166

Saturday.

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The Evidence Continued

Following the evidence given by Chas. Carpenter yesterday afternoon Gus Saunders, the well known saloon keeper, was summoned to the stand. "I have known Mrs. Sheedy since 1881, but could not say whether or not she was legally married to Sheedy. I cannot state when she was united in marriage to Sheedy."

"When did she first live with him as his wife?" was asked.

Council Philpott objected, but was overruled, and witness answered:

"It was either during 1881 or 1882, when they occupied rooms in the Quick block; was in and around the block more all the time, and frequently saw Mrs. and Mrs. Sheedy passing in and out."

Counsel Philpott at the juncture interposed an emphatic objection against bringing Mrs. Sheedy's reputation up for discussion or investigation.

The question was asked: "Do you remember the time this woman and John Sheedy went to New Orleans?"

"In 1885 or 1886."

"Was Sheedy and this woman man and wife at the time they left for New Orleans?"

Instantly, not Philpott alone, but the numerous counsel for Mrs. Sheedy and McFarland were on their feet, executing an excited war dance in behalf of Mrs. Sheedy. The confusion was similar to what one would witness at a convention of business. The usual dignity of the sedate Judge Weir was disturbed, and as for Strode he seemed bordering on the verge of lunacy, while Stearns presented his wrinkled front, and wildly pawed the air. It created a greater furore, if tha its possible, than the mention of the name of Detective Malone, and that is useless.

Strode vehemently asserted that Lambertson was attempting to blacken and smirch the character of Mrs. Sheedy, which he insisted, should not be permitted. Lambertson, like the boy who had sprinkled the floor with cayenne pepper at a country dance, leaned leisurely back in his chair and smilingly watched the animals perspire and canter around. Having enjoyed the scene for several minutes Judge Field ruled against the admission of the question, and order reigned once more, and sustained the position taken by counsel for the defense. Saunders was then excused.

Peter Compton, a colored barber, was next examined and testified: That McFarland worked at his (witness') father's shop and was in the habit of shaving John Sheedy, for which almost invariably he gave him 25 cents; that McFarland had been employed by Sheedy to shampoo and dress his wife's hair; that the day prior to the assault upon Sheedy McFarland had gone down to the Sheedy residence at the request of deceased and remained about two hours.

MRS. SHEEDY'S ERRAND BOY TALKS.

Johnny Klausner, the bot who had roomed with Walstrom, and who was accustomed during Walstrom's stay in the city to carry numerous baskets of lunch from Mrs. Sheedy to Walstrom's room, was the next witness Johnny, though evidently possessed of vital and interesting information, manifested considerable reluctance to und=burden his mind, and confined himself to briefest possible answers to question, volunteering nothing. This testimony was as follows:

JOHNNY'S STORY

"I am nineteen years old. I worked at Mr. Sheedy's in 1886 and 1887 for my clothes and board and wen to school. I left there in 1887. Since then I have occasionally run errands for them. I think Mrs. Sheedy went east sometime in the spring of 1890. She came back, I think, last Septemeber. After she returned she told me she expected a friend named Harry Walstrom from Birmington Ala. Shortly after that I sais to her that I did not like the room I had and she suggested that Walstrom and I room together. This was after Walstrom had arrived here. Two or three days afterwards Walstrom came to the Windsor hotel, where I was working, and we made arrangements to room together. I selected a room in the Heater block. He was to pay $8 of the rent and I $4. We roomed together about three months and a half; run a number of errands for Mrs. Sheedy during the time; carried notes for her to Walstrom; I carried notes also from Walstrom to her. She never addressed the envelopes containing her notes, neither would Walstrom address the envelopes that he sent to Mrs. Sheedy. The envelopes were always sealed. In case Walstrom was not at home he instructed me to leave the notes in a certain drawer. Mrs. Sheedy told me to come always about 4 o'clock to deliver the notes; I never saw Sheedy there when I delivered them; I never told Sheedy that I was carrying notes to his wife; I carried three or four baskets of victuals to our room; there was chicken and other victuals in the basket; once or twice there was a bottle of proper; Walstrom and I used to eat and drink these things together; Mrs. Sheedy never gave me anything like that to take to my room when I was rooming alone."

