26

'TWAS MORPHINE POISONING

DOCTORS CASEBEER AND WINNETT ALSO AGREE.

John Sheedy's Polished Skull Exhibited in Court and New Found Fractures Shown.

Colonel Philpott Gets in a Hinger on Physician and Triumphs in His Knowledge of Anatomy--The [Ringlets?] in Evidence.

The Thirteenth Day in Court.

There was very little of a sensational nature developed yesterday in the Sheedy trial. There was but a small crowd in attendance during the morning session. The incident that most excited interest throughout the day was the exhibition of a small box containing some glossy tresses which Monday McFarland turned over to the officers after his arrest as evidences of the truth of a portion of his confessions. The next event in the magnitude of the interest it awakened was the production of the crownless skull of the late John Sheedy, which was held up in plain view of the entire audience during the testimony of Dr. Winnett relating to it.

The testimony throughout the day was of an extremely interesting character, and the most perfect order was maintained by the audience so that every word of it might be absorbed.

The importance of yesterday's testimony [my?] in the fact that the two additional physicians examined confirmed the testimony of Dr. Beachley to the effect that Sheedy's death was due to morhpine poisoning, rather than to compression, as claimed by Dr. Hart.

Mrs. Sheedy remained unmoved, as far as appearances indicated, throughout the day's proceedings, by either hope or fear. At times, and especially while the testimony of D. G. Courtnay was being given, she paid an eager, wistful attention to every word, and when some of the questions were being asked she was seen to nod her head in the negative or affirmative, as the answer might be, or murmur some unintelligible reply in a sort of an unconscious manner.

Upon his arrival in court Monday was in whispered consultation for fully a quarter of an hour with Mr. Woodward, which seemed to brighten up his inky features considerably, and when the ringlets of hair were offered in evidence he seemed to be lost in the enjoyment of considerable inward congratulation. During the greater part of the day, however, he was wrapped in the usual stolid contemplation of passing events.

To all appearances Monday has the most implicit contidance in his attorneys. Captain Billingslet has not been among them much of late, but Colonel Philpott has been upon the alert to avail himself of every advantage offered his [cherif?] and so contest, as an ally of Mrs. Sheedy's counsel, every step on the part of the state.

The Draught of the Sheedy Place.

[F.C. Flak], a draughtsman whos has prepared a plat of the Sheedy house and grounds for use in the case, was the first witness sworn and explained in de-tail the features of draught, which comprised every room of the ground floor, every door and window, every walk, fence, tree or other feature of the entire Sheedy property.

The Interesting Locks of Hair.

S.M. Malik was recalled and testified that he had had in his possession at one time some of the effects of Walstrom, comprising of two or three pairs of socks, two nightshirts and two neckties. The witness described them in the crude way in which men usually describe such matters; didn't know that they were the same that were shown for identification to the clerks at [Herpodsheitner's; was present at the coroner's request when Smith identified the neckties delivered them when he was through with the to Sr. Strode.

"Have you those things now?" asked Mr. Lambertson turning to Strode.

"No." replied Mrs. Sheedy's attorney.

"What did you do with them?"

"I gave them to Walstrom as he was demanding them."

"Had you a ring belonging to Mr. Walstrom, Mr. Melick?"

"Yes, sir."

"What did you do with that ring?"

"Gave it to Mr. Strode."

"What did you dod with it Mr. Strode?"

"I gave it also to Walstrom."

"Mr. Melick, have you the box of hair heretofore referred to in this case?"

"Yes sir."

"You may produce it."

Mr. Melick took from his pocket a silver matchbox, which he handed to Mr. Lambertson.

"Where did you get this?"

"In a drawer in Monday McFarland's shop."

"Who told you where to find it?"

"I believe Officer Kinney told me of it first."

"Was he with you when you found it?"

"Yes sir."

"Your honor, we will now offer this into evidence."

The box was opened and two white paper packages not much larger than a physician's powder were taken out. They each contained a dainty ringlet.

"We object, your honor." said Mr. Strode, "to the introduction of this in evidence is incompetent, irrelevant and immaterial."

The court overruled the objection and Reporter [Mialon] put his exhibit marks upon them.

