides this young fellow.
I never asked her. She told me about having this young fellow but didn't tell me whether she was intimate with him or not, and I didn't ask her.
In all the times you went there to dress her hair how often did you go there. How often did you go there, once a week.
Oh, about every ten days.
That would be about three times a month or thirty six times a year that you would go there.
Sometimes that often and sometimes not; it would depend on the weather--it might be too warm or too cold, or she might be sick or something, but about every ten days I went there and took care of her hair.
And that continued for a period of about seven years.
Yes, sir.
Did she pay you liberally.
He always paid me, she never paid me.
He engaged you to go.
Yes, sir, and came after me the most of the tim.
During the whole time there was no improper intimacy at all, or nothing improper said until about the last of October.
No, sir; nothing.
What was she talking about the other times.
She was just as nice and respectable and decent as anyone.
Is this the only time she ever evinced any dislike for Sheedy.
Yes, sir, that is the first time I ever heard of it.
And the reason was that this fellow was coming after her and she wanted John out of the way so she could get his money.
Yes.
And the time she locked the door and invited you into the bedroom was she very affectionate, more than she ever had been.
Yes, sir, but she didn't make any preposal to me then.
About killing John.
No, sir, the second tim we were intimate she talked about it; didn't tell me what she wanted; and the third time she told me what she wanted.
That was the time she wanted you to hold up your hand and swear.
No, that was the first time.
And the time she asked you to do the task she didn't swear you that time.
No sir.
She asked you to keep it a secret.
Yes sir.
But she called your attention to the oath you had made.
Yes, sir.
What time was it she said she was going back on you and had a notion to shoot you. When was that, the fourth time.
That was the fourth time.
That was pretty near the time it was done.
That was pretty near Christmas, but we were never intimate again until last Saturday.
Where was that time, in the house.
Yes sir.
In the front room or middle room
In the middle room where the curtain is.
What time of day.
I went down there about 1:30 and stayed there until after 4.
Was the hired girl there. You saw her didn't you.
I have seen her.
Did you see her any of these times you mention.
She was there Saturday when I was there but she went away--she sent her away.
Did she usually send her hired girl away at those times that you were there.
That was the first time she ever sent her away.
There was no necessity for it was there. The girl was in the kitchen and you was in the bedroom.
Yes.
And they were all accustumed to your being there. Mr. Sheedy was.
Yes.
It would not have surprised him any if he had come in there and found you.
No he saw me Sunday when I was there when she called me in. He came out just as I went in.
Did she ever tell you who this other man was she would have to do it if you didn't.
She didn't tell me who the other fellow was, but she said this little fellow would if I didn't, and she had another party waiting to do it, and she was only waiting to give me time enough.
Do you think that the circumstances and conditions there and the light and all of that would have led you to believe beyond a question that John Sheedy knew who you were.
Yes sir, I think he did.
It was dark was it not.
It was not dark. There was an electric light there on the street, and the door was open and the light shining out.
Did he say a word.
I never heard him say anything.
He said nothing.
No, sir.
He didn't call you by name. Didn't he say something to you. Didn't he say "oh," or something.
I did not hear him say anything.
Did you look at your coat afterwards to see whether there was any holes in it.
No, sir.
Did you hear the bullets as they came by you. Did they come close to you.
I don't know; I was so scared I don't know.
Did you hear anything whistle by your ear.
Not that I know of.
You hit him before the door was shut.
Yes, sir.
And then she shut the door.
Yes, she just stepped out.
He was on the outside when she shut the door.
Yes, sir, he just stepped out and she shut the door.
That was before you struck.
Just at the time he was struck.
That is what she proposed to do.
Yes, she agreed to do that.
She shut the door as he stepped out.
Yes, sir, she agreed to, but I didn't notice whether she did it or not; I was so scared.
The young man from the east who is repeatedly referred to as Mrs. Sheedy's lover was young Walstrom, who was released on the preliminary examination. He was reputed to have wealthy relatives at Birmingham, Ala., whither he returned, and now it is said he is in Europe, to avoid being dragged into the case again.
It has been agreed to try the two prisoners together, and the case will be ably ontested on both sides. County Attorney Snell will be assisted in the prosecution by Non. G. M. Lambertson. He will devote his attention more particularly to the medical bearings of the case, and to that end has been studying medical works for the past month. F.M. Hall will represent the Sheedy estate, which is also ranged on the side of the prosecution. Mrs. Sheedy will be defended by Messrs. Strode & Sterns. McFarland's case is in the hands of Billingsley & Woodward and Col. Philpot.
VANITY FAIR will give a readable, connected story of the trial, with a mass of immaterial stuff left out; and it will be illustrated by excellent portraits of the prisoners, the murdered man, the lawyers, the detectives and some of the chief witnesses.
Old Man Barnes: "Why in h--l don't our boys learn to play ball? The wind will never n-e-v-e-r blow through my whiskers again until the club gets its good eye.
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THE BURLINGTON ROUTE
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The Outing Season is Drawing On.
People have already begun planning their summer trips, and we would suggest that you post yourselves regarding the wonderful trout fishing in Estes park, Col. the health giving baths and quiet rest of Dakota Hot Springs, the hunting and fishing of Wyoming or the fashionable delights of Maniton. The Burlington will take you to any of them speedily and without fatigue. There are many other delightful places in which you can spend the heated term, and the agent at the B & M depot or city office can tell you all about them. Call and get a book of summer tours and look it over. You will find it full of good things and valuable hints. A. C. ZIEMER, City Passenger Agent.
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Aristosypes and all the newest things in picture making at the Studio Le Grande, 124 South Twelfth street.
252
MONDAY'S YARN.
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Given to the Jury in the Sheedy Murder Case.
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WAS HE MOVED BY HOPE OR FEAR?
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McFarland's Confession Goes in as Evidence
---The Defense Hold It Was Obtained by Threats and Promises---The Jury Will Have to Decide that Point--The Story of the Murder as Unfolded in Court.
AFTER seven days of laborious work and the examination of 470 persons a jury of twelve men, good and true, was secured Monday afternoon to try the defendants Mrs. Mary Sheedy and Monday McFarland for the murder of John Sheedy on Sunday evening, January 11, last. Of the first special panel but three jurors were selected; one from the second and eight from the third. The following are the names of the jurors sworn to well and truly try the case and true verdict return: James VanCampin, Little Salt; Geo. Albrecht, Highland; J. C. Jansen, Lincoln; Jacob Corey, Seventh ward; Albert Ward, Waverly; Henry L. Willis, 926 K street; Ed Young, Panama; John Robertson, Panama; C. S. Cadwallader, Little Salt; Luther Batten, Oak; James Johnson, Grant; Thomas Riley, Buda.
From a casual glance one would not conclude that this jury was composed of the leading and most influential citizens of the county. But what can be expected from the present system of selecting a jury. Men must be found who have not read anything about the case and who have not formed or expressed any opinion as to the guilt or innocence of the accused. Such persons are not expected to be among the most intelligent, and considering everything, it is possible, therefore, that the jury in this case is about intelligent as could be secured.
A Juror Arrested.
Monday forenoon there was several hurried consultations among the attorneys on both sides, and the spectators generally wondered what was in the wind. At the noon adjournment twelve men went out, and when they came back there were but eleven. A. B. Norton, one of the twelve, a carpenter residing at Davy, was under arrest, charged with prejury. On his examination he had sworn that he had not formed or expressed any opinion concerning the case, and was therefore passed by both sides for cause. Affidavits were produced from his neighbors exactly to the contrary.
