28

THE STATE TO CLOSE TO-DAY

NEARING THE CLOSE OF THE GREAT CASE.

How the Disagreeing Opinions of Doctors Are Being Aired in a Confusing Way.

They Are [Fastening?] the Murder [on?] Monday- No Poison in the [Bladder?]-Dr. [Mitchell?] Agrees With Dr. [Hart?] as to the Cause of Death,

Yesterday Mrs. Sheedy's Day.

An increased crowd witnessed yesterday's proceedings in the Sheedy trial and listened with the most marked attention to the somewhat wearisome technical dissertations on criminal jurisprudence, materia medica, symptoms and conditions, which formed the burden of the testimony throughout the day. Something of new interest was awakened when the cross-examination of [Dr. Winnet?] brought out the fact that the remains of Sheedy were recently exhumed at the instance of the state and new researches instituted to discover the cause of death. It was in line with questions submitted by the state as to the likelihood of poison administered hypodermically being revealed in the stomach after death. It will be remembered that several of the physicians have expressed the opinion that morphine so administered would be very likely to reveal itself in the bladder. It was in anticipation of these replies, therefore, that the state [recently?] had Sheedy's body taken up and the bladder and liver taken by Professor [Haines?], professor of chemistry and toxicology in Rush medical college. Chicago to that place for analysis. It has been noticed that Hon. Frank Hall, of counsel for the state, has not been in court this week up to yesterday afternoon, and inquiry revealed the fact that he has been to Chicago looking after the investigation. After his return yesterday it was generally understood that the analysis had not discovered the presence of poison even in the bladder.

The above fact, taken with the testimony of Dr. Mitchell in confirmation of Dr. Hart's theory that Sheedy's death was due to compression of the brain, made it appear very much like Mrs. Sheedy's day in court and an awful chilly one for Monday McFarland, but it was not noticed that the latter looked very much cast down.

It was a warm day in the court room and Mrs. Sheedy put in a great deal of time waving the mourning drapery around her head by the gentle [undulations?] of a large black fan. Her demeanor had undergone no perceptible change from that of yesterday and she [evinces?] no signs of fatigue or exhaustion from the long trial. She is apparently as strong, and even stronger and more composed and hopeful, than during the opening days.

There was considerable craning of necks in the audience yesterday when it was noticed that Mrs. Morgan had momentarily left her place at Mrs. Sheedy's [side?] to make room for D. G. Courtnay, to whom the defense has frequently referred as one hostile to her interests, and to him has the defense frequently, by intimation ascribed much of the active work of hunting up testimony for the state. Yesterday Mrs. Sheedy communicated to him, through her uncle, Mr. [Biggerstaff?], her desire to speak to him and he was soon at her side. For some minutes she poured a whispered stream into his listening ear, and a study of his features failed to reveal the slightest import of her conversation.

For two days the state has been much worried over the inability to find the cane with which the deed was done. It was offered in evidence last week and left, as usual, in the custody of the stenographer, Myron Wheeler. The latter was called away on Saturday or Sunday, and before going put the cane away so securely that neither [Reporter?] Muilon, Judge Field or any of the court officials have been able to find it.

When court convened at [9:15?] Dr. Winnet was cross-examined and testified that he reached the Sheedy residence about 2 p. m. on Monday [?] was there about twenty minutes; the opinion [?] of the physicians there, possibly with the exception of Dr. Woodward, was [that?] death was due to pressure of the brain; was present at the autopsy; the examination comprised the brain, the organs of the chest, the liver, the kidneys and other organs and the stomach was [taken?] out; believed that Dr. Beachley took notes of the autopsy. Saw Mr. Strode there and remembered that an effort was made to exclude him or any one representing Mrs. Sheedy.

At this point Mr. Lambertson chimed in that Mr. Strode had been finally allowed to [remain?] upon the advice of County Attorney Snell and a wordy discussion ensued at once between the attorneys, which the court summarily abated.

Witness said [he?] saw no superfluous moisture [in?] the brain. He described the old bullet wound found in the back of the head and so the bleeding of the brain around it owing he thought, to the removal of the brain from the skull: also described an old and slight depression in the forehead.

