167

TUESDAY
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Three Nebraska murders are to hang within three weeks. They are Haunstein, at Broken Bow, for the murder of a neighbor about a year ago, and Furst and Sheppherd for the murder of an old man near Calloway about a year and a half ago.
Haunstein was to have been hung on the 17th last. but Governor been granted him a respite for thirty days. His execution takes place Friday, and Sheppherd and Furst on June 5th.
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More Medict Evidence.
The trail of Mary Sheedy and Monday McFarland has now reached a stage of absorbing interest, and a point where a strong inference, drawn from impending eqents which project their ominous shadows into the present, that the proscution is on the eve of a denonement of the most starting nature. The procedings during the past twelve hours imply that a serious oversight which escaped attention at the autopsy, has been remedied by a recent exhuming of the body and a thorough chemical analysis of the contents of the bladder and kidneys made. Though not thus far specifically disclosed, there are exselient reason for apprehending that this last examination has disclosed the presence of morphine poison in the urine and the kidneys.
The last analysis of the internal organs was made by Prof. Haynes. an eminent authority in chemistry, of the Chicago univesity, who has been conducting the investigation for a month or more past. The result of the analysis of the contents of the kidneys and bladder is apparently forshadowed by the questions asked physians upon the stand as to the eminence of Prof. Haynes as a chemist. Thus far all have agreed that he is regarded as a leading authority upon chemical analysis.
Counsel for state are visibly laycing the foundation for Prof. Haynes introduction upon the stand in the near future, and the natural conclusion can be no other than a reasonable assurance that his analysis of the kidneys and bladder has disclosed the presence of morphine as otherwise there would exsit no plausible reason for bringing him from Chicago to testify. Whether he is yet in the city or not remains a dead secret with prosecution, but present indications point to sensatinal disoloure during the next few days.
The skull of Sheedy, sawed into two parts, was exhibited in court yesterday afternoon and this morining. Its shows two old injuies, both the results, apparently, of plsol balls. One is located in the forhead immediately above the eyes, where the ball almost pentrated the skull, but not sufficiently to injure the brain. A similar wound is visible on the back part of the skull. The bone covering was deeply demted, but not entirely performed.
During its exhibition Mrs. Sheedy testifested no symptoms of emotion. but (?) with her eyes fixed upon the floor, with a look of dogged indiference mantling her unatural pale face.
Following is the continution of the testimony yesterday afternoon :
Mr. D. G. Courtnay, an attorney who had looked after lie legal interests of Mr. Sheedy, was called yesterday afternoon. He testified that he was at the Sheedy residence shortly after the murderyns assult. He helped put him to bed and underss him, took charge of Sheedy's papers, advised Mrs. Sheedy to deposit
$650 found among papers, in a bank subject to her check. Had conversations with Sheedy daily since the shooting one mounth previous to his death.
These occurred in the office of the witness. Sheedy suspected G. L. Bradess Mose Smith, Alex Jestin and Frank Willams of conspiring to put him out of the way. The witness advised Sheedy to employ detectives. Was asked by Mrs. Sheedy after the funeral if he ( Courtnay) thought her guilty. [Overruled.] This question was induced by the look Courtnay gave Mrs. Sheedy on entering her house. The conversation with Mrs. Sheedy were of a financial nature. The witness refused to let McFarland in the house the next day because there was too much of a crowd.
Dr. Winnett was then called. He testified that he was present at the autopsy over the body of John Sheedy and participated in the same. His testimony in regard to it was similar to that of Dr. Beachley, who testified last Saturday.
A most sensational episode was the production of the skull of John Sheedy.
Many supposed it was simply an imiation of Sheedy's cranium, used for purposes of demonstration.
Mr. Lambertson, attorney for the state, asked Dr. Winnett :
" Whose skull is that you hold in your hand?"
The witness replied : " It is the skull of John Sheedy !"
