99

THE DEFENSE
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In the Great Sheedy Trial Now
Begins.
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Two Men Seen on the Premises
While Sheedy Was
Shooting.
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YOUNG WITNESSES : WOEFULLY MIXED
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Mrs. Swift's Testimony Salacious
Sheedy's Body-Caused on
the Stand Today.

Fighting for Life.

The state closed its evidence in the Sheedy murder case yesterday evening and the defense began today the taking of testimony, the evidence thus far going to show the happy marital relations or Mr. and Mrs. John Sheedy, and to bring out that two men were seen to leave the premises while the shooting was in progress.
The closing testimony of the prosecution was not without interest, as will be seen by the proceedings
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Yesterday Afternoon.
Prosecuting Attorney Snell testified that in his opinion McFarland was not sworn, as he was present at the inquest.
McFarland had left the stand to permit Goldwater to testify and returning to it continued his testimony without taking the oath.
Stenographer Wheeler was recalled and said he did not make any mark to show whether or not McFarland had left the stand. He found no break In his notes. Mr. Wheeler thought McFarland was sowrn in taking his seat and notes show it.
The notes of the stenographer were then offered by Mt. Philpott to show that McFarland had been placed under oath at the coroner's inquest where a confession was made.
Mr. Hall then offered to have Mr. Wheeler read that confession and Mr. Strode entered the usual objection. holding that it was while in durance, while under oath and without the knowledge or consent of his counsel.
Mr. Philpott then took the stand and
EXAMINED HIMSELF,
for the purpose of showing that his client as deprived of counsel. He had proceded for five minutes to ask him-self questions and answer them, the re-
porter putting on paper, when objection were raised, but this was obviated.
The burden of his self-examination under oath was to the effect that he was denied the privilage of seeing his client prior to and at the time of the coroner's inquest.
Questioned by Hall : He first consult-ed with McFarland at the jail as his attorney, the day after his arresy, and then for short interval thereafter.
It was then admitted that McFarland was held in the county jail for the murder of John Sheedy and was conveyed as such prisoner to and before the cornoer's jury, being the day on which an alleged confession was made by him, by in officer of the law.
The court held in the matter of the admission of this confession since there was a question as to whether he was sworn or not, that it must take the course of the former and go to the jury for what in their estimation it was worth.
Myron Wheeler then began the reading of the confession as made at the inquest. it being virtually the same as he had made twice before and at the time published in the papers. It was read to the jury in the same low tone characterized his former reading to that body.
WHAT MRS. SWIFT KNEW.
At the conclusion of this reading Mrs. Patrick Swift took the stand. She had known Mrs. Sheedy about two years ; frequently visted Mrs. Sheedy for four or five months prior to Sheedy's deats ; thought Mrs. Sheedy wen Buffalo in the latter part of July or first of August and returned in the fail ; thought she went there for medical treatment, as she was in delicate health ; saw her after she returned; had some conversation after she returned about her relations with Mr. Sheedy ; she said her husband was very jealous of her ; and she didn't speak of him as if she liked him as well as most women like their husbands ; she said it was because he was jealous of her and didn't want her to do as he wanted to in some this ; didn't even want her to have any lady friends ; couldn't remember just what she sad as to her feelings for him. Mrs. Sheedy told witness that Sheedy treanted to kill her ; a quarrel ensued over relatives.
Witness said that when Mrs. Sheedy told her that her husband was going to shoot her witness laughed and told her that she had heard it was because she had given her ring away and told her husband that she had lost it. To which Mrs. Sheedy replied that that was not what the trouble was about ; that it was about her relatives. At another time Mrs. Sheedy had told her that she was very unhappy and had the blues awful bad, because Mr. Sheedy was so jealous of her that she couldn't enjoy herself at all. Wintess had once said :
" Mrs. Sheedy, you ought to be happy ; you have everything that heart can wish for, and as so much more comfortably situated than many others. "
Mrs. Swift, give me a workingman any day to live with in preference to the man I live with ," was Mrs. Sheedy's reply.
" She always held out to me that she
would give anything for a child. Two or three months after she returned from Buffalo she told me she was in delicate condition, but didn't intend to have a child. Some time afterward told me she was all right ; that she had used something herself and was all right ; that did this because her husband was mean to her at that time.
Mrs. Sheedy once told me that she had fixed to leave him : that was about the 1st of November, after she had returned from Buffalo."
