42

NEITHER OF THEM IS GUILTY

SUCH IS THE VERDICT IN THE SHEEDY CASE.

The Great Murder Trial Brought to a Close With a Surprise for All.

Monday McFarland and Mary Sheedy Liberated from Their Long and Agonizing Imprisonment and Inquisition.

A Pathetic Scene in Court.

The closing scene of the greatest murder trial ever held in the state of Nebraska yesterday afternoon was somewhat surprising to the public, in spite of the fact that the court's interpretation to the jury of the law governing the case had in a measure indicated the probable result.

It was at 3 o'clock that the rumor was noise about among a very few people that the jury was likely soon to come in, having reached a verdict. The attorneys, in the case, court attaches, defendants and press representatives were notified and soon assembled in the court room. It was 3:25 when the defendants came into court and resumed the seats they have respectively occupied during the fearful ordeal that has racked their physical and mental capabilities for almost four weeks. Mrs. Sheedy was accompanied by her three sisters, her brother-in-law and her uncle, while Monday McFarland was unattended except by Jailor Langdon.

Mrs. Sheedy was perfectly calm in her demeanor, although there was a slightly restless expression in her widely-opened, sad-looking eyes. There was not an indication that she indulged either fear or hope for the result. She was as unperturbed, to all appearances, as if she were sitting in a sanctuary nervously awaiting the opening song or the service.

Monday McFarland's features were actually lighted up by a succession of broad grains as he conversed in whispers with Mr. Woodward of his counsel. He was evidently anticipating his liberation but fearful that his anticipations were mistaken open.

Hardly a minute had elapsed after their arrival ere the jury filed into their seats. There were less than 100 people present when Judge Field took his place upon the bench and the attorneys seated themselves around the table, as care had been taken to guard from the public the fact that an agreement had been reached.

"Open court," commanded Judge Field 3:30, addressing Sheriff McClay.

"Hear ye! Hear ye! The honorable district court is now in session pursuant to adjournment."

"Call the roll of jurors, Mr. Clerk."
"James Van Campan."
"Here."
"George Abrecht."
"Here."
"J. C. Jensen."
"Here."
"Jacob Croy."
"Here."
"Albert Ward."
"Here."
"Henry L. Willis."
"Here."
"Ed Young."
"Here."
"John Robertson."
"Here."
"C. S. Cadwallader."
"Here."
"Luter Batten."
"Here."
"James Johnson."
"Here."
"Thomas Riley."
"Here."

"Gentlemen," said the court have you reached a verdict?"

"We have," replied Foreman John Robertson.

"The clerk will read it."

District Clerk Sizer stepped to the jury box and took from the hands of Foreman Johnson the roll of instructions from the court and small white slip of paper the usual form of a verdict.

The silence was oppressive as he returned to his desk, and it was noticed that neither of the prisoners flinched in the slightest. They were evidently nerved to bear the result coolly and bravely whatever it might be.

"Gentlemen, you will listen to the reading of your verdict as it will appear upon the records of this court," said Clerk Sizer, ere he read in clear but trembling tones that contents of the document.

"STATE OF NEBRASKA.
COUNTY OF LANCASTER.

February term, A. D., 1891. to-wit, May 29, 1891.
State of Nebraska vs. Monday McFarland and Mary Sheedy.

'We, the jury duly empanelled and sworn in the above entitled cause, do find the defendants, Monday McFarland and Mary Sheedy, NOT GUILTY as they stand charged in the information.'

JOHN ROBERTSON, Poreman."

The last words of the clerk were drowned in the loud shout of approval that went up from the few spectators present and it took some time for Sheriff McClay to summon order from the reigning confusion.

As the words "not guilty" fell from the lips of the clerk, Mrs. Morgan, who at sat Mrs. Sheedy's left, with lightning rapidity, turned and folded both arms about her sister, whose head rested upon her shoulder as she showered her passionate kisses upon her. If they uttered a word it was lost in the general acclaim. When Mrs. Morgan released that passionate clasp and Mrs. Sheedy raised her head, there was a glad light in her eyes such as has never rested there, perhaps, for many years, if ever, and certainly never since that fateful night in January when John Sheedy met his tragic death. It was the light of comingled joy and gratitude which beatned upon her, relatives and attendants as they clustered around her. Mr. Strode was hardly behind Mrs. Morgan in point of time, and thoughtless demonstration was probably none the less fervent in [?] her hand in congratulation.

As the words "not guilty" fell upon his stunning ears Monday McFarland fairly leaned from his chair and clapped his hands in delirious applause, shouting his thanks to the jury in the very midst of the [?]. Messrs. Woodward and [?], his attorneys, fairly embraced hint in the fervor of their congratulations, and amid it all the emancipated darkey actually looked as if he could not believe his ears, that the news was absolutely too good to be true.

Finally Sheriff McClay restored order and judge Field addressed a few words on the jury congratulating them upon their liberation from the longest imprisonment ever undergone by a jury in the trial of a criminal case in Lancaster county and commending them for their attention during the trial. He then dismissed them and turning to the overjoyed prisoners in front of him, he remarked.

"Monday McFarland and Mary Sheedy - you are now at liberty."

Monday McFarland and his attorneys cashed at once from the room and were soon en route down into the city, Monday greeting his surprised acquaintances as they went along with an explanation of the verdict. An hour later be revisited the jail with Colonel Philpott and removed his few effects therefrom. When last seen Colonel Philpott was escorting him about the city exhibiting him with a great deal of apparent pride.

