164

TUESDAY

The Testimony Began.

Having concluded the long and tedious task of selecting a jury in the Sheedy case, at 3 o'clock yesterday afternoon, the remaining portion of the session was occupied in presenting the salient features of the famous criminal case to the jury, by the attorneys for the prosecution and defense. County Attorney Snell detalled the cricumstances atteding the assault upon, and later the death of John Sheedy on the evening of January 11th last, when he was murderously assaulted with a heavy cane, which the prosecution believes and will endevaor to prove was wielded by Monday McFarland at the instigation of Mrs. Mary Sheedy. wife of deceased. Mr. Snell reviewed the circumstances at consuderable length and in an address of great force and brulliance presented the cause of the state.

Messrs. Strode and Stearns, counsel for Mrs. Sheedy, and Col. Philpott in behalf of his client Monday. McFarland, sought to enlighten the jury by plausinble and eloquent explanations of the apparent condition that point to their clients as the persons concerned in the murder of Mr. Sheedy. Counsel Strode grew not only eloguent but dropped pathetically into poetry to express his pent up feelings for the fair defendant, whome he feelingly refered to as a " sad, pensive faced lady" resting in the shadow of a great and lasting sorrow.

Counsel for Mrs. Sheedy and McFarland claim the press is not giving them a fair shake in the reports furnshed of the trail, and affect to apprehend that an attempt is being made to manufacture public sentlment against them. " People may believe that we desire to betray Monday McFarland, " said Col. Philpott, " but time and our own actions will disprove all such ungenerous suspicions.

The trail has not yet fairly begun. Wait until we reach the intersting features and watch the final result, when out vindiction will come, anyway, we will receive our reward in heaven. The defense has been hampered at every turn by a hostile press ever since John Sheedy died," said Counsel Stearns.

" Prejudice against Mrs. Sheedy is widely entertained, as the result of the newspapers taking the stand they have, but if we can succeed in keeping the papers away from the jury during the progress of the trail, I feel no fear of the result."

Before the taking of testimony bagan this morning, Mr. Stearns asked the court to make a rule excluding all witnesses othern these undergoing examination upon the stand, from the court room while the trail is in progress. The court thereupon ordered all witnesses from the court room.

Col. Philpott objected to the induction of any testimony bearing upon the fourth count against Monday McFarland for the alleged reason that there is not sufficient evidence to establish the charge made in this court, under the statutes of Nebraska. Mr. Stearns made a similar objection for Mrs. Sheedy as retastes to the third count in the indictment against her. Both objections were promptly overruled, and exceptions taken.

The preilminary preparations having been concluded Dr. Hart, the first witness was called to the stand, and his examination begun by counsel Frank Hall, who questioned him at great length as following:
Reside in Lincoln and have been a practicing physicians for a period of six-teen years ; graduated from the Columbus, Ohio, college, and came to Lincoln from Martetta ; attended John Sheedy during his last illness ; know little about the general health of deceased. I reached the house about 7:30 on the evening of January 11 last ; heard the shot fired and drove in direction of the sound, which brought me to Sheedy's house, corner of P and Twelfth. There I was met by Mr. Carpenter, who told me that Sheedy had began shot and that I had been sent for ; Dr. Everett was there when I arrived ; found Sheedy occupying a chair just inside the bed room ; Dr. Evereet was examining the wound ; Mrs. Sheedy was also there; wound was above left eye. I asked Sheedy if they had been laying for him again. Eventally he appeared all right and said the wound did not pain him much. I examined the wound to see if the Skull had been fractured, but found no injury of the character at that time.

