22

MONDAY'S CONFESSION GOES

JUDGE FIELD DECIDES TO ADMIT IT.

The Defense Sustains Defeat. Upon the First and Most Vital Point Raised in the Case.

Reporter [Wheeler?] Will Read the Revolting Story of the Darker This Morning-A Day Devoted to Hearing Officers and Detectives.

Not to Weigh Against Mrs. [Sheedy?].

The first great clash of arms in the Sheedy case has brought to the defense the most disheartening defeat. Both branches of the defense have fought with the full vigor of their legal ability and attainments to prevent the use of Monday McFarland's revolting story of the means by which he was induced to undertake no compass the death of John Sheedy, and they have met with signal failure. This was the most vital point at issue in the case, outside of the final verdict, and has been contested by counsel ever since ex-Mayor Graham took the stand Tuesday afternoon. The particular confession of the three the darkey appears to have been made was the one made in the presence of Mayor Graham, Marshal Melick, Officer Malone, Dennis Sheedy and Reporter Wheeler on the day following his arrest. Monday was arrested Saturday evening and appears to have given some inkling of his knowledge of the tragedy if the defense is correct, before Sunday morning, which it is claimed by the defense was a confession. Then on Sunday he made the confession published at the time in this paper. Still later he went before the coroner's jury and repeated the story. The state was prepared to offer the third confession had they been knocked out on the second, and contended that no prior confession had been made, although Monday had made some damaging admissions the night of his arrest.

The court room yesterday began to show the intense interest that has marked the progress of the great case since its inception on the evening of January 11 last. The seats allotted to the public were all taken, and crowds of men and women stood up around the walls and in the aisles. Even the railed enclosure encircling the court was filled with attorneys, court attendants and privileged spectators.

Mrs. Sheedy's faithful relatives, her trio of dark-eyed, well-dressed sisters, her grave looking uncle and her brother-in-law, Mr. [Haker?] of Western, sat with her all through the long and trying day. One needs not to be told that the four women who sit in solemn row facing the court, with their backs to the audience, are sisters, for the fact is plainly revealed in their faces.

The demeanor of Mrs. Sheedy revealed no change from that of the last two days until just before adjournment, when she was apparently appalled by the decision of the court that she must to-morrow sit in that solemn circle and listen to the reading of the horrible story told in Monday McFarland's confession. She evidently realized that the first hopes of her tireless counsel had been shattered, but although her face bore the hue of death, not a movement of her eyes or lips betrayed that she even realized the significance of the court's important ruling. Her step was just as firm and her carriage as tarelessly defiant when she was led from the room by her uncle as if she was simply a spectator.

Monday McFarland wore the same sorely troubled expression all day yesterday that had been perceptible on the previous day. When he came into court at the noon hour he wore a new lightcolored summer coat, and looked generally more presentable than he has heretofore. The fact was explained when it was discovered that an intelligent looking colored gentleman and lady sitting just behind him were his sister, Mrs. Cynthia Middleton and his uncle George True, both of White Cloud, Kansas. Monday's mother had been unable to come. When court adjourned Monday and his sister sat for some time in the jurors chairs engaged in earnest conversation and finally left for the jail together, Monday clinging to his sister's arm and conversing with her in a low tone, while Jailor Langdon followed at the distance of a few feet.

Mr. Carder Tells About Malone.