For a few moments the judge jury, spectators, but above all the attorneys for the defense were paralyzed. Mrs. Sheedy dropped her eyes for a moment, but afterward raised them, first in a daxed manner, but later she recovered and in a sorutinizing way she looked at it as though it were a curiosity. She did not shed a tear, or even look troubled after the first surprise.
The skull was easily recognizable as that of Sheedy's, the depression in the forhead where a billy had once been buried by the assalant being planty noticeable. the doctor pointed out where the outer portion of the skull was craked, but the blows had in no manner affected the inner plate of the skull or the brain. Mr. Lambertson proceeded :
" State whether from the examination you have made of the skull of John Sheedy if in your opinion the blow that was administered at that time was sufficient to produce death ?"
" No, sir," was the answer.
" Was the blow that was administered to John Sheedy and the wound inflicted on him sufficient, in your opinion, to account for the symptoms that you saw in his last illness?"
The audience bent eagerly forward to catch the reply that came out distinct and clear :
" No, sir. "
THIS MORNING,
Dr. Winnett, whose examination was in progress last evening when court adjourned, resumed the stand this morning and was cross-examined as follows : Was called at noon to the John Sheedy ; I found Drs. Hart, Deverett, Mitchell and Oflerman already in attendences ; I was these fifteen or twenty [dr?] ; we held a consution, and came to the conclu -
sion that there was a pressure of some kind over the brain ; I colncided ; I was present at the autopsy, which was conducted by Dr. Castbeer, who did most of the work, and as I understood, had charge of it ; was examined the brain organs of the chest, liver and kidneys ; I think Dr. Beachley made notes of the result, but cannot state the nature of those notes. I left before most of the physicians did ; my understanding was that an effort had been mad to exclude yourself( Strode) and anybody else representing Mrs. Sheedy at the autopsy ;
I looked at the brain, but did handle the brain, and don't think I touched it ; do not think there was any more than the normal quanity of cerus matter in the brain ; I thought
I detected a small quantity of blood near the base of the skull caused by an old wound----resembled a bullet wound ; there was a depression in the front part of the skull, but it was an old depression ; it would not require a very severe blow to cause a wond like the one referred to ; examined, the medulla oblongatta, but used no microscope ; did not examine the spinal column at the time, but did three or four weeks ago at Robert's undertaking rooms ; this was three months after the autospy that I made this examination; It was about four weeks ago ; never examined the body and did not inspect the cord but once; Dr. Everett and I took them there ; knew it was the spinal cord and head of Jenn Sheedy, because Dr. Everett and myself removed them from the body in the grave at the cemetery.
Prof. Hayne of Chicago and a number of other men were present in the cemetery at the time we opend the graves. Prof. Hayne took the liver and bladder ; we took the cord and skull to Dr. Everett's office ; can't say I was requested to keep this a prefound secret, though I have maintained a discreet silence about it.
the body was in a state of partial decompostion. The brain we decomposed ; the liver had undergone very little change ; the bladder was fairly good condition ; we found secur fairly good condition ; we found securetion in it-- from two to four ounces of secretion in it---the skull has been in Dr. Everett's office most of the time since we took it from the grave it was cleaned by Dr. Everett ; it was first taken to the undertaker's office ; it was in charge of Mr. Roberts, who kept it under lock and key in the basement four of five day !
the skull was kept in a bucket ; there was only one mode of access to the room except a door leading out under the sidewalk, but we examined this door and always found it closed and securely locked ; I regard one grain of morphine as toxic dose, which would operate in from thirty minutes to one hour ; I would say that the authorties do not say morphine would take effect in five minutes ; I got the impression that it requires from thirty to fifty minutes for morphine to operate from tubulak statements published in last year's edition of Medical Science, but I may have been in error.
" Have you that table with you ?"
" Yes, sir. "
" Please show it to me. "
The doctor examined the table and accompanying article, but after a long search confessed to having been mistaken relative to the period required for a toxic dose of morphine to take effect.