"Did you examine the medulla [oblongata?] at that time [?]"

"I looked at it."

"Did you remove all of it?"

"Don't think all of it was removed."

"Did you examine the spinal column?"

"Not at that [time?]."

"Have you done so since?"

"Yes, sir."

"When?"

"About four weeks since."

"[Where?]?"

"At Roberts' undertaking rooms."

"How did you know it was that of [John?] Sheedy[?]"

"Because we removed it from the grave."

"Who were present?"

"Professor [Haines?] of Chicago, Dr. Everett, Mr. Roberts, a gentleman I [supposed?] to be his partner and the sexton at the cemetery."

"Who took any of the organs besides the parts you took?"

"Professor Haines."

"What [did?] he take?"

"The liver and the bladder."

"You have kept this a profound secret, have you [not] doctor, according to instructions?"

"Don't know as I had any instructions, but did keep it more or less a secret."

"Under whose instructions was this done?"

"Mr. [Snell's?]."

After some [further?] examination as to the condition of the parts when exhumed and the care with which they were guarded since, Mr. Strode dropped this branch without asking him as to what he had discovered and took up the discussion of a toxic dose of morphine.

Didn't think that the authorities taught that a toxic dose would manifest itself in from five to twenty minutes. His understanding was that it required from thirty to fifty minutes.

Mr. Strode pulled a book on him, had him read from it that it manifested itself in from five to twenty minutes, and then had him swear that an authority [so?] taught.

Mr. Lambertson objected to the examination of witnesses as to what was in the books, and a [squabble?] ensued.

"Doctor, will you give me a single authority which says it requires from thirty to fifty minutes."

"I attained that impression from reading a tabulated statement of 200 cases of morphine poisoning."

"What was that statement published in?"

"In the half-yearly abstract of medical science."

"Have you that table with you?"

The book was produced and Mr. Strode asked the witness to show him where it was stated that from thirty to fifty minutes was required for the manifestations, and the witness failed to find it.

He said that his impressions from his own practice were to that effect, and Mr. Strode hauled him over the coals for a time as to his own practice. Witness said that he had noticed no symptoms in Sheedy's [care?] which might not have been attributed to compression of the brain; the blow administered to Sheedy was sufficient to produce either compression or concussion.

The cadaver was then produced and the [?] explained the various fractures in the bones of the face, none of which were through the skull, and explained that it took a very severe blow to inflict them. He thought that the blow was sufficient to produce death, but he didn't think that it did produce death in this instance.

Witness said he knew of no postmortem evidence of morphine poisoning to the brain except that the blood is congested in the brain more than at other times.

"I noticed no special evidences of morphine poisoning in the examination of the brain, as I was merely an observer; but I examined more particularly the upper portion of the spinal column-"

Mr. Strode promptly stopped him on that subject.

The witness concluded in reply to Mr. Strode's questions that he was impressed with the idea that Sheedy [died?] from morphine poisoning.

Mr. Lambertson then took the witness and drew him out on the subject of his recent examination of the spinal cord and lower part of the medulla oblongata, Mr. Strode's objections being overruled. He had found the cord in a good state of preservation, but there was [extravasation?] of blood therein and the conditions he-found would indicate morphine poisoning.

Dr. Winnett was asked to explain to the jury certain discolorations in the bones of the skull which were due to blood from the blow, but when he took the ghastly object in his hands and stood up before the twelve good men and true, Mr. Strode objected to the skull being shown to the jury until it was offered in evidence.

"Your honor," said Mr. Lambertson, "I don't think it is a proper thing to offer in evidence. It would be the same were it a spleen or any othe rpart of the body. If the gentleman insists, however, we will offer it in evidence."

"We certainly object to its [being?] shown to the jury until it is in evidence."

"Very well," replied Mr. Lambertson, with the intelligent twinkle that animates his eyes when there is a prospect of war ahead, "you may be seated, doctor. We will now offer this skull in evidence."