G. A. Sawyey testified that on May 1, Norton had a conversation with him when they were on their way to Lincoln; that at that time Norton had been drawn and subpoenaed as a juror in this case: that he said he was going to serve if possible; that a man in Lincoln had told him that there was $500 in it, and that he would hold the jury until he got his money; that the Sheedy's were rich and that if they could convict Mrs. Sheedy they would get the money sure, and he was going to have a part of it.
R. B. Crawford, a blacksmith, said that the very day Norton was summoned as a juror he came to his shop and said that if he could get to serve on the jury he would make some money out of it.
Affidavits to the same effect were read from W.H. Tarball, Patrick McGill, James O'Biden and Phillip Opp, all business men of Davy, one of whom had heard him say, "Oh hell, the woman will get clear and the nigger will hang. The damned nigger is guilty and ought to hang."
Some little parleying took place among the attorneys over the right of the defendants to another peremptory challenge, but was finally settled by giving them that right.
County Attorney Snell, under instructions from Judge Field, acted promptly, and filed an information in Justice Cochran's court, charging Norton with perjury. Norton was arrested and arraigned in court and pleaded not guilty. He is represented by R. J. Greene. A continuance was secured until May 25, his bail was fixed at $500 and his bond was signed by Messrs. J. H. McMurtry and J. R. Webster.
Norton indignantly denied the truth of the affidavits, and from outside parties it is learned that the neighborhood has not been on the most friendly terms for some time, and that these affidavits come from the anti-Norton faction.
The State's Case.
After the jury had been sworn to try the case, County Attorney Snell outlined the evidence which the state expect to introduce. He spoke substantially as follows:
"Gentlemen of the jury: We have been engaged now since last Monday morning in the selection of a jury to try this case and I presume that you are impressed with the importance of the case, sitting here as you have and seeing the number of men that have been examined and the challenges have been used on the part of the state and on the part of the defense, you men are selected to pass upon the issues that are involved in this trial. Possibly some of you knew John Sheedy personally. He came to this town in an early day and on the 11th day of January of this year at about half past seven o'clock, as he stepped out of his own door in this city, he was assaulted, struck over the left eye with some blunt instrument. The wound was dressed by two of our physicians, who at the time did not consider it serious. At 4 o'clock, however, Monday morning his symptoms were alarming and at ten o'clock that evening he died. Immediately after the wounds were dressed he went to bed, and the evidence will show you that he was given three doses of medicine known by the name of "sulfunal," to quiet his fever and allay his pain, that he might get some rest. The first dose was given him about eleven o'clock, and the second near twelve o'clock, and these were given him by his attending physician, Dr. Hart. At nearly one o'clock the third dose was given in some coffee, which was prepared by the defendant, Mary Sheedy, in this case. That he retained upon his stomach, and very shortly passed into what was at the time supposed to be natural sleep produced by sulfunal. At about four o'clock the next morning a nephew of the deceased, young Dennis Sheedy, called the attention of the attending physician to the fact that his uncle was breathing very heavily. It was then discovered that he was lying in a comatose condition, that he was breathing only about six times a minute, that his eyes were closed and his limbs were paralyzed. In other words he was suffering from all of the symptoms of morphine poisoning or compression of the brain caused by the blow, the two being very similar. I might add, however, that one symptom usually presented in morphine poisoning was absent, namely the contraction of the pupils of the eye. The expert testimony that will be introduced in this case will probably not be altogether harmonious as to the cause of Mr. Sheedy's death but it will all be within the variations, or counts rather, set up information. The information which is filed in this case charges the defendant, Monday McFarland and Mary Sheedy, who was the wife of the deceased, with murdering John Sheedy. Originally the information contained six counts, but the first two were withdrawn from the consideration of the jury and they have been so withdrawn by order of the court, but the third count charges of the defendant, Monday McFarland with striking John Sheedy over the head with a cane and killing him, and also charges the defendant, Mary Sheedy, with being an accessory to that murder. The fourth count charges Mary Sheedy with the killing of John Sheedy by administering to him morphine, and the defendant, Monday McFarland as an accessory to the murder. The fifth count charges Monday McFarland and Mary Sheedy both, jointly as principals, with the killing by the cane and by the administering of morphine, and the sixth and last count charges Monday McFarland and Mary Sheedy by striking him over the head with a cane. Perhaps it might be well for us to pause here for a short time and get definitely fixed in the mind what is meant by the principal and what by an accessory before the fact. You will observe that Mrs. Sheedy is charged once as a principal, once as an accessory before the fact and twice as a principal jointly with the defendant Monday McFarland; likewise Monday McFarland is charged once as an accessory before the fact, once as a principal and twice as a principal jointly with the defendant Mrs. Sheedy. By the laws of this state one is a principal who does the crime or commits the act himself. Now for illustration, if A goes into a man's store and steals money or anything that is in that store, he does the act himself, and under the definition he is the principal, and if B, on the other hand, stays on the outside and watches in order to give a signal to the other man who is in there, the two work together, he likewise is a principal, although he did not go into the store and take the money, and is a principal. Or to illustrate it by this case: If Monday McFarland hit John Sheedy over the head with a cane and killed him, Monday McFarland would be a principal. If the evidence would show also that Mary Sheedy at the time of the delivery of this blow by Monday was in the Sheedy house and was signaling or doing anything to aid Monday McFarland in the doing of what he was doing, as, for instance, the raising of the window curtain to let Monday know Sheedy was about to come out of the house, she would also be a principal, although she would not have anything to do with the giving directly of the blow. An accessory before the fact is one who is not present at the time the crime was committed, but prior to that time has advised or aided or encouraged the execution of the crime. To illustrate that by this case: If the evidence should disclose to you, as it will be brought out here by the witnesses, that Mrs. Sheedy gave poison to Mr. Sheedy, but that prior to that time Monday McFarland had struck Mr. Sheedy over the head and disabled him in order that Mrs. Sheedy might follow up what he had done by the administering of poison, then Monday McFarland would be an accessory before the fact and Mrs. Sheedy would be the principal; or again, if it is shown that Monday McFarland delivered the blow that killed Mr. Sheedy, but prior to that time Mrs. Sheedy had employed Monday McFarland to do it, or had advised him to do it, or had encouraged him to do it, she would be an accessory before the fact, although she did not know that Monday McFarland was going to do it, or might not have been in the house at all.
JOHN SHEEDY.
So much for all the information, or what might be called the law of the case. Now as to the evidence against the defendants--first as to the evidence against Monday McFarland: The evidence will show that Monday McFarland was a barber, and has lived in this city some eleven years, and that he was well known by Mr. Sheedy. It will also disclose the fact that for some time prior to this assault upon Mr. Sheedy, Monday McFarland was wearing different clothes, not his own. On one occasion he would have on one kind of a coat and on another occasion he would have on another. And his hat--it might be a hat or it might be a cap. It seemed that he was trying to disguise himself for some purpose. It will also show you that he was seen very often on the corner of Thirteenth and P streets or near, and bear in mind that the Sheedy residence is near the corner of Twelfth and P, just on the opposite side of the block; and when he would be seen there he would try to prevent others from recognizing him. When anyone would come along he would step behind a tree or telephone pole or something of that kind to prevent recognition. The evidence will show to you that immediately after the assault upon Mr. Sheedy, Monday McFarland changed his overcoat; that prior to that time he had gotten an overcoat of one P. J. Stepney, and immediately after the assault was made upon Mr. Sheedy he exchanged the overcoat and got his own. The evidence will show to you that this P. J. Stepney is a relative of Monday's. The evidence will also show to you that Tuesday prior to the assault upon Mr. Sheedy, which occurred on Sunday, Monday McFarland purchased of one Hyman Goldwater, who is a pawnbroker in this city, an iron cane, which was wound with leather, and that the cane had certain peculiar marks upon it by which it could afterwards be, and was afterwards identified. And this cane, which was purchased on Tuesday, was found upon the Sheedy steps by the officers of this city immediately after the assault was made upon Mr. Sheedy. The evidence will further show you that Monday McFarland told one of his friends on this Sunday night immediately after this assault, that he had lost his cane and that he was used up with rheumatism, and finally we have his full confession.
