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833-C-165 THE STATE OF NEBRASKA VS MONDAY McFARLAND
AND MARY SHEEDY.

cause to be administered, to the said John Sheedy, in a manner unknown to the County Attorney, a large quantity of a certain deadly poison called morphine, to-wit: four grains of said morphine, with the intent then and thereby of him, the said Monday McFarland, and of her the said Mary Sheedy, him, the said John Sheedy, unlawfully, feloniously, purposely maliciously and of their deliberate and premeditated malice, and of the deliberate and premeditated malice of each of them, tokill and murder; and by reason of said mortal wound as aforesaid given, and of said deadly poison so administered, and caused to be administered as aforesaid, by said Monday McFarland and Mary Sheedy, in the prosecution and carrying out of said conspiracy, the said John Sheedy became mortally wounded and mortally sick and distempered in his body and of said mortal wound and moral sickness from the said 11th day of January, 1891, until the 12th. day of January, 1891, in said City, County and State did languish and languishing did live, on which said 12th day of January, 1891, in the City County and State aforesaid, he the said John Sheedy of the mortal wound so recieved as aforesaid, and of the poison go administered, and caused to be administered as aforesaid, and the mortal sickness and distemper thereby occasioned, did die. And so the County Attorney aforesaid presents and shows to the Court that the said Monday McFarland and Mary Sheedy, him, the said John Sheedy, in the manner aforesaid, unlawfully purposely and of their deliberate and premeditated malice, did kill and murder, contrary to the form of the statute in such case made and provided, and against the peace and dignity of the State of Nebraska.

Second Count.
The County Attorney by the authority aforesaid farther shows by another and second count: That on and prior to the 11th day of January 1891, said Mary Sheedy and Monday McFarland in the City of Lincoln in Lancaster County, State of Nebraska, unlawfully, feloniously, purposely, wickedly and maliciously did conspire, combine, confederate and agree together unlawfully, knowingly, purposely and feloniously, and of the deliberate and premeditated malice of each of them, to kill and murder said John Sheedy.

That in the prosecution thereof and to accomplish the ends of said conspiracy, the said Mary Sheedy and Monday McFarland on or about the 11th day of January, 1891, in the City of Lincoln, County of Lancaster and State of Nebraska, in and upon said John Sheedy, then and there being unlawfully, purposely and feloniously, and of their deliverate and premeditated malice, and of the deliberate and premeditated malice of each of them, did make an assault, with the intent, him, the said John Sheedy, unlawfully, purposely and feloniously, and of their deliberate and premeditated malice and of the deliberate and premeditated malice of each of them, to kill and murder, and that the said Monday McFarland and Mary Sheedy with a certain steel or iron rod wound with leather and commonly called a cane, which he, the said Monday McFarland then and there had and held in both hands, the said John Sheedy, then and there unlawfully, purposely and feloniously, and of their deliberate and premeditated malice of each of them, did strike and wound, with the intent aforesaid, thereby, then and there, with the iron or steel rod wound with leather and commonly called a cane aforesaid, by the stroke afores-

833-C-165 THE STATE OF NEBRASKA VS MONDAY McFARLAND
AND MARY SHEEDY.

cause to be administered, to the said John Sheedy, in a manner unknown to the County Attorney, a large quantity of a certain deadly poison called morphine, to-wit: four grains of said morphine, with the intent then and thereby of him, the said Monday McFarland, and of her the said Mary Sheedy, him, the said John Sheedy, unlawfully, feloniously, purposely maliciously and of their deliberate and premeditated malice, and of the deliberate and premeditated malice of each of them, tokill and murder; and by reason of said mortal wound as aforesaid given, and of said deadly poison so administered, and caused to be administered as aforesaid, by said Monday McFarland and Mary Sheedy, in the prosecution and carrying out of said conspiracy, the said John Sheedy became mortally wounded and mortally sick and distempered in his body and of said mortal wound and moral sickness from the said 11th day of January, 1891, until the 12th. day of January, 1891, in said City, County and State did languish and languishing did live, on which said 12th day of January, 1891, in the City County and State aforesaid, he the said John Sheedy of the mortal wound so recieved as aforesaid, and of the poison go administered, and caused to be administered as aforesaid, and the mortal sickness and distemper thereby occasioned, did die. And so the County Attorney aforesaid presents and shows to the Court that the said Monday McFarland and Mary Sheedy, him, the said John Sheedy, in the manner aforesaid, unlawfully purposely and of their deliberate and premeditated malice, did kill and murder, contrary to the form of the statute in such case made and provided, and against the peace and dignity of the State of Nebraska.

Second Count.
The County Attorney by the authority aforesaid farther shows by another and second count: That on and prior to the 11th day of January 1891, said Mary Sheedy and Monday McFarland in the City of Lincoln in Lancaster County, State of Nebraska, unlawfully, feloniously, purposely, wickedly and maliciously did conspire, combine, confederate and agree together unlawfully, knowingly, purposely and feloniously, and of the deliberate and premeditated malice of each of them, to kill and murder said John Sheedy.

That in the prosecution thereof and to accomplish the ends of said conspiracy, the said Mary Sheedy and Monday McFarland on or about the 11th day of January, 1891, in the City of Lincoln, County of Lancaster and State of Nebraska, in and upon said John Sheedy, then and there being unlawfully, purposely and feloniously, and of their deliverate and premeditated malice, and of the deliberate and premeditated malice of each of them, did make an assault, with the intent, him, the said John Sheedy, unlawfully, purposely and feloniously, and of their deliberate and premeditated malice and of the deliberate and premeditated malice of each of them, to kill and murder, and that the said Monday McFarland and Mary Sheedy with a certain steel or iron rod wound with leather and commonly called a cane, which he, the said Monday McFarland then and there had and held in both hands, the said John Sheedy, then and there unlawfully, purposely and feloniously, and of their deliberate and premeditated malice of each of them, did strike and wound, with the intent aforesaid, thereby, then and there, with the iron or steel rod wound with leather and commonly called a cane aforesaid, by the stroke afores-