During this recital one of Mrs. Sheed'ys sisters looked at he inquiringly. As the witness continued to look developed gradually from one of interrogation to one of surprise and the to one strongly resembling disgust. The witness the continued:

"Two or three days after Sheedy was buried I carried a Package of some soft material from Walstrom to Mrs. Sheedy. The day Sheedy died Mrs. Sheedy told me to tell Walstrom to be sure and be at the funeral, or she would not think anything of him."

Great difficulty was experienced by the attorneys for the prosecution in getting these facts out of the witness. Suddenly Hall asked the witness:

WAS COACHED.

"Hasn't Strode, the attorney for Mrs. Sheedy, had you up in his office?"

The witness colored up, hesitated and finally said:

"Yes, sir."

But little more was gotten out of the witness concerning that visit except that Strode had him read over his testimony at the preliminary examination. Hall then asked:

"Have you been up to see Mrs. Sheedy at the jail lately?"

"Yes, sir," was the reply.

"How many times?"

"Twice."

"Who took you tot the jail each time?"

"Mr. Strode and Mrs. Dean, sister of Mrs. Sheedy."

Nothing more could be learned from the witness as to what was said at the time of these visits. In reply to other questions the witness said;

WANTED A DIVORCE.

The afternoon of the day that Sheedy died Mrs. Sheedy told me to tell Walstrom that she was afraid Sheedy was going to die. One day last summer when i was the Sheedy residence Mrs. Sheedy came into the house crying; she said she wanted to get a divorce from Sheedy because she couldn't get along with him; said her husband was jealous of her."

It required about ten minutes to get this last statement out of the witness Mr. Hall then asked:

"Didn't Mrs. Sheedy tell you that she thought a great deal of Walstrom?"

Strode, Mrs. Sheedy's counsel, objected that it was a leading question. Then Hall arose and addressed the court. He declared that the manner of the witness was sufficient to indicate that he was under the influence of the defense and that the only way to get any testimony out of him was to ask him leading questions. The judge acquiesced and admitted that under the circumstances such questions were necessary. The witness the answered:

"Yes, sir."

Mr. Hall then asked:

WOULD NURSE HIM.

"Didn't Mrs. Sheedy say to Walstrom that if ever he got sick that she would come up and nurse him."

Counsel Strode objected, but was overruled and Johnny answered "yes."

Owing to the visible reluctance of the witness to reveal anything he could conceal, Counsel Hall, Who was conducting the examination, asked permission to cease further effort in this direction until he could secure a copy of the boy's testimony given before the coroners jury, as counsel for defense had refused to extend the courtesy of permitting him to use their printed copy. Col. Philpott mounted Pegasus at this, and entered into the controversial arena, with a pyrotechnic display of excited oratory that paralyzed the court, spectators and counsel. The brilliant and combative, but attenuated counsel for McFar and objected to proceeding with the cross-examination of witness until the prosecution should have gotten through with him. Then followed an extended squabble, which was terminated by the court excusing Johnny in compliance with the request of counsel Hall.

Strode, stung by defeat and exasperated beyond endurance, recalled the witness, and while his face glowed with the heat of suppressed rage, he bombarded Johnny with the following questions:

"Johnny, weren't you a prisoner for ten days because they thought you knew more? Didn't they try to make you tell lies? Didn't Malone and Pinkerton detective hound you, attempting to get you to say certain things that they wished?"

"hold on," said Lambertson. "Give the witness a chance to answer." But the witness had already managed to get in a number of "yeses" somewhere during this fusilade.

Then Hall took the witness and asked him if he had ever volunteered and information of any kind to the prosecution to which he replied:

"No, sir, I didn't wish to be a witness."

"When first approached by Malone did you tell him anything about carrying notes?"

"No, sir, I didn't tell Malone anything about carrying notes and eatables back and forth from Mrs. Sheedy. I didn't propose to tell anything he didn't ask me about. I carried a ring pouch from Mrs. Sheedy to Walstrom."

Stearns then made some sarcastic remark about Detective Malone, whereupon Lambertson reported:

"If Jim Malone should happen to die I don't know what you fellows would have to kick about."

The witness was then excused sand court adjourned.

