207

TESTIMONY FOR MRS. SHEEDY
------
Dr. Hart Thinks Death Besulted from
Concussion of the Brain.

THEORY ABOUT MORRHINE POISONING.
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Legal Battle Over the Question of Ad-
mitting McFarland's Confession
as Evidence-- Victory for
the Defense.

Lincoln, Neb May 12---[Special to THE BEE]---The great Sheedy murder trail comenced in earnest this morning, the preceding seven day having been devoted to the empaneling of a jury. There was not as large a crowd in attendance this morning as was expected, for reason that the judge ordered the doors closed to prevent the passing in and out of persons during the examination of witnesess. Consequently many who came late left again on finding the doors locked.
At the usual hour Mrs. Sheedy was brought in by the sheriff and was attended
by her three sisters and wealthy uncle, Colonel Biggerstaff.
Monday McFarland, The negro who claims to be Mrs. Sheedy's tool, was brought in a few later by th jailer. The appearance of the prisoners as usual created considerable of a stir. Mrs. Sheedy wore the same hardened expression that has characterised her thus far, and throughout the day one would look in vain for a softening of stony face into an expression of any kind indicating kindness, sympathy, fear or regret. Had her face been carved out of marble her expression could not have been more immovable.
There was a general carning of necks when Dr. Hart, the first witness. was put on the stand. After the usual preliminary questions, the docctor related how he heard the shots when near Eleventh and P and hastened to the place. On reaching the Sheedy home he found the wounded man occupying a chair just inside the bedroom and attended by Dr. Everett. An examination of the wound was made. The wound was dressed. Before leaving Dr. Everett suggested that an opiate be given. Hart objected, becouse he had noticed on a previous occasion when called to attend Sheedy that opiates exerted an un-favorable effect upon him. The doctor then related how he secured sulphonal to give to the patient. The doctor then conitnued:
"Sheedy threw up the sulphonal. I left about 10:30. I left then to get a hypodermiq syringe. I got two quarter grain doeses of morphine at a drug store.
There are no narcotic effects in sulphonal. About the largest dose of sulphonal I ever administered was about forty grains. About sixty grain is the maximum dose and three to five grains the minimum. I returned to the Sheedy residence about 11 o'clock. Sheedy's condition was about the same. He was restless.
About 1 o'clock I prescribed a third dose of sulphonal for Mr. Sheedy. It was administered by Mrs. Sheedy. She gave it to him in a cup of coffee, put the drug in it and gave it to her husband. I was about six or eight feet away from Mrs. Sheedy when she administered the dose. I remained in the house until 8 o'clock
in the morning. I turned the lights down in Mr. Sheedy's room so that he could sleep. abd eat in the sitting room. Nothing was said about the shooting by either Mrs. Sheedy or myself. When I heard the shooting I was at the corner of Eleventh and P. I heard five shots. About 4 a. m. I noticed a peculiar breathing in the bedroom. Young Dennis Sheedy called my attention to it. I was dozing at the time.
I thought as first that it was a snore, but on listening discovered that it was labored breathing. I went and found that he was unconscious. He was breathing about five or six times to the minuts. Eighteen times per minute is the normal condition. His pulse was 140. A normal pluse is 75 to 80. His puplls were [?]
His body was paralyzed on both sides. His temperature was 100. The normal temperature is 98. My opinion was that there was a hemorrhage at the base of the brain caused by the blow.
The Sulphonal could have caused it, I gave him no morphine. I attempted to give him some whisky, but he could not swallow it as the muscles of the throat were paralzed. He could hear or see or feel. I remarked that symptoms indicated danger. I went after Dr. Everett who lived just across the way. Dr. Everett came over and made an examination. Neither of us could do anything for him. My belief is that the death of John Sheedy was caused by the effects of the blow on the head causing concussion. A number of physicians were called in. Their opinion of the case was same as my own. I recognized afterwards that there were symptoms which might be those of morphine, such as heavy breathing, profound slupor and paralysis pg the muscles.
There was no action of the kidneys or boweis characteristic of such poisoning.
To great extend the effects of morphine poisoning and concussion of the brain are similar. I was present at the autopay. I did not take part in it. It was not what I would call a critical examination. There was more fluid at the base of the brain than was normal. The serous fluid there was, in my opinion, caused by the blow received on the head. Neither the medulla nor upper portion of the medulla were examined. I saw no blood clots in the brain.
