174

LOCAL NEWS.

THURSDAY

Governor Thayer will hear the petition for commutation of the sentences of First and Shepherd on Thursday, May 28.

B. R. Cowdry, ex-secretary of the state, was today appointed bank examiner in the place of A. P. Brink, who resigned to take the cashiership of a South Omaha bank. W. T. Garber, recently appointed, is an additional examiner to the original number of three, and the banking board is considering the appointment of a fifth.

Dr. Conway of Omaha was fired from the state electric medical society yesterday at Omaha because he had violated the ethics of the profession by extensive advertising. The offending doctor acknowledged that if it was a crime to advertise one's business, he was guilty. He unmercifully scored the doctors "who ran around after a reporter to get a personal, while he rode up in his cushioned carriage to the business office, and paid for his advertising like a little man."

The Defense Has Its Innings.

This morning the defense introduced two young men named Hitchcock and Curry upon the stand to prove that immediately following the shots fired by Sheedy, upon the evening of the assault, they saw two men running up Twelfth street from the vicinity of the Sheedy residence. They had evidently rehearsed the narrative they told on the stand, but not a sufficient number of times to agree, and under the severe cross examination of Counsel Hall, their transparent declarations were torn to tatters. They could give no reasonable description of the alleged fleeing men and were unable to tell where they went or what became of them after reaching the opera house, where it was claimed that they suddenly and very mysteriously disappeared.

Both of these young men hung their heads and kept their eyes fixed almost constantly upon the floor while giving their testimony, and their general bearing created anything but a favorable impression upon the spectators, and presumably upon the jury.

In addition to these "young men the defense dug up three or four willing witnesses, whose blas in favor of Mrs. Sheedy was made manifest by their eagerness to venture opinions favorable to her.

Yesterday Afternoon.

The most important witness of the state was the last one called. It was Mrs. P. H. Swift, who had by mistake been endorsed as P. H. Smith on the information. She was a most unwilling witness, and it leaked out that Attorney Strode had been talking to her about hte case, and trying to work on her friendship for Mrs. Sheedy. The effect of this conversation was very apparent on the witness, and it was with the greatest difficulty that an answer could be gotten out of her. In fact fot the first quarter of an hour she carefully avoided saying anything at all. Finally the court got disgusted and allowed Mr. Lambertson to ask the witness leading questions. Even then the witness attempted evasion, but finally some startling things were revealed by her.

Mrs. Sheedy looked intensely interested, and as usual with her, moved close up to the witness, and prompted her attorney in cross-examination. The witness testified:

"I was in the habit of visiting Mrs. Sheedy some five or six months before Mr. Sheedy died; she did not speak of him well as a wife should who loved her husband; she said he was so jealous of her and would not let her do as she wished; she told me last November that he had threatened to kill her with a revolver; she told me this was the result of a quarrel over a relative; when she complained to me I laughed and told her that I had heard that she had lost a ring and that her husband had got angry and charged her with having given it away; she said that this was not what she referred to; at another time she said she had the clues awful bad because Mr. Sheedy was so jealous of her she couldn't enjoy herself at all; I said to her you do not know how well fixed you are; you have everything you wish; she said: 'Give me a laboring man who gets his wages every day instead of a man like Sheedy.'"

Mr. Lambertson asked the witness at this juncture what Mrs. Sheedy had said in regard to bearing children.

Mrs. Sheedy's eyes twinkled maliciously at this and she flashed a threatening look at the witness. Nevertheless Mrs. Swift continued:

"She told me once that she would give anything if she told me she was enclente and didn't intend to have it. She told me afterwards that she used something to get rid of having the child, and at the time was all right. She said that her reason for doing so was because her husband was mean to her at that time. She told me that she had fixed to leave him at one time. This was along in the first of November. One day when I went to the Sheedy residence I had some trouble in Sheedy residence I had some trouble in bringing anybody to the door. Finally the servant girl came and I asked to see Mrs. Sheedy. After she came out of bed room; but returned there shortly afterward."

The inference drawn by the audience was that McFarland was in the room, but this was not brought out by the prosecution, the witness being usable to see in the room.

Witness said: "Was there one the day Mr. Sheedy died. She told me that Mr. Sheedy could not live; I told her that hot water and mustard plasters would help him. She said that it was useless to give him anything.

There was fun when the cross-examination began, Mrs. Sheedy prompted Mr. Strode as to what questions to ask, the intention being to make it appear that the witness and Sheedy were particular friends. The first question fired at the witness was:

"What was your name when you lived at York?"

"Miss Lucy Bell," was the reply.

"What was it at Plattsmouth?"

"Mrs. Johnston, I went there to live after I was married.

"What is your name now?"

[?]

"Where you divorced from Johnson?"

"No sir."

Strode then jumped up and demanded:

"Why weren't you?"

"Mr. Johnson died," was the quiet reply.

Strode looked annoyed, the crowd laughed and Mrs. Sheedy bent forward and whispered something again to Strode's ear. The attorney thundered out:

"How many times did you drink wine and beer with Mr. Sheedy?"

