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MITTIMUS IN Not Bailable CASES
The State of Nebraska, Lancaster County.
To the Keeper of the Common Jail of said City of Lincoln
WHEREAS, Mary Sheedy has been arrested on a complaint in writing, signed and sworn to by S.M. Melick for murder of John Sheedy and has been brought before W. J. Houston, Police Judge of the City of Lincoln, in and for said County, on such charge, and the further hearing of said [?] having been continued to Jany 23rd 1891 [?]
In the name of the State of Nebraska, I therefore command you to recieve the said Mary Sheedy into your custody in the Jail of said City there to remain until said January 23rd 1891
Given under my hand this 20th day of January 1891 W J Houston Police Judge
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Mittimus in Not Bailable Cases
The State of Nebraska vs Mary Sheedy
Jany 20th 1891 Received this writ and the body of the within name Mary Sheedy and have confined her for safe keeping in the County Jail of Lancaster County Nebr. and now on this 23rd day of Jany 1981 I return this writ and the said Mary Sheedy into said Police Court Fees Committment 50¢ Return 25¢ 75¢ F.A. Miller Policeman and City Jailor
Clerk's Office District Court FILED
FEB 6 1891
E. R. Sizer Clerk Dist. Court.
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-: IN THE DISTRICT COURT IN AND FOR LANCASTER COUNTY NEBRASKA :
State of Nebraska,
-vs
Monday McFarland and Mary Sheedy.
The defendants Monday McFarland and Mary Sheedy objects to the panel of petit jurrors drawn for and during the February term, A.D. 1891, of the District Court of Lancaster County for the following reasons:
FIRST.-Because said panel of petit jurrors was not drawn twenty days before the first day of the trial term of the District Court for which it is sought to be used, as required by law; said panel having been drawn on the _____ day of April, 1891. Whereas said trial term commenced on the 9th day of February, A.D. 1891.
SECOND.-Because the county board of commissioners did not at their meeting in January or at any time thereafter, although necessary for the purpose of carrying out the provisions of the lae made for the selection of jurrors and jury panels for the use of District trial courts in Lancaster County Nebraska, make out a jury list consisting of one tenth of the legal voters of each town and precinct in said county as required by law.
THIRD.-Because there is no list names of persons eligible for jury service in the District Court of Lancaster County Nebraska, prepared by the county board of commissioners kept in the office of the county clerk from which the said county clerk could select or did select names to be placed in a box or wheel to be drawn out according to lae to make up the jurrors and jury panels now in use in said District Court in said county.
FOURTH.-Because the county board of commissioners have not prepared a list of persons consisting of one tenth of the legal voters of each town and precinct in Lancaster County Nebraska, from which the jurrors and jury panels now serving could be selected according to law.
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FIFTH.-Because the board of county commissioners did not revise their memoranda from which the individual members of said board supplied names from which to select jurrors and jury panels after April 6th, 1891, as required by law, but carelessly negligently and unlawfully, supplied the names of persons ineligible to serve as jurrors from the fact of having done jury service during the present February 1891 term.
SIXTH.-Because all of the said jury panel selected to commence service and which did commence service in the District Court of Lancaster County Nebraska on April 27th, 1891, are ineligible to serve as jurrors in the trial of said above named caused for the reason that a special panel has been selected and summoned out of which the jury to try said cause must be selected as provided by law.
Wherefore said defendants pray that said panel may be quashed.
Jas E Phelpott LW Billingsley for Monday McFarland [?] Judge Weir for Mary Sheedy.
