Page 35

833-C-I65
THE STATE OF NEBRASKA VS MONDAY McFARLAND
AND MARY SHEEDY.

found in many different ways, If you find both of the defendants not
guilty, then your verdict should simply be a general verdict finding
the defendants not guilty as charged in the Information. If you should
find one of the defendants guilty and the other one not guilty, then
your verdict should be a general verdict of not guilty as charged in
the information as to the one, naming him or her, and guilty, as to the
other, naming the person so found guilty. If you should find either one
or both of the defendants guilty, then you should further find and set
out in your verdict, upon what count or counts you find such defendant
or defendants guilty, and should also determine and state in your verdict
as to whether you find such defendant or defendants guilty of murder
in the first degree, or murder in the second degree, or of manslaughter.
Before you can find the defendant Mary Sheedy guilty of aiding and
abetting as charged in the Third Count, or Monday McFarland guilty of
aiding and abetting as charged in the Fourth Count, you would first
have to find the principals in said crime guilty as charged in said
Counts, that is, before you could find that Mary Sheedy was guilty of
aiding and abetting Monday McFarland as charged in the Third Count
you would have to find that Monday McFarland committed the crime as
principal as alleged in said Third Count and in the fourth count before
you could find Monday McFarland guilty of aiding and abetting Mary
Sheedy as charged in said Fourth Count, you would first have to find that
Mary Sheedy was guilty as principal as charge in said Fourth Count.
If you believe from the evidence that the defendants or either of them
are guilty upon only one count in the Information, then you should state
in your verdict, what count you so find them guilty on, and if you find
either one or both of them guilty as charged in more than one count,
then you should state in your verdict and name the different counts
upon which you find the defendants or either of them guilty.
G I V E N:

T W E N T Y - S E V E N T H:
Gentlemen of the Jury, This case is now about to be submitted to you
for final determination, you will retire to your Jury room and there,
after having carefully considered all the evidence that has been offered
in this case, and the instructions as given to you, render such a
verdict as under your oaths as Jurors and your obligations to society
you believe to be just and proper as it concerns these two defendants.
G I V E N:

E N D O R S E D: The State of Nebraska vs Monday McFarland and Mary
Sheedy. --- Charge of the Court--Given-- Clerk's Office, District Court,
Filed May 28 1891. E R Sizer, Clerk Dist Court.

JOURNAL ENTRY

That on the 28th day of May 1891, (that being the 93rd day of the
February a d 1891 term of said Court,) were had and done the following
proceedings herein as appears upon Court Journal "W" at Page 84,
to-wit:

833-C-I65
THE STATE OF NEBRASKA VS MONDAY McFARLAND
AND MARY SHEEDY.

found in many different ways, If you find both of the defendants not
guilty, then your verdict should simply be a general verdict finding
the defendants not guilty as charged in the Information. If you should
find one of the defendants guilty and the other one not guilty, then
your verdict should be a general verdict of not guilty as charged in
the information as to the one, naming him or her, and guilty, as to the
other, naming the person so found guilty. If you should find either one
or both of the defendants guilty, then you should further find and set
out in your verdict, upon what count or counts you find such defendant
or defendants guilty, and should also determine and state in your verdict
as to whether you find such defendant or defendants guilty of murder
in the first degree, or murder in the second degree, or of manslaughter.
Before you can find the defendant Mary Sheedy guilty of aiding and
abetting as charged in the Third Count, or Monday McFarland guilty of
aiding and abetting as charged in the Fourth Count, you would first
have to find the principals in said crime guilty as charged in said
Counts, that is, before you could find that Mary Sheedy was guilty of
aiding and abetting Monday McFarland as charged in the Third Count
you would have to find that Monday McFarland committed the crime as
principal as alleged in said Third Count and in the fourth count before
you could find Monday McFarland guilty of aiding and abetting Mary
Sheedy as charged in said Fourth Count, you would first have to find that
Mary Sheedy was guilty as principal as charge in said Fourth Count.
If you believe from the evidence that the defendants or either of them
are guilty upon only one count in the Information, then you should state
in your verdict, what count you so find them guilty on, and if you find
either one or both of them guilty as charged in more than one count,
then you should state in your verdict and name the different counts
upon which you find the defendants or either of them guilty.
G I V E N:

T W E N T Y - S E V E N T H:
Gentlemen of the Jury, This case is now about to be submitted to you
for final determination, you will retire to your Jury room and there,
after having carefully considered all the evidence that has been offered
in this case, and the instructions as given to you, render such a
verdict as under your oaths as Jurors and your obligations to society
you believe to be just and proper as it concerns these two defendants.
G I V E N:

E N D O R S E D: The State of Nebraska vs Monday McFarland and Mary
Sheedy. --- Charge of the Court--Given-- Clerk's Office, District Court,
Filed May 28 1891. E R Sizer, Clerk Dist Court.

JOURNAL ENTRY

That on the 28th day of May 1891, (that being the 93rd day of the
February a d 1891 term of said Court,) were had and done the following
proceedings herein as appears upon Court Journal "W" at Page 84,
to-wit: