34

PLEADING FOR A VERDICT

(Continued From Sixth Page.)

out the words "intimate," "inducements," "she pictured out to me," "she gave me a limited time to commit the murder," and other similar expressions as ones such a person as Monday would not have been likely to make use of, and that they must have been put into his mouth.

Mr. Woodward called attention to the fact that the law books show the names of a hundred people who have been executed upon circumstantial evidence in cases where subsequent evidence proved them to have been innocent. He referred to to the recent attempt at suicide of William Windnagel, the Randolph street butcher, who was found nearly dead in the rear of his shop with his throat cut while a man named Carr was seen in the room with a bloody knife in his hand and as soon as someone entered had started to run. He told how, if Windnagel had not recovered to tell that he had attempted suicide, the man Carr would have fallen a victim to circumstantial evidence.

Mr. Woodward contended that it was possible to conceive that John Sheedy was never murdered at all. "I have grave suspicion," said he, "that if no medical gentlemen had ever crossed the threshold of John Sheedy's home that night he would have been alive to-day."

He told of the discrepancy of the expert testimony as to the cause of death, and ridiculed unmercifully the inaccuracy of the medical theories advanced, but in any event four out of the six physicians introduced had sworn that the blow administered by Monday did not cause death. He dwelt upon the possibility that the druggist might have given Dr. Hart something other than sulfonal, or that thirty grains of sulfonal, taken in connection with his many wounds and diseased organs might have caused his death. Certain it was that the doctors had not definitely found the cause of Sheedy's death. First they had declared it to have been caused by compression due to the blow, and after the autopsy, when they found they had made a mistake in their diagnosis, they had to find an excuse for that mistake.

The speaker then took up the confessions of his client and endeavored to show that many of the things he was reported to have said were very impossible. He ridiculed the idea that Mrs. Sheedy had ever frightened Monday as the latter claimed in that confession that she did, and contended that it was very improbable, as Monday must have known that had he gone to Sheedy and told him all. Sheedy would undoubtedly have protected him. He read from the confession wherein Monday had told of having once borrowed a revolver with which to commit the murder, but had returned it and didn't remember from whom he had borrowed it. he contended that this was improbable, because the detectives had never discovered from whom Monday had borrowed any such weapon, which they would certainly have done of he had ever borrowed one.

He dwelt in ridicule and denunciation upon Monday's story of how Mrs. Sheedy had beaten him and even referred to his clients as "this poor, miserable negro" to the confession as "this poor, miserable statement," and to the state ad this "blood-thirsty, miserable prosecution."

At 5:30 Mr.Woodward informed the court that he at a good place to break off for the night and an adjournment was taken until 9 a. m. to-day. Notwithstanding the fact that he had talked for an hour and forty-five minutes, Mr.Woodward replied, when asked as to how near he was to the end.

"I have just got fairly started and will probably require all to-morrow forenoon.

It is probable that Mr. Stearns will follow him, and then will come in order Messrs. Hall, Philpott, Strode, and Lambertson. It will be seen that the arguments will hardly close before to-morrow evening.

Why She Didn't Testify

It will be remembered that it was stated in these columns that Mrs. Sheedy insisted for a time upon being permitted to go upon the stand. She had confidence in her sagacity and ability to battle the inquisitiveness of the opposing counsel. It would undoubtedly have been a trump card in her defense had she been able to stand a credible examination and it is probable that attorneys would very much have wished her to go on had they been assured of the security in so doing. Some of them were not. To settle the matter, it is related, they concluded to put some questions to her themselves. She answered satisfactorily, it is said, until Mr. Stearns asked what there was in those notes she sent to Walstrom by young Klausner.

"Must I answer that?" inquired his client.

"You will certainly be required to do so if you go on the stand," was the reply.

"Well, then, I won't go." is said to have been her reply, and she didn't.