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M'FARLAND'S MOUTH SEALED.

He Will Not Be Allowed to Tell His Story to the Jury.

ALL EVIDENCE IN THE SHEEDY CASE IN.

Testimony Offered in Rebuttal - State Witnesses Contradicted by the Defense - Ready for the Attorneys' Arguments.

Lincoln, Neb., May 22. -[Special to The Bee.]- At noon today J. E. Philpot, attorney for Monday McFarland, stated that a constitution was to be held as to whether or not Monday McFarland was to go on the witness stand. It was decided, however, not to put him on the stand. It is now believed that the negro's doom is sealed, and that Mrs. Sheedy will escape. Colonel Philpot has not yet answered the prosecution as to whether or not he would put his client on the stand in case immunity was granted.

The trial has been an expensive luxury to the county, as it has entailed the expenditure of over $10,000.

When court reconvened this morning L. C. Burr, an attorney, was put on the witness stand to disprove the testimony of Pawnbroker Goldwater, who claimed to have sold the cane to Monday McFarland. In his testimony Goldwater declared that he had made no arrangements concerning a reward. Butt claimed that Goldwater had come to him at one time and wanted to know what he could do to force the payment of the reward.

Ex-Captain Carder was then called. He proved a very irascible witness. Once he positively refused to answer a question and came very near being sent to jail for contempt of court. Carder identified the cane as the one formerly owned by him. On cross-examination he declared that the cane was identical in every way with the one he owned. He was asked if he had not in the Capital hotel informed Henry Hoagland that he was not sure the cane was his. The witness grew evasive and first replied: "I don't remember even meeting Hoagland at the Capital hotel."

"Didn't you then say something of that kind to Mr. Hoagland somewhere else?"

"I've answered that question once before," said the witness testify. "If you had any brains you would know that."

"We want to know, Mr. Carder," said Mr. Hall, "whether or not you made such a remark to Mr. Hogland or not?"

The witness said nothing and the court became aroused and told the witness to answer the question put by Mr. Hall. Carder then replied:

"I don't remember saying anything of the kind to Mr. Hoagland."

Carder was asked if he had not said something of the kind to Messrs. Dorgan and Heyers of the penitentiary.

The witness again commenced evasions, but finally declared that he did not remember saying anything of the kind to those gentlemen. The witness was asked if he identified the cane from the brass tack in the head of it. This was the time that Carder refused to reply. The court finally had to bring him to time by the threat of a fine or imprisonment. Carder then replied:

"Yes, sir; I identified the cane from the brass tacks in the head."

Jailer Barnes of the police station testified that he identified the cane just after it was found as one that formerly belonged to Carder. He recognized it from two indentations, or "scallops," as he termed them. The cane was then handed to Barnes and he pointed out four indentations. He was not sure which were the two he saw originally.

Mr. Strode, counsel for Mrs. SHeedy, remarked:

"It is probable that those extra scallops were put in by the attorneys on the part of the prosecution."

"You mean that they were put there by Monday McFarland," retorted Hall.

"Shorthand reporter, take that down!" shouted Strode.

"Yes, shorthand reporter, do it," said Lambertson, "and also put down what Mr. Strode said concerning the attorneys for the prosecution mutilating the cane."

Miss Fannie Warner testified that she had given Mr. and Mrs. Sheedy four dancing lessons about a year and a half ago. At that time Mr. and Mrs. Sheedy appeared very attentive and devoted to each other. Witness was at the Sheedy residence after Mr. Sheedy was hurt. Saw Mrs. Sheedy kneeling at the bedside of her husband. Her face was buried on the pillow. She exhibited signs of sorrow. Her sobs shook the bed.

Mrs. Kittie Melick, wife of the ex-marshal, was put on the stand. As she had been in constant attendance at the trial for five days, contrary to the rule of the court concerning witnesses being excluded, Mr. Hall objected to the witness testifying. Mr. Strode, attorney for Mrs. Sheedy said that he did not know until yesterday afternoon that Mrs. Melick would be a good witness for them. The judge then overruled Mr. Hall's objection and the witness went on the stand. Mrs. Melick merely testified, however, that She had been at the Sheedy residence nearly every day between the time that Sheedy was assaulted and the time that Mrs. Sheedy was arrested on the charge of murder and Mrs. Sheedy evinced evidences of grief whenever Mr. Sheedy's name was mentioned.

Court then adjourned until 2 p. m.