Col. Philpott interrupted and protested that while he conceded the right of the state to say that was a confession, not one word of what that confession contained was permissible until the court had ruled upon its competency. The court sustained the objection against the protests of Messrs. Snell and Lambertson.
Mr. Snell proceeded: "I believe that the evidence in this case will show you that some one was trying to take the life of John Sheedy. A short time before this assault was made upon him he was shot at by some one, and the testimony of the hired girl who was there at the house will be that some one was prowling around the house and she was afraid to go out after dark. There was a conspiracy, in other words, on foot to get rid of John Sheedy. Now what motive had the defendant, Monday McFarland, to strike John Sheedy over the head with this cane? His motive, as we look at it and as we think the evidence will show you, is what implicates the defendant in this case, Mary Sheedy. The evidence will show you that John Sheedy had always liberally rewarded him: and that Mr. Sheedy also had McFarland go down to his house to care for his wife's hair; and we believe that this, on the part of Mr. Sheedy the sending him there, is what finally ripened into the conspiracy that took the life of John Sheedy."
Colonel Philpott objected to any reference to a conspiracy, as the counts charging conspiracy had been stricken out, but the court said that he would not only not forbid reference to a conspiracy, but that in his final instructions he would probably rule directly the opposite to the line asked by defense.
Mr. Snell then concluded:
"The evidence in this case will show to you that John Sheedy was a man some fifty odd years of age; that his wife, the defendant, was much younger, some thirty-five or thereabouts; that she had been married twice before she met Mr. Sheedy, and that she had lived with him as his mistress for a year or more prior to their marriage. The evidence will further show to you that owing to the fact that Sheedy was a gambler, that their social friends were few. The evidence will also show to you that they had no children, and that there was nothing to unite the two together except their own compatibility. The state will not go into their domestic relations prior to July of last year, but sometime in July of that year Mrs. Sheedy went to Buffalo, N. Y., for medical treatment, and there she met a young man some twenty-eight years of age by the name of A. H. Walstrom, and when Mrs. Sheedy returned home she brought with her a photograph of this young man. The evidence will also show to you that when she returned to Lincoln Mr. Sheedy did not meet her at the train, and of this she complained very bitterly, and she said at the time, that is after her return from Buffalo, that Sheedy was mean to her, that he treated her badly that he was crazy and that he threatened her life; that he carried a revolver and she was afraid of him, and that she was afraid he was going to shoot her. The evidence will also show to you that at that time she said to one of her neighbors that she was going to leave John Sheedy, and one afternoon she did go to this neighboring house and say that she had left John Sheedy. Now bear in mind the evidence will show that this, her leaving John Sheedy and all of this, took place when Walstrom, this young man that she had met in Buffalo, was in the city. The evidence will show to you that Walstrom's coming to this state was not chance. She had told several different persons in this town that Walstrom would be here, the only conclusion being that she had made arrangements with him when they were in Buffalo that he would come here, or they had carried on a secret and surreptitious correspondence in this manner. She had spoken to a young man by the name of John Klausner, who will be a witness in this case, and told him that when Walstrom did come here that she wanted him, that is Klausner, to room with this young man Walstrom, and so when Walstrom did come to this city he went over to the Windsor hotel, where this young man Klausner was at work, sought him out and the two went together down here to a building known as the Heater block and there they picked out a room and roomed together. The evidence will show to you that this Mr. Walstrom paid all of the room rent except about $1. It will also show to you that this young man carried notes back and forth between Mrs. Sheedy and this young man Walstrom. The prosecution does not know the contents of these notes. It will also show to you that Mrs. Sheedy sent down there to that room little [?] for this young man Walstrom to eat, wines and cakes and kick knacks and the likes. And the evidence will show to you that while this young man was here Mrs. Sheedy gave him presents, she was also seen with him at different times, and when this young man would call over at a neighbors Mrs. Sheedy would come over there. The evidence will also show to you that after Mr. Sheedy was shot at, sometime prior to this assault, that Mrs. Sheedy and remarked that the people could not say Harry did it, because Harry was at work that night. The evidence will also show to you that the very night that John Sheedy was assaulted and lay there upon his bed of pain, that Mrs. Sheedy sent word by Charlie Carpenter to this young man Walstrom that John Sheedy had been struck over the head by some one. The evidence will also show to you that after John Sheedy was dead she sent another messenger to this young man Walstrom, and told him as he valued her friendship he must be present at John Sheedy's funeral. We believe on the part of the state that we can convince you and show to you that Mrs. Sheedy was tired of her husband; that she had become infatuated with this young man; that she had determined to get rid of John Sheedy, get his property and enjoy it with her new found lover. Monday McFarland was the agent she chose to employ to assassinate her husband. She gave him money and promised him more to incite his cupidity; allowed him the pleasures of her body in order to get his confidence and get him into her possession and to inflame his courage, and she with the nerve of Lady Macbeth would finish with the drug what had been begun with the club, if the blow that Monday gave him was not sufficient to cause his death. Now, if poison was administered to Mr. Sheedy, who administered it? The evidence will show you that no one, so far as the state is aware, gave Mr. Sheedy anything except the doctors and herself, and all the medicine that the doctor gave him was the sulfonal, ten grains at two doses, which I mentioned in the first part of my statement to you. The dose that she gave him in the coffee--bear in mind the evidence will show you that immediately after that he passed into a stupor, commamose condition, from which he never recovered-- and Mrs. Sheedy, while her husband was sinking, going to his long rest, remarked to different persons who were about the room that the doctors were giving him something; that the blow would not have caused his death. This is very brief as an outline of what we believe the evidence will show you. We believe that the evidence will show you that John Sheedy was murdered, and that the defendants in this case murdered him. And if we show this to you beyond a reasonable doubt, we believe that it will be your duty as conscientious men and as upright jurors to return a verdict in accordance with such convictions, be the consequences and the penalty what they may.
(Continued page 4th.)
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Knob Hill.
The electric line is to be built at once along Fourteenth street to the prison; cars propelled by electricity are to make fifteen minute trips from 6 a. m. until midnight; any part of the city for 5 cents. The most elevated and slightly lots about the city and at the same time the most reasonable. No railroad tracks to cross; no noise nor smoke; no objectionable features. Call at my office and talk with me. J. C. MCBRIDE, Room 8, City Block. 18tf
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For Rent.
One-half of a pleasantly located office in Burr block, ground floor, at able rate. Address 120 North Twelfth street.
253
THE SHEEDY TRIAL.
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The Defense.
The law mercifully presumes every person innocent until it is established beyond a reasonable doubt that he is guilty, and it guarantees to every accused a fair and impartial trial.
In opening his statement for Mrs. Sheedy Mr. Stearns said that he ventured the assertion that none in the court room ever heard the outline of as weak testimony claiming that a murder had been committed. For the defense he stated that they expected to prove that Sheedy was a common gambler, having followed the business all his life; that he was a strong and influential man and had [?] a monopoly of the [?] business, and that as such he had [?] many bitter enemies who sought his life; that for some months prior to his death he, realizing this fact, had engaged the services of a private detective to watch his enemies and protect him from their efforts; that some weeks prior to his death he had been waylayed and shot at and that they would be able to prove that this shot was fired by a white man.