Mrs. Sheedy sat with eyes cast down and lips compressed during this discus-sion, as pale as death itself. She never raised her eyes from the floor until Mr. Melick was excused. Before leaving the chair he testified to the finding of the socks, neckties and nightshirts in Walstrom's trunk.

The Photos Not in it.

Mr. Shell then offered in evidence three photographic views of the Sheedy residence, one front and one rear view and one from the northwest. The defense objected and they were ruled out as immaterial and irrelevant.

Has Malone a Poor Memory.

James Malone was re-called and testi-fied to having taken the night shirts, socks, neckties, handkerchiefs and underwear from Walstrom's trunk. Also got a ring from Walstrom. The goods were the same as were exhibited at one of the prior hearings and then identified. He also testified in detail to the conversation had with McFarland on the night of his arrest in relation to the purchase of the cane by Monday, when the latter claimed to have purchased it for a man from Black Jills who had come into his shop and asked him to go and buy it.

Sharpenstein, a barber at work there at that time, made the remark to Monday as the officers were taking him away: "Ah, there, I thought they would get you.

They took Monday to the marshal's office and he identified the cane as the one he had bought. When asked where he was on the night of Sheedy's murder he said he had left home at eight minutes before 7 and had gone to the home of Officer Botts; he said that he saw Botts and that Botts saw him. Botts was called in and said he had not so seen Monday. After some further conversation witness told Monday that he knew where he was on that night, that he was at John Sheedy's. Monday did not reply. He was then locked up.

Malone related the details of Monday's first confession to himself and Officer Kinney on Sunday morning early about as heretofore related in the confession subsequently made and reduced to writing.

Mr. Strode examined the witness rigidly upon his testimony before the coroner's jury. wherein he appears to have stated that lie had had a conversation with John Sheedy on the night after the assault and that the latter had said that he thought his assailant was Frank Williams. A number of questions were naked on this point and ruled out. Malone said he didn't say it.

Both Mr. Strode and Mr. Philpott pressed the witness very hard to get an admission from him that he had told them each individually how badly scared Monday was and how he had been led to confess, but the witness declared that he did not remember having seen them that Sunday night and certainly did not tell them anything, wherent the attorneys both looked very grievously surprised and shocked, as if they were contemplating with horror and commiseration the remote hereafter of Jim Malone.

"Didn't you tell me that Sunday night" said Colonel Philpott, "in the corridor of the city jail as you passed you going towards Monday's cell, and I going in the opposite direction, that Monday was in a desperate condition and would commit suicide before mornings?"

"No, sir."

"Did you see me in the jail that night at all?"

"No, sir."

"Will you swear I was not there?"

"No, sir: you might have been there while I was not."

"Do you mean to say, Mr. Malone," said Mr. Strode. "that you did not tell me that night in the office of the police station, leaning over the mailing and talking to me in low tones, that you scared that confession out of Monday McFarland?"

"Yes, sir: I never told you that."

"Do you remember saying anything?"

"I might have said something, but I never said that?"

The defense also subjected him to a rattling fire of questions to show his interest in the case in the matter of a reward. Malone said he did not know of his own knowledge that any reward was offered. but Marshal Melick had informed him there was n reward of $1,000. He had been supplied with funds to the amount of $55 to assist in securing the evidence.

"Wasn't Mr. Philpott down to the jail the night Monday was arrested. prowling around trying to get at the prisoner?" asked Mr. Lambertson.

"Couldn't say that he was."

"Wasn't about half the bar of Lincoln down there trying to get at the prisoner?"

"Not that I know of, sir."

"Wasn't Mr. Strode down there to see the prisoner?"

"Not that I know of, sir."

"Did you ever see me down at the city jail hunting for clients, Mr. Malone?" asked Mr. Strode.

"Can't say that I have."

Mr. Lambertson indulged in some facetious remarks, the purport of which escaped the reporters, and Mr. Strode rejoined that he had had about twice as many cases in the district court during the past two years as had Mr. Lambertson.

"The record is the best evidence on that point," smiling remarked Judge Field, "and if you have exhausted that subject we will go on with the trial of the case."

The witness related in detail the confession Monday made to him and Officer Kinney that Sunday morning in the jail, in which Monday referred to Mrs. Sheedy's "lover," and told how she had invited him to watch her take an evening walk with that lover, young Walstrom It also revealed the fact that Monday had taken the cane to the Sheedy residence at about 5 o'clock on the evening of the assault and left it there with Mrs. Sheedy to await his return.