E. H. Andrus was the first witness called in the afternoon. He testified that he had seen Mr. and Mrs. Sheedy often at Cushman park and the conduct of Mrs. Sheedy was exemplary.

Mr. W. J. Marshal testified virtually to the same effect.

Captain W. W. Carder was recalled and was asked if he remembered telling officers Miller and Sipe that the cane found at the Sheedy residence was his, but afterwards told them that it was not. Carder denied making such statements.

T. B. Baker, a brother-in-law of Mrs. Sheedy, was called. He testified that he was at the Sheedy residence from the Tuesday to the Friday of the week that Sheedy died and was buried. He testified that he was at the Sheedy residence on Wednesday, the day that Mr. Oppenheimer came there with the power of attorney, but positively denied that Walstrom was there, the testimony of Oppenheimer to the contrary notwithstanding. He further declared that Oppenheimer was mistaken about the piano being open and that Mrs. Sheedy touched it gaily as she passed it. Witness was positive that the piano was shut. On being asked where the piano stood he first declared that it stood on the west side of the room, but later said that it stood on the south side of the room. Witness was in the parlor five minutes Saturday when Walstrom was there.

Mrs. Dean, a sister of Mrs. Sheedy was called. She declared that the piano was closed the entire week following the death of John Sheedy. The testimony of this witness was for the purpose of impeaching Attorney Oppenheimer's statement. She declared that the only time Harry Walstrom was at the house was on the Saturday following the burial when Oppenheimer stated that Walstrom was there. Witness though that Dennis Sheedy sent for Walstrom. Was not sure whether or not it was Mrs. Sheedy who sent for Walstrom.

Hyman Goldwater, the pawnbroker, was then called. Colonel Philpot, attorney for Monday McFarland, arose and declared that he proposed to impeach this witness, who had been put on the stand on behalf of the state.

Mr. Hall objected to the witness being put on the stand, declaring that the state had rested once and that the state witnesses could not be called back. Objection overruled. Strode asked:

"Didn't you say to Mr. L. C. Burr that you fixed the head of the cane, or you told your boy to fix the head of the cane?"

"No, sir; not such a word. I didn't say it," was the reply.

"Did you not on the same day at the office of L. C. Burr ask him if you couldn't sue for the money, and didn't you tell Burr that he needn't sue for the money for they had fixed it all or paid you; and didn't Burr then say to you, 'Mr. Goldwater you didn't have that cane in your store at all and didn't you say that makes no difference, I am entitled to my money, all of it!'"

"This is a great [?]; all of it," replied Goldwater.

L. C. Burr, the attorney, was put on the stand and asked if when Mr. Goldwater came to him he had not asked him whether or not he had fixed the head of the cane or his boy had fixed the cane. The witness answered:

"He told me that in [?]."

The question was then asked: "On the same day did Mr. Goldwater tell you that you needn't sue for the reward because it had all been fixed, and farther, didn't you say to him 'you didn't have that cane in you store.' or words to that effect; and didn't he say, 'that makes no difference, I'm after my reward,' or words to that effect?"

"Yes, sir, he told me that in substance," was the reply.

The other statement of Mr. Goldwater were also discredited by Mr. Burr.

Colonel Philpot then went on the witness stand. He put his own questions and then answered them. He testified that on the night following the arrest of McFarland Malone said concering the negro:

"He is in a desperate condition and may commite suicide before morning."

Marshal Melick was put on the stand and asked what reward was offered for the arrest and conviction of the murderers. Witness testified that a reward of $1,000 had been offered by Dennis Sheedy and Mrs. Sheedy for the arrest of the murderers. Later Mrs. Sheedy withdrew her offer. Witness continued: "Mr. Dennis Sheedy then offered $1,000 reward. I told Hom Malone of this. The reward was offered to me privately. I offered Hames Malone one-half of this in case of conviction. The second offer of reward was made after Mrs. Sheedy's arrest."

Mr. Strode, attorney for Mrs. Sheedy, then went on the witness stand and declared that on the night following McFarland's arrest Malone said to witness: "We kept him in the sweet box all night and we got the confession out of him this morning."

P. J. Stepney, a cousin of McFarland, was put on the witness stand. A cane mutilated to imitate the appearance of the cane found on the porch of the Sheedy residence was handed to the witness and he was asked meanwhile if that was not the same cane which he loaned to Monday McFarland last summer. Before he looked at the cane the witness answered:

"Yes sir."

The witness was aksed by Mr. Hall if the overcoat he had on was not the one he loaned to Monday McFarland the night of the murder of John Sheedy. Objected to and objextion sustained.