On one occasion witness called at the house to visit Mrs. Sheedy and was met at the door by the sevant girl, who did not invite her in. She inquired if Mrs. Sheedy was at home and the girl replied affirmatively. She asked if she might see her. The girl soon informed that she might. When she went in Mrs. Sheedy came out of the bed room in a few minutes. In a little while she excused herself and went back into the bed room.
" Did you see anybody else in the bed room?"
"No, sir "
"Could you see into the bed room? "
"No, sir."
"What was Mrs. Sheedy's condition?
was she sober?"
"I can't say but what she was. I don't rember that she not."
"Did you hear any noise in the bed room at the time ?"
"I can't say that I did."
Cross-examined by Strode, witness said she and Mrs. Sheedy had drank wine together. Mr. and Mrs. Sheedy seemed to get along happily. Witness was not in a delicate condition at the same time Mrs. Sheedy was. Witness visited Mrs. Sheedy at the jail once. but did not tell Mrs. Dean that the state had been to see her. Witness was told by Mrs. Sheedy that was not able to bear children ; this was when she went to Buffalo, N. Y. Witness could not state how many times
SHE MET SHEEDY
at his home during the absence of Mrs. Sheedy in Buffalo. Questioned by Lambertson witness stated that she had four childern. She admitted that Mr. Strode had been to see her and told her that her testimony would be more convicting than anything else. She could not say that Strode told her if he had known that she was going to testify to what she knew he would have come to see her. Witness denied having received a present from John Sheedy on Christmas, but acknowledged having received silk stoking from Mrs. Sheedy as a present the day before Christmas; if she had known they came from Sheedy she would not have accepted them.
Mrs. Swift was recalled and stated that she had had a conversation with Mrs. Sheedy after the first assault was made and she said : " You see, Mrs. Swift, somebody is after John and they'll ge him yet. I have a presentament that something is going to happen. "
THE APPRAISMENT ENTERED,
Mr. Hall then offered the appraisement of the Sheedy estate as evidence, but objection were raised on the grounds that it was immaterial, irrelevant. This appraisement of value placed it at $ 57, 483. 23. The objections were overcome and this was admitted.
FINAL ANALYSIS- NO MORPHINE.
In closing the work of the procsecution Mr. Hall stated that the state had caused a chemical analysis of the stomach of Mr. Sheedt to be made by Prof. Vaughn of Ann Arbor, and the result was that no morphine had been found. Therefore the prosecution caused the disinterment of the balder and kidneys of the deceased and these were given Prof. Haines of Chicago for anaylsis and the result of this examination was announced last Monday, there being no morphine found in these organs. Still the prosecution believed morphine had been administered and would continue the case on this belief.
This finished the work of the prosecution and the defense asked that recess be taken until this morning.
The Defense Begins.
The first witness called this morning, the beginning work of the defense, was C. O. Whedon, who knew Mr. and Mrs. Sheedy and from all he saw thought their relations were pleasent. He had never seen McFarland around the place.
WAS HIS FRIEND.
Lew Franklin called and sworn, testified that he was at the house of Mr. Sheedy on the night of the last assault ; saw Mrs. Sheedy and she evinced considerable love and solicitude for her husband, calling him dear and administering to his wants in every way. Remember the time he was stabbed and how Mrs. Sheedy acted at that time, which was every way indicative of a regard for her husband. Cross-examined : Sheedy was warm friend of the witness and had known each other for twenty years. Called there the last time about the time of the last fall races; went there to tell Mrs. Sheedy, as her husband requested that "John was a winner. " Witness liked Mrs. Sheedy for the same reason that he liked john and "liked 'em both." Never knew of Sheedy being sick outside these assaulys upon him in all the twenty years witness knew him. He was a grand man personally. charitable and proud.
Wilber Mayes was the next witness. He knew Sheedy in life and has an office across the street from his late residence. He remembers the last assault upon Sheedy and was at the Tranist hotel at the time. He heard the shots and
SAW TWO MEN,
one running along the west side the house and another passing down the walk leading to the alley, both going in rge same way. The man on the west side disappeared over the fence and through the alley north of the Burrblock. Cross-examined witness could not say whether or not they were policemen.
A Hitchcook, a young man who heard the shoting, was on Thirteenth
and O at the time enroute to church with George Curry. He started towards the scene of the shooting and
MET TWO MEN.
They were going south on Twelfth. Could not tell the color of the men, but they were runing; they were medium sized men wearing slonch hats.