The wound was bleeding quite freely, as also was the left side of the nose. Sheedy sat in a chair whole Dr. Everett and myself dressed the wound. So far as observed at the time there was no fracture of the facial bones, but afterward we discovered that the jaw bone had been broken. Sheedy went to bed after the wound had been dressed. He required very little assistance in retiring. Before leaving the house Dr. Everett suggested giving Sheedy an oplate, but I objected, having noticed during a previous attendance upon the patient that opiates exerted an unfavorable influnce upon him. I remained at the house about fifteen mintes after the departure of Dr. Everett. I left about 8:30, and returned about 9:40. I found Sheedy rather nervous, and dicovered that he had been vomting considerably during my absence. This alarmed those in attendance as there was more or less blood in the vomit. His condition at 10:30 was about as might have been expected. I did not, at the time, regard the wound as a serious one. His only complaint was that his head hurt him. Mrs. Sheedy was waiting upon him at the time, and appeared to manifest dispostion to do all she could to alleviate the sufferings of her husband. Before I took my departure Mrs. Sheedy asked me to return soon. I don't recollect to have said anything to Sheedy about his condition, but think he ventured the remark that he did not think he wound was a serious one. I was first told that Sheedy had been shot, but an examination of the wound shoed it had made with a blunt insrtument. Upon my return at 10 :30, I got thirty grains of sulfenal, a sleep-producing remedy, and gave it to him in three doses, ten grains at a time. I am familiar with the effects of the drug, having used it for two and a half years. Sulfunal has a sleep producing effect, and has no after effect. Morphine effects the circulation and repiration and produces vomiting.

I noticed no effect produced by the sulfunal. He vomited up the first dose, as
he did another. There was no excessive labor in vomting. In my opinion the vomting resulted from the shock produced on his nervous system by the blow.
Mrs. Sheedy gave him the first dose of sulfunal, as she did the others. I stood at the bed side at the time. It was given in water, In doses of ten grains each. I told her how to give ; don't know where she got the water, but think there was a glass of water on the dresser at the time ; saw her put the sulfanal in the glass.

I as there when the first dose was given. Sheedy did not sleep any during the fist hour I was there. The drug produced no effect, nether at the first or second doses. Sulfunal operates slowly and the effect would be cause sleep.

He did vomit, and I think pretty well emptied the stomach. I was away from the house about twenty five minutes. Mrs. Sheedy and young Dennis Sheedy were left in charge of the patient during my absence. I went to the drug store to get hypodermic talets and afterwards went home to get my hypodermic syringe. I could not get the tablets and got morphine, intending to use if necessary. The largest dose of sulfunal I ever gave was forty grains. I regard sixty grains as a maximum dose. When I returned to the house they told me he had not vomitted to any extend during my absence. Sheedy was uneasy and kept moving the bedclothes. The center gaslight in the room as at the foot of in the bed occupied by Sheedy. The jet-were kept burning brightly part of the time and turned down a part of the time in order to give the patient an opportunity to sleep if possible. I did not give any medicine immediately upon enter ing the second time, but about 12 o'clock Mrs. Sheedy gave him the medicine in a cup of coffee. I saw the medicine put in the coffee. She was making the coffee when I went to the kitchen. I was in and about the house until 8 o'clock the next morning, was in the bed room and sitting room most of the time.

I requested that the light he turned down in the bed room hoping to induce sleep. Mrs. Sheedy was in the sitting room and bed room. I do not recall that she made any entended remark about the attempt upon the life of her husband. I heard five shots fired just prior to going to the Sheedy residence.

About 4 o'clock a.m . I heard heavy breathing. I went into the room to as certain his condition. I was considerably suprised, because I had not anticipated such trouble. I found him perfecly uncenscious and brathing five or six times a minute, and his pulse about 140. His eyes were closed and the body almost paralyzed. I tried to give him whisky, but he could not swallow it, owing to paralysis of the muscles of the throat.

Mrs. Sheedy followed young Dennis Sheedy and myself into the bed room. I examined his pulse. Prior to 10 o'clcok his pulse was about 85 to 90, The increase above the normal was caused the effect of the shock to his nervous system. This slow respiration was occasioned by n paralysis of the involuntary muscles of the stomach which produce respiration and his temperatture was just 100. My opinion at the time was that there was hemorrhage at the base of the brain, produced by the effect of the blow. In my opinion this hemorrhage could not be produced by the sulfunal. I told Mrs. Sheedy and Dennis that I did not like the symptoms. Mrs. Sheedy appeared rather uneasy and anxious. The function of the body were entirely suspended at the time. Sheedy was lying upon his back in the same condition I had left him at 1 o'clock. I summoned Dr. Everett and we made an examination. I went after Dr. Everett, I tod him there were symptoms of pressure at the base of the brain on the part of the paitent, and he went at once with me to the Sheedy residence. We were unable to relieve him. My opinion is that Sheedy died from the effects of the concussion of the blow received upon the head. Dr. Mitchell, Dr. Woodward, Dr. Winnett and others held a conference on the case Monday at the Sheedy residence.