Coroner Holyoke was put on the witness stand and produced the cheek bone of John Sheedy. He testified that at the time of the autopsy the cheek bone was broken only at its point of articulation with the forehead.

The bone had to be pried out. He testified further that he took charge of the stomach and later sent it to Prf. Waughn of Chicago. Dennis Sheedy said that the county offered only $30. The stomach was put in a sealed jar in the back part of Brown's drug store. Almost anybody could have gotten at the jar.

Mr. Strode then announced that all the testimony on the part of the defense was in. The prosecution then declared that there was some evidence to be given rebuttal. The first witness was William bradeen.

Mr. Bradeen testified that on the evening Sheedy was assaulted William Gleason, the gambler whom the defense has endeavored to implicate in the murder, was in the club rooms over the Ivy Leaf Saloon from 7 until 8:30 o'clock.

Charles E. Alexander, police reporter on the State Journal testified that Captain Carder stated to him that he was unable to identify the cane. ( This was directly opposite the testimony of Carder).

Strode then asked: "Haven't you taken a deep interest in this trial?"

"I have taken a deep interest in this case only as a newspaper reporter," was Alexander's reply.

In reply to another question Alexander testified:

"Carder asked me not to say anything in the paper about his not being able to identify the cane."

Deputy Sheriff Hoagland was recalled, and testified positively that Captain Carder told him at the Capital hotel in the presence of Judge J. D. Wright that he was not sure that the cane was his.

Anson Fullington testified that he was in the club rooms over the Ivy Leaf saloon the night that Sheedy was assaulted. Mr. Gleason was there from 6 to 8 o'clock.

Sergeant Fred Miller testified that on the day following the time that the cane was found on the porch of the Sheedy residence Captain Carder informed witness that he couldn't identify the cane as his own.

Mr. Lambertson, attorney for the state, then offered an almanac in evidence to show that there was no moon on the night that Monday McFarland shot at John Sheedy, but in the face of which Mr. and Mrs. Hosman, who were thirty-five feet away, claimed that it was a white man who did the shooting.

Stearns objected to the almanac being presented. He said:

"There is not evidence that this almanac is a scientific work."

This remark caused a laugh and even the court had to smile. His honor paid no attention to the objection and the almanac went in.

Court adjourned.

More Irrigation Soh-mes.

Loup City, Neb., May [?]. -[Special Telegram to The Bee.]- The people of Loup City and Sherman county are feeling jubilant over the prospects of securing the construction of a canal thirteen miles lone, with a carrying capacity of 130 cubic feet per second, which will irrigate 15,000 acres of land. The canal terminated near the school house at Loup City and a dam is to be constructed across Dead Horse creek some nine hundred feet in length and it will be of such dimensions as to form a lake extending up Dead Horse creek about a mile. The estimate for building the dam alone is about $14,000. The appraisers have been at work this week adjusting the damages where it has been necessary to condemn the land for right of way. The damages are only $350 and will have to be raised to pay the amount of damages allowed by the appraisers is but little doubt but that dirt will be flying soon.

Superior High School Graduates.

Superior, Neb., May [?] -[Special to The Bee.]- Notwithstanding the inclemency of the weather the opera [?] was crowded to suffocation last evening [?] witness the fourth annual commencement of the Superior high school. In honor of the [?] the ladies of the city handsomely decorated the stage with flowers and feras [?]. these with choice oil painted [?] elegant curtains and mirrors, made the stage a palace of beauty. The graduation was comprised ten persons and all acquitted themselves excellent. The class was [-entifully?] remembered with flowers. The diplomas were presented by Rev. C. M. Shephard. The Superior high school has [-ned?] a high standard under the able direction of Prof. I. E. Wilson and the people of Superior are more than proud of the excellency attained by the graduating class of 1891.

General Van Wyek's Opinion.

Nebraska City, Neb., May 23. -[Special Telegram to The Bee]- General C. W. Van Wyek returned today from the Cincinnati convention suffering from hoarseness and a bad cold. He said it was a great meeting and the attendance was unusually large, there being some ulnery persons in attendance from Nebraska slope. Everything was harmonious and the [?] adopted seemed to meet with the heart approved of all. "I consider it the coming party." said the general. " I cannot tell who is the most favorable candidate for president; the time too far away. [?] might be the choice now and perhaps not [?] it two years from now. The prohibition [?] tried to get a plank in the platform, but they did not succeed. It is hard to tell now what party they will turn to next."