"Before Sheedy died I noticed dilation of the pupils This, In my mind, Indi-cated compression of the brain. The pressure at some nerve point evidently produced the paralysis. The pressure in this case was evidently produced by the
extra congestion of the blood and excess of serous fluid to protect the brain.
" When morphine is administered it generally begins to show its effects in about twenty minutes afterwards. If suffcient morphine were given to insure death it might all have been absorbed by the time of the autopsy. If an excessive dose was given it might not have been all absorbed.
Cross-examination: "If there is any morphine in the stomach unabsorbed at the time of death it ought to be there at the time of the autopay. About one grain of morphine ordinarlly will produce death. Sometimes one-fourth of a grain will produce fatal resuits. I got thirty grains of sulphonal put up in three doses. I gave the first dose about ten minutes to 10 o'clock, the second about an hour later. Neither remained on his stomach. The third dose was given by Mrs. Sheedy about 1 o'clock. It was given in about one-third of a cup of coffee. I don't remember of tasting the coffee. Sulphonal is tasteicse in coffee. Morphine is extremely bitter. When the coffee was given to Mr. Sheedy he did not complain of its being bitter.
I secured about half a grain of morphine at a drug store as a precaution in case of emergency, but did not use it.
"If a dose of morphine had been gives at 1 o'clock the effects would have been noticed by at least 3 o'clock. The symptoms would have been labored breathing and paralyasis of the muscles. I did not notice any symptoms of that kind until about 4 o'clock. I was dorning at the time and my attention was called to it by young Dennis Sheedy. Mrs. Sheedy appeared worried and asked me what was best to do.
" The sulphonal was taken from a bottle at the drug store properly labled. The powder was in distinct crystals. Morphine is entirely different in appearances. It is flaky. I saw the sulphonal and know that there was no morphine in it. Morphine affects the
nerve centers the same as a blow on the head. At the autopsy Dr. Casebeer took the brain out. I noticed no indication of hemorrhage. I noticed an excess of moisture. My belief is that morphine would have produced more fluid. A shock is laible to increase the pulse, the respiration and the temperature. Morphine produces the opposite effects. The effects characteristic of Sheedy were those of shock. Other organs of the body were examined. The heart was found in a state of fatty degeneration. The left side was particularly weak. This would lessen his charces for living after receiving a shock.
There was no rupture of the heart. There was not the power there to supply the blood.
In case of strain it might have produced death at any time. An unusually large gall stone was found in the gall balder. This had a tendency to clog up the liver. The kidneys were found in an enlarged state. The would have a tendency to weaken the system.
" The fatty degeneration of the heart and gall stones would produce a weaknss and lessening of vitulity that would make him liable to succumb to severe shock. In his condition he might have lived for years.
Any sudden excitemnt might have killed him. I did not take part in the autopsy
because of certain accusations made against me in connection with the case. I stood by, but offered no suggestions. The medulla should have been examined, but was not. I think it would have required about five grains of morphine to kill Mr. Sheedy. I would have given him about one-quarter of grain had I given him any. That is the largestt dose I ever give."
Redirect examination: " Had death resulted from the effect of the shock on the heart it would have been instanntaneous. I believe that death resulted from the effects of the blow."
Ex-Mayor R. B. Graham was the next witness called. He reiated the circumsatnces leading up to the confession of Monday Mc-Farland. Mr. Hall then said:
" Mr. Graham please relate the confession of Monday McFarland as you remember it. "
Opposing counsel, Weir, objected, declaring that the state had not shown that the confession was voluntary. He declared that the confession was secured by the mayor and policemen through threats and promises of immunity.
The court sustained the objection and decided that the prosecution would have to prove that there were no threats, coercion or other unfair means used to secure the confession before the confession could be aditted in testimony.
Attorney Strode then gathered up the type written copy of the testimony of the preliminary examination, and shaking it almost in Granam's face, demanded fercely if he had not told McFarlnd on the evening preceding the day of confession that it would be better for him to confess.
Strode apparently read this from the type written copy, but Lambertson discovered that Strode was merely makeing a bluff at reading the evidence and called Strode down.