No crime was over committed without a motive. And what was the motive that they had assigned to Mrs. Sheedy in this case? They tell you that last summer she went to Buffalo. Yes, she went there for medical treatment, and while there she made a chance acquaintance, a young man by the name of Walstrom, who afterwards came to Lincoln. They were acquaintances but the state will come far short of showing that they were anything more or that there was ever anything criminal in their relations. This man Walstrom was arrested at the same time these defendants were arrested, and charged with the same crime, but the examining magistrate discharged him, having failed to find him implicated in the matter in the slightest degree. Now gentlemen of the jury, there is another feature in this case which I thik will fully appear in testimony before you that will convince you that this is not a prosecution in any fair sense introduced here and managed by the state. You have but to look to the east and you see two very able counsel who has been retained as private counsel to assist the state in this case. It will occur to you, gentlemen of the jury, and your complete and perfect satisfaction, that this is persecution; that is the cupidity of John Sheedy's brothers and sisters; that it is their cupidity and desires that influence them; that it is these impulses that have been working and have brought to bear in the case to encompass a conviction of this sorrow stricken, sad faced woman that appears here before you today, in order that they may get the whole of John Sheedy's estate instead of the half of it. It is blood money; it is a conspiracy to convict for the love of money, illustrating the old adage that "the love of money is the root of all evil" more pertinently than the presentation of it has ever come to your observation before. They have not allowed her one cent to maintain her. When the probate court has made her an allowance, a reasonable allowance for her maintenance and support, out of the estate of John Sceedy, the administrator representing the heirs has appealed from it, represented by one of the learned counsel who appears to prosecute this case. They refused to let her have any support; they refused to let her have any say about the management of this estate or control of it, or have any voice in the management of it whatever, and this it will appear to you by satisfactory and convincing proof. Now then, gentlemen of the jury, you must remember, in analyzing and sifting this testimony, that you must be convinced of the truth of every material allegation in every one of the counts in this information before you can convict. You must remember that the state is large and powerful, and while it is the duty of the state to prevent crime and to punish its commission, no great harm will come to the state if an occasional criminal escapes. How is it on the other hand? How is it when an innocent person is convicted of death and is sentenced to be hung or imprisoned when they are innocent? Why it shocks the sensibilities unspeakably. You remember what has been said, often and often, that "it is better to let ninety-nine guilty ones escape rather than have one innocent suffer."
As one of counsel for Monday McFarland, Col. J. E. Philpot addressed the jury in a vigorous and vehement speech. Mr. Philpot dwelt upon the treatment that his client had received at the hands of officers and detectives who he declared had by the most censurable methods threatened the life of his client with a mob and the hangman's noose to extort from him through fear a most unreasonable and wholly untrue statement. He showed as he declared the inquisition methods resorted to and denounced in unmeasured terms the action of Malone and Melick, letting ex-Mayor Graham come in for a share in the roasting.
He spoke of the reward in sight and the incentive that it was for conspiracy against his client. He reviewed the plea for protection and enlivened the audience with hits at the prosecuting attorney that made the spectators alert and interested in the cross firing that occurred.
Dr. C. S. Hart's Evidence.
The hearing of evidence in the Sheedy murder case began Tuesday morning. The court room was but comfortably filled and during the forenoon there were but few ladies present. The fair prisoner came in supported by her three sisters and her uncle, Colonel Biggerstaff of Boise City, Idaho, and took the seats that have been reserved for them. McFarland sat at the end of the counsel's table and watched the proceedings with intense interest.
Dr. C. S. Hart was the first witness called for the state and [?] the witness stand for over three hours. He was cool, calm, collected and passed through the trying ordeal with much credit to himself, and on retiring received many congratulations on the able manner he had maintained his theory. About 7:30 on the evening of the assault of John Sheedy he was in his buggy at Eleventh and P streets. He heard two shots in rapid succession and drove hastily east to the Sheedy residence. Before his arrival three more shots were fired. On arriving he was met by Charlie Carpenter who told him to hurry into the house, as John Sheedy had been assaulted. He found Dr. Everett already at the bedside and the two dressed the wounds. Sheedy was sitting up and covered with blood when he got there and said: "I don't know what I have done to merit much treatment." Sheedy sat up in the chair while the wounds were dressed, some fifteen or twenty minutes. Found no fracture of the skull, but the cheek bone was subsequently found to be broken loose. Sheedy went to be after his wounds were dressed, [?] witness and Dr. Everett. Dr. Everett suggested giving him morphine to quiet him, but witness objected, as he had found once before that morphine acted unpleasantly upon him. He remained some minutes and left, promising to return shortly. When he came back Sheedy was complaining of pain in the head. He went out and procured three powders of sulfunal, of ten grains each, one of which he gave to him but was soon vomited up. An hour later another power was given him, which was also vomited up. About one o'clock at his request Mrs. Sheedy prepared some hot coffee, he took the powder of sulfunal opened it, handed it to her and she put it in the coffee and gave to him to drink. This remained on his stomach and he grew quieter. Sulfonal is a sleep producing remedy but has no unpleasant effects like morphine. Sixty grains is the maximum dose. About four o'clock young Dennis Sheedy called his attention to the unnatural breathing of the patient. He went into the ben room followed by the young man and Mrs. Sheedy and found him suffering from complete paralysis, and breathing only about six times a minute. Tried to administer a stimulant but he could not swallow, Dr. Everett was called and during the day a consultation of physicians was held, but nothing could be done. Witness said that his impression at the time was that Sheedy's death was due to compression at the base of the brain, caused by the shock from the blow, paralyzing the nerves of respiration and circulation. The symptoms of compression are almost identical to those of morphine poisoning except as to the contraction of the pupils of the eye. Explained that by compression he meant that there was a rush of blood to the brain and that it would be met by an unusual quantity of serum, more than would be absorbed readily in the ordinary course of nature, and that the combined influence of the two would be the compression of the nerves at the base of the brain and the upper portion of the spinal cord, producing paralysis of the parts affected by those nerves. Thought that there was bleeding at the base of the brain. The symptoms indicated it.
The witness further testified that at the consultation of physicians subsequently held this theory was generally adopted. Dr. Woodward suggested trephining at the point where the wound was inflicted, but the other five physicians opposed this course as that was evidently not the point where the compression existed. Mrs. Sheedy was consulted and said she wished to abide but the decision of the majority. The witness spoke of Mrs. Sheedy's manifest concern for the recovery of her husband.
He testified that he was present at the autopay and that some fatty degeneration of the heart was found, which would lessen Sheedy's chances of life in case of a shock that the liver and kidneys were enlarged; that an unusually large gall stone found in the gall bladder. The doctor gave it as his opinion that Sheedy's death resulted from the effects of the blow received. No magnifying instrument was used in the examination, and the effects of compression might or might not be discovered, owing to circumstances. He found an unusual quantity of moisture about the brain.
On cross examination the witness said that he had administered no hypodermic injection of morphine, as he did not discover any necessity therefor, the third dose of sulfonal having apparently produced the desired quieting effect.
The witness further testified that in his opinion if there was any morphine in his stomach at the time of his death it ought to have shown at the analysis. Further, sulfonal is tasteless; morphine is extremely bitter. When the last dose of sulfonal was given him in coffee he did not complain of bitterness nor make any wry face. If morphine had been given him at that time, one o'clock, it would have been manifest by two. The fatal symptoms were not noticed until four.
As to McFarland's Confession.
The reader is doubtless familiar with the disgusting and improbable story known as "McFarland's Confession." Tuesday afternoon the state put ex-Mayor Graham on the stand and sought through him to introduce this confession in evidence. The defense objected and the court held that before the alleged confession could be introduced the state must show that it was entirely voluntary and made without duress or undue influences, either promises or threats. The examination was then directed to that question. Ex-Mayor Graham felt sure that no undue influences were used in extorting the confession, but admitted that the following language had been used to the prisoner:
"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 all 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."