The result of the confernce was that the other physicans conlcded in the opinion held by myself and Dr. Everett.
I reconized no symptoms of morphine poinsoing at the time, but later recalled sympotms that would suggest morphine, such as heavy breathing. The symptoms of morphine posoning and presure upon the brain, as in the Sheedy case. are quite simliar. Sheedy died about 10 o'clock Monday following the assault, and was buried the next Wednsday.

The postmortm examination was not what I consider a thorogh one. In that the base of the brain the medulla where the symptoms of pressure upon the brain would have been visible. were not examined so far as I observed. The symptoms of congestion could have been such as to require the use of a magnify-ing glass to gave detected it, but as no glass was used at the postmortem, I can not state whether these symptoms were present or not. I was present when Sheedy died. The only decided change was in the number of respirations.

Cross-examined---- I do not say that morphine cannot be found in the stomach after death. If the stomach contained the drug at the time of death its presence could be detected ten weeks after death. The quanity required to produce death vaires in differnt persone, some being able to take four or five grains, while a similar dose would cause the death of others.

The only police officer when I noticed about the place as Officer McMinney I think who brought in the cane. Sheedy asked where it had been found, and wanted to know if the man who had assaulted him had been caught. I don't think the officer held any further conversation with decesed. Sheedy made no complaints of any pecuilar taste in office. The taste of morphine is extermely bitter, but sulfnal has really no taste at all when taken in coffee. If deceased had been given morphine at 1 o'clock the symptoms of morphine poisoning would have manifeasted them selves an hour later. I observed no such symptoms. The effect of morphine is to decrease the normal temprature, but in the case of John Sheedy the temprature was increased one and a half degrees above normal. The postmortem examination showed a partial fatty degeration of the heart, which effected the entire left side of the orgin. An extra strain brought upon a person so afflicted might result in death from heart failure.

Adjourned until 2 p.m.
THE AFTERNOON SESSION.
Counsel Strode resumed the cross-exam-
ination after dinner and questioned the witness at great lenght. His obvious intent was to secure from Dr. Hart admission sufficient to discredit the theory of poison having been administered to decased by Mrs. Sheedy, and the doctor certainly met his most snaguine expectation.

The attendance of ladies was quite large, and all twenty-five or thirty occupied seats oustife the railing, while a favored few were permitted to invade the space usually resrved for attorneys and court officers.

Resuming Dr. Hart said :
A man affected with fatty degeration of tee heart and gall stone would be more likely to die tha one in good health. John Sheedy was affected.
He might have lived a number of years had he pursued an ordinary life, but had he been subjected to sudden excitement he might have died at any time. At this point Col. Philpott took witness in had and subjected him to a long examination with reference to the causes resposible for the death of Sheedy. Dr. Hart said he was present at the post mortem. He did noy regard it as a thorough examination. The reason I did not participate actively in the past mortem was because charges had been made against me that I desired to have investigated before I proceeded further in the case. The reason other parts of the body were examined was because the lelson had not been found where expected, and it was desired to locate the lelson.
Redirect examination by Conusel Hall : Though I have said that previous observation had convinced me that morphine effected Mr. Sheedy unfavorably, I determined in the event of finding it necessary, to administer to him on the evening of his injury, one quarter grain of morphine : could not say that the condition of Sheedy's heart was in any was resposible for his death. No process of dissolution and decay.

This closed the testimony of Dr. Hart, and R. B. Graham was called. Counsel Hall explained that Mr. Graham had been supoenaed as a grand juror before the United States court and he was placed upon the stand at this time because of the uncertainty of knowing when he could be secured again :

Witness knew Monday McFarland ; met him in Marshal Melick's office ; had a conversation with McFarland. There was present Detective Malone, Marshal Melick and others. The subject under discussion was the death of John Sheedy.
I was present in persuance of an inviation from Marshal Melick, who called at house and told me that McFarland had decided to make a confession giving the details of the causes leading up tp and the method of Sheedy's death. I went to the office, where I found McFarland and several officers. McFarland did make a confession at the place named on the Sunday morning.