To this the defense objected that the skull had been taken up and examined long after the official autopsy and had not been in the care of any person officially competent to take change of it. The court overruled the objection and the skull went into evidence.

The witness explained that his last examination had revealed to him the fractures pointed out, which were not shown at the autopsy, and he was convinced that the blow was much heavier than he had supposed at the time of the autopsy.

Professor Haines of Chicago, who took some of the organs for examination, is a chemist and witness thought him a competent one.

Mr. Strode subjected the witness to a vigvigorous examination as to engaged him to make the examination and how much he was to be paid. He said that he had assisted at the request of Dr. Everett and expected to be paid but didn't know who was to pay him.

Also Thought It Was Morphine.

Dr. M. H. Everett was the next witness. He said he had lived in Lincoln over four years; was twenty-one years in 'the practice and was a graduate of Rush college of Chicago and Jefferson college of Philadelphia; lived just across from the Sheedy residence; was sitting in his front room on the night of the assault; heard a shot and on looking out saw a number of other flashes and a moment later a crowd collected at Sheedy's gate; thought at first he would not go over, but someone called his name and he went over; Mr. Sheedy was standing up inside and near to the front door bleeding badly and Mrs. Sheedy was standing beside him; she was quite calm and collected and was not crying; witness thought Mr. Sheedy was shot and informed him that the bullet had not gone through the skull; Sheedy then informed witness that he was not shot but was struck. Dr. Hart came in soon after. Witness thought the wound slight; remained about half an hour and left Dr. Hart there when he left; was summoned again about 4 a. m. and found the patient suffering from what he supposed were the effects of morphine; asked the doctor if he had given any morphine and when he said no concluded it was due to compression of the brain. Was present at the consuitation as to whether or not [treplaning?] should be tried; the decision was adverse to the experiment.

Dr. Hart had informed witness that he had given three doses of sulfonal, ten grains each; ten grains is a minimum dose; sulfonal is a sleep-producer and has no after effects.

The witness explained the symptoms of morphine poisoning, and said that while the pupils of the eye were usually contracted, they were sometimes dilated and sometimes normal.

In some cases it is impossible to distinguish the symptoms of morphine poisoning and compression of the brain.

[Atroplane?] has an adverse effect on the pupils of the eye from morphine and the two could be given [in?] a dose to counteract the effect of the [?] upon the eye, while the effect as a poison is undisturbed.

The witness said unhesitatingly that the patient was not suffering from concussion of the brain when he saw him.

Morphine administered hypodermically acts more quickly than when taken into the stomach. A toxic dose of morphine will usually reveal itself in a half hour, perhaps, but it may lay some hours.

Was at the autopsy; assisted Dr. Casebeer some. Witness described the organs; had found the brain with a larger amount of fluid than normal, with no gross lesions; it was abnormally wet.

"What was your judgment at the time of the autopsy, doctor, as to the death of John Sheedy?"

"I thought it was due to an injury to the brain, caused by the blow; didn't think his death was hastened by the weakness of his heart; thought that the blow could have killed him."

The witness gave the details of the recent examination made by himself and Dr. Winnett; the body was exhumed and the head, a part of the neck, the liver and the bladder were taken away; the body was well preserved, perhaps by the embalming fluid; the bladder and liver were taken by Dr. [Elaines?], professor in chemistry in Rush medical college in Chicago; he is considered one of the best chemists and toxicologists; recognized the body as that of Sheedy; took the neck and head to Roberts" undertaking establishment and kept them under lock and key; found the bones of the face fractured much worse than had been discovered at the autopsy.

The witness took the skull and pointed out the fractures shown in the upper jaw and other bones of the face. He explained that certain discolorations in the skull were due to the escape of blood into the spongy substance between the inner and outer [coatimes?] and it indicated to him that the blow had been attended by effects much more serious than was shown at the autopsy.

"Doctor, from your examinations of the organs and your knowledge of the symptoms at the time you attended him, what in your opinion was the cause of his death?"

"I think it was due to morphine poisoning."

"If morphine poison, however, had not been administered, what in your opinion would have been the effect of the blow? Would it have produced death?"