He added, however, that this was withdrawn.
Myron E. Wheeler was sworn and testified that he had been retained by the coroner to report Monday's confession; he had been behind a curtain in a corner of the marshal's office, where he could have touched him with his hand at any time. He had not heard Mayor Graham advise the withdrawal of the question or declaration heretofore mentioned, but couldn't say that he didn't do so. The witness then identified each of the questions complained of as ones that had been asked.
One of the objectionable features identified by the witness were the following two questions propounded at the very beginning of Monday's confession:
"You understand that if you have to stand this thing alone it will likely go hard with you?" "Well, it will lessen the severity of the consequences."
About fifteen minutes later still one of those present said:
"Every word you have said leads us to that conclusion, so you might as well make a clean breast of it. If you consider your own interests you must tell us what is reasonable. There is nothing that will save you except telling the truth. That whiskey made you feel a little full, didn't it? Made you feel kind of good, didn't it?
Immediately following the above was another statement to which the defense points as a threat or an offer of immunity as follows:
"Just be fair and square with us; that is what we want. There is no danger to you, not one bit more. The greater guilt in a case of this kind attaches to the party who is the first cause of it, the one who impels the party to do it who is the most guilty in the eyes of the law. If you want to stand the whole brunt of this thing yourself, just stop where you are. Didn't you just go down and do that? You got that whisky and felt pretty good and came down and smashed Sheeny and run. There is no more harm in telling us than what you have already told. You have told us practically. Now we want you to make a clean breast of it."
W. W. Carder testified that at the time the confession was made he was night captain of the police force. He heard Malone tell McFarland frequently, they'll get you before morning." He also told him, "They are coming now and there are about fifty of them, but they are waiting until they get a hundred." The negro then appealed to Carder for protection, which was promised, but he doubted not only the good faith of the police, but their ability as well. The negro was badly scared, was satisfied that they had him so badly scared that he would say anything.
"What did he say," asked Mr. Weir, "of their 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."
Dennis Sheedy, a brother of the deceased, admitted that the following question was put to the negro, but stated that it was withdrawn:
"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 all in 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."
He further stated that the negro had said to him: "I killed your brother." This raised a storm and was ruled out.
James Malone who was the principal detective in working up the case was put on the stand. The defense objected as he had violated the order of the court and had been found in an adjoining room on a lounge, with the door ajar, listening to Mayor Graham's testimony. The objection was over ruled, however, and his evidence was taken. He denied that threats of violence or promises were used to extort the confession. Did not tell Frank R. Waters, during the inquest, that at first the darky 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. Did not say to Pinneo when asked as to how I had got the story out of Monday, that I had him put in the sweat box, and after I 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 not say that, or words to that effect. Knew that Pinneo was sent to pump me and was careful not to say anything to him. I never told any one how I got the confession.
Frank R. Waters contradicted Malone and said that he had made such statements to him, as also did Detective Pinneo.
Myron Wheeler, the stenographer who took the confession, was again placed on the stand and asked to read the confession from the original notes.
The defense objected and Col. Stearns and Judge Weir of Boise City, Idaho, argued the question at length for Mrs. Sheedy and Captain Woodward for the negro. Mr. Hall spoke for the state.
At the conclusion of the argument Judge Field said:
"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 up 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 Weir. 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 admirable 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."
Reading the Confession.
Myron E. Wheeler, the stenographer who took down McFarland's confession while concealed behind a curtain, did not relish the job of reading the confession. It was even reported that he contemplated leaving the city or feigning sickness in order to escape the disagreeable duty. Attorney Hall called the court's attention to the rumor, and Judge Field warned Mr. Wheeler not to attempt to evade his plain duty.
Most of the confession was published in VANITY FAIR two weeks ago. Those parts which related to the criminal intimacy between the two defendants were too indecent to publish. The witness read the confession so low that it could not be heard by the crowd outside the railing, and their [salacious?] curiosity was not ratified. During the reading Mrs. Sheedy sat with head up and face unmovable. Her sisters hid their faces in their hands, and as the fearful story was read shed tears.
Officer William Splain testified that while guarding the negro after his arrest he several times said he wanted to tell something.
Ex-Marshal Melick testified that the darky, when shown the cane on Sunday after his arrest, admitted it was his and said he got it of an unknown man from the Black Hills.
Witness told the prisoner this was a mistake and suggested that he make a clean breast of it as the officers had evidence enough to convict. Prisoner then protested innocence and claimed no knowledge of the crime.
Officer Kinney testified to finding the cane on the porch of the Sheedy house, and gave it to Officer Otto. He got a lantern to search for traces of blood. Though there was light enough from the window for one man to see another. Officer Kinney told the following story:
"I went on guard following McFarland's arrest. I relieved Officer Splain. McFarland said to me. 'Come in here, I want to tell you something.' I went into the office and found Carder and Malone there. Carder refused to let me have the keys. He said that there was an emphatic order that no one should go into see the prisoner. Later, Malone and I took the key and I went in. McFarland said that he had been offered some money by Mrs. Sheedy. He said: 'The end is with me either way. I believe I will tell it all." He then said that he had been induced to commit the crime by Mrs. Sheedy. She asked him what he would do for $5,000. He said that was a large amount for a poor man and would do almost anything, Mrs. Sheedy said that she wanted him to help her get her freedom. He said that Mrs. Sheedy made a proposal to him to kill her husband. She wanted him to commit the murder about Christmas. He promised to do so. At that time his courage failed and she got angry, said he was getting her money for nothing, and threatened to shoot him. She then made him hold up his hands and swear that he would not reveal anything. He then told how he had criminal relations with Mrs. Sheedy, I think I disputed his word. He then told me to get the key to his barber shop and in a certain drawer I would find certain evidence of his intimacy with her. I went to the shop and there found the evidence he mentioned. While Monday was making his confession that morning I was interrupted a number of times by Captain Carder. The captain said to the negro; 'Why don't you keep your mouth shut. You've said enough already to hang you. You're a fool.' After the confession, it was about 8 o'clock, I believe, Monday said something about not wishing to be hung by a mob."
Detective and Pawnbroker.
Hyman Goldwater, pawnbroker, identified the case and said he sold it to the negro a few days before the Sheedy murder. He admitted telling L. C. Burr that Detective Malone had promised his son $200 if he would identify the cane, and he asked Burr if he could collect the money. Burr said now.
Mendel Goldwater, a fourteen-year-old son of the pawnbroker, testified that on the day after the murder he had read that it was done with a heavy leather cane; thought it might be the same he ahd 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 it. Witness showed him the man; didn't know his name until he read it the next morning. Had asked Malone for the money, but didn't get it; could have used it if he had got it.
After the Assault.
William Chinn, a colored porter in Neville's barber shop, saw McFarland between 11 and 12 o'clock on the day Sheedy was assaulted, in a room witness rented over Turner's drug store; he stayed until 5 or 6 o'clock, when he went out; came back early in the evening; probability between 7 and 8 o'clock; stayed until witness got ready to go home at 2 or 3 a. m.; they went to Bud Lindsey's to get lunch; Monday said he wasn't feeling well and didn't eat anything; as they were crossing Eleventh and O streets Monday was limping and said he had loaned his cane to someone.
P. J. Stephney, a colored barber, a relative of Monday, was at George Botts' on the night of the murder; saw Monday there, but couldn't tell what time, had only a word or two conversations; changed coats with him; changed just outside th edoor; Monday didn't come in; Monday had his coat and he had a coat belonging to Monday's father-sn-law; just happened to open the door to let a little boy out when he saw Monday out there; Monday asked if wanted his overcoat and they exchanged; told Mrs. McFarland that Mondy was outside and wanted her.