" You may now relate that confession as near as you can recall it and give what McFarland said?"
This brought Judge Weir, associate counsel for defense to his feet, and in an extended arugument he sought to circum-scribe the scope of the witness testimony as indicated by the question.
Counsel Hall vigorously combatted the postion taken by learned judge, and maintained that all confessions are prima facie voluntary and shall be presumed to be voluntary until shown to the contarary. Mr. Mall quoted from the Massachusstts reportes in support of his postion and fortified himself at every point.
This created great confusion among opposing counsel. and for a brief moment there was rushing to and fro until Judge Wier seized a copy of Greenleaf and threw himself into the deadly breach and repulse the threatened danger. Arugment upon the controverted point is still in progress as the NEWS goes it press.
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WEDNSDAY
Some one sneaked into Steiner & Schuetz's drug store, Twelfth and P sts.,
last evening through the rear door. and secured $ 35 from the open safe.
Unkown thieves took advantage of the excitment this morning and entered E. Fleming's jewelry store, 1224 O street, through a rear door, which had been left open. Nine watches opera glasses and jewelry amounting to $ 225 were taken.
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The Sheedy Case.
The visit of President Harrison and party to the city today acted as a counter attraction, and as a result the attendance upon Sheedy trail was limited to those unfortunates who were compelled to be present in compilance with the mandate of the court, everybody else having gone to the depot or captol building to see the train arrive and hear the president's address.

Having listened to extended arguments for and against the admission of ex- Mayor Graham's version of Monday McFarland's confession, Judge Field finally rulled that the postion taken by Counsel Hall that all confession were presumed prima facie voluntary until proven otherwise, was correct, and held that the defense would be compelled to prove that compulsion or duress had been exercised to extort the confession. The defense fought this propoaltion strenuously, but were overruled.
Mr. Weir was then excused from testifying further at this time, and the defense placed Officer Carder upon the stand to show that Detective Malone had scared McFarland into making a confession by telling him that a mob was outside ciamoring to hang him unless he confessed. Captin Carder was regarded by the prosecution as a quite willing witness. He testifed that Malone had confind Monday in a cell and terrorized him into confessing guilt. Malone had caused the officers outside to dance and shufle their feet over the floor to simulate a noise, which he told Monday was made by a mob. Carder claimed that it was under these adverse conditions that the confession had been made.

Ex-Marshal Melick was next placed on the stand, but his evidence did not prove satisfatory to the defense, and his exmination was brief.

When James Malone was summoned to the stand, counsel Philpott objected to permitting his testimony to be taken, allerging that Malone had secretd him self in Judge Field's private room and with he assistance of Marshal Melick, tried to overhear the testimony of Mr. Graham. In this he claimed Malone had violated a rule established by the court excluding witnesses from the court room and from overhearing the evidence of preceding witnesses. Judge Field overruled the
objection, but warned Malone not to attempt a violation of the rule in future.
When court convened thsi afternoon the large audience room was crowded to suffocation. Among those in attendance was scores of ladeis, who are becoming more largley represented every day.

Continuting their plan to show that McFarland's confession had been secured by undue infulences, the defense placed a young attorney named Frank Waters upond the stand. Mr. Waters was a member of the coroner's jury that sad at the inquest held over the remains of John Sheedy. He testified that Malone had told him prior to the time the jury reached a verdict that McFarland had been frightened into making his confession by being told thta " Mr. Sheedy had given the whole d----d thing away, and that a mob was outside waiting to lynch McFarland. " Mr. Waters was possessed of a very faulty memory, and unable to state-ment attributed to him. His recollection of the conversation was decidedly nebulous and vague, and he bacome badly tangled under the severe cross examination of Counsel Frank Hall. Waters stated that he had volunatrily and from a sense of duty called upon Mr. Strode, counsel for Mrs. Sheedy, and told him about the statment made to him (witness) by Malone.

