98

A GREAT TRAIL.
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The Sheedy Murder Case
Progresses Slowly.
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The Proscution Contend for
the Admission of the
Confession.
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MRS. SHEEDY TESTIMONY OFFERED.
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The Same Given at the Coroner's
finquest-Was McFarland Sworn
at That Time ?
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Making Haste Slowly.

In the Sheedy case now on trail the matters addced yesterday relative to the exhuming of portions of John Sheedy's body caused considerable gossip, and more so, too, when it was learned that some of the organs were taken away from the city by Prof. Haines of Chicago. This prompts the query on the part of some as to when Prof. Haines is to give his testimony in the case he has become so intersted in.
So far few seem to know but it is thought he may be here in a day or two.
YESTERDAY AFTERNOON.
The largest crowl of ladies yet noticed at the trail was seen yesterday afternoon when court opened.
He not having been cross-examined when a resess was taken Dr. Everett took the stand again and was questioned by Mr. Strode.
Witness made the remark to Sheedy then told him he had not been shot, but struck. Witness after examing it thought it not a servere wound. No medicine was given by the witness, suggested the giving of morphine, but Dr. Hart. who knew the effect, it would have on Shedy from a previous occasion. protested and it was not given. Witness feared that he would sustain a profound shock and this is why the morphine was suggested. The symptoms of profound shock and morphine poisoning
ARE MUCH THE SAME,
the former producing unconsciousness paralysis, loss of function, etc., the same as a toxic dose of morphine. At the time of the coroner's inquisition witness may have thought and said death resulted from delayed shock, but does not think so now. Compression of the brain might have caused his death, but taking everything into consideration the witness is of the opinion that morphine caused it. At the coroner's jury and before the autopsy witness believed he did say that the blow was the direct cause of his death and nothing else." Witness did not know what had been given Sheedy when he returned to the house at 4 a.m., not having the case, but was told only the three powders of sulfonal ; sulfonal will produce sleep in one hour, Fifteen grains would be about the proper dose for John Sheedy. If morphine were given in hot coffee it would generally act quicker;
hot coffee will act to disolve morphine. A toxic dose given in that way will manifest itself in form five to thrity minutes. There is
NO DEFINTE TIME
in which death would ensue in such event. There was an increased quantity of fluid about the brain of John Sheedy. This could be produced by various things. Morphine or opium poision would do it. John Sheedy was laible to die at any time. even had this blow not been given. In his opinion death was produced either by morphine poisoning or the injury to the skull.
There was nothing at the postmortem to indicate morphine poisoning except fluid on the brain, which might also be accounted for from other causes.
DR. MTCHELL'S OPINION.
Dr. Mitchell being called and sworn testified in substance that he thought the death of John Sheedy was caused by compression. Witness has not chnaged his opinion as to the cause of death. He then gave the symptoms of compression of the brain. The symptoms of John Sheedy could be accounted for by compression. The effects of compression are not necessarily immediate; the manifestations may be defrred for hours. Cross-examined by Strode, the witness reiterated his statement that in his opinion death was caused by compression. This was the extent of it and the doctor was excused.
PHOTOS GO IN.
S. M. Melick was then recalled and identified the photos of the John Sheedy residence in the different positions, etc. and the same were offered in evidence.
but objections were offered ny Counsel Strode on the ground of improper identification. nothing to show when the photos were taken, no occasion for them, being immaterial and irrelevant.
The objections were overruled and they were placed in evidence.
Mr. Stearns of the defense asked the witness if in January last the tree, as now represented in the photos, were covered with foliage. The witness did not think they were and the attorney suggested that under these circumsatnces that the photos were not thern a true representation of the premises at that time.
This concluded the testimony of this witness and there bing but two witnesss yet to be examined for the proscution and they being out of the city adjournment was taken. These two are Mrs. P. H. Swift and Steno-grapher Wheeler, the latter being
desired to testify as to the corrections of evidence of the corner's jury, offered in evidence earlier in the day.
DENNIS SHEEDY TO COME
Learning that the proscution would conclude its testimony today Mr. Strode made a formal demand on Mr. Lambertson to have Dennis Sheedy here by tomorrow and was assured that he would be here, the judge directing that he besummoned. Complaint was made by Mr. Strode to the affect that Dennis Sheedy jr. had been clerly steered out of the hands of the defense by the prosecution.
who enodorsed him as their witness and then did not use him, well knowing at the time he would not be used. Relying on the intention of the prosecution to have him, the defense made no effort to get him, and now his whereabouts is unknown.
TODAY.
The first witness called this morning was T. C. Munger, a member of the coroner's jury. Witness saw Monday McFarland when before the coroner's jury.
His recollection was that McFarland was not sworn at that time, having stepped aside from the stand on that occasion to allow another to testify. The witness heard McFarland talk at that time, he making a confession.
Objections were made by Mr. Strode on the giving of this confession by witness on the grounds heretofore offered, namely, that at the time McFarland was under arrest charged with murder, that an alleged confession had been made prior thereto and was in writing, that the first confession was extorted and that before the corener's jury was made under eath. The defense then cited authorities to show that in cases where a prisoner makes a confession under oath on the motion of the prosecution or before a court of inquiry is inadmisaanle in the trial.
Mr. Snell cited authorities holding the opposite and maintaining that in such a case the coroner's jury took on the same functions as an examining magistrate.
Mr. Lambertson also spoke on the matter, saying it was not only a thrice- told tale, but a tale told four times in pracitcally the same way and hence must have been voluntary, He also cited authorities. Mr. Lambertson held that McFarland had an attorney. (Phillpot) at that time and had been advised by counsel.
" Yes, " replied Mr. Philpot, but you stole my client and run him off up to a coroner's jury unbeknown to his counsel !"
" And furthermore, " interposed Mr. Strode, " It was a secret session of the coroner's jury, behind closed and barred doors and where the attorneys of the parties were thrown out---the first case ever known in the country."
Judge Weir of the defense held that the common law rule must prevail in this case and therefore the confession would be inadmissable.
Mr. Philpot then stayed that McFarland in being brought before the coroner's jury Malone and Melick again held out inducements, kept telling him to remember what he had told to them so that he could repeat it to the coroner's jury. The speaker then retold how McFarland had been covered for many days nad many nights by Malone in getting this confession, claiming that his client had not been given an opportunity to be advised by his counsel or to learn the value of his silence.
Mr. Strode offered the subpoena as evidence that McFarland was summoned before the coroner's jury to testify. Stenographer Wheeler 's notes showed that McFarland had been swors.
CONFESSION INADMISSABLE.
Judge Field in ruling that the confession was inadmissable stated that the Ruff case of this state was his authority and it was clear that confessions so made were inadmissable/
S. M. Melick was recalled and testified that McFarland was sworn at the coroner's jury.
Jailor Langdon being placed on the stand believed that McFarland was sworn, but prior to the commencement of any of his testimony.
Dr. Holyoke, the corener, testified that he administered the oath to McFarland. He further acknowledged the subpoena on which he was brought before his jury, McFarland being brought by officers from the jail.
Deputy Sheriff H. V. Hoagland was called and testified that it was his belief that McFarland was not sworn. Did not remember that McFarland stood aside to allow another witness to testify.
MRS. SHEEDY'S TESTIMONY.
Stenographer Myron Wheeler was recalled and stated that Mrs. Sheedy was before the coroner's jury on January 15
Witness also had the notes of her testimony at that time, which were offered in evidence. As this testimony was given in evidence before she was charged with the crime no objection was raised by the defense. but this was changed and objected to on the ground that it had nothing to do with the case, the matter being immaterial and irrelevant. This objection was overruled and the witness began the reading of her statments relative to her former marriages, which was then objected to and the judge sustained them.
Mr. Lambertson held that all this was necessary to establish her credibility.
Mr. Strode claimed by this holding of Mr. Lambertson he was simply endearoring to work upon the jury by traducing her cahracter.
The court held that this particular matter was of no direct bearing on the case,
The reading continued and was in substance that Mrs. Sheedy had been married three times ; lived two years with the second husband, George A. Merrill ; married Sheedy at New Orleans. After Sheedy had been stabbed he was afraid of being killed, the fear had been renwed six months ago.
After the assault prior to the last, she talked with Sheedy about it a great
deal and both were of the opinion that it was a robber who fired. The last assault was talked of but little by them.
He always said he did not know who did not know who it was who wanted to take his life. She never heared him mention the name of Alex Jetes in connection ith troubles he had with gamblers, but had heard the name of Gleason mentioned there with. Sheedy never told her of his troubles. He had not been out lunch one the day prior to his last assault. In the evening he concluded to go to the Capital hotel. but she was ill and did not want him to go and leave her alone, but he said he would not be gone long and she helped him on with his overcoat ; she usually went out on the porch or walked part way up town with him, but en this evening she
WAS NOT FEELING WELL
and he started out the parlor door alone, she starting for the kitchen. She heard the door close behind him then the shooting and ran to his assistance. The front blinds were all up that evening, but all the other blinds were down. The domestic was away from home that night. Once she went out for a pitcher of water but saw no one.
The day before the night of the assault on Sheedy he appeared happier than for years, claiming his mind was freer from trouble. He thought the man who struck him wall a tall, heavy man, and from his talk she believed he thought he was badly injured.
The testimony from members of the coroner's jury as to whether or not Monday McFarland was sworn was then resumed, Robert McReynold's taking the stand and giving it as his belif that McFarland had not been placed under oath before the jury.
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DEATH'S MARK.
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W. W. Holmes Dies Suddenly
this Morning of Apopiexy.
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While Reading the Morning Paper
He Expires and Found Dead
in His Chair.
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An Old Settler.
The news of the death this morning of Hon . W. W. Holmes at this home, corner of Twelfth and J streets, spread very rapidly and was a great surprise to his many business associates and acquantances who only yesterday saw him in apparently the best of health.
The particulars of his death as learned are that about 7 o'clock this morning. shortly after breakfast, Mr. Holmes had taken the mornng paper and was reading it while Mrs. Holmes and members of the family were about the house enaged in early morning duties. The first notice of his death was finding him in his chair with his head forward on his bosom and investigation showed that he was dead, evidently from a sudden attack of heart troble or apoplexy. For a few days past Mr. Holmes had complained a little of some trouble with his heart. which seemed later to be transferred to his stomach, but it did not appear to be of any especial importance and he had kept his regular business habits and daily work. Last night he attended the Episcopal services at Trinity church and expressed himself very much pleased with the services and the fact that his son, a lad of about 10 years, was doing so well in the choir, and retired in unusually good spirits. Mr. Holmes was one of the old settlers of Lincoln, coming here in 1869 from Mechanicsville, New York. He brought with him some means which by prudent investment had accumulated quite a fortune, being estimated at about
$ 300, 000. He built one of the first brick blocks in the city on South Eleventh street, now occupied by H. W. Brown's drug store and Mauritius' dry goods store . He had considerable property in real estate and was largely interested in two or three of the national banks of the city and the Farmers and Merchants Fire Insurance company. At the time of his death he carried $ 25 000 in the Northwestern Lif Insurance company and polic s in one or two other companies. He was born near Saratoga New York and was about fifty-six years of age. He leaves a wife, and one son about ten years old. Mr. Holmes's relatives are nearly all living east.
The funeral will take place from the residence Friday afternoon at 2 o'clock, the services being conducted by Rev. John Hewit of Trinity church.
Mr. Homles has always been interested in the development of the city of Lincoln, and has done much in business circles to advance the city's interests and his loss will be felt by his associates and friends.
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