Marshal Melick and J. Waldeman, pawnbroker, identified a gold ring which Monday said Mrs. Sheedy had presented to him. He pawned it for $4.
Fred Krouse, who was near by when Sheedy fired at his assailant, was called into the yard by Mrs. Sheedy. The wounded man told him to search the alley. Mrs. Sheedy asked him to go for a priest. He told Officers Kinney and Otto of the assault.
Mrs. James B. Wood met Harry Walstrom at the Sheedy house. Mrs. Sheedy said she had met him at Buffalo, and always spoke nicely of him. She told me once that Sheedy got mad because she went with Walstrom, but said her husband changed his mind after having been introduced. Mrs. Sheedy afterward came to my house and asked to be allowed to remain several days, stating that Sheedy had abused her and that she had left him; told me she had her trunk all packed and was ready to take the train and leave, and I told her I was her friend, but did like to have her remain at the house because I feared it would cause trouble with Sheedy. She then took her departure and went, as she claimed, to her sister's, Mrs. Dean. I told her I did not fancy Walstrom; that I thought he talked too much. Mrs. Sheedy said that was his way; that he appeared to become easily acquainted with every one he met. On the evening prior to the shooting, I had attended the Musee in company with Mrs. Sheedy. Before arriving at the gate Mrs. Sheedy said to me that she felt oppressed, saying she feared something was going to happen. When near the gate and about to enter, I saw Mr. Sheedy across the street; she insisted upon calling him over; they entered the gate; I saw the man who assaulted Sheedy rise on the porch and heard the blow struck; could not tell whether he was white or black; when she returned from Buffalo, N. Y. Mrs. Sheedy told me about having met Walstrom, and said he was going to travel for his father, and would probably make Lincoln his headquarters; afterwards told me that Sheedy was very angry and abused her on account of Walstrom; Sheedy seemed to suspect the assault upon him was for the purpose of robbery and told his wife to look for her jewels; he hurried back to his room and got a revolver; hurrying to the porch he commenced shooting; in running away the assailant stumbled and almost fell; I was so frightened I scarcely know what did transpire; I had several conversations with Mrs. Sheedy about the shooting; on one occasion she said no one could accuse Henry Walstrom of the assault upon Sheedy, because she said Walstrom had been at work that night; Mrs. Sheedy did not shed a tear so far as I observed, over the assault upon her husband, but she seemed to feel very bad.
Dr. Ruth Wood was at the house after the assault and thought from his breathing that Sheedy had been given an overdose of morphine because she did not think, at that time, that the blow was sufficient to cause death. The same symptoms would be produced by pressure on the brain.
At this point Mrs. Sheedy gave vent to pent up emotions by a violent burst of tears, in which she was joined by her sisters, Mrs. Morgan and Mrs. Baker, who buried their grief-stricken faces in their handkerchiefs and audibly wept.
Anna Bodenstein, the hired girl at Sheedy's, saw a man at the back path several nights before the assault. Thought he was black, but it was too dark to be sure. On Monday after the assault McFarland came to the kitchen door and asked for Mrs. Sheedy. Saw Walstrom at the house five or six times, but did not remember seeing a boy bring or receive notes. Mrs. Sheedy told her to tell the truth before the coroner's jury; she used to pass from the kitchen through the dining room, where McFarland usually dressed Mrs. Sheedy's hair, but never found any doors locked inside the house.
Mrs. Charles Carpenter met Walstrom in Mrs. Sheedy's company several times.
Officer Lewis Otto told about finding the cane. Mrs. Sheedy said it did not belong to her husband.
Jacob Oppenheimer called at the house a day or two after the funeral to get a power of attorney signed. Mrs. Sheedy handed it to Walstrom, asking, "Is it all right, Harry?" Dennis Sheedy jr. was present.
Charles Carpenter was the second person at the house after the assault. Went for Dr. Hart, also for Walstrom: heard Sheedy remark that he did not know what he had done that he should be assaulted that way.
The prosecution undertook by Gus Sanders to show that the Sheedys were living together before they were married, but the court would not permit.
Johnny Klausner, who roomed with Walstrom at Mrs. Sheedy's request, told about carrying notes between the two; sometimes they would be two days apart and sometimes a week; the notes were always sealed, but never addressed; had also carried 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. Also carried a long package from Walstrom to Mrs. Sheedy the Friday after the funeral; didn't know what was in it; neither Mr. Strode, Mrs. Sheedy nor anyone in their behalf had ever asked him to say a word in favor of Mrs. Sheedy that was not true, but that Mr. Malone and a Pinkerton man, while he was imprisoned, had tried to make him admit things that were not true.
The negro's damning confession has been given as evidence, but Judge Field has indicated that he would follow a supreme court decision, and in his instructions, to jury he will probably say something like this:
"You have heard the confession. You must determine for yourselves from the evidence whether it was voluntary or not. If you decide that it was not voluntary you must put it aside, remove from your mind any impression it may have made and found your verdict from the balance of the evidence."
In the closing argument the defense will try to convince the jury that the confession was not voluntary, and will probably raise a doubt in the minds of some of the jury men. With that doubt getting in its work, the jury are liable to do any one of a number of things. The trial is likely to last most of next week.
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A Model Barber Shop.
The Capital hotel is a popular resort and meeting place for gentlemen, and there is every reason to believe that a first-class barber shop under the management of a competent man should take a leading place among institutions of that kind. Mr. C. M. Hurd has taken possession of the corner room, and has fitted up one of the neatest barber shops in the state. His mirrors are a combination front with bevel edged glass and marble topped shelf. The wood is of black walnut, as are also the chairs, which are of the latest design and were ordered specially for this outfit. The other furniture is correspondingly handsome, and all the appointments are in keeping. Mr. Hurd was in the Commercial barber shop for two years, where he made many friends and he is recognized as one of the best workmen in his craft in Lincoln. The shop is on the ground floor and centrally located and with inviting interior and superior workmen it is bound to be a popular place. McAllister & Donnan have the blacking stand privilege, and have the secret of giving a patent leather shine.
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Notices
To Wilby D. Cox, non-resident defendant: You are hereby notified that on the 16th day of Feb., 1891, Anna Cox filed a petition against you in the District Court of Lancaster county, Nebraska, the object of prayer of which are to obtain a divorce from you on the grounds that you have been guilty of extreme cruelty towards the plaintiff without any cause or provocation on her part. You are required to answer said petition on or before Monday, the 15th day of June, 1891. ANNA COX, Plaintiff, by A. E. HOWARD, her att'y.
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Cushman Park
Saturday, Sunday. May 16-17
PROF.
WELLINGTON
Will jump from the clouds at 5 p. m. with his mammoth parachute
He will ascend on a piece of webbing 36 feet from the traps and perform wonderful feats. Wellington will be assisted both days by Texas Bill, the Cowboy Pianist, the wonder of the age, Equal to Blind Tom.
Trains Saturday at 2:30 and 4:30 p. m.. Return at 8 p. m. Trains Sunday at 10:30 a. m. 2:30 3:30 and 5:30 p. m. Return at 11 a. m. 3 p. m., 5 p. m. and 8:30 p. m.
ADMISSION TO ALL.
Saturday 10 cents. Sunday 25 cents Full Orchestra for dancing Saturday, Free.
Exposition Stores Outing.
The annual Grand Outing takes place Wednesday May 30 and will be a great event Philharmonic orchestra will furnish music and other amusement will be afforded the big gathering that will certainly attend. Join the crowd and attend. Trains leave depot 2:30, 4:30 and 7:30 p. m., returning at 3, 8 and 11 p. m. Admission free.
254
NEARING THE END
The Long Drawn Sheedy Case Will Soon go to the Jury.