Witness then went to Sheedy's house and found four or five persons there.
This was near 8 o'clock. Cross-examined by Hall : Witness staid at Sheedy's place about 20 minutes; then went to Red Ribben hall and found service over.
Witness works at teaming his father hauling dirt for the city. Went to town from his home on V via Thriteenth street. When last shot was heard witness was on O between Twelfth and Thirteenth. Moon was shining at times. being them in the southeast. Didn't tell the attorneys for the defense anything about all this until today. The men were seen at the alley south of Sheedy's house south. Didn't have on police men's clothing or hat ; both were about the same size. Heard that several others had seen these men running; didn;t know who told him ; saw no buggy at the house; didn't go in the yard immediately.
George Curry, aged 17, was then called. He did not know John Sheedy. Heard of him being assaulted, and was at the house. Was with A. Hitchcock on that night, going west on O when he heard the shooting. When Twelfth was reached he saw two men coming south from the Sheedy place, not far from the alley ; they were running and disappeared back of the opera house. Couldn't tell whether they were white or black. After they had gone witness went to the Sheedy residence. Cross-examined witness said he went directly in the the yard and looked in the window but saw only one man. Patrol wagon came when he had been there about one minute; a back was also in front of the place. Had started for church about 7 o'clock and when he get there church service as not over. Went stratight home from Sheedy's and got there 9:15.
Had been to church before the shooting ; didn't go to church after being at Sheed's. Was at Red Ribbon hall after he had been at Sheedy's. First went to Red Ribbon hall, staid few mintes then went to Methodist ; went in and staid fifteen minutes then started home going to M then to O on Thirteenth, heard shooting and went to Twelfth and O. When last shot was fired was athe corners. Pretty dark that night; no moon. The men were in the middle of the street ; both men were about the same size ; one was not ahead of the other but one was just behind the other. "
A FAMILIAR FIREND.
Mrs. Carrie Hatch took the stand. She knew John and Mrs. John Sheedy. Was familiarly acquainted with them.
She called at the residence four weeks after Mrs. Sheedy's return from Buffalo. Her opinion was that Mr. and Mrs. Sheedy were loving. She was at the house a few hours before he died. Mrs. Sheedy was kneeling beside the bed when witness was there appealing to her husband to arouse him to see if he recognized her. Mrs. Sheedy was the only one attending him when witness called. Cross-examined by Hall, witness stated she was the wife of the Dorrie Hatch ; could not say that Dorrie had been rendering any assistance to the defense. She knew Mrs. Sheedy prior to her marriage with John. and when they were living over Brown's saloon. Did not call on Mrs. Sheedy but once in the time intervening between her return from Buffalo and the assault on Sheedy. She did not tell witness what her mission to Buffalo was other than for medical treatment. Mrs. Sheedy told witness John had a queer was of showung his affection since he did not meet her at the train.
SHE SHOWED EMOTIONS.
drafts at the bank for Mrs. Sheedy. Had never remarked after the assualt that it was what he had expected would happen.
SHEEDY'S BODY GUARD.
A. W. Carder an ex-police officer was called. He knew John Sheedu for sixteen years. He was empolyed by Sheedy shortly before his death to watch a couple of men.
Witness was asked who they were and the prosecutio n objected on the grounds that it would not be susceptible of cross-examintion, and because such testimony could be easily manufactured.
C. A. Carpenter, a witness for the prosecution was also one for the defense. He was at the house the night Sheedy was assaulted ; saw Mrs. Sheedy and she seemed very much affected; saw Mrs. Sheedy after John's death and she seemed more affected than before. A few days after the funeral and seemed in about the same down-hearted contition that a women would be in under the circumastances. Cross-examined by Hall : Witness stated he had performed errands for Mrs. Sheedy, but had never purchased any
Judge Weir, who was conducting the examintion for the defense, held that this testimony was adissable on the ground that this witness was employed by Sheedy prior to his death and had conversations with him up to the hour of death and the testimony was wanted for purpose of the rebuttal. Citations were made, and Mr. Lambertson to the fact that similar testimony had been adduced by the prosecution and surely the defense would be allowing this testimony for rebuttal. Mr. Hall maintained that such evidence approched too nearly the realms of speculation, as it would tend to show that Sheedy merely had a suspicion, an impression and unfounded.
The court held that the questions asked were away prior to the first shooting.
Judge Weir asked him to describe his conversation with Sheedy, but an objection was raised and the question was dropped until after dinner.