Believed It Was Due To Morphine.

Dr. H. M. Casebeer was called, had lived in Lincoln five years and practiced for sixteen years: graduated from the medical department of the university of Michigan in March, 1876; was present at the Sheedy autopsy with Drs. Beachley, Mitchell, Coroner Holyoke, coroner's jury and one or two others whom witness did not know; witness performed the autopsy, assisted by Dr. Beachly.

The witness explained how the examination had been performed: gave a detailed description of the bones of the head and face, and located and described the wound inflicted by the blow. He said that the examination had extended to the lower part of the medulla oblongata, the portion lying at the base of the brain with which the spinal cord connects; the medulla oblongata controls the nerves of respiration. A blow upon another portion of the skull might affect the medulla oblongata, but the injury would be apt to be revealed in the autopsy. There was no fracture of the skull revealed in the autopsy.

"Now assuming," said Mr. Lambertson, "that John Sheedy was a man about six feet and over in height, ; apparently a man of strong physical ability and apparently living in good health, but in fact being affected somewhat with fatty degeneracy of the heart and in the condition revealed by the autopsy at which you were present, and the brain being affected at revealed by the autopsy; that he was on or about the 11th day of January struck with a blunt instrument which produced a would such as you have described: that it was dressed and the patient put to bed: that it was not thought at the time to be a severe wound: that he was given at first ten grains of sulfonal, which he committed; at a later period ten grains more which he vomited, and at a still later ten grains more in a cup of coffee, which he retained that he then sank into some kind of a sleep which continued until about 3 or 4 o'clock the following morning, about nine hours after he was struck, at which time he was breathing heavily, only five or six times a minute, the breathing being what is characterized in medical parlance as "heavy or stertorous;" that his pulse was up to 140; the pupils of his eyes being normal that swallowing or deglutation as it is called, was impossible; that his body was paralyzed; that his kidneys and bowels were torpid, and the urine had to be drawn off with a catheter: that he continued in this profound state of coma, the pulse alternating or changing from time to time. running down some hours before his death to 95, and at times even lower. if not altogether stopping, until about 10 o'clock on the night following the blow, consciousness not having been resumed during the period between 4 o'clock, at the time he went into the comatose condition and the time of his death, and that at 10 o'clock de died, what in your opinion was the cause of his death?"

"Well, I believe that the symptoms foregoing his death are more nearly like those of poisoning from opium than anything else,and for the reason that no other cause was discovered for his death, I believe it was due to poisoning by some drug."

"Now if, morphine was administered hypodermically, would traces of it be found in the stomach?"

"No, I think not."

"Where would you expect to find it?"

"Well, in the circulation and in the urine."

"So that if none were found in the stomach, it would not be evidence that none had been given?"

"No, sir."

The witness explained that poisonous or toxic dose of morphine was from a quarter of a grain upwards.

The heart was found to have been affected with fatty degeneration, and the other organs were in the condition shown in the testimony of Dr. Beachly. He thought that if death had been the result of the effects of the blow upon the condition of Sheedy's heart, it would have been instantaneous.

"Did you ever hear of a portion of the brain known as the tarbor vitae?" asked Mr. Philpott.

The physician reflected long and earnestly as he replied.

"Don't recall having read of any such using for a portion of the brain."

"You never read of the tarbor vitae,' which is known as the center of life?"

The witness had never encountered it.

"Did you never read Wilson's autonomy, wherein is mentioned an organ of the brain located near the medulla oblongata and called the arbor vitae because it looks like a little tree and was supposed to be the center of life?"

And the gleam of triumphant intelligence that beamed o'er the face of the colonel as the witness admitted his remissness in that respect was the feature of the morning session.

"I studied medicine two years myself," explained the attorney subsequently, still perspiring over his triumph when court adjourned.

The witness explained in the cross-examination that the bladder which had been buried with the body and not forwarded with the stomach for analysis, would have bee more likely to have contained evidence of the poison than the kidneys which were sent.

Court then adjourned for the usual two hour dinner recess.

Afternoon Session.