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WHAT WILL THE VERDICT BE?
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Medical Experts Differ, But the Chemists Who Made the Analysis of the Organs Report No Poison Found--Attorney Hall Visits Chicago--The Interest Keeps Up.
HARDLY any case in the history of the state, and surely none in the history of Lancaster county, has attracted the interest that has attached to the Sheedy murder case. John Sheedy was a gambler. Late in life he married a young and handsome woman. They lived together for nine years. One Sunday evening last January he started to go down town and as he stepped on the porch was struck over the head with a cane. He pulled his revolver and fired a number of shots and went back into the house where his injuries were dressed. The blow was not considered fatal, but at four o'clock next morning he was found to be completely paralyzed and he gradually sunk until evening when he died. Next day he was buried. Later in the week a negro barber named Monday McFarland, who had been employed more or less about the house, was run through the "sweat box" and confessed that he struck the blow, and stated that he had been hired by Mrs. Sheedy to kill him. He also told disgusting stories of his alleged intimacy with her, and exhibited a number of bunches of hair as mementos of his conquest. Mrs. Sheedy and the negro were arrested and she was charged with having instigated the negro to strike the blow and with having administered poison to hasten Sheedy's demise. John Sheedy left a large property and there were no children. Under the law if she had assisted in the bloody work, she could take none of this property. It was a large stake, but many believe that it is being played for. Mrs. Sheedy must be convicted so that this money could pass to his heirs. She was appointed administratrix of the estate along with John Fitzgerald, but she has had nothing to do with the management of the affairs, and not a cent of money from the estate. John Fitzgerald hired Attorney F. M. Hall, ostensibly to represent the estate, and the Sheedy heirs hired G. M. Lambertson to assist in the prosecution. But Hall has been as zealous and as prominent in the prosecution as either County Attorney Snell or Mr. Lambertson. In fact most of the time he has been more prominent. John Sheedy's body was dug up the Sunday following his death and a post mortem examination held. The stomach was sent to Ann Arbor, Michigan for analysis, and it is said that the heirs paid for the work. No poison was found. Later, the prosecution serreptitiousaly exhumed what little of the body was left and the liver, kidneys and bladder were given to Prof. Haines of Chicago, for analysis. It is said that Mr. Hall paid for this work. It is certainly true that he was in Chicago Saturday, Sunday and Monday last, consulting with the leading chemists of that city to ascertain if it were possible to prove that Sheedy had been poisoned, even if no poison was found in the body. Prof. Haines found no poison. The state has rested its case, and the general verdict is that it has but little foundation to stand upon. The people are watching the outcome with interest; some arrayed on one side, some on the other, but all are asking themselves, "Will they win?"
The prosecution undertook to show by the doctors who made the autopay on John Sheedy that death resulted from morphine poisoning. Dr. Hart gave it as his opinion that death resulted from the blow of the cane. Dr. Beachly testified that Sheedy exhibited the symptoms of poisoning. Dr. Casbeeer ventured the same opinion. The defense brought out the testimony that with the stomach in normal condition the effects of morphine poisoning whould be perceptible in a few minutes. With the stomach full of food or beer or whisky the symptoms might be delayed two hours or more. It had been shown that Sheedy vomited twice bfore the giving of the coffee which was supposed to contain morphine, and that four hours passed before he exhibited the symptoms which the prosecution is trying to prove were those of morphine poisoning. Dr. Winnett testified in a similar strain, but the following question was put to him.
"State from the examination you have made of the skull of John Sheedy, whether or not in your opinion the blow that was administered at that time was sufficient to produce death."
"I think so."
All these physicians testified that quite a number of the symptoms of morphine poison would be the same as the symptoms of compression of the brain resulting from a blow on the head.
During Dr. Winnett's testimony a dramatic scene occurred. Attorney Lambertson handed him a skull with which to make his explanations. The top of it had been cut off and there were fractures about the left eye. During the examination the lawyer asked:
"Doctor, whose skull are you holding in your hand?"
"It is the skull of John Sheedy."
Mrs. Sheedy's eyes filled with tears and she hid her face in her handkerchief, but she soon recovered her composure and bravely followed the ghastly evidence offered by the state.
Albert Katzenstein and James Gatchell, clerks at Herpolsheimer & James Gatchell, clerks at Herpolsheimer & Co.'s, identified some night shirts and socks as some that Mrs. Sheedy had bought at their store. They were found in Walstrom's room. J. Smith, a clerk at Schwab's, in like manner identified a necktie.
Harry Shafer, grand keeper of the records and seal of the Knights of [Pythian?] in Nebraska, testified that on the day following the assault he called to see the wounded man, who was a brother knight. While there Mrs. Sheedy remaked:
"I believe that Mr. Sheedy is dying, not from the effects of the blow, but I think they have given him something to kill him."
Dr. Casebeer explained that the symptoms of compression of the brain are nearly the same as those in morphine poisoning except in the breathing, it is not so slow; where you find one breathing heavily and only 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 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 upson the [?].
Was Detective Malone Forgetful?
On Monday Detective Malone testified that he went to Walstrom's room after the arrest of that fellow and found there some socks, neckties and night shirts which he showed to certain clerks at Herpolsheimer's and Schwab's, and they identified them as the ones sold to Mrs. Sheedy. On the day of the arrest the witness was with Marshal Melick when that officer whowed McFarland his own cane and asked him whether he had bought such a cane as that at Goldwater's. McFarland said he had bought a cane like that from a man from the Black Hills. When the witness started to take McFarland to the police station a person near by remarked, "Ah, there, I thought that they'd get you." It was one of the barbers in the shop who said this. The witness continued:
"I showed McFarland the cane found on the porch after the assault on John Sheedy January 11. Monday identified the case. I asked him where he was the evening of the assault and his answers were such that I charged him with being at John Sheedy's between eight minutes after 7 and 7:30 the evening that John Sheedy was struck. We then locked him up."
The witness then testified that he was present at the time the first confession was made. This was on the Sunday morning following the arrest. The witness then detailed the confession.
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. Malone said he didn't say it.
"Didn't you tell me that Sunday night," said Colonel Philpott, the darkey's attorney, "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. Malone," said Mr. Strode, "that you did not tell me that night in the office of the police station, leaning over the railing and talking in low tones, that you scared the 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."
Malone said he did not know of his own 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 up 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."
"Wasn't Mr. Strode down there to see the prisoner?"
"Not that I know of, sir."
A Bit of Revolting Evidence.
Marshal Melick testified that the socks, neckties and night shirts presented at the coroner's jury were the same that were found in Walstrom's trunk.
"Mr. Melick, have you the box of hair heretofore referred to in this case?" asked Mr. Lambertson, of the prosecution.
Mr. Melick took from his pocket a silver match box which he handed to Mr. Lambertson.
"Where did you get this?"
"In a drawer in Monday McFarland's shop."
The box was opened and two white paper packages not much larger than a physician's powder were taken out. They each contained a ringlet of hair.
Mrs. Sheedy sat with eyes cast down and lips compressed during this discussion; as might have been expected during a trying ordeal.
John Sheedy's Enemies.
D. G. Gourtnay, 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 inside 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 would 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 thickest person and had on a short coat; before Sheedy went to bed he was shown the cane and asked if he could identify it; he said there were many canes like that. Sheedy asked if any of the shots he had fired had taken effect; witness remarked that the policeman had said that they had found blood on the sidewalk; at that Sheedy had said, "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 poison. He had seen two cases of death from that cause.
The witness saw McFarland when he came to the house on Monday. He then 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 wish to testify to what was said, but didn't leave the impression that there was anything damaging to her.
He had advised Mrs. Sheedy to have herself appointed administratrix of a part of the estate to preserve her interest, as his impression was at that time that Dennis 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 be 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 her 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 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.