"Yes, sir."

Afternoon Session,

Dr. Everett's cross-examination by Mr. Strode was taken up after dinner. He said that he witnessed four of the five shots fired; couldn't see all of the Sheedy porch; there were lights in parlor, sitting room and bedroom when witness got there; didn't notice as to the condition of the north curtains; there were people in the yard, but thought hot in the house, when witness arrived. When witness remarked that the shot had passed through the skin and out again, Sheedy remarked that he had not been shot, but struck, and that he did the shooting himself. Mrs. Sheedy was there and witness thought she furnished the towels. Witness suggested morphine but Dr. Hart said that a dose of morphine once administered to Sheedy had produced unpleasant consequences; suggested morphine because he anticipated that a shock might ensue; this anticipated shock did not [occur?]; knew it didn't by the symptoms; had thought the wound a slight one. The symptoms of a profound shock were given and proved to be about the same as those in morphine poisoning. Witness did not think that he had expressed an opinion that Sheedy's death might have been due to a delayed profound shock, but Mr. Strode quoted his testimony before the coroner's jury to that effect, and he said that while that might have been his opinion then it had been altered by his subsequent investigations.

Witness thought that death might have resulted from compression, but taking all of the symptoms and conditions into consideration he believed death was due to morphine poisoning; had expressed the opinion prior to the autopsy that death was due to the blow.

When witness went back to the house the next morning at 4 o'clock Sheedy was completely paralyzed, both his sensibilities and his power of motion. Was told that three doses of sulfonal [?] ten grains each had been given him; it usually takes sulfonal about one hour to produce sleep; thought fifteen grains a proper quantity to administer to John Sheedy.

Atrophine relieves the effects of morphine as to the [nausea?], and if enough had been given to maintain a normal condition to the pupils, it would not act as an antidote to the morphine poison.

Under ordinary circumstances if a toxic dose of morphine were given in a cup of hot coffee it might manifest itself in ten minutes; it generally takes from five to thirty minutes; the time required to produce death was uncertain; didn't know the general rule; didn't think it was a rule that it did not exceed from ten to twelve hours.

The abnormal wetness of the brain might be produced by an injury to the brain or by opium poisoning; a wound to the brain unperceptible to the naked eye might produce it.

The witness gave in detail the diseased condition of the heart, kidneys and [gall?], and said that while those conditions might lessen Sheedy's power to resist disease, it would cut no figure in case of such an injury as was inflicted by the assault. From the diseased organs witness thought that Sheedy was likely to die at any time.

The doctor said that the second examination of the remains was made at the invitation of Mr. Hall; he was to be paid but didn't know who was to pay him; Mr. Hall had said he would pay him; the liver and bladder were put in jars and taken by Professor Haines of Chicago; they were taken to the Lincoln hotel; they were not sealed up; didn't know whether or not Dennis Sheedy was at the Lincoln hotel at the time; the head and neck were put in a [pail?] and taken by witness and Dr. Winnett. They were kept in Robert's morgue in a [pail?] on a table, locked in the room.

When the witness reached the Sheedy residence after the shooting Mrs. Sheedy had exclaimed that Mr. Sheedy was shot and she wanted them to do something for him immediately. Didn't know whether or not he had testified at the coroner's inquest that Mrs. Sheedy had said on Monday [morning?] that she would give $1,000,000 if he could be restored to consciousness. If he had so testified, she had said it, but he didn't remember. The witness was then excused.

Mrs. [?] Will Testify.

Mr. Snell said that he had [filed?] a motion asking that he be allowed to correct a name upon the information. The law will not permit the county attorney to endorse any new names upon the information after the trial has been begun, but in this instance the name had been wrongly written as Mrs. Patrick Smith, whereas it should have been Swift. It appeared that Mrs. Swift had been subpoeanaed at the preliminary hearing, but had not testified. Everything was regular except that the name had been written incorrectly upon the back of the information. The court held that he would permit the change, and it was decided not to call the witness until this morning, so that the defense can submit counter affidavits.