Albert Katzenstein called and worn: Live 1810 E street. In the month of December I was working for Herpol sheimer. I know Mrs. Sheedy by sight, and saw her in the store on or about Christmas, when she bought two gentleman' night shirts, I cannot tell the size. They were of good quality and nicely embroidered. I can't say whether I ever saw them after they were sold. My attention was called to two night shirts after Mrs. Sheedy's arrest, by Officer Malone. They were embroidered on the front, and similar to the ones I sold to Mrs. Sheedy. They were unlaundried when I sold them, and were in the same condition when shown me the second time, though badly wrinkled up and somewhat mussed. Mrs. Sheedy did not say anything at the time she bought the shirts to indicate for whom they were intended. I knew John Sheedy and would call him a large man. I cannot recollect the size of th eshirts and can not swear that the shirts shown me by Malone and Herpolsheimer were the same ones I sold to Mrs. Sheedy or not.

I thought they were, but am not sufficiently positive to swear to their identity. The shirts had white insertion in front, a pink edge and embroidered; we had similar shirts in stock but did not make a comparison to see whethet or not the shirts shown by Malone were identical with those in stock. I have talked to Colonel Billingsley relative to what I knew about the matter; I met the Colonel at Coffee Joe's eating dinner one day when I brought the subject up and he questioned me about the shirts.

Cross-examined--I do not pretend to remember accurately the exact appearance of the shirts I sold Mrs. Sheedy, but, as I said, they were almost identical in appearance; I cannot recall that she said "If these shirts do not fit my husband you will permit me to return then and make an exchange." There was something said about exchanging, but I cannot remember that she said anything about her husband; she asked for the hosiery counter and I transferred her to that department; I think she had made some purchases before coming to my counter.

Witness excused.

James Gatchell called and testified, Have lived in city for four years, I work at the hosiery counter at Herpolsheimers. Know Mrs. Sheedy and she was the my counter two or three weeks before Christmas. I sold her at that time three pairs of hose, No. 9 1/2. That is a smlal size. They were black cotton hose and cost thirty-five cents per pair. I saw the hose afterwards, when they were shown to me by Officer Malone. They were the same hose I had sold Mrs. Sheedy. Did not compare them with stock, but because we had none left. This was two or three weeks after the murder The house had never been laundried or worn so far as I could observe.

Cross examination--They were men's socks. I had two additional pairs of the same size left and sold them. The reason I recall the pairs sold Mrs. Sheedy because I had expected her to call for a larger size.

Harry Shaffer called: Knew John Sheedy, and live right around the corner from his residence; was at his house once before his death, and twice after he died; I went in the house the evening he was assaulted and had a talk with him; I asked him if he knew who it was that struck him; he said he did not know who it was that had tried to do him up; on Monday between 2 and 3 o'clock I went in the house; I was standing at the foot of the bed when Mrs. Sheedy stepped to the bedside, and taking up her husband's hand in her's, kissed it and said: "If John dies it will kill me, I don't believe he was hurt very bad, but think they have given him something to put him out of the way'.' I was the only person in the room at the time, though Dr, Hart, who was sitting in the adjoining room, stepped in almost immediately; I do not think Hart overheard the remark; she manifested only slight symptoms of sorrow during the time I have mentioned; she was very quiet and self-constrained.

Cross-examined--I was at the house three times on Monday and once on Sunday. Dr. Hart was int the next room. It was 2:03 p. m. I went to the house about 1 o'clock. I was absent about an hour and a half. Dr. Hart, Dr. Everett and Charley Carpenter were in the room and probably assisted Sheedy to bed. I was holding the sponge while Sheedy's wound was being sewed up, but went out to wash my hands, Mrs. Sheedy may have helped her husband in bed, but having vacated the room I cannot state positively whether or not she assisted in getting him to bed. The reason I recall with such distinctness the words of Mrs. Sheedy at the bedside is because her remarks and manner impressed me as being pregnant with fignificance.

MRS. SHEEDY BUYS NECKTIES

Juror Smith called: Live in the city and was employed as a salesman selling clothing and gents furnishing goods at Schwabe. I recollect seeing Mrs. Sheedy in the store about Dec. 20th last, in company with Mrs. James Hood. They were looking into the show-case and admiring some neckties; they liked the pattern and Mrs. Sheedy said if one of the ties that captured her faney was a four-in-hand instead of a puff tie she would buy it; finally she bought two ties, paying $3 25 for them. I was afterward shown one of these ties by Officer Malone and recognized it as the one I had sold to Mrs. Sheedy; it was the same tie in every respect; the reason i am so positive is becuase I had picked it out for myself, and believe the tie shown me was the one i sold to Mrs. Sheedy.

