Gilded Age Legal Documents

-: IN THE DISTRICT COURT IN AND FOR LANCASTER COUNTY NEBRASKA:

State of Nebraska,

-vs

Monday McFarland and Mary Sheedy.

State of Nebraska [?] being first duly sworn on oath says that he has made a thorough examination of the records and files in the County Clerk's office pertaining to a list of the names of one tenth of the legal coters in the towns and precincts in Lancaster County Nebraska, from which jurrors and jury panels have been made up and selected and can find no luch list, and from information and belief states the fact to be that no such list has ever been prepared by the county board of commissioners and that no such list of names is kept or in the possession of said county clerk from which the present jury panel was made up, and that no such list of names of persons has ever been in his possession officially from which the present jury panel called for service April 27th 1891 was made up and selected. Affiant further states from information and belief that the names furnished the county clerk by the county board of commissioners from which the present jurrors and jury panels were name up and selected, was furnished said clerk by the individual members of said county baord of commissioners from private memoranda, the said names being supplied in part by each one of said commissioners, and that many of the names so supplied were names of persons who just finished serving on the jury during present term of the District Court now being held in and for Lancaster County Nebraska.

State of Nebraska, Lancester County,

[Dr?] [Dr?] of lauful age being

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IN THE DISTRICT COURT OF LANCASTER COUNTY, NEBRASKA.

State of Nebraska ) vs ) Murder. Monday McFarland and Mary Sheedy.)

Come now said defendants and protest against the further appearance in this cause of G.M. Lambertson and F.M. Hall; and now moves the court to explude them, and each of them, from further appearance in said cause, and asks the court to make an order herein prohibiting said consel from taking further action or part in said trials, for the following reasons, to wit:

First--For the reason that neither of said counsel have been appointed by the court to assist the county attorney as required by law.

Second--For the reason that it has been shown that each and both of said counsel have been employed by private parties to persecute this action on the part of the state and are to receive fees from said private parties for the same.

Third--For the reason that the defendants have been prejudiced in their defense by the appearance and prosecution of said counsel, all of which is contrary to and against public policy as well as the law.

Fourth--For the reason that neither of said counsel are duly elected, qualified and acting County Attorney for said Lancaster County.

This motion supported by affidavit of Lorenzy W. Billingsley, filed herowith.

Monday McFarland & Mary Sheedym By J.B. Strode, R.D. Stearns, J.E. Philpott, I.W. Billinsgsley and W.H. Woodward,

Their Attorneys.

State of Nebraska Lancaster County

State of Nebraska vs Monday McFarland and Mary Sheedy

Lorenzo W. Billingsley, being first duly sworn, on oath says That he had a conversation with one G.M. Lamberstson, who appears as counsel and attorney for the State of Nebraska in the above entitled cause, on Sunday, the 17th day of May, 1891, where said Lambertson stated to this affiant that he was employed in said action on the part of the State by F.M. Hall, one of the counsel for the State on the part of Dennis Sheedy and other heirs of John Sheedy, deceased. That he had no stipulated or agreed fee, with said Hall, for his servies, but that he expected to be paid a fair and reasonable fee for his services rendered therein. That said Hall is employed as counsel and attorney by Dennis Sheedy, one of the heirs of John Sheedy, deceased: and further affiant says not.

Lorenzy W. Billingsley

Subscribed in my presence and sworn to before me this 25 day of May, 1891.

M L [Donaldson?] Notary Public.