206

FINALLY SECURED A JURY

Examination of Sheedy Witnesses to Commence To-day

ONE JURYMAN CHARGED WITH PERJURY.

A. B. Nortan Wanted to Be on the [?] for the Money There was in It - Sensation in Court- Peculiar Action of Attorneys.

LINCOLN, Neb, May 11.- [Special to THE BEE.]- A jury has finally been chosen to pass upon the evidence concerning the guilt of innocence pf Mrs.Sheedy and Monday McFarland, who are on trial, charged with the murder of John Sheedy.

The twelve jurymen are: James Van Camper, George Albrecht, J. C. Jensen, Jacob Clay, Ulbert Ward, Henry L. Willis, Ed Young, John Robertson, C. S. Cadwallader, Luther Batten, James Johnson and Thomas Riley. The twelve are not a very inteeligent looking lot of men. but in the main they have the appearance of individuals who are willing to act according to reason and justice.

The greatest sensation thus far in connection with the trial was the arrest of A. B. Nortan, one of the jurors selected on the charge of perjury, in declaring that he had not expressed any opinion in regard to the innocence or guilt of the prisoners. Nortan is now in the county jail awaiting trail.

The first intimation that something was up was when the prosecution shortly before noon passed its last peremptory for the me being and Strode, Mrs. Sheedy;s attorney, rushed over to Mr.Lambertson, who represents Dennis Sheedy, and the two left the court room for a brief conference.

On returning Lambertson was about to address the court when Strode arose and asked that Lamberson's motion be reduced to writing and that the jury be excluded during its discussion.

The first motion was denied, but the one concerning the exclusion of the jury was granted. The eleven jurors were then placed in the custody of the balliff and sent out of court.

Arising to address the court, Mr. Lambertsonsaid: " If it please your honor , I am about to bring to your attention a matter of which you may have recieved a intimation, but the details of which is my unpleasant duty to bring more fully to your knowledge. We have reason to believe and hope to present to the satisfaction of the court, that our reasons are sufficient for aprehending that there is now on the jury a man who has denied upon the stand only an hour ago that he had read a full report of the evidence given at the preliminary examination of the prisioners ar the bar, and who also disavowed having formed or expressed any opinion relative to their guilt or innocence. His positive answers to questions asked gave us no opportuninty to challenge him for cause, and he was passed and accepted by the court. This man A. B. Nortan. I now wish to read an affidavit showing that he has on several occasions formed and expressed an opinion on one of the defendants. After Nortan had taken a seat in the jury box we received six affidavits from reputable citizens detailing declarations made by Nortan, after reading full accounts of the evidence given at the preliminary hearing as printed in THE OMAHA BEE, at which Nortan read in their entirety at O'Brien's store in Davey. The first affidavit is the sworn statement of W. A. Carbell who swears that Nortan was in the habit of coming over to his office in Davey and reading accounts of preliminary examination as published in THE BEE. The next affidavit is that of Pat Geary, who makes oath to the same state of facts, and further says that Nortan had exclaimed after reading one of the accounting THE OMAHA BEE:
"Oh h-l, the woman will get clear and the nigger will hang."
James O'Brien, proprietor of a store at Davey also swears as shown by his affidavit which I hold in hand that Nortan remarked: "The d--d nigger ought to be hung" and had further announced his attention of getting on the jury. If possible, as he believed there was $300 in the case, and there would be an opportunity to make some money. He said the Sheedys were rich and would give up big money for a favorable verdict.

"R.B. Crawford, another resident as Savey, had overheard Nortan express similar sentiments and was Impressed with a conviction that Nortan would, if given the opportunity, not hesitate to make his verdict a subject of financial negotiations. Intimation of Nortan's intention first reached the course for the state last Saturday evening, and though we were compelled to violate the Sabbath to ascertain the facts, we did not hesitate and worked all day yesterday unearthing the infamy. It may appear singular that counsel for prosecution should intercede to bring about the removal od this evidently corrupt juror because the case from our standpoint is not prejudiced against us. The danger applys to Monday McFarland, whom we shall endeavor to convict, but counsel for the state does not desire unfair advantage, especially when to attain such advantages involves corruption of the jury. We fully informed counsel for defense of the discovery we had made and submitted the affidavits just read to their inspections. They refused to consent to the removal of Nortan unless we agreed to grant them an additional challenge.. This refused and as a last resort we were compelled to bring the matter to the attention of the court and to make it a matter of record."

The speech created a profound sensation. The defense finally gave in but insisted on another preliminary challenge in case Nortan was ejected from the jury box. The court finally granted the privilege. His honor then ordered the county attorney to examine the affidavits and in case they were all right to file an information against Nortan charging him with perjury. The affidavits were examined, found all right and Nortan was placed under arrest.

The examination of witnesses commences tomorrow.