After dinner the examination of Dr. Casebeer was resumed before an audience that filled the court room, and Colonel Philpott's mephistophehan grin was enlarged and considerably illuminated by his success in concerning with the witness as to was personal technical knowledge of the size of the different organs of the brain.

"How long is the medulla oblongata? Is it two or three inches."

"I should judge it was between two and three inches. I haven't posted up on the minutia."

"Isn't it a fact t hat it never exceeds an inch and a half in length. and that when you said it was between two and three inches, you said so just because I had give these figures?"

"I don't think it is a fact."

"Did you ever know of a case where it was over an inch and a half in length?"

"It was over an inch and a half in this case," replied the doctor.

Colonel Philpott gleamed sardonically at the witness as he arose and hunted a seat at the rear end of the table, murmuring to himself:

"There never was such a case: No such medulla oblongata was ever put on record, and none ever existed unless the big Missouri girl, Elia Ewing, had it stored away in her cranium. I have studied medicine some myself."

Before he got through with Colonel Philpott, De. Casebeer also recalled the fact that there was an arbor vine, composed of white matter in the form of a tree dipping into the grey matter, but said it was of no special importance.

Mr. Strode then took the witness and had him explain the difference between the symptoms of compression of the brain and concussion of the brain. He did so and Mr. Strode pulled a medical authority upon him wherein he had the "witness read to learn that there was no difference in such symptoms. But the doctor didn't find it so. He found that the medical work did say something about cases of "slight" compression resembling concussion.

Mr. Lambertson objected to this method of examining the witness and suggested that the defense should offer its authorities in evidence. instead of badgering the witness with them.

Mr. Strode contended that this could not be done, as the supreme court had repeatedly held.

The court thought otherwise, and after half an hour was spent in hunting authorities Judge Field finally held that such medical works might be introduced. Mr. Strode didn't desire to introduce them, preferring to keep them, and each time the witness attempted to tell the respective symptoms of compression and concussion of the brain and morphine poisoning, he pulled them out loaded to the hilt. The witness gave the respective symptoms of the three, and Mr. Strode pulled authorities upon him to show that the symptoms might easily be confounded. The witness testified that fatal concussion of the brain would leave some collect upon the brain which could be detected with the naked eye is a post mortem examination, and Mr. Strode jerked out a work on medical jurisprudence wherein it was taught that a man could die from concussion in a case where the skull was not fractured and no apparent trade was perceptible in the bain.

The fatty degeneration of the heart, the witness said, lessened the man's vitality and rendered it therefore the more easy for a shock to affect him.

"If a stomach were full of bile, or whisky, or beer, it might take two hours for the symptoms of morphine poisoning to become manifest, but generally it is perceptible in from five to twenty minutes."

"Do you think that a toxic dose of morphine could be given to a patient who had vomited twice in two hours and not manifest itself in less than three hours?"

"Possibly. I have had cases where the stomach was full of bile or liquor where the poison was inert for that long."

"If the stomach was full of food it would hardly lay there a half hour without manifesting itself."

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"A toxic dose is a dose that will kill."

The defense was right after Dr. Casebeer, who was on th stand over three hours. and if he had testified that black was black, Mr. Strode would have pulled an authority to show that black was sometimes unquestionably white.

Monday Did Call Next Day.

D. G. Courtnay was sworn and took the stand at 3:30. Was a warm personal friend of John Sheedy; was near Eleventh and P on the night of the assault; heard the shots and was at the house inside of ten minutes; when he went in Dr. Hart and Dr. Everett were dressing the wound; stayed there about an hour; went away and returned again in an hour or an hour and a half; the doctor said when he first arrived that the wound was slight; it appeared to witness to be a slight wound; witness, Dr. Hart and Mrs. Sheedy put him to bed; she wasn't crying, but was agitated.

Witness conversed with him after he had gone to bed; asked him to describe the person who struck the blow; Sheedy said it was a thick set person and had on a short coat; before Sheedy went to bed he was shown the cane and asked if he could identify it; he said there were many canes like that. Sheedy asked if any of the shots he had fired had taken effect; witness remarked that the policemen had said that they had found blood on the sidewalk: at that Sheedy had said, "I'll go down town with you; I'm all right and I'll go down." Dr. Hart and Mrs. Sheedy assured him that he needed rest and he went to bed.