Mr. Plneo, a detective, was next called. He is in the employ of the defense. Mr. Pineo related an alleged coversation had with Malone in which he claimed the latter acknowledged having frightened McFarland into making his confession.
This witness had also violated the rule excluding those subponaed to testify from the court room during the taking of evidence.

Counsel Hall and Lamberston objected to Pinneo being allowed to testify, but following a severe lecture directed to counsel for the defense for the sharp practice they appeared to be gulity of in. this instance, Judge Field permitted him to give his testimony. Judge Field, passing upon the matter, said that hereafter he would exclude the testimony of all witnesses who should be found guilty of remaining in court in violation of rule estabilished.
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Activity of the Builders.
The Bolton & Humphrey Lumber company opened up yard last fall in the north part of the city, on the C., R. I. & P. Ry., and although the time since starting business has been during the dull season, they report a very satisfactory trade.
Their sales have extended to various parts of the city and to some out side towns. Among the bills which they have sold are the following :

W. A. Vance, one house in Washintgton Heights; W. A. Vance, three houses ; J. W. Hills, two ; C. E. Hills, two ; A. M. Peebles, one ; Alvin Todd, one; J. E. Russell, one ; M. L. Todd, one; D. L. Jordan, one ; C. F. McMaster, two, and J. J. Croy, one. in University Place ; A. E. Hawkins, one house ; C. M. Hawkins, one ; J. B. McBirde, one ; H. W. Hick-man, one, Lincoln Heights; L. C. Humphrey, one house ; A. H. Humbrey, one, both in Grand View; James A. Balley, four houses in Belmont ; Cosgrove & Halter, new building at Ninth and P; Swedish M. E. Church, at Eighteenth and R ; A. N. Oleason, one house in some locality ; George Hartz, one house in Humphrey Park addition : J . Ferrier. one house north of Grand View ; L. T. Soncey, one house, College View ; E. B. Walt, Prairie Home, one house, College View ; E. B. Walt, Prairie Home, one house, and Kerrlhard & Lee, also of Prairie Home, three.
This firm carry a general stock of all building material and will furnish everything for a house or building of any kind at the lowest market price and give easy terms of payment. Parties who think of building should give them a call before buying their bills. They will be found at their city office, 112 South Thirteenth street.

A safe inverstment.
In one which in guarented to bris you satisfactory results, or in case of failure a return of purchase price. On this safe plan you can buy from our adverstied druggist a bottie of Dr. King New Discovery for Consumption. It is guaranted to bring relief in every case, when used for any affection of Throat, Lunga or Chest, such as Consumption, inflamation of Lungs, Bronchits, Asthma, Whooping Cough, Croup, etc., etc.
It is pleasent and agreeble to taste, perfectly safe, and can always be depended upon. Trail bottles free at J. H. Harley's drug store.

CITY MARKETS,
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GENERAL MARKETS.
Cattle-fat cows.
Butcher's stock, $ 2. 50 @ 3. 25.
Steers, per ewt., $ 4.00.
Calves, " $ 3.50 @ $ 4. 50
Sheep, " $ 4.00 @ 4. 75
Hogs, $ 3. 50 @ $ 4. 00.
Turkeys, live, 11 c per pound.
Chickens, $ 2 75 @ 3. 50 per dozen.
Chickens dressed. 8 c.
Butter, choice, 20c @ 22c.
Eggs, 12 c.
Potatoes $ 1. 10 per bushel.
Potatoes $ 1. 50 to 1. 65.
Apples, $ 3. 00 @ 4. 25 per barrel.
Oats, on street 50 c.
Corn, 65c. @ 70c.
FLOUR AND FEED.
REPORTED BY BURNS & CO., wholeesale
flour and feed, 121 South Ninth street.
High P Cock Pat., per cwt., $ 3. 00
Golden Belt, per cwt., 2. 80.
I X L Straight, per cwt., $ 2. 60.
King of Dakota, per cwt., $ 2. 60
Rye flour, per cwt., $ 2. 10
Botled corn meal, per cwt., $ 1. 30.
Bran, per ton, sacked, $ 19. 00.
Shorts, per ton, sacked, $ 20. 00.
Corn chop, per ton, sacked, $ 23, 00.
Corn and oats chop, per ton, sacked, $ 23. 00.
Oil meal, per ton, sacked, $ 31. 00.
Baled hay on track, 12@ $ 15 ; loads on street, $ 10, 00 to 12. 00.
Choice white oats per bushel on street 45 @ 50c.
Wheat screenings, per cwt., 90c.
Baled straw, per ton, $ 8.00.
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Waverly Teachers Institute.
The northeast Lancaster county Teachers Institnte convend at Waverly on Saturday, 9th inst, and discussed a very intersting program consisting of music by the choir, address of welcome and 1 responses, reading, recitations, discus
sions and lecture in which Dick Cooley, John Loder, Delia Post, I. N. Clark, Mrs. Warner, Miss Musgrove, Mrs. Riddell, Prof. O. W. Corey, W. J. Loder, Miss Fitchie, Prof. J. H. Miller participated and were rewarded by hearty approval, each reflecting credit upon themselves and for their contributions to the entertainment.
The lecture of Prof. Corey was highly apprecitated. His vivid descriptions of strange pepole with still stranger customs, illustrated, held close attention nearly an hour and a half.

