Gilded Age Legal Documents

833-C165 THE STATE OF NEBRASKA VS MONDAY McFARLAND AND MARY SHEEDY

INFORMATION

The State of nebraska,) In the District Court of the Second Judicial District Lancaster County.) ss: of Nebraska in and for Lancaster County

The State of Nebraska)

-vs- Information.

Monday McFarland and Mary Sheedy.

Be it remembered that Novia Z. Shell, County Attorney in and for Lancaster County and in the name and by the authority of the State of Nebraska, who prosecutes in the name and by t he authority of the State of Nebraska, comes here in person into Court at this the February term, A.D. 1891 thereof, and for the State of Nebraska gives the Court to understand and be informed that one Monday McFarland and Mary Sheedy, late of the County aforesaid on and prior the 11th day of January, A.D. 1891 in the City of Lincoln, in the County of Lancaster and the State of Nebraska aforesaid, unlawfully, feloniously, purposely, wickedly and maliciously did conspire, combine, confederate and agree together, unlawfully, knowlingly purposely and feloniously, and of the deliberate and premeditated malice of each of them to kill and murder one John Sheedy.

That in the prosecution thereof and to accomplish the ends of said conspiracy, the said Monday McFarland and Mary Sheedy on or about the said 11th day of January, 1891, in said City, County and State, in andupon said John Sheedy, then and there being, unlawfully, purposely and feloniously, and of their deliberate 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 of their deliberate and premiditated malice, and of the deliberate and premeditated malice ofeach of them, to kill and murder, and that the said Monday McFarland, and Mary Sheedy, with a certain steel oriron rod wound will leather and commonly called a cane, which he, the said Monday McFarland, then and there had and held in both his hands, the said John Sheedy in and upon the head of him, the said John Sheedy, then and there, unlawfully purposely and feloniously and of their deliberate and premeditated malice, and of the 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 aforesaid, in the manner aforesaid, in and upon the head of him, the said John Sheedy, giving to him, the said John Sheedy, one mortal wound of the length of three inches and of the depth of one inch.

That afterwards, to-wit: on or about the 11th day of January, 1891, in the farther prosecution and carrying out of said conspiracy to kill and murder said John Sheedy, the said Monday McFarland and Mary Sheedy, then and there, unlawfully, purposely and feloniously, contriving and intending to deprive the said John Sheedy of his life, and to kill and murder him, the said Mary Sheedy, unlawfully, knowingly, purposely and feloniously and of deliberate and premeditated malice, did administer, and

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

The custody of the Sheriff, attended by their counsel, respectively, and the County Attorney now on behalf of the State of Nebraska, and the said defendants by their counsel respectively, each announcing themselves ready to proceed with the trial of this cause, the Court orders the Clerk to call the names of the persons composing the Jury, heretofore impanelled and sworn herein, and thereupon came the said Jury in the charge of Eli Bates, the special bailiff, in whose charge they were left at the adjournment of this Court of yesterday, and each of them responds to his name, as the same is called by the Clerk and takes his seat in the Jury Box.

And thereupon the trial of this cause proceeded, and the further testimony of witnesses being adduced in part only, and the hour of adjournment being at hand, the said Jury are duly admonished by the Court, and placed in the charge of W B Taylor, a bailiff of this Court, having been specificall sworn to take charge of said Jury and bring them into Court to-morrow morning at 9 o'clock, to which time further proceedings in this case are continued.

JOURNAL ENTRY

That on the 14th day of May 1891, (that being the 81st day of the February A.D. 1891 term of said Court,) were had and done the following proceedings herein as appears upon Court Jouornal "V" at Page 647, to-wit

The State of Nebraska 833-C165 -vs- Infromation for Murder in the First Degree and Accessories Monday McFarland and thereto before the Fact. Mary Sheedy.

Now on this day again came the County Attorney on behalf of the State of Nebraska, and the said defendants were brought into Court in the custody of the Sheriff, attended by their counsel, respectively, and the County Attorney now on behalf of the State of Nebraska, and the said defendants by their counsel respectively, each announcing themselves ready to proceed with the trial of this cause, the Court orders the Clerk to call the names of the persons composing the Jury heretofore impanelled and sworn herein, and thereupon came the said Jury in the charge of W B Taylor, the special bailiff in whose charge they were left at the adjournment of this Court of yesterday, and each of them responds to his name, as the same is called by the Clerk, and takes his seata in the Jury Box.

And thereupon the trial of this cause proceeded, and the further testimony of witnesses being adduced in part only, and the hour of adjournment being at hand, the said Jury are duly admonished by the Court and placed in the charge of Eli Bates, a bailiff of this Court, having been specially sworn to take charge of said Jury and bring them into Court to-morrow morning at 9 o'clock, to which time further proceedings in this case are continued.

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

AFFIDAVIT In the District Court of the Third Judicial District of the State of Nebraska, in and for Lancaster county.

The State of Nebraska

-vs

Monday McFarland and Mary Sheedy

The State of Nebraska,) Lancaster County.) ss: PH Swift, on his oath says that he is the husband of Mrs Patrick Swift, the witness in this case, that he is acquainted with Jesse B Strode, one of the attorneys for the defense, that he had a conversation with the said Strode in this City, about the time of the preliminary examination in this case; that the conversation was after Mrs Swift had been subpoened as a witness on the part of the State at the preliminary trial, that Strode said to this affiant, I see your wife's name on the list of subpoenas as a witness, what does know about the matter?; this affiant then told him, that she had formerly lived in the same town in Illinois, where Mrs Sheedy had lived, and that he presumed his wife had told some one something about knowing Mrs Sheedy. PH Swift

Subscribed in my presence and sworn to before me this 20th day of May AD 1891. ER Sizer SEAL Clerk D C.

ENDORSED: -State of Nebr. vs. Monday McFarland and Mary Sheeby.-- Affd. PH Swift -- Clerk's Office, District Court, Filed May 20 1891.

AFFIDAVIT FOR COMPULSARY PROCESS State of Nebraska ) ) ss: In the District Court. Lancaster County. )

State of Nebraska, Plaintiff ) ) -vs- ) ) Monday McFarland and Mary Sheedy, Defendants.)

Monday McFarland, being first duly sworn on oath says; that the following named persons, W.W. Cardner, Ab Cardner, BF Pinneo, AB Hosman, Mrs AB Hosman, Dr EL Holyoke, ES Blood, Wilmer Mayes, Miss Fannie Warner, Chas. Carpenter, DG Courtney, SM Melick, Mary Willoughby, Lew Franklin

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

MOTION AND AFFIDAVIT

In the District Court of Lancaster County, Nebraska.

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

Come now said defendants and protest agaisnt the further appearance in this cause of CM Lambertson and FM Hall; and now moves the Court to exclude them, and each of them, from further appearance in said cause and asks the Court to make an order herein prohibiting said counsel from taking further action or part in said trial, 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 prosescute 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 defendants have been prejudiced in their defense by the appearance and prosecution of said counsel, all of which is contrary to and agaisnst 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 Lorenzo W Billingsley, filed herewith.

Monday McFarland and Mary Sheedy, By JB Strode, RD Stearns, JE Philpott, LW Billingsley and WH Woodward, their Attorneys.

State of Nebraska, ) Lancaster County.) ss:

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 Lambertson, who appears as counsel and attorney for the State of Nebraska in the above entitled cause, on Sunday the 17th day of May, 1891, wherein said Lambertson stated to this affiant that he was employed in said action 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 services, but what he expect-