In recounting the occurrences of the day following the assault the witness related the symptoms as heretofore described and said that he had then remarked that they reminded him of morphine poisoning. He had seen two cases of death from that cause within a few months prior to the murder and Sheedy's conditions reminded him of them.

"Did you on that day see Monday McFarland?"

[?] I did."

"Just state where."

Witness stated that so many people were coming to the house during the day that he locked the door. A few minutes later Monday McFarland came to the door and said he wanted to see Mrs. Sheedy on business. Andy Bayliss was already in there crying, and as witness thought that was what Monday wanted to get in for he wouldn't let him in. In a short time he found him trying to get in at another door which the girl had opened. He told witness that he wanted to see Mrs. Sheedy on business, and witness told him that Mrs. Sheedy was at the bedside of her husband, that the latter was dying, and that he couldn't get in.

Witness related how Mrs. Sheedy had employed him to look after her affairs. Mr. Lambertson wanted to ask him about what she had said to him after that, but Mr. Courtnay declined on the ground that, as they were said to him as her attorney, he didn't feel at liberty to testify to what was said, but didn't wish to leave the impression that there was anything damaging to her.

Mr. Strode whispered briefly with Mrs. Sheedy and told the witness that he might reveal anything that was said.

He said that on the Sunday afternoon of her arrest when he went into the house, she remarked that he looked at her as if he thought she was guilty, and asked him if he did so think.

"What was your reply," asked Mr. Lambertson.

The defense objected, but after another whispered conversation with his client the objection was withdrawn by Mr. Strode.

The witness said he could not say positively what he had replied.

"Didn't you reply," asked Mr. Strode. "that 'As I love my wife and little girl I believe you innocent?"

"No, sir: I did not."

"Didn't you reply 'Yes, I believe you are?' " asked Mr. Lambertson.

"I don't remember. It was all in a general conversation."

Witness told how he had advised Mrs. Sheedy to have herself appointed administratrix of a part of the estate to preserve her interests, as his impression was at that time that Dennis Sheedy wanted to gobble the whole business. Mrs. Sheedy informed him that Dennis proposed that Mr. Fitzgerald should be made administrator of the whole estate. but he advised her that there was likely to be big lawsuit in the matter and for her own safety she had better be appointed admin stratrix.

Some $550 was found to be available. Of this $500 was found in the shape of checks for rent and $50 was found in an inside pocket of Sheedy's vest. Mrs. Sheedy had the coat and was washing the blood from it, when he cautioned her that she had better not do that. She said that she had found no money in it. Witness knew that it had formerly been Sheedy's custom to carry about with him in his pockets several hundred dollars. That was some time before.

Upon cross-examination witness stated that Sheedy had told him during the night after the assault that he suspected George Bradeen, Mose Smith, Alex Jetes and Frank Williams.

He also testified that Sheedy had employed detectives to watch him and preserve him from a possible assault by his enemies.

Mrs. Sheedy followed every word Mr. Courtnay uttered and apparently approved them by nods now and then. As each question was asked she bent a wistful look at his features in anticipation of his replies, which were in no way hostile, although the defense was frequently intimated that Courtnay was eager for her conviction.

The Cadaver in Court.

Dr. Winnett, one of the physicians present at the autopsy, was sworn. He said he was a graduate of Long Island College hospital New York, in 1870; saw Sheedy on Monday after the addault; he was unconscious, his respirations were about twelve times to the minute; his pulse was 96;his pupils were normal in size; but insensible to light;the body was completely paralyzed. The first impression of the witness from the symptoms was that Sheedy had had an overdose of morphine, but when assured that he had had no morphine witness thought it was due to compression. Was at the autopsy, and would say that the brain was normal; no blood at the base of the brain; didn't think the medulla was quite all removed with the brain.

"Now; then, from the symptoms as you found them and the conditions as revealed by the autopsy, what would be your opinion as to his then condition and suffering?"

"I believe it [?]o have been from the effects of morphine."

The witness gave in detail the symptoms of morphine poisoning. In relation to the pupils of the eye he said that in some cases they remain unchanged in morphine poisoning and cases are reported where one pupil was contracted and one dilated.