Prof. Berge on ethics demonstrated that he is thinker and orator, setting forth principals of the deepest moral worth in a clear and forcible manner. Prof. Miller's address abounded in plain facts as to the home influnce upon the child
He did not wish to remove any reson ability from the teacher, but was tired of having the teachers reponsibilitu spoken of so much while the parent goes free. Miss Fitchle from University place is deserving of especial mention.
At the close of the forenoon session, the audience was invited to the school build-ing, where in advanced room was exhibited the work of the Waverly schools for this year. Also similar work from other districts.
One of the most satisfactory features was the nice dinner served in a vacant room of the school building. More than ordiary plains had been taken by the ladies to make this a pleasant feature, and about 150 were refreshed by their bounteous genorosity. There were about 250 teachers and vistors present, and all pronounced the entertaiment one of rare literary interest.

Bright Agricularal Prospects.
The (?) display at the stores and market places these days is immense and comprises the products of half-dozen climates. The domestic exhibit is the finest seen in Lincoln for years. Although we have frequently been blessed with earlier specimens none were larger, fairer nor more numerous in variety or ever commanded better prices. Farmers were numerous in the Lincoln market on Saturday, Fresh grass butter and eggs were the chief articles of home merce brought in by teams, with a spring colt frequently tagging the old mare or haltered by her side. An occasional veal calf was deposited in the wagon box to be sacrificed, but spring cickens were in very light supply,
The vistors are unanimous in their favorable reports concerning in healthy condition of all growing crops and but few ventured to state they feared damage to the fruit from recent few cold days and nights. All agree that Lancaster and adjoining countles are all right, and delcare the prospects for big crops is extremely encouraging.
Its Laibilities.
" What is all this crowd doing here ?"
inquired the stranger.
" Bank's busted, " answered the sour looking man sitting on the curbstone.
" What are its assest supposed to be ?"
" Hey?"
" How much property can it show on hand ? "
" Blamed if I know. "
" Know anything about its liabilities ?"
" Yes. I know I ain't liable to git any of my money out'n it, " said the disconsolate citizen on the eurbstone taking a fresh chew of tobacco and pulling his hat further down over his eyes---- Chicago Tribune.
Misplaced Confidence.
(image)
" Now, I'll show you how to hang a picture. "
(image)

" Ah, it takes me to hang a" --------
(image)

-----" Picture------ --------- !!! --------?? --------!"
------Smith, Gray & Co. 's Monthly.
A Small Boy's Ruse----
" Never throw stones at a carter when you are alone, " said a small Canadian boy to the painter of his portait, whom he had taken into his confidennce. " You must always have another boy with you when you throw stones at a carter. "

" Why ?" Because when the carter gets down to run after you then the other boy can throw stones at the horse and start him up, and the carter will be obliged to leave you alone and go to take care of his horse. Always have another boy with you when you throw stones at a carter. " ---- Boston Transcript.

A Novel Scheme.
" What are these knobs on the floor, my dear?" asked Mr. Noopop.
" Those are buttons," returned Mrs. N-----. " I had them put down this morning, so that I could button that baby's dress to the floor while I was fixing up the house. "----- New York Evening Sun.