" To Judge from my own obervation, however, I can say with the utmost confidence that the fetal symptoms are not present until between thirty and fifty minutes. I call to mind in particular the case of a man who died at the Transit hotel in this city four or five years ago.
Know he had taken a toxic dose because he poisoned. I attended the case myself. The symptoms attending concussion or compression of the brain are usually very similar to those present in cases of morphine poisoning. Such a blow as John Sheedy suffered might produce concussion or compression of the brain.
The frontal portion of the skull was then produced, and during the examintion that followed, witness said the character of the fractures of the nasal and jaw bones had been produced by a very heavy blow, which might possibly have caused death. " But." said the doctor, " I want to say that I do not believe John Sheedy's death was the result of any such blow. I think he died from wholly different causes. "
I cannot say there is any particular changes in the lungs following death by morphine poisoning.
" I was covinced from what I observed at the post mortem examination that there was not sufficient indications to imply death from compression of the brain, but I did believe the symptoms were those of morphine poisoning ; I will say, however, that had John Sheedy died under other circumstances, and I not have known the suroundings attending his death, I would not have suspected morphine poisoning.
Lambertson requested permission to have the doctor show the jury and point out what portions showed the evidences of extravasation blood. Objected to unless offered in evidence.
" Very well, gentelmen," answered Lambertson, " I'll accommodate you.
Your Honor, I now offer the skull in evidence. "
" I object" put in Strode, " I'll save the record on you there. The reason we object, " explained Strode is because the skull was removed from the body long after the post mortem and has not been in the custody of any one properly authorined to keep them. "
" Objection overruled" responded Juge Field, and the skull want in evidence.
Witness----A re-examination of the skull convinced me that the blow given Sheedy was heavier than I had at first supposed ;
I have thought a great deal about the effects of concussion, compression or morphine upon the brain since the death of John Sheed, but have not read up extensively. "
Dr. M . H. Everett called and sworn ; Elave lived in Lincoln a little over four years ; my profession is that of medicine and surgery, which I have practied for twenty one years ; am the local surgeon for the Butilngton read ; I did not personally know John Sheedy, though I reside almost opposite. On the evening of the assault I was sitting in my room ; I heard several shots fired from the direction of the Sheedy residence ; did not see Mr. or Mrs. Sheedy ; I ran accross the street and went in the house ; I founf quite a crowd at the gate ; I found Mr. Sheedy in the front room, with Mrs. Sheedy standing by his side ; I first thought he was shot, seeing the old wound in his forehead and remarked that the bullet had gone through. He then told me that he had been struck and not shot. Dr. Hart followed me in ; I regarded the wound as a trival nature, and soon left the house, leaving Dr. Hart there I observed the hearing and manner of Mrs. Sheedy at the time ; She was very calm and collected and
manifested no emotion ; I went away, but was called again about 4 o'clock in the morning ; I found him suffering from what I thought at the time was an overdose of morphine, but as Dr. Hart informed me no morphine had been administered
I concluded he was suffering from concussion or compression of the brain.
There was a conference of physicians held to discuss the probable causes of Sheedy's death. We agreed that it had resulted from morphine. Mrs. Sheedy was in the room at the time and could have overheard what we said.
There was no medicine administered while I was there on the evening of the assult. Dr. Hart told me next morning that he had administered sulfunal to Sheedy. The effect of sulfunal is to induce sleep, there are no after effects.
The effects of morphine are widely different.
In some cases it would be impossible to distinguish between the symptoms attending compression of the brain and those present at poisoning by morphia ; I examined the eyes and found the pupils nearly normal ; I suspected upon an inspection of the puplis, and finding them normal ; I suspected upon an inspection of the pupils, and finding them normal, that atrophia had been given to counteract the contracting effect of morphine on the pupils of the eye. Atrophine and morphine can be given in mixed doses and thus antagonize each other in this respect. Morphine, hypodermically administered, acts quickly upon the nerve centers and leaves no trace of its presence in the stigmach ; morphine, when a toxic dose is given, may operate in a half hour or less.