"Only once" was the reply, "and Mrs. Sheedy was present. Every time I went to Sheedy's however, Mrs. Sheedy offered me wine."

"How many times did Mr. Sheedy take you home?"

"Only once alone. At all other times Mrs. Sheedy went along."

"Didn't sheedy send you a present on Christmas?"

"No, sir. Mrs. SHeedy made a present to me Christmas of three pairs of stockings. If they were from Sheedy, I did not know it."

Lambertson then asked the witness concerning what Strode said to her at noon. She replied:

"Strode said, 'I thought you were a friend of Mrs. Sheedy's.' He said that the evidence I would give was very important and was the only one that would convict her. While Mrs. Sheedy was away Mrs. Dean kept house for Sheedy. Strode insisted that I should tell him all I knew of the case, and I did so."

Just before adjournment Mr. Hall, counsel for the prosecution, as foreshadowed by the News yesterday, arose and stated that an examination had been made of the stomach and bladder, but no traces of morphine were found by the experts, Mr. Hall, however, offered a number of standard medical works in evidence to prove that too long a time had elapsed for any morphine to be found in those organs.

The things that Strode said to her to prejudice her for the defense were detailed at length. Witness further testified that Mrs. Sheedy said to her shortly before the assault:

"Someone is after Mr. Sheedy who will kill him and they will get him yet."

The appraisement of the property of John Sheedy at $57,483.30 was next offered in evidence.

This Morning.

Lew Franklin called: Was a friend of Sheedy; saw Mrs. SHeedy, shook hands, and she said that she did not think Sheedy would recover, but hoped he would; tried to arouse him by calling him dear and other tender names, I stayed there about ten minutes; I was at Sheedy's house when Sheedy was stabbed, and thought that Mrs. Sheedy showed a great solicitude for his appearance, and wished to take care of him herself as she thought she could attend him and prevent the wound leaving a scar; do not remember how long he was sick, but I was there four or five times; I called on him simply because he was a friend of mine; I generally called on him on Sunday morning about 9 o'clock; have visited him frequently during the last six or eight years; last visit to Mr. Sheedy before his death was about the time of, or before, the state fair, during the races; saw Mrs. Sheedy at that time; this time I did not call on Sunday, but during the week, and it was about three or four o'clock in the afternoon; John was not there at this visit; I called to tell Mrs. Sheedy that Sheedy was a winner, as Sheedy had told me that if he won the race he would give his winnings to his wife. This was in the month of June, 1900, I think; It was not during the race at the state fair; think it was during the fair that I called at Sheedy's house. I regarded Sheedy as a stout, nale and rugged man. Excused.

Wilmer Mayes called. Have lived in Lincoln about seven years, and knew John Sheedy well.. I remember the evening that the assault was made upon Sheedy. I was standing at the stove in the hotel; heard a shot fired and ran out to see what occasioned the shooting; saw a man run out the back way and disappear toward the alley; one of the men would weigh about 190 pounds.

Cross examined - One of the men I saw might have been a policeman; could not tell the color of either of the men I saw.

A Hitchcock called: Live at corner of Fifteenth and Vine; have resided here about seventeen years; the night of the assault upon Sheedy myself and another young man were standing on Thirteenth street; heard the shooting and started up O street. We saw two men run up the alley back on the opera house running up Twelfth street. They were running rapidly I cannot state whether or not the fleeing men wore overcoats. Myself and companion went down to the Sheedy residence.

Cross examination - I am 19 years of age, and drive team; started from home, at Fifteenth and Vine, for church; went to Red Ribbon hall, but before entering the door we decided not to attend the meeting, and concluded to go to the Methodist church, but lingered around the Sheedy residence so long that we arrived too late to attend services, the audience have been dismissed before we got there; told attorneys for the defense of what I know about these men for the first time this morning.

The evidence of this witness was given with eyes case on the floor and is a low monotone that rendered it quite difficult to understand him.

Geo. Corry - Am 17 years of age and live at the corner of Twelfth and T streets; I was at the Sheedy residence the evening of the assault upon John SHeedy; I saw two men running away from the housel they were in the middle of the street, and running as fast as they could; they ran southwest and disappeared passing the opera house stairs.

Cross-examination - There were no policemen there when we arrived; we walked right inside the yard and looked into the parlor; saw a man and some things inside; the patrol wagon drove up about a minute after we arrived; think I saw Officer Malone; Corry swore with great positiveness that church, was not over when they arrived at the church office, but that the audience was still attendance upon the services, while Hitchcock, who had just preceded him upon the stand swore that equal positiveness that when they arrived the congregation had been dismissed and was leaving the church.

Clara Hatch called: Reside northeast corner of Eleventh and p. Knew Mr. and Mrs. Sheedy well and visited their residence quite often. Have known them about nine years, I was there about four weeks before the assault upon him. My opinion was that they always thought a great deal of one another. They appeared affectionate. I was at the house about 8 o'clock the evening Sheedy was hit, while I was there she was kneeling at the bed side. Her right arm was under the pillow upon which his head rested, and with the other she caressed his face, and called in ones of agonizing distress "John! Can't you speak to me. Don't you know me!" Her eyes were filled with tears and she wept perceptibly. Her manner implied that she was heartbroken.