Cross-examination--I did not before and have not since seen a tie like it, and, therefore, believe it was the same tie Mrs. Sheedy purchased from me. Yes, it is possible that there might have been similar ties sold in the city, but i have never seen one like the one I refer to. Excused.

MEDICAL TESTIMONY

Dr. Beachly was next put upon the stand and examined at great length, obviously to discredit the theory advanced by defense that Sheedy had died from the effects of concussion of the brain superinduced by a blow upon the head, and to strengthen the position of the state that his death was the result of morphine poisoning. The general tenor of his testimony was favorable to the latter proposition. He testified as follows:

"I have resided in Lincoln eleven years, and have been a practitioner for almost thirty-seven years, having studied medicine at Cincinnati, Ohio, in 1854, and later graduated from the medical department of the university of Indiana. I was acquainted with John Sheedy during his lifetime, but was not called to attend him during his last illness; I do not know Mrs. Sheed; I attended the post mortem held over the remains of Sheedy, and consider that I had opportunity to examine his wound; there was a number of physicians in attendance; it was a confused would extending across the cheek bone and a slight cut over the angle of the eyes, and were evidently inflicted with a blunt instrument; being shown the cane said to be the weapon with which Sheedy was assaulted, the doctors said the wound could have been made with such a weapon; the skull, as examined at the autopsy showed no contusion and the brain appeared in natural conditions; I saw no coagulated blood or rupture of the blood vessels of the brain; the heart was somewhat enlarged, and affected to some extent with fatty degeneration; the bladder was full of water; no examination of the spinal cord was made, but the medically was removed and examined; it showed no symptoms of blood;the symptoms of morphine poisoning are insensibillity, contraction of the pupils of the eye, torpidity of the stomach, and labored breathing; during the first stages the pulse is accelerated,the temperature slightly increased, but slowed down in the last stages; vomiting and naseau attend the initial stages, but not the latter period; paralysis of the bodily functions ensues; the effect of atrophine is similar to that exerted by morphine; sulfonal is administered to induce sleep, but not to allay pain.

"Doctor , taking into consideration the symptoms attending the death of John Sheedy, associated with the general condition of his health, what is your opinion as a physician, was the cause of his death?

This is the substance of a hypothetical question, longer than a telegraph wire, and embodying about everything so far disclosed during the trial, put by Colo. Lambertson to the doctor.

Counsel for the defense made elaborate objections to its being answered, but overruled, and the doctor replied:

" Well, my opinisn is that the man died from the effect of morphine poison. I base my answer upon the apparent condition of his health, the symptoms preceding his death, and the appearance of the skull and brain at the autopsy. Everything trends to this conclusion."

The doctor was then taken in hand by Counsel Stearns and subjected to a rigid cross-examination, but without eliciting much satisfaction. Court then adjourned until the usual hour Monday morning.

E.L. Thorpe, living at Thirtieth and Hitchcock, had his buggy run into by an electric motor near Thirteenth and Q at 1:30 today. He was not seriously injured and police took him home.

Eli Wilson, living at 824 North Twelfth street, wrs badly injured about the back and side at 3 this afternoon. His team frightened and ran away, and he was hurt in trying to stop them. The accident occurred on North Fourteenth street. Dr. Andrews attended him.

John Gillespie, pensio agent has been notified that during the present week, claimants applying through his office were awarded pensions, viz: Buckley D. Catlin, Lincoln, at $12 per month, from June 28th, 1890; Allen D. Baker, Lincoln, at $12 per month, from July 9th, 1890: Wm. A. Smith, West Lincoln caveat for patent May 5th, 1891.

The will of George Lostroh of Middle Creek precinct, was filed for probate yesterday. His wife secures half the income of the estate, a valuable one, during lifetime, and the farm is divided between his two sons, Gerhardt and Fritz. his son Louis gets $200, and his son Henry $10. A like sum is given his daughters, Sophie and Dorthea.

The Woman Dead.