Monday's Mouth Kept Working

H. P. Love said that on the morning after the assault he met Monday McFarland in front of the Hotel Mack,

OUTING DRESS

[L?]

In [t?]

Elegant line of Sp
spect our great range o

HERPOL

EXPOS

Monday came up and out of the basement with a cane in his hand; he was drunk and ran against witness, and Monday said, "Get out of my way or I'll use you like they used John Sheedy" or "I used John Sheedy," witness would not say which.

Cross-examined, witness said he was a brakeman on the B. & M., but Mr. Hall had never talked to him about the case.

[Thought?] Death Due to Compression,

Dr. Mitchell was called and sworn. He said he was a graduate of Rush medical college and had been practicing twelve years. He was present at the Sheedy home about noon on the day following the injury in consultation with other physicians. They discussed trephining or removing a button of the skull to permit access to the brain; the decision was against trephining; witness' opinion was that the symptoms were those of compression and he did not favor trephining.

At this point Mrs. Sheedy summoned the attention of Colonel Philpott and whispered to him. He in turn whispered to Mr. Stearns, and the latter moved aside so that Mrs. Sheedy could see the face of the witness, whereat she appeared to be very much pleased.

Witness was present at the [autopsy?], [but?] took no part in it, because he was there chiefly to satisfy himself as to whether he had been correct in his opinion given at the consultation. The brain appeared perfectly normal, though witness made no close examination.

"From the symptoms as you observed them in John Sheedy's last illness, and from your examination at the autopsy and from your examination of the injuries to the skull to-day, what in your opinion was the cause of his death?"

"Well, the evidences of injury as shown by the skull would not be certain to produce death, and I have seen no reason to change the opinion I first formed that it was due to compression."

He thought that the theory of compression would account for every symptom shown in the Sheedy case. The effects of compression are not always immediately manifest. The pouring out of the serum or blood which causes the presure of the brain may be slow; did not think the examination of the brain was a very critical one: it didn't appear so to him. Saw no fracture of the cranium at the time of the autopsy and saw no clots of blood in the brain.

The doctor's testimony suited the defense pretty snugly and Mr. Strode remarked:

"Doctor, you're too good an anatomist and I'll not cross-examine you."

The Photographs Go In.

S. M. Melick was recalled to identify the photographs of the Sheedy residence heretofore offered and they were introduced in evidence over the protest of the defense.

Drawing Near the End.

"Call your next witness," remarked the court.

"Your honor," said Mr. Lambertson, "we only have about two more witnesses to examine. One of them is Mrs. Swift and the other is Myron Wheeler. The latter has gone away and we don't know when he will be here. By him and his notes we expect to prove the confession before the coroner's jury. If the attorneys for the defense will admit the stenographer's report of that confession we can go ahead without any further trouble."

"I believe," retorted Mr. Strode, "that it was John Paul Brown who said that a criminal lawyer in the trial of a case should never admit anything."

"And I believe he added," smilingly replied Mr. Lambertson, "except in desperate cases."

Mr. Strode protested that he would rely upon the promise hitherto made by the state to have Dennis Sheedy, sr., here when the defense wanted him, and gave notice that they would want him by Thursday morning.

"We will see that he is here when wanted." said Mr. Lambertson, "and if there are any other witnesses who are wanted by the defense we will send for them and pay their expenses."

Mr. Strode complained somewhat strenuously of the fact that young Dennis Sheedy was not present as a witness; saying that as his name was on the information the defense had made no effort to procure him. They [?] supposed that so important a witness should certainly be here at the instance of the state.

"Didn't that same authority you quoted a few moments since," sarcastically inquired Mr. Hall, "say that in criminal cases a lawyer should never suppose anything in reference to the intentions of the opposing counsel?"

Judge Field admonished the counsel that [4:30?] was a little early to shut down work and advised them to [have?] their witnesses ready hereafter. Court then adjourned until 9 a. m. to-day.

GRAND OPENING

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EYE AND EAR SURGEON.

Dr. W. L. Dayton, [oculist?] and [aurist?], No. 1203 O street, Lincoln, Neb.