W. W. Carder was the first witness sworn and when questioned by Mr. Weir said that he was acquainted with John Sheedy in his lifetime. In January last was captain of police; was present when Monday McFarland was brought in by Malone and was kept in the marshal's office for some time [ere?] he was turned over to witness. Two or three officers took him from the marshal's office to cell No. 1; didn't know whether Malone went in with the prisoner, but he was there and was in conversation with Monday; witness heard Malone say "they'll get you before morning;" witness wasn't sure but [?] he sided in with Malone a little bit; there was also a remark made that "they're coming up now and there are about fifty of them, but they are waiting until they get a hundred." The ability of the police to stand them off was discussed in Monday's hearing. McFarland appealed to witness to protect him, and witness assured him that he could protect him; Monday said he didn't have any confidence in the police, as he believed they stood in with the mob. Malone started the conversation. Witness thought McFarland was either badly scared or under the influence of whisky. There was another conversation toward morning intimating that the mob was on the outside; didn't recall that Malone said anything about hanging, but the inference to be [drawn?] was that the mob proposed to hang the prisoner. One conversation occurred about 4 a. m. ; witness and Malone were in the corridor talking to Monday when some noise was heard in the office and Malone intimated that the mob was coming, witness thought it was then Monday expressed his lack of confidence in the police; witness repeatedly assured the prisoner that he would not be injured; Mondday had not at that time made his confession, or at least the published confession.

Cross-examined by Mr. Hall; There were other officers there who could see and hear everything that was going on; the interviews with Monday were very brief. the officers just walking in now and then and saying a word or two; there were no conversations of any duration. Witness remembered a conference between Monday and Officers Kinney and Malone; witness sent Officer McBrien into the cell; when witness went in he was frozen out; he remembered having said to Monday, "They have scared enough out of you already to hang a dozen men and you're a d-d fool if you don't keep your mouth shut." Witness said that because if Monday said anything he had a right to know it; no one had any more rights there than the witness; had had some conversation with the prisoner himself during the night in reference to his connection with the murder of John Sheedy; hadn't scared it out of Mondy by a darned sight. Malone did not go into Monday's cell; they talked to the prisoner through the cell door. Think that Officer Splain and one other officer were within six feet during the conversations had with Monday, but didn't think they could hear what was said; think they might have heard some of it; Monday said to witness that if the mob hung him it would hang an innocent man, as he had had nothing to do with it on earth; didn't know that he made any confessions or admissions to Malone while locked up that night.

"What did he say," asked Mr. Weir. "of there having been a job put up on him?"

"He said there was a job put up on him. He didn't say there was a job put up on him, but that he was in with a job."

"There is not the best of feeling existing between you and Malone, is there?" said Mr. Hall.

"Not the best on earth; I can give you reasons for it if you wish."

"Never mind your reasons."

"I would like to give you my reasons and they are mighty good ones, too."

Sam Melick Sworn.

Ex-Marshal Melick was sworn and said that he was one of the men who arrested Monday McFarland. He was not really placed under arrest until after the first conference in the marshal's office; the officers met hm at the stairs leading to Monday's shop and told him they wanted to have a conference with him. When they had taken him to the marshal's office witness told him that they had evidence enough already to convict him of the crime, and if there were any one implicated with him it would evidently go easier with him to tell who they were; witness did not tell McFarland that he was under arrest.

The witness gave a number of questions which had been asked Monday, but was not permitted to give the answer, relating to the purchase of the cane at Goldwater's; witness had then said to Monday, "come with us up to the office; we want to have some more talk with you about this." The darkey's talk at that time was in the nature of a general denial; he made no confession, but admitted some facts connected with the case.

This closed the [exidence?] of the defense to show that Monday was coerced into his confession.

The state called Dennis Sheedy in rebuttal. Witness said he was a brother of the deceased and was present at the time of Monday's confession; had been invited there to hear the confession. The following proposition was shown him and he identified it as one made by him, but withdrawn at the request of Mayor Graham:

"I think you had better for your own good, if you want to save your own life, show this thing up. You have told enough already now in this matter to satisfy us who killed him. Now you can turn state's evidence, and in all probability they will let you off with your life. [This?] is my opinion. It will undoubtedly be much easier for you anyhow to associate the others that are more guilty than yourself in this matter."

The witness said that the other questions or propositions complained of were not propounded by him: said that at the close of the confession, at which witness was present, Monday had asked which one of those present was Dennis Sheedy; Marshal Melick pointed the witness out; Monday approached witness and said, "I killed your brother."