On or about Arbor Day the body of John Sheedy was exhumed and subjected to another examination ; the body was taken up, and the head, the vertbra, the liver and the bladder ; did not draw the water from the bladder ; it contained two or three ounces of water ; the liver and general organs were in a condition of good preservation ; the bladder and kidnews were taken in charge by Prof. Hoyne, of Chicago ; Prof. Hayne is considered as one of the best chemists in the country. There were two little girls in the grave yard when we exhumed the body ; I recogized the body as that of John Sheedy.
Dr. Everett then virtually repeated the substance of the previous witness with reference to the custody of the parts of the body removed, and how they were treated in cleaning the skull.
" I think John Sheedy died from morphine poisoning.
AFTERNOON SESSION.
Dr. Everett called, and resumed the broken thread of his interrupted testimony as follows : Think I saw four flashes when I looked toward the Sheedy residence ; saw four flashes, I think ; I am reasonably certain that I could determine the direction in which the weapon was pointed as it was being discharged; I cannot state the condition of the window curtains. There were twenty or twenty five crowded about the front gate when I arrived ; Sheedy answered a remark in answer to a question of mine and said he had not been shot, but assulted and struck with a club, Mrs. Sheedy as there and did whatever was asked of her. I did not think it a serious wound. after having examined it. Mrs. Sheedy brought towels water, etc. but nothing else. I suggested giving him morphine as a remedy against the shock, but Dr. Hart objected, saying morphine affected Sheedy unfavorably. He did not suffer any profound shock, which would manifest itself by paralysis, unconsciousness and labored breathing. These symptoms were absent when I first saw Sheedy. I do not recall having said that Sheedy suffered from delayed shock ;
I don't recollect saying anything of this character before the coroner's jury ; If I did say so I don't think so now ; it is posible compression might have caused his death, but I am satisfied in my own mind that death was caused in this case by morphine poison ; I may have said before the autopsy that Sheedy died from the effects of a blow on the head, but I was not possessed of the information then that I subsequently obtained ; Dennis Sheedy, jr. was about the house for several days afterwards ; when I returned at 4 o'clock a. m .
the next morning after the assault, I found Sheedy completely paralyzed and unconscious ; I was told he had been given three doses of sulfunal ; this drug has been in use about two years. It will produce sleep usually in about one hour ; I cannot say how long it would require to have put Sheedy to sleep in the condtion in which I left him ; It would not be an antudote for a toxic dose of morphia ; hot coffee will dissolve morphine; in that case it might operate in five or ten minutes; the brain of Sheedy was abnormally wet ; this condition might be produced by an injury to the head or as a result of onium poisoning ; the condition of Sheedy's heart left him liable to die at any time.
" To what do you attribute Sheedy's death ?"
" To morphia poisoning or to an injury on the head. "
The cross-examination of Dr. Everett was still in progress at 3 o'clock when the NEWS report closed.
Counsel Frank Hall who has been absent several days attending an important trial returned this afternoon. and resumed this position in the Sheedy case.
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From District Court.
John Fitugerald has once more gotten after Jay Gould and his confreres of the Missouri Pacific, legally speaking, and to their claim for 2, 000,000, published exclusively in this paper, he files a reply in which he sets forth at great lenght the peculiar methods employed by Gould and his associates to wreck the Fitzger and Mallory Constuction company, and to evade, as he says, the just debts of the Missouri Pacific. As an instance, he cites where the railroad and construction companies, desiring to avoid litigation, agreed to sumbit the differences to arbitrators. These arbitrators were at work for a long time, but Fitzgerald claims that when it was clear that the railroad company was in debt some $ 400, 000 at that stage of the game, and liable to go deeper, their arbitrator. an employe of the M. P., refused to further arbitrate, giving as his excuse a dispute over whether the telegraph line build was done by order of the railroad company.