Mrs. Sheedy remained in court long enough to receive the congratulations of all present and to express her sincere thankfulness to the jurors, with each of whom she shook hands with grateful acknowledgments. Her sisters and attorneys did likewise and it was noted that next in fervor to her thanks were those of her attorneys. Indeed Mr. Strode and Mr. Stearns looked about as triumphantly happy over the result as did their client and they were the recipients of about as fervent congratulations.

Mrs. Sheedy and her sisters returned to the county jail a few moments after the verdict and were seen through the granted window that bounded their sisters view of the world for so many weeks past evidently packing up her effects for departure. In a half-hour they entered a back and were driven to rooms in the block on the northeast corner of Fourteenth and O, which the uncle and the sisters have occupied since the beginning of the trial.

It is understood that she will remain in Lincoln until Monday or Tuesday, when she expects to start to visit her mother, the aged, feeble Christian woman to whom Mr. Strode so pathetically referred in his argument. She is said to be quite ill, and her departure for her old home may therefore be somewhat delayed.

judge Weir of Boise City, Idaho, who has been one of her attorneys, will probably leave for his home this evening or to-morrow morning, having made many appreciative friends while in Lincoln. The faithful old uncle, W. B. Biggerstaff, will probably leave for his home at the same time.

The verdict was the topic of discussion everywhere last evening, and a wide diversity of opinion most generally expressed was that under the instructions of the court as to the law, the jury could hardly have [?] any other verdict upon the evidence.

It was learned that the jury, after retiring to its room, first took up the admissibility of Monday's confessions in evidence. From the evidence offered on that point they concluded that it had been secured by promises of immunity and by threats of impending danger, wherefore they put it out of their consideration entirely. Even then there were six in favor of conviction for Monday. All of them came around, however, at a little before 3 p.m. and the above verdict was agreen upon.

Reply of the City

Yesterday afternoon E. P. Holmes and Boehmer & Williams, attorneys for the city filed an answer in the district court in the case of A. P. S. Stewart vs Robert Graham and the city council. By resolution the city council ordered an old building on South F street destroyed, alleging that it was the abode of tramps and a nuisance in general. It was torn down and Stuart brought suit against the city for $200 damages. The answer of the defendants to Stuarts petition admits that the council passed such a resolution but deny that the same was done "without authority of law, maliciously, oppressively and without any notice whatever." Defendants allege that at the time of passing the resolution there was a deep, dangerous, open well located under the rear portion of the open shanty, which was dangerous to the lives of police officers who were frequently called there after night to clear the place of dissolute frequenters. Plaintiff knew this and neglected to abate the same. Defendants deny that the shanty was worth $200, as it was almost ready to fall down and the same was offensive and dangerous to the community. Defendant therefore ask leave to go hence.

In Probate Court.

Letters of administration were yesterday filed in probate court by Francis Morrison, widow of the late John Morrison, and upon her petition Charles F. Joers was appointed guardian of John D. Morrison, the [?] heir. Joers gave bond in the sum of $2,000.

Mrs. Adela E. Montgomery yesterday filed an application in probate court to have the south half of the southwest quarter of section 16, township 8, range 8 set apart from the estate of the late Joel Montgomery as her homestead.

Abbie Bush has been appointed guardian of Blanche Ballentine, minor heir of James G. and Mary Ballentine. She gave bond in the sum of $1,300 with Grant A. Bush as surety. Blanche is a girl of fifteen who has lived several years in the Bush family and who is about to receive some $700 the proceeds of a sale of some land left in trust for her by her aunt. Theda Fuller, deceased, of Galesburg, III.

Marriage Licenses Issued.

Judge Stewart yesterday issued licenses to wed. as follows:

William L McKee, Bowling Green, O ........ 29
Miss Mary McPherral, Bennett ................ 23
Mahlon Estes, Lincoln .............................34
Miss Della Ashcraft, Lincoln ....................27

The Equality Docket.

The following entries were recorded yesterday in the equity docket.

Rena Hamilton vs. James A. Hamilton; default of defendant for want of answer; called for trial; court finds from evidence that defendant has been guilty of extreme cruelty towards plaintiff and that plaintiff upon that ground is entitled to a decree of divorce; decree accordingly.

Capital City Planing Mill Company v. Herbert E. Chapel et al. Judgement of foreclosure and sale of mortgaged premises.

Mutual Benefit Life Insurance Company vs. Frederick F. Miller et al. Passed to the foot of the docket.

Mead State Bank vs. E. S. Starr et al. Decree of foreclosure and order of sale.

Nebraska Planting Mill Company vs. Theodore F. Barnes. Decree of foreclosure.

J. R. Webster vs. W. J. Marshall et al. trial had and cause submitted.

Citizens' Bank of Bennett vs J. E. McPherson et al. set for trial Thursday, June 4.

B. A. Gibson vs, James Kenneal v et al. continued to June 6 at 9 a.m.

Charles A. Smith vs. John Twaddle; decree of foreclosure and order of sale.

The Law Docket

Entries were made yesterday on the law docket as follows.

Joesph Weaver vs. E. B. Lawrence and W. Don Fowler; verdict for plaintiff for $435 [?]

Harwood, Ames & Kelly and Mar-