The usual time required for manifestations of morphine poisoning was from twenty to fifty minutes, but cases are reported where many hours were required. He had read of a case where in fourteen hours the first manifestations were shown. Would say that three hours was uncommonly long. If the stomach was full the effect would be delayed.

The witness explained at length the difference between symptoms of concussion and compression of the brain and the symptoms of the brain.

"The pupils of the eyes are not so liable to be affected if the morphine is given with atrophine. Atrophine is used to counteract some of the unpleasant symptoms of morphine."

"In some instances a half a grain of morphine is a toxic dose, but I should say generally a grain."

"A dose of sulfonal is from twenty to thirty grains, Ten grains would not be dangerous."

"I would say from the autopsy that there was no compression of the brain. There was not any concussion indicated be anything I [?]."

The witness described the wound at length, and while he was doing so Mr. Lambertson was noticed to be tugging away at the unwilling contents of a pasteboard box."

A moment later he handed to Dr. Winnett a skull with the crown neativ sawed off, The doctor held it up in full view of the audience.

"Doctor, whose skull are you holding in your hand?"

"It is the skull of John Sheedy."

Mrs. Sheedy made a nervous movement, raising her handkerchief to her eyes, but in an instant resumed her composure and with the utmost fearlessness contemplated 'the ghastly object held up a few [?] in front of her. Monday's eyes were also turned in the same direction.

"State from the examination you have made of the skull of John Sheedy, whether or not in your opinion the blow that was administered at that time was sufficient to produce death."

"I think so."

"Doctor, was the blow that was administered to John Sheedy and the wound inflicted upon him sufficient in your opinion to account for the symptoms that you saw in his last illness?"

"No, sir."

The witness then explained that an examination of the skull after it was cleaned, revealed the fact that there were three slight fractures in the vicinity of the wound, which was sufficient to alter the opinion he expressed at the time of the autopsy.

As it was later it was decided to leave Dr. Winnett's cross-examination until this morning.

Not Endorsed on the Information.

Mrs. P. H. Swift was next called and took the chair. The defense objected to Her being permitted to testify, as there was no such name endorsed upon the back of the information, the name having been by mistake endorsed as Mrs. Patrick Smith.

The latest effort of the sleepless Crow was directed toward a man whom he needed in the Sheedy case. It is claimed that he approached the man and insisted that if he could remember that he was with Monday McFarland at the time of the Sheedy murder, and could therefore prove an [aline?] for Monday, it would be a high remunerative feat of fond recollection. But all the man could remember was that he had seen Monday McFarland near the Sheedy home on the very evening prior to the one on which the assault was committed with a cane in his hand, and that when he followed him Monday disappeared into the alley at the rear of the Sheedy home. Unfortunately for the state this evidence was discovered too late for use in the trial of this case, as was also the evidence of a lady who saw a man go through the alley immediately after both the first and the second assault.

Gentleman can find Banister's calf shoes at $4. Yates' special sale, 1129 O street.

Two hundred and fifty Herefords, cows that cost $1,000, bulls that cost $2,500. one-fourth the herd imported. the balance selected from the best herds in this country. Some raised by the queen of England. All must be sold, no matter what price they bring, at the fair grounds, Lincoln, Neb., Thursday and Friday of this week, commencing each day at 10 a. m.

WILL BE REPEATED.

The Daughter of Jairus by Holy Trinity Choir and Local Assistance.

Acting upon the numerous requests. the choir of Holy Trinity church, assisted by some of the best vocal talent of the city numbering over forty voices in ally will repeat on Tuesday evening next. May 19, at the church, corner Twelfth and J streets, the sacred cantata "The Daughter of Jairus." which they rendered so well in April last. The service will commence at 8 o'clock sharp. No charge for admission and all seats free. An offertory will be taken up for the choir fund. The following are the soloists: Mrs. C. S. Lippincott, soprano. H. J. W. Seamark and Oscar Easterday, tenors: J. H. Self, bass, organist, Miss Stella Rice; conductor, Mr. H. J. W. Seamark.

MERIT WINS

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Contractors [?] he required to conform to rules and regulations as set forth in specific [actions?] adopted by the board.

The board reserves the right to reject any and all [?]. A. R. HUMPHREY

President Board of Public Lands and Buildings Attest: JOHN C. ALLEN

Secretary of State

Dated Lincoln, Neb., May 6 1861

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