16

TWELVE GOOD MEN AND TRUE

(Continued From Sixth Page.)

afraid he was going to shoot her. The evidence will also show to you that at that time she said to one of her neighbors that she was going to leave John Sheedy, and one afternoon she did go to the neighboring house and say that she had left John Sheedy. Now bear in mind the evidence will show that this, her leaving John Sheedy and all of this, took place when Walstrom, this young man that she had met in Buffalo, was in the city. The evidence will show to you that Walstrom's coming to this state was not chance. She had told different persons in this town that Walstrom would be here, the only conclusion being that she had made arrangements with him when they were in Buffalo that he would come here, or they had carried on a secret and surreptitious correspondence in this manner. She had spoken to a young man by the name of John Klausner, who will be a witness in this case, and told him that [?] Walstrom did come here that she wanted him, that is Klausner, to room with this young man Walstrom, and so when Walstrom did come to this city he went over to the Windsor hotel, where this young man Klausner was at work, sought him out and the two went together down here to a building known as the Heater block and there they picked out a room and roomed together. The evidence will also show to you that this Mr. Walstrom paid all of this room rent except about $1. It will also show to you that this young man carried notes back and forth between Mrs. Sheedy and this young man Walstrom. The prosecution does not know the contents of these notes. It will also show to you that Mrs. Sheedy sent down there to that room little delicacies for this young man Walstrom to eat, wines and cakes and knick-knacks and the like. And the evidence will also show to you that while this young man was here Mrs. Sheedy gave him presents, she also was seen with him at different times, and when this young man would call over at a neighbor's they would go and send up and Mrs. Sheedy would come over there. The evidence will also show to you that after this shooting that had been done, after Mr. Sheedy was shot at, some time prior to this assault, that Mrs. Sheedy had remarked that the people could not say Harry did it-that is what she called this young man Walstrom-that the people could not say Harry did it, because Harry was at work that night. The evidence will also show to you that the very night John Sheedy was assaulted and lay there upon his bed of pain, that Mrs. Sheedy sent word by Charlie Carpenter to this young man Walstrom that John Sheedy had been struck over the head by some one. The evidence will also show you that after John Sheedy was dead she sent another messenger to this young man Walstrom, and told him as he valued her friendship he must be present at John Sheedy's funeral. We believe on the part of the state that we can convince you and show to you that Mrs. Sheedy was tired of her husband; that she had become infatuated with this young man; that she had determined to get rid of John Sheedy, get his property and enjoy it with her new found lover. Monday McFarland was the agent she chose to employ to assassinate her husband. She gave him money and promised him more to incite his cupidity; allowed him the pleasures of her body in order to get his confidence and get him into her possession and to inflame his courage, and she with the nerve of Lady Macbeth would finish with the drug what had been begun with the club, if the blow that Monday gave him was not sufficient to cause his death. Now if poison was administered to Mr. Sheedy, who administered it? The evidence will show you that no one, so far as the state is aware, gave Mr. Sheedy anything except the doctors and herself, and all of the medicine that the doctor gave him was the sulfonal, ten grams at two doses, which I mentioned along in the first part of my statement to you. The dose that she gave him in the coffee-bear in mind the evidence will show you that immediately after that he passed into a stupor, comatose condition, from which he never recovered-and Mrs. Sheedy, when her husband was sinking, going to his long rest, remarked to different persons who were about the room that the doctors were giving him something; that the blow would not have caused his death. This is very brief as an outline of what we believe the evidence will show you. We believe the evidence will show you that John Sheedy was murdered, and that the defendants in this case murdered him. And if we show this to you beyond a reasonable doubt, we believe that it will be your duty as conscientious men and as upright jurors to return a verdict in accordance with such convictions, be the consequences and the penalty what they may."

Mr. Stearns for Mary Sheedy.

Mr. Stearns, in presenting the case on behalf of his client, Mary Sheedy, said:

"I venture to say that if any of you gentlemen of the jury ever sat upon a jury where a murder case was tried, or was ever in a court room during the progress of a trial, you never heard the outline of as weak testimony claiming that a murder had been committed and asking you to convict upon the testimony as outlined, as you have heard this afternoon. Now, gentlemen of the jury, it is perfectly proper for the state to outline what he expects to prove; it is perfectly proper for the defense to outline in a very brief manner the nature of the defense that we expect to interpose in a case of this kind. Now, we expect on the part of the defendant here, Mrs. Sheedy, who sits before you to-day with her pensive, sad face-we expect the testimony will show to you that her husband, John Sheedy, was a gambler; that he was a common gambler; that he had followed that business nearly all his life, if not all of it altogether; that he was a strong character of that kind, strong and influential among his associates; that he achieved distiction as a ruler over them; that he managed and controlled them; that he practically had a monopoly of the gambling business in this community: that by so doing he had made many malignant and bitter enemies among his own profession; that he had suspicions of members among his own profession; that a short time prior to the time he received the fatal blow he had private detectives in his employ to protect and guard him and keep him from receiving personal injury. We expect the testimony will show you satisfactorly that, as has been stated by the counsel for the state, a short time prior to the time this fatal blow was administered to John Sheedy someone made an assault upon him and fired a shot at him and that the bullet fell short of the mission intended by the would be assassin. We expect that it will appear in evidence that the man that fired that shot was a white man; that it will appear to your satisfaction by competent evidence, so there will be no question upon that point in your minds when you come to pass upon it. Now, as there is no crime that can be committed, or has ever been committed, unless there is a motive for it, they undertake to assign some kind of a motive, so far as Mrs. Sheedy was involved in this proceeding. What is the motive, now? They tell you that she was in Buffalo in July, 1890; she went there, as the evidence will show you, to receive medical treatment; while there she made a chance acquaintance of a young man, as has been stated Mr. Walstrom. It happens in after weeks that Mr. Walstrom came here for his health. Now then, gentlemen of the jury, there are some little circumstances that will connect Mrs. Sheedy with this man Walstrom; some insignificant circumstances. I undertake to show to you that there is nothing of any consequence, nothing that is material, that will come out, nothing that is criminating in its nature between the associations of Mrs. Sheedy and this man Walstrom. I undertake to say that the state will fail to prove any material allegation in that information, so far as anything criminating in its circumstances, or in its associations, or in its surroundings with this man Walstrom. Now then I suppose that is sufficient for me to say upon this branch of the testimony, as it will appear to you that this man Walstrom was arrested within a very short time after Mrs. Sheedy was arrested; that he had a full, fair, complete and perfect examination before the examining magistrate that bound these two defendants over, and that after a full and complete hearing, he had no hesitancy in discharging this man Walstrom. And I want to say to you that the rule of law is reversed that applies to an examining magistrate, for it only requires probable cause, probable belief, probable guilt to bind a man over to answer to the district court; but here it requires that you be convinced beyond a reasonable doubt. Now I want to say this, that if Providence should mysteriously remove the heads of any one of the many greatly respected families in this community there would be ready at hand many circumstances and many proofs that are more convincing of a criminal motive in the minds of those men who are taken off in that way, than existed in this case, as you will find when the full testimony is completely before you. Now, gentlemen of the jury, there is another feature in this case which I think will fully appear in testimony before you that will convince you that this is not a prosecution in any fair sense introduced here and managed by the state. You have but to look to the east and you see two very able counsel who have been retained as private counsel to assist the state in this case. It will appear to you, gentlemen of the jury, and your complete and perfect satisfaction, that this is a persecution; that it is the cupidity of John Sheedy's brothers and sisters; that it is their cupidity and desires that influence them; that it is these impulses that have been working and have brought to bear in this case to encompass a conviction of this sorrow stricken, sad-faced woman that appears here before you to-day, in order that they may get the whole of John Sheedy's estate instead of the half of it. It is blood money; it is a conspiracy to convict for the love of money, illustrating the old adge that "The love of money is the root of all evil" more pertinently than the presentation of it has ever come so your observation before. They have not allowed her one cent to maintain her. When the probate court has made her an allowance, a reasonable allowance for her maintenance and support, out of the estate of John Sheedy, the administrator representing the heirs has appealed from it, represented by one of the learned counsel who appears to prosecute this case. They refused to let her have any support; they refused to let her have any say about the managment of this estate or control of it, or have any voice in the management of it whatever, and then it will appear to you by satisfactory and convincing proof. Now then, gentlemen of the jury, you must remember, in analyzing and sifting this testimony, that you must be convinced of the truth of every material allegation in every one of the counts in this information before you can convict. You must remember that the state is large and powerful, and while it is the duty of the state to prevent crime and to punish its commission, no great harm will come to the state if an occasional criminal escapes. How is it on the other hand? How is it when an innocent person is convicted of death and is sentenced to be hung or imprisoned when they are innocent? Why, it shocks the sensibilities unspeakably. You remember what has been said, often and often, that "it is better to let ninety-nine guilty ones escape rather than have one innocent suffer." Remember the sentiment of this littel stanza -and let it govern you, and control you, and influence you all through your examination and investigation of this case:

"In men whom men condemn as ill,
I find so much of goodness still;
In men whom men pronounce divine
I find so much of sin and blot,
I hesitate to draw the line
Between the two, where God has not."

Colonel Philpott then spoke briefly but earnestly in behalf of his client, Monday McFarland, denouncing with the utmost violence the methods employed by Officer Malone and Mayor Graham to secure Monday's confession, and ripping the counsel for the state up the back. He claimed that Malone and Melick were conspirators to secure the reward.

At the conclusion of the address Judge Field adjourned court until 9 a. m. to-day.

Notes of the Trial.

Judge Field will adjourn court to-morrow long enough to permit all to attend the presidential reception.

Myron E. Wheeler has been secured by Reporter Mullon to report the testimony, as the former desires to catch up with past court work. It will be as well done as man can do it.

It is said that the eleven men who were in the jury room Tuesday night, a week ago, took a vote on their ideas of the case and that every man favored the conviction of the darkey and six of the eleven were convicting Mrs. Sheedy. The only man now on the jury who was then a member is Van Campin.

R. I. Smith, Machine Works, Tel. 531.

J. F. Ferris, stenographer and typewritist, room 2, Newman block. Tel. 715.

Special sale one-third off on hammocks, foot balls, base balls and bats at C. M. Leighton's, 145 South Tenth street.

The twenty-five or more lots offered at public auction on next Friday are in block 1, 2, 19 and 20, Kinney's O street addition; lots A and P Hawkeye addition, and others near by. They will positively be sold on Friday, May 15 at 2 p. m. Terms easy. See them or call on A. N. Wycoff, Richards block.

A GOOD SUBSTITUTE

instead of a cocktail in the morning, "We fellows at the club" taper off by taking a refreshing drink of Sulpho-Saline.

CONTRACTORS,

Builders and painters. Call at the Western Glass and Paint company for estimate on glass and paint. We will save you money.

Children Cry for Pitcher's Castoria.