John Panzeram says in his answer flied yesterady to the suit of Victor Nelson, who askes for $ 5,000 of John's hidden wealth because the aforesaid John caused the said Victor to be arrested on the charge of perjury, that Victor ought not to get huffy and demand cash for a little thing like that. He (John) had signed the complaint at the advice of his
attorneys, without malice and in good faith, and really Victor ought not to persist in the demand.
Charles A. Johnson, who was uncere- monlously dumped off a hand car on the Union Pacific, by an engine runing wild, has concluded that $ 400 in the hand is worth more than $ 5,000 in the legal bush, and has for that sum in hand paid allowed the company to breath freely once more.
Judge Hall is still engaged in hearing the case of McConnell vs. Meyer. In 1884 McConnell, who was engaged in the mercantille business at 1020 O street, became involved and was closed up. In his testimony McConnell says that the stock cost him $ 55, 000, and he went to John R. Clark of the First National bank and said that he could purchase the stock for $ 20, 000 at sheriff's sale, and wanted to borrow the money, the bank taking the stock as security, McConnell wnated A. C. Platt appointed to dispose of the stock, but Mr. Clark wanted Louie Meyer, who was finally agreed upon, and the stock purchased for $ 22,000. The plaintiff says he asked for a written aggrement, but Mr. Clark declined to have something to do with it if that was insisted on. He said that Meyer had charge of the stock until 1886, when he sold it to one Scheenberg for $ 10,000. The affair appears to be pretty badly mixed up from a layman's point of view, but McConnell, It seems, did not get any of the profits, and is suing for that.
Judge Tibbets and a jury finished the cae of Geo. A. Van Sickle vs. John L Wheeler this morning. This was a suit to recover $ 100 as commission for the sale of a farm near Bennet for defendant, who claimed is answer that it was never sold. The judge gave plaintiff $ 16. 75.
Another small case heard this morning was Pomeroy Coal company vs. C. F. Barras, an action to recover $ 161. 77 for sand and lime furnished for the erection at the Cherry street school house. The defense was that the material was furnished to one Johnson, a sub-contractor who had agreed to furnish to furnish all necessary sand and lime for his part of the work, and therefore defendant should not be bound therefor. The plaintiff claims that Barras guaranteed the bill, which the defendant denies, and asserts that it is simply an attempt to make the bill out of him because it could not be collected from Johnson.
The answer in the case brought by the Missouri Pacific to set aside the verdict obtained by Gottlieb Weinnenger on the ground of perjury and frand, was with drawn, and demurrer setting forth that the pettion did not state sufficient cause of action filed instead.
Nellle Roberts flied her reply to-day to the anwer of the Springfield insurance company, which objects to paying her loss by fire. She denies that any hazordous business was carried on in that house. The assignment of the policy, she says, was not made known to the company because she couldn't find its agent ; and avers that they are raising technical objections simply to worry and harss.
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WEDNESDAY
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The Poison Theory Busted.
Almost the entire morning session of the court was consumed by argument of counsel in the Sheedy case relative to the admission of the statments of McFarland and Mrs. Sheedy before the coroner's jury, made several days following the death of Sheedy. Counsel for defense interposed objection to the relation Monday's statment on this occassion soon after the first witness took the stand this morning, besing their opposition upon the singular, but legal grounds, that a confession made under oath and while the witness was in custody suspected of the crime, was given under duress, and was, therfore, not competent. In support of this objection Messrs. Stearns and Strode cited sevral eminent authorities, among them the case of the state vs. Ruff, in which so eminent an authority as Judge Maxwell, of the Nebraska supreme court, held in harmony with this peculair theory. They also cited similar opinions and dicta for the courts of California, Wisconsin and New York.