This raised a chorus of disapproval among attorneys and the latter part of the answer was stricken out, witness meantime apologizing for having said it. Witness identified the latter part of the confession as heretofore published. He said that Mayor Graham several times cautioned Monday that he wanted his confession to be free and voluntary; thought he said it several times, cautioning him that it might be used against him; there was more said at that confession than the stenographer's report shows, and Mayor Graham had cautioned Monday early in the conversation.

James Malone Knew Carder.

When the state called James Malone to the stand Mr. Philpott objected to this witness being permitted to testify as he said he had violated the rules of the court by listening through an open door to the testimony of Mr. Graham and ahd been discovered in the act by the speaker. He said Malone had also allowed himself to be interviewed on the case. The court overruled the objection. Mr. Malone was sworn and said he knew Monday McFarland and W W. Carder; witness was not in McFarland's cell on the Saturday night of his arrest; was in the corrider once while McFarland was in the cell; had no conversation in regard to a mob at that time and Carder was not there at the time; didn't think Monday said anything; witness didn't stay but a minute, and was with others; next saw Monday McFarland Sunday morhing Officer Kinney came to witness and said that Monday wanted to see him; Captain Carder said that he could not see him, but witness went in and and along with kinney had a talk with Monday; Carder came in, shook his finger at Monday and told him to keep his mouth shut; it was on Sunday morning that McFarland had expressed fear of being mobbed, but not during Saturday night. Cross-examined by Mr. Strode the witness continued that he had not mentioned mob to Monday during that Saturday night.

"Were you not a witness at the coroner's inquest?

"Yes, sir."

"Do you know Frank R. Waters?"

"No, sir; not by name."

"Did you not say, during the inquest, to Frank R. Waters, when he asked you how you got Monday's confession out of him: "At first he refused to tell a thing; but we told him that Mrs. Sheedy had given up the whole d-d thing, and that the mob was coming?' "

"No, sir; I did not."

"And didn't you say to B. F. Pinneo, when he asked you as to how you had got the story out of Monday, that you had put him the sweat box, and after you had asked him whether he would prefer to be hanged by the neck or some other portion of his anatomy, which I will not now mention, he gave the thing away? Did you not say that, or words to that effect?"

"No, sir; I knew that Pinneo had been sent to pump me, and so informed Marshal Melick at that time, and I was very careful to say nothing of the sort."

"Do you swear you did not tell that to either of these parties?"

"Yes, sir; I never told nobody how I got the confession."

"You and W. W. Carder," said Mr. Hall, "are not on very friendly terms, are you?"

"No; we are very distant at present, and have been ever since a short time before the killing of John Sheedy."

The Afternoon [Session?].

Immediately after dinner Frank R. Waters was sworn to impeach the testimony of Officer Malone. Witness was an attorney and knew Jim Malone; had a conversation with him after the coroner's jury was empanelled and before the return of the verdict relating to the manner in which Monday's confession was secured. Had asked Malone how he got the confession, and Malone replied in effect that Monday had declined to tell at first, but that Malone had made him believe that Mrs. Sheedy had told the whole d-d thing and that the mob was after him, and had thus scared it out of him; witness could not say positively where he was when Mr. Malone had told him that, and didn't think he could give Malone's exact language. Witness was then a member of the coroner's jury and believed that it was told him the above about the time that Monday was before the coroner's jury, and in the coroner's jury room. Witness was not sure as to when or where Malone said it, or whether or not anyone else was present, but was sure Malone had so informed him; had volunteered the information to Mr. Strode a few days since from a sense of duty.

B. F. Pinneo was called to rebut the testimony of Malone, and Mr. Hall objected to him on the ground that he had been in the room during the taking of all the testimony. The court intimated that the challenge was just and his remaining in the room was in strict violation of the rule. The attention of the defense had been especially challenged as to Mr. Pinneo, and the defense said that he was not a witness, wherefore he was allowed to remain, although Mr. Snell had called attention to the fact that a subpoena had been issued for him on behalf of the defense. The court did not think the defense had acted fairly in the matter, but he didn't feel like ruling out any testimony for that reason, but should any other witnesses be found to have been in the room during the taking of the testimony they would not be permitted to testify.

Mr. Snell said that after the objection had been raised to Pinneo's remaining [in?] the room the officer had been instructed not to serve the subpoena upon him, so that he might continue to remain in the room.

Mr. Lambertson [?] he did not ask that the rule be enforced in regard to the immediate relatives of the defense.

B. [F?]. [Pinneo?] Sworn.

"You have been here in the room during this examination and heard all the evidence?" asked Mr. [Hall?].

"Yes, sir."

"And heard the testimony of James Malone this morning?"

"Yes, sir."

"And made a statement here the other day that you were not a witness in this case and a question was raised about your being in the room?"

"No, sir."

"Didn't you say that you were not [a?] witness?"

"I said I had not been subpoened as a witness. Mr. Lambertson said I could sit in the room."

"Didn't you know at that time that you were going to be called as a witness in this matter?"

"No, sir."

"When did you first learn it?"

"About twenty minutes ago."

"When did you first communicate those facts to Mr. Strode?"

"Which facts?"

"The facts he asked Mr. Malone about this morning. When did you first [tell?] them to Mr. Strode?"

"I cannot say. Several days ago."

Direct examination by Mr. Strode:

"Do you know Officer Malone?"

"Yes, sir."

"Did you have a conversation with him at or near the corner of Tenth and P streets in this city on or about the 25th day of April, in which you asked him how they got these facts out [of?] Monday McFarland, and did he reply to you that the mob was going to hang him and [?] asked how he wanted to be hung, by [the?] neck or by some other part of his anatomy?"

"Well, it was nearer the corner of P and Eleventh, than Tenth, that this conversation took place. It was on the [steps?] north of the Capital hotel.

"Around on P street near the corner of tenth and P?

"It was near the middle of the block."

"What was said at that time? Did he use these words to you that I have asked you?"

"Yes sir, to that effect."

Cross-examination by Mr, Hall. "You say he said words to that effect?"

"Yes sir."

"When was this?"

"It was about the 25th of March [as?] near as I can recollect."

"You had asked him something about this several times before that hadn't you?"

"No sir, I had not."

"Do you swear that you had not?"

"Well, I have had several talks with Mr. Malone in regard to the matter [I?] think perhaps I talked with him before and several times since that date."

"Are you in the employ of any of the defendants in this case of their [attorneys?] or anybody connected with them in their behalf?"

"Yes sir."

"How long have you been in their employ?"

"My recollection is that is was about that time or a few days afterwards. I think I was employed after that conversation took place."

"Who employed you?"

"Mr. Strode."

"As a detective?"

"I don't know what you call it."

"That is your business is it not?"

"Yes sir, to find out what I can in regard to the case."

"How long have you been a detective?"

"Thirty years."

"And you have been at work for the defendants in the line of a detective ever since that up to this time?"

"Yes, sir. Nobody had any knowledge of it except Mr. Strode and [Mr.?] Stearns."

"Did you say you were employed before or after this conversation?"

"I believe it was a day or two afterwnrds."

"You had given this information [before?] they employed you. hadn't you? You had imparted this information to Mr Strode?"

"No, sir; I don't think I had."

"You wouldn't give it up until he had hired you?"

"No, sir; I didn't hold it back for that purpose."

"Why didn't you give it to him before he hired you?"

"I didn't think it was necessary; I didn't think it was worth anything."

"Did you afterwards find out that it was?"

"No, sir."

"Did you ever get anything for it?"

"I never have got anything for it yet. No, sir."

"Are you to get something for it?"

(Continued on Eighth Page.)