Lamberstone insited that the answer as printed should be read and the court agreed with him. Strode then put the question as follows:
" Did you not say to McFarland that if there were other implicated in the crime with him it would be better for him to tell the whole story!"
To this Graham answered, " Yes."
Strode then asked Graham the following
questions:
"Did you not say to McFarland. ' Just be fair and square with us. The greater guilt fails to the person who instigated the crime.
If you wish to bear the brunt of the whole thing you can do so by keeping still I' "
After another wordy war the court rested.
In reply to a question put by Mr. Hall concerning that asked by Strode Mr. Graham replied:
" Mr. Dennis Sheedy put that question, and I said 'I think you should withdraw that question. It is possibly unfair, and we are not in a position to make any such proposition.' "
AFTERNOON SESSION.
At 2 o'clock the court room was packed. nearly half the spectators being ladies. Not only was the space outside the forum filled but also all the sitting and standing room was occupied clear up to the bar behind which Judge Field sat. The afternoon session was an intersting one, and probably the most important question of trail was considered, to wit: Whether or not the confession of Monday McFarland shoudl be admitted in evidence. A long and valiant legal battle was fought over this issue by the opposing counsel. It was noticeable,
however, that Mrs. Sheedy's attorneys did most of the fighting against the submission of that testimony, McFarland's attorneys merely supplementing their efforts.
Mayor Graham was asked by Mr. Hall of Monday McFarland had talked freely and willingly at the time of the confession or with reluctance. This was objected to, but was overruled. Graham answerd:
"He was free to talk. He approached Dennis Sheedy and asked to talk to him.
McFarland talked willingly"
At this juncture the defense moved that the witness be excused.
Then war declared. The defense asserted in healed manner that the confesion should not be allowed in evidence and cited numerous authorities to prove their proposition. The prosecution replied in kind and apparently gave as many resons and authorites why it should be admitted. Each alternately seemed to be sure of victory. The defense insisted that the court should hear all testimony pro and con in regard to the question of coerction or undue influence in regard to the securing of a confession before the confession was admitted.
The court finally ruled on favor of the defense and declared that this point should be settled first and ruled that unless the witness had something to say in regard to the manner in which the testimony was secured he would be excused. This produced a most pronounced stir among the auditors as they had expected that the sensational confession of McFarland was to be presented.
The defense, however, had gained one of the great victories of the trail and they looked happy.
Only a few more questions were asked Graham, and in reply to one of these the witness said:
" Before the cane was shown to Monday McFarland there were no threats made to him. Dennis Sheedy said that it would be very much to his advantage to mention the name of the man for whom this cane was purchased."
The witness was then excused and ex-Marshal Melick, who was present at the time of the confession, was called. Another legal aquabble followed, and Melick was excused without testifying.
Myron Wheeler, the shorthand reporter who was hid behind the curtain at the time of the cofession, and who took down in shorthand all the questions and
answers in connection with the confession, was put on the stand. The type-written re-production of Wheeler's notes, for which Storde casually remarked he had paod $ 40, were put into the witness' hand and he identified the copy as written by himself. He was asked by Strode to read certain questions leading up to the confession. He did so, and then the prosecution asked for the answers to the same, but Strode remarked:
" O, you fellows think you are cunning, but you don't get any of this confession to the jury if I can help it. "
A number of the first questions asked at the beginning of the confssion were read,
Strode stadning behind the witness and telling him what interrogatories he wished read.
To none of these the prosecution objected. Suddenly Strode plungod into the middle of the manuscript and had the followung questions read.
"Monday, I think you had better, for your own good, If you want to save your own life, show this thing up. You have told enough already now in this matter to satisfy us who killed him. Now, you can turn state's evidence and In alll probability they will let you off with your life: that is my opinion. It will undoubtedlly be much easier for you, anyhowm to associate the others that are more guilty than yourself in this matter."
To this Mr. Lamberston entered most serious objection as he, too, had a copy of the confession, and he declared before the court that the question referred to was not what it seemed, as already up to that point McFarland had given the greater portion of his confession. Strode looked beaten for a moment, but finally got command of himself and a lot debate followed which ended only when the judge finally adjouned court to take the matter under advisement.