Col. Lambertson and proscuting attorney Snell, for the state, combatted this proposition with great vigor and ability, showing that this view of confessions made under oath had been passed upon only in the absence of specific statute, and when the common law obtained. It was shown that in Nebraska there is a statutory enactment which governs, and that the analogy between cases cited and the one at her was not marked.
Col. Lambertson, during a powerful argument opposed to the citations of the defense the potent statment that confession under oath, when the average man is supposed to daily with the truth,
If ever, should be accorded greater rights and entitled to more credence than one made in the absence of any restraint to negative untruth.
Judge Field in passing upon the controverted question, candidly announced that had the matter been raised orginally before him, he would not hesitate to admit the statment of McFarland, but having the precedents presented brought to his attention he could not do otherwise than sustain objection of counsel for defense and exclude any statments made by McFarland under oath before the corner's jury.
The defense then called several witnesses, among them Myron Wheeler, who reported the proceedings at the inquest, to prove that McFarland had been sworn at the time he repeated his confession to the coroner's jury. Mr. Wheeler could not state postively that the oath had been administered, but explained his impression that such was true from the fact that his notes contained his usual mark indicating the witness had been sworn.
Ex-Marshal Melick, who was in attendance upon the inquest, said he felt certain McFarland had not been sworn before being placed upon the stand, as attention was called to this oversight at the time.
Bailliff Hoagland did not think McFarland had been sworn.
Coroner Holyoke was very positive he had administered the oath to the negro, but could not recall any of the circumstances atteding the formality.
Robt. McRaynolds, who was one of the jurors at the coroner's inquest, was drug up after a long search and lugged into court. He was very postive the oath had not been administered to McFarland, because it was his understanding at the time that McFarland could be compelled to testify against himself, and to swear him would not streanghten his statment. McReynolds very seriously impaired the rather postive testimony of the coroner by remarking that the latter had appiled to him ( McReynolds) a month or so ago for information upon this point, and asked if he recollected whether or not McFarland had been placed under oath when before the coroner's jury. This broadly sugests that Holyoke himself did not know.
The evidence given by Mrs. Sheedy before the coroner's jury was introduced in evidence and read from the original shorthand notes by Myron Wheeler. Counsel for Mrs. Sheedy at first anounced entire willingness to let it go in, but as soon as its reading began Mr. Strode heaved in a corpulent objection, and continued to object to each separate question and answer read. He was overruled and her entire testimony given the jury. Beyond showing that her maiden name was Gabriel, and that she has been a much married and divorced woman, that she was united in marriage to John Sheedy several years ago in New Orelans, and disclosing a profound ignorance of his assaitant on the night of the assault, the testimony revealed nothing of special interest.
YESTERDAY AFTERNOON.
After Dr. Everett had concluded his testimony, H. P. Love was called. He testified: " I was passing down in front of the Hotel Mack on the Monday following the assault on John Sheedy. I accidentally ran against Monday McFarland and he said : ' Get out of the way or I will serve you as I did Sheedy, ' or as they did Sheedy. " witness not being sure which.
Dr. Mitchell was called. He testified : " I was called to the Sheedy residence about noon on the day following the assault on John Sheedy. I was called in to help consider the matter of trephaning the skull. We came to the conclusion that it was not best. I concurred in that opinion. We could not trephane the base of the brain because it is out of reach. In my opinion the pressure was at the base of the brain. A blow at the front of the head many effect mainly the base of the brain. I was present at the autopsy. I did not participate. I went there merely to see whether I was correct in my opinion at the time of the consultation. "
" The medulla oblongata was not entirely removed. The symptoms of comprassion of the brain are of conaclousness and inability to arouse the patient, something there is a slow pulse and sometimes it is fast, the bowels are loose and the bladder torpied. I have no reason to believe that I should change my first opinion that it was compression of the brain that caused death. The effects of compression of the brain are not always manifest. Sometimes the effusion or pouring out of serum through the membrance of the brain may not show its effects for hours. There a fracture of the malar bone. "
Marshal Melick was put on the stand and identified certain photographs as fair representations of northeastern, northwestern and southern views of the Sheedy residence. The witness was then execused.