Mrs. Jennie Greene, who was shot in the back on Tuesday evening, April 28 by E. W. Hutchinson, died this morning at 2:15 o'clock, after lingering for seventeen days and five hours. Her sufferings have been intense, but she bore them with heroic fortitude. Her vitality was great, but the injury was such that it was only a question of time when death would come. Hutchinson, who has been confined in the county jail since his capture, a week after the shooting, has maintained the same simulation of indifference and insanity, and he took the news of her death with but little emotion. The charge against him will be changed to murder, and a preliminary examination will be held Monday or Tuesday.

At 2:30 Wednesday afternoon Judge Foxworthy, in the presence of three witnesses, took Mrs. Green's dying statement. She was very weak at the time, and from sheer inability was unable to tell all she was anxious. She was also physically unable to sign her name. Briefly told, the statement is:

My name is Celia J. Greene, and in fear of death, make this statement. On Tuesday evening, April 28, E. W. Hutchinson called on me. After awhile he and I were left in front room; we were sitting on the sofa; he asked me about notes; I told him I had received a certain amount on them; he asked me if I would give him the money; told him it was in bank to my credit, and we would fix it up among ourselves. He the accused me of staying at Bond hotel with a man a few nights ago. I told him it was false, I staid with lady friends there. He said he had been told that I staied over night with a man. I said whoever told him was a liar; he angrily asked if I meant to call him a liar. I said no, the man who told him was a liar. He jumped to his feet and exclaimed:

"Do you call me a liar?" "Yes," I replied, "If you say I did you are a liar."

He pulled a gun, and I attempted to get out of the room. I tried to hold door, but he jerked it loose. One bullet struck my stays and glanced off. The fatal shot was fired while I was attempting to get under table.

Had known him fourteen months; was good-natured and sensible as ever was that night. He was perfectly rational, no signs of insanity at any time.I believe he shot me because of jealously. Had several alight quareels before on same account; he drew a revolver on me once before.

Coroner Holyoke empaneled a jury, viewed the body, and adjourned inquest until 8 o'clock this evening at her room. Roberts & Co., undertakes; took charge of the body. Funeral at 10:30 Monday morning.

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Before the Insanity Board.

On an insanity warrant sworn out by S. S. Skidmore this morning Deputy Sheriff Hoxie arrested Benjamin G. Wright, a carpenter living at Thirty-third and U streets. On the way down, at Fourteenth and Q street, Wright, who is a small man physically suddenly turned upon the officer and struck him across the head, at the same time taking to his heels. Mr. Hoxie called a couple of policeman and the patrol wagon to his aid, and Wright was captured at Sixteenth and S streets. he was brought before the insanity board this morning, and after an examination ordered taken to the asylum. Wright is a married man, 54 years of age, and first began showing signs of insanity two years since. He has been gradually getting worse, is excitable, talks irrationally, and latterly, has been imagining himself immensely wealthy, owning everything in sight. When arrested he was very indignant, as he claimed that part of the globe was his. Some years ago a skylight fell on his head, and laterhe was sunstruck.

Albert Walsh, a single man, aged 48, was arrested at his brother's hous, near Fourth and F streets, last night by Deputy Sheriff McFarlnad on an insanity warrant signed by his brother. Walsh was confined in a marine asylum eighteen years ago, and his mother was out of her head for four or five years. lately he has had to be watched closely, and the people fearing that he might carry out his threat of carving them, concluded that the asylum was the place for him, He was sent out.

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When baby was sick, we gave her Castoria.

When she was a Child, she cried for Castoria.

When she became Miss, she clung to Castoria.

When she Children, she gave them Castoria.

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Sheriff Sale.

Notice is hereby given that by virtue of an order of sale issued by the clerk of the district court of the Second judicial district of Nebraska, within and for Lancastor county, in an action wherein David L. Brace is plaintiff, and Frank W. Pynchon and Mary E. Pynchon are defendants, I will at 2 o'clock p.m. on the 2d day of June, A. D. 1891, at the east door of the court house in the city of Lincoln, Lancastor county, Nebraska, offer for sale at public auction the following described real estate to-wit:

Lot two (2) in block (2) of Madison Square addition to the city of Lincoln, Lancastor county. Nebraska

Given under my hand this 20th day of April, A. D., 1891

SAM McClay,

Sheriff.

NOT FINISHED 6/22.