Cross-examination - I am the wife of Dory Batch; cannot say whether or not my husband has been assisting Mrs. Sheedy in making a defense in this case; became acquainted with Mr. and Mrs. Sheedy nine years ago, and we have been more or less intimate ever since; the afternoon preceding the assault upon Sheedy I called at the house and remained about an hour; Mrs. Sheedy did not tell me why she went to Buffalo always thought Mr. and Mrs. Sheedy lived happily together; can't explain why he neglected to meet Mrs. Sheedy at the train upon her return from Buffalo; thought this singular, because Sheedy called at our house the day before and expressed pleasure at her prospective return the next day.

C. C. Carpenter called: 'Knew Sheedy and was at his house the evening he was assaulted; was there several times; Mrs. Sheedy was flying around attending to her husband and supplying the doctors with water, towels, etc; I was in the house until about 11 o'clock; she was weeping and acting about as any woman would under the circumstances; she had her handkerchief to her eyes and wept copiously; I was there after Sheedy's death; Mrs. Sheedy was apparently feeling worse that before his death; I attended the funeral; I did not see Mrs. Sheedy's face at the funeral, because she wore a heavy mourning veil; saw her after the funeral and she was still weeping.

Cross examination - Have known Mrs. Sheedy about six years. I was at the house about 4 o'clock when he died. Have always been friendly to the Sheedys. I have performed errands for Mrs. Sheedy.

"What was the character of these errands?" Objected to and ruled out.

"Did you ever make a remark in your saloon soon after the assault upon Sheedy, that you had been expecting something of that kind for sometime."

"I don't recollect having made any such remark and don't think I did."

A. W. Carder called and testified: Knew Sheedy for sixteen years, and was in his employ previous to his death for the purpose of watching a couple of men whom he suspected of lying for him.

Adjourned for dinner.

This Afternoon.

When court had convened after dinner Counsel Hall, in a clean cut and logical argument, presented his reason to the court to show why Carder should not be allowed to rehearse to the jury any conversation witness may have had with Sheedy relative to whom Sheedy suspected of having made the assault upon him. Mr. Hall maintained that had the blow not have resulted fatally and sheedy had have lived, he would not have been permitted to go upon the stand in any court and testify as to whom he suspected. If Sheedy could not have done this, Carder certainly could not.

The objection was overruled and Carder resumed the stand and testified as follows:

I saw Sheedy after he was hurt. I asked him whom he suspected. He said 'the big man of the two.' The big man he referred to was Gleason. The little man was Frank Williams. I had no further conversation with Sheedy that night. One of the men left for Denver a few weeks ago. The other is still in the city, and resides here. I saw Mrs. Sheedy that night. She said I would be well paid if I could find out who it was attacked John. I did not pay much attention to her manner. I stopped at the house the next morning; saw Mrs. Sheedy at the bedside of her husband; the priest was there; Mrs. Sheedy was on her knees, praying and manifesting great emotion; she appeared awful sorry about John;s condition; was employed three weeks before to watch Gleason and Williams, who he said he feared would slug him.

Counsel Frank Hall took Carder in hand, and created general mirth by abruptly putting in rapid succession the following questions:

"Did you watch?"

"I did."

"Did they kill him?"

"I don't know."

"Don't you know that both these men are now in the city?"

"No."

"How do you know Williams is in Denver!"

"I was told so by the gamblers."

"Did you not testify before the coroner's jury that Sheedy believed it was Williams who stuck him?"

"I did not say it positively. I said I could prove where Williams was that night."

"I do not know whether Williams or Gleason were at Sheedy's the evening he was struck. I have tried to find out."

"Now, Mr. Carder, will you swear that you did not tell Mrs. Sheedy the next day that you believed she had a hand in the killing of her husband?"

Excitedly, "No sir."

"Didn't you meet Will Baird in the back yard and tell him that you had accused Mrs. Sheedy of the murder of John SHeedy?"

Angirly, "No sir, I did not. I didn't meet Baird there and never said such a thing to him."

I never saw Gleason around Sheedy's residence; watched him over three weeks; saw Frank Williams coming out of Lindsey's saloon after leaving Sheedy's, I then began to look for Gleason, but did not find him; have not been looking for him ever since. Excused.

Mrs. Anna Hosman was summoned next, and testified: I knew John Sheedy by sight, and remember the assault; my husband and myself were near the Sheedy residence one night about 10 o'clock a month prior to the attack made upon Sheedy last February; while we were passing the Sheedy residence, I saw a rather small man, with a mustache raise up in the yard and fire a shot at Sheedy; he then ran away; I was about twenty feet away from him and as near as I could tell, he was a white man.

All About a Horse.

J. Westcott filed a suit in Judge Foxworthy's court yesterday afternoon in which he set forth that he was entitled to the immediate possession of a horse then in the possession of William and Al Frost, and he wanted his rights enforced. Constable Kaufman, armed with the