The defense then wanted to know why Dennis Sheedy, sr., and Dennis Sheedy, jr., were not to be put on the witness stand. They decided that they wished to put these gentlemen on the witness stand and suposed that as their names were endorsed on the back of the information that they were to appear as witnesses.
" If you wish," said Mr. Lambertson, " we will send for these gentelmen and pay their fare here as that they may appear as witnesses for you. "
THIS MORNING.
T. C. Munger called and sworn : Have lived five years in the city, and was a member of the coroner's jury at the inquest held on the remains of John Sheedy.
I think McFarland was before the jury on Monday following the assault upon Sheedy. This was about 4 or 5 o'clock p.m. He made a statment before the coroner's jury, occupying about a half hour. My recollection is that he was not sowrn. [ Objection by Philipot, who claimed the shorthhand notes would show that McFarland had testified under oath. ]
What was his bearing ? "
Objected to and a proposition made to introduce the records of the coroner's jury.
Witness---I recollect that the time Monday was testifying, some one in the room called attention to the neglect to place McFarland under oath. The coroner, not wishing to interrupt McFarland, nodded his head and did not interrupt the negro, who proceeded with the narration of his statement ; it is a fact that several witnesses before the coroners jury who had testified quite a while before it was dosclosed that they had not been sworn.
What was the manner of McFarland at this time?
Objection by Strode that McFarland was under duress, and while he was prisoner, and that it was taken down in writing, and that he was under oath.
Counsel for the proscution then proceded to cite authorities in support of their postion that a statement made while the prisoner was under arrest and oath is not admissible.
Attorneys Snell and Lamertson for the state, sturdly comabtted the attiude of the defense, and showed by more recent authorities that the states in which the theory of the defense had been followed have later taken wholly different views, and modified their statutes governing the trials of cirminals when confession were involved.
It was shown further that the courts of these states acted under specific statute, while no such statute exists in the state of Nebraska.
It was shown that McFarland had been coutioned by his attorneys before going before the coroner's jury not to give him- self away, and in spite of this warning he went before that tribunal and made his confession.
More than an hour was consumed by counsel in arguing the question of the admissibilty of Monday's statment before the coroner's jury.
" If this was an original point raised before me I should not hestiate in deciding it, " said Judge Field. " I would admit the confession, but with this Ruff case before me, I will have to follow the established rule, and assuming that McFarland was sworn, I shall have to ex-
clude it.
Myron Wheeler, the shorthand reporter who reported the evidence at the coroner's inquest, was called. He could not say postively that McFarland had been sworn, but had an impression that he was placed under oath. He could not remember the administering of the oath, and recalled that attention was drawn to this apparent overnight.
Marshal Melick, who was in attendance, testified that McFarland was sworn after he began testfying ; had talked only a few minutes before being placed on oath.
Dr. Holyoke, the coroner, was summoned and testified that McFarland had been sworn before giving his evidence. The doctor said McFarland's manner was calm and composed, in fact about the same as the Sunday prior, when he was before him the first time.
The witness was taken in hand by counsel Frank Hall, whose aggresive manner and searching questions tangled him up so badly that he confussed to having a very faulty memory, being unable to recollect but few of the details that occurred before the coroner.
Mr. Hoagland, who was present at the inquest, was called and said he felt positve McFarland had not been sworn by the coroner.
Myron Wheeler, recalled and requested to bring the short notes taken by him at the corner's inquest. Mrs. Sheedy was before the coroner's jury January 15. She was arrested on Sunday. I have the original notes of her evidence before the coroner's jury.
The prosecution offered these notes in evidence.
Objected to as incompetent, but overruled and the notes read.