Ghoulish Work on Sheedy's Body.
On cross examination Dr. Winnet said the opinion of the doctors at the Sheedy house on Monday after the assault, possibly with the exceptions of Dr. Woodward, was that death was due to pressure of 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; saw Mr. Strode there and remember that an effort was made to exclude him or any one representing Mrs. Sheedy.
Witness 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, owing, he thought, to the removal of the brain from the skull; also described an old and slight depression in the forehead.
Questions brought out the fact that Sheedy's body had been taken up about four weeks ago under orders of County Attorney Snell and parts removed to Robert's undertaking shop. It was at that time that the head was cut off, and subsequently the flesh was removed to show the grinning skull.
"Who were present?" asked Mr. Strode.
"Prof. 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?"
"Prof. 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."
Confusing a Doctor.
Dr. Winnett gave at his opinion that morphine poison would not show its symptoms until thirty to fifty minutes had passed. Mr. Strode quoted from a book saying the symptoms should be manifest in from five to twenty minutes. He continued:
"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; he had noticed no symptoms in Sheedy's case 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 produced death in this instance.
Witness said he knew of no post-mortem 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 evidence of morphine poisoning in the examination of the brain, as I was merely an observer.
The witness concluded in reply to Mr. Strode's question that he was impressed with the idea that Sheedy died of morphine poisoning.
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. He had assisted at the request of Dr. Everett and expected pay, but did not know from whom.
The Blow Sufficient to Cause Death.
Dr. M. H. Everett was quite positive that Sheedy was not suffering from concussion of the brain when he saw him. He was at the autopsy; assisted Dr Casebeer some. 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."
255
BOTH GO FREE!
Mary Sheedy and Monday McFarland Acquitted.
CROWDS DRINK IN THE ELOQUENCE.
Attorney Lambertson Closed the Arguments Thursday Afternoon and the Case Was Given to the Jury at Six O'clock--A Remarkable Trial--Synopsis of the Arguments.
The evidence in the Sheedy murder case closed Saturday with some unimportant rebuttal testimony offered by the state. In the main, however, it was simply a denial of certain points brought out by the defense. However, the state dug u Mrs. Margaret Skinner who roomed in one of the O street blocks just back of the Sheedy residence, and sought to prove by her that on the night of the assault she saw a negro run from the Sheedy house to the alley and out on the street immediately following the shooting. But this could not go in as it was no rebuttal, and if good for anything at all, should have been brought out before the state rested. The fact that it was not so brought out gives it a fishy appearance. In the argument over the question of its admissibility, the attorneys for the state managed to tell the court and in the presence of the jury, what they expected to prove by her. This nestled the attorney for the defense, and Judge Field ruled it all out and struck the objectionable language of the states' attorneys from the record.
County Attorney Snell's Talk.
The people always flock to "the pleadings" as they term the argument of counsel in such cases, and last Monday morning proved no exception to the rule, and soon after court opened on that day standing room was above par, and among the interested spectators were a number of prominent Lincoln ladies. Mrs. Sheedy and her sisters, with Uncle Biggerstaff of Boise City, Idaho, occupied their usual places and Monday McFarland, with a number of his friends, sat just back to the long table assigned to the attorneys.
County Attorney Snell made the opening argument for the state, beginning at half past nine. He described the house and its surroundings with patient accuracy, after which he said: When darkness folded her sable mantle and wrapped its pall over this city on the evening of January 11 last, there had been planned and was on the eve of execution a murderous conspiracy, which for devilish malevolence and hideous cunning and depravity stands out bold and alone in the criminal annals of Lancaster county. I refer to the assault made that evening upon John Sheedy, and which culminated in his death the following day. The preliminaries for the commission of this murder had been arranged with careful reference to detail, and the parties concerned would perhaps have escaped punishment, had not the principal actor in the assault, stung to remorse by a guilty conscience, revealed the infamous conspiracy by a confession, which revealed the details in all its hideous deformity, and pilloried the accomplice before the gaze of a startled community.
He then told of McFarland's employment by Mr. Sheedy to care for his wife's hair, and how she had opportunity during the hours they were together to thoroughly sound him on the point which was nearest her heart; how Mrs. Charley COil had seen him standing at the corner of Thirteenth and P streets anxiously watching the Sheedy house; how the defense had failed utterly to show where he was during the time the assault was made; how the defense had signally failed to throw suspicion upon gamblers Gleason and Williams, and then said: No man ever committed the awful crime of murder without a motive. What, then, was the motive that startled the nerves and seared the conscience of Monday McFarland? What prompted him to the commission of the most awful crime known to our statuses? There was a motive; what was it! It was Mary Sheedy, the wife of the man against whose life she was conspiring, and she urged him on not alone by the promise of great financial reward, but, as he says in his confession, by the sacrifice of her chastity to him. Still he could not nerve himself to attempt the life of a man who had been his benefactor, and to whom he had every reason to consider he owed a debt of gratitude he could never repay.
He discussed at some length the effort of the defense to show that the Sheedy home was miniature Garden of Eden, and how they had called witnesses who knew nothing and simply said that they never saw any trouble between the husband and wife. How Mrs. Swift and Mrs. Hood, friends of the family, and Johnny Klausner had told of relations between them that was anything but amicable, and of seeing her in tears and hearing her talk of divorce. However, the evidence failed to show any trouble between them until after she had met Walstrom in Buffalo last summer. Her friendship for Walstrum was then commented upon, and inferences drawn of this relationship that was far from complimentary to the fair defendant. He also referred to the purchase of the night shirts and other gents' wear by Mrs. Sheedy; how she may have said they were for her husband, but that the defense had failed to bring them into court from among John Sheedy's effects because they were in the possession of A. H. Walstrom had gone to Mrs. Carpenter's home with her and the latter's sister had gone after Mrs. Sheedy, who came at once; how immediately after the assault Mrs. Sheedy first called for some one to go after the priest and the very next moment for C C Carpenter to go and tell Walstrom that Sheedy had been assaulted; how she called Walstrom her sweetheart and on the night of the first assault had said that people could not say that "her Harry" did it as he was at work that night, and how she sent word to Walstrom that as he valued her friendship he should come to Sheedy's funeral. He contended that the only reasonable explanation of all these acts was that Mrs. Sheedy was maintaining criminal relations with Walstrom, and said that it was shown by the testimony that not until after Walstrom arrived that Mrs. Sheedy complained of her treatment by Sheedy or that John Sheedy threatened to shoot her.
He then discussed McFarland's confession and claimed that it had been confirmed by every surrounding circumstances, and how utterly impossible it was for him to invent such a story. Of their alleged criminal relations he said that there was nothing preposterous in the supposition that she had committed adultery with him, as a woman with murder in her heart would do anything and stop at nothing. The defense would attempt to make capital out of her "sad face" and "pensively sad face," but it was rather a case of iron nerve than anything else. She knew John Sheedy before she married him, in fact had sustained widely relations with him for some months prior to the actual wedding, and no sympathy was due her as a "gambler's sad faced wife."
The details of the horrible confession were discussed item by item and made to dove-tail into established facts that Monday sat uneasily in his chair and Mrs. Sheedy buried her face in her handkerchief.
Mr. Carder's positive identification of the cane compared with his inability to identify his own hand writing on the police register. He took the confession of Monday in relation to the shot fired on the night of December 9, and showed how every minute feature of it was corroborated by the testimony of Mr. and Mrs. Hosman, except as to the color of the assailant. Even the relative positions of the parties, the clothing which the assailant wore at the time at which the assault occurred were the same in both statements. In Monday's confession he told of having fallen down at the corner of (Continued on page 4.)