Mr. McRevnolds, a member of the coroner's jury called and swore postively that McFarland was not sworn before making his statment before the jury.
McFarland was asked to take a seat and did so, sitting at the end of
the table. He ramained there until he was called to make his statements. It may have been that Goldwater testified, Monday McFarland did not hear Goldwater's evidence ; McFarland did not stop after commening his narrative ; I had it in may mind that McFarland had not ought to be sworn, and for this reason I remeber distinctly that he was not sworn. It has not been called to my attention that McFarland had not been sworn other than by Dr. Holyoke who met me on the street one day and asked me if I could recollect whether or not McFarland had been sworn ; I told him I was postive he had not ; I certainly never told you, Mr. Strode, that I did not remember whether McFarland had been sworn or not ; I did not say that to you.
AFTERNOON SESSION.
Prosecuting Attorney Snell sworn and placed upon the stand : I was present at the coroner's inquest and was present when Monday McFarland was brought into the room. I do not think McFarland was sworn. I was there when Mr. Walstrom testified. He was sworn ; I recall a circumstance that McFarland was not sworn because after he had talked a short time some one called attention.
and said he had not been sworn. Some one asked the coroner about this, and I saw him nod his head
Myron Wheeler recalled----If they had stopped McFarland to have sworn him I would have indicated such break in the notes. I do not find any such break in the testimony of McFarland, and which would imply that his statement was continuous. My notes show from custom that he was sworn.
" We now desire to renew the offer we made this morning and ask that Wheeler be allowed to read from his notes what was said by Monday McFarland in his statment before the coroner's jury"
said Counsel Hall.
Strode objected to this on the usual plea that it was not a vountary statment and was extorted under duress.
At this stage Col. Philpott took the stand. He asked and answered his own questions. The colonel proceeded to relate what occured at the city jail when he went to the city jail to see McFarland as his counsel, and at the request of Monday's wife. Speaking in the first person, Col. Philpott datailled what occured under his observation at the coroner's in-quest.
At the conclusion Philpott was placed upon the inquistorial spit and put through a crucial exsmination----Saw McFarland in his cell and was engaged as his counsel ; that was Sunday evening ; I did give him some advice ; I spent an hour or more with Monday the day before he went before the coroner's jury, but did not dream of him going before the coroner and making a statement such as he is alleged to have made.
Counsel for the state consented to the admission of a statment conceding that McFarland was under arrest and held a prisoner in jail several days prior to his confession before the coroner, and that he was conveyed a prisoner in charge of an officer of law from the jail to the coroner's office.
The court ruled to admit McFarland's statement made before the coroner, and the shorthand repoter. Wheeler proceeded to read them, It is in substance identical with his confession made to Officers Malone and Kinney.
It is now definitely known that Prof. Haynes analysis of the bladder and kidneys did not reveal the presence of morphine or other poison and though at the time the NEWS report closed this had not been stated. Col. Lambertson informed the NEWS that such announcement would be made by counsel for the state sometime this afternoon in open court.
This car ainly will relieve Mrs. Sheedy from suspicion upon this serious score and absolve her from making any attempt to hasten his death by poison administered following the assault made upon him that memorable Sunday night, and confines the state to proving her complicity in conspiring with McFarland to bring about Sheedy's death as alleged in his confession.
The case will hereafter more intimately concern the negro, as, with the confession of the prosecution that no poison was given Sheedy, this portion of the trail will hereafter drop out of sight and be permantly relegated to the rear.
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Why will you cough when Shiloh's Cure will give immediate relief. Price 10c., 50c. and $ 1. Sold by Henry H. Barth, 229 O street.
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$ 500, 000 to loan on improved farms in Southeastern Nebraska. Call on or address M. M. De Levis, room 112 basement Richards block, Lincoln, Neb.
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W ANATED -----5,00 pigeons for the Nebraska state tournament ; will pay highest market price; apply at W. F. Cools & Co.'s gun store, 140 South 11th st.