239

WEEKLY NEBRASKA STATE JOURNAL FRIDAY MAY 22 1891 [11?]

Kinney that Sunday morning in the jail, in which Monday referred to Mrs. Sheedy's "lover," and told how she had invited him to watch her take an evening walk with that lover, young Walstrom It also revealed the fact that Monday had taken the cane to the Sheedy residence at about 5 o'clock on the evening of the assault and left it there with Mrs. Sheedy to await his return.

Believed It Was Due To Morphine.

Dr. H. M. Casebeer was called, had lived in Lincoln five years and practiced for sixteen years; graduated from the medical department of the university of Michigan in March, 1876: was present at the Sheedy autopsy with Drs. Beachley, Mitchell, Coroner Holyoke. coroner's jury and one or two others whom witness did not know; witness performed the autopsy, assisted by Dr. Beachley.

The witness explained how the examination had been performed; gave a detailed description of the bones of the [hene?] and face, and located and described the wound inflicted by the blow. He said that the examination had extended to the lower part of the medulla oblongata, the portion lying at the base of the brain with which the spinal cord connects; the medulla oblongata controls the nerves of respiration. A blow upon another portion of the skull might affect the medulla oblongata, but the injury would be apt to be revealed in the autopsy. There was no fracture of the skull revealed in the autopsy.

"Now assuming," said Mr. Lambertson, "that John Sheedy was a man about six feet and over in height, apparently a man of strong physical ability and apparently living in good health, but in fact being affected somewhat with fatty degeneracy of the heart, and in the condition revealed by the autopsy at which you were present, and the brain being affected as revealed by the autopsy: that he was on or about the 11th day of January struck with a blunt instrement which produced a wound such as you have described; that it was dressed and the patient put to bed; that it was not thought at the time to be a severe wound; that he was given at first ten grains of sulfonate, which he vomited; at a later period tens grains more which he vomited, and at a still later ten grains more in a cup of coffee, which he retained, that he then sank into some kind of a sleep, which continued until about 3 or 4 o'clock the following morning, about nine hours after he was struck, at which time he was breathing heavily, only five or six times a minute, the breathing being what is characterized in medical parlance as "heavy or stertorous;" that his pulse was up to 140; the pupils of his eyes being normal; that swallowing or deglutation as it is called, was impossible; that his body was paralyzed; that his kidneys and bowels were torpid, and the urine had to be drawn off with a catheter; that he continued in this profound state of coma, the pulse alternating or changing from time to time, running down some hours before his death to 95, and at times even lower, if not altogether stopping, until about 10 o'clock on the night following the blow, consciousness not having been resumed during the period between 4 o'clock, at the time he went into the comatose condition and the time of his death, and that at 10 o'clock he died, what in your opinion was the cause of his death?"

"Well, I believe that the symptoms foregoing his death are more nearly like shoes of poisoning from opium than anything else, and for the reason that no other cause was discovered for his death, I believe it was due to poisoning by some drug."

"Now if morphine was administered hypodermically, would traces of it be found in the stomach?"

"No, I think not."

Where would you expect to find it?"

"Well, in the circulation and in the urine."

"So that if none were found in the stomach, it would not be evidence that none had been given?"

"No, sir."

The witness explained that a poisonous or toxic dose of morphine was from a quarter of a grain upwards.

The heart was found to have been affected with fatty degeneration, and the other organs were in the condition shown in the testimony of Dr. Beachly. He thought that if death had been the result of the effects of the blow upon the condition of Sheedy's heart, it would have been instantaneous.

"Did you ever hear of a portion of the brain known as the 'arbor vitae?' " asked Mr. Philpott.

The physician reflected long and earnestly as he replied:

"Don't recall having read of any such name for a portion of the brain."

"You never read of the 'arbor vitae,' which is known as the center of life?"

The witness had never encountered it.

"Did you never read Wilson's anatomy, wherein is mentioned an organ of the brain located near the medulla oblongata and called the arbor vitae because it looks like a little tree and was supposed to be the center of life?"

And the gleam of triumphant intelligence that beamed o'er the face of the colonel as the witness admitted his remissness in that respect was the feature of the morning session.

"I studied medicine two years myself," explained the attorney subsequently, still perspiring over his triumph whom court adjourned.

The witness explained in the cross-examination that the bladder which had been buried with the body and not forwarded with the stomach for analysis, would have been more likely to have contained evidence of the poison than the kidneys which were sent.

"How long is the medulla oblongata? Is it two or three inches."

"I should judge it was between two and three inches. I haven't posted up on the minutia."

"Isn't it a fact that it never exceeds an inch and a half in length, and that when you said it was between two and three inches, you said so just because I had given those figures?"

"I don't think it is a fact."

"Did you ever know of a case where it was over an inch and a half in length?"

"It was over an inch and a half in this case," replied the doctor.

Colonel Philpott gleamed sardonically at the witness as he arose and hunted a seat at the rear end of the table, murmuring to himself:

"There never was such a case. No such medulla oblongata was ever put on record, and none ever existed unless the big Missouri girl, Ella Ewing, had it stored away in her cranium. I have studied medicine some myself."

Before he got through with Colonel Philpott, Dr. Casebeer also recalled the fact that there was an arbor vitae, composed of white matter in the form of a tree dipping into the grey matter, but said it was of no special importance.

Mr. Strode then took the witness and had him explain the difference between the symptoms of compression of the brain and concussion of the brain. He did so and Mr. Strode pulled a medical authority upon him, wherein he had the witness read to learn that there was no difference in such symptoms. But the doctor didn't find it so. He found that the medical work did say something about cases of "alight" compression resembling concussion.

Mr. Lambertson objected to this method of examining the witness and suggested that the defense should offer its authorities in evidence, instead of badgering the witness with them.

Mr. Strode contended that this could not be done, as the supreme court had repeatedly held.

The court thought otherwise, and after half an hour was spent in hunting authorities Judge Field finally held that such medical works might be introduced. Mr. Strode didn't desire to introduce them, preferring to keep them, and each time the witness attempted to tell the respective symptoms of compression and concussion of the brain and morphine poisoning, he pulled them out loaded to the hilt. The witness gave the respective symptoms of the three, and Mr. Strode pulled authorities upon him to show that the symptoms might easily be confounded. The witness testified that fatal concussion of the brain would leave some effect upon the brain which could be detected with the naked eye in a post mortem examination, and Mr. Strode jerked out a work on medical jurisprudence wherein it was taught that a man could die from concussion in a case where the skull was not fractured and no apparent trace was perceptible in the brain.

The fatty degeneration of the heart, the witness said, lessened the man's vitality and rendered it therefore the more easy for a shock to affect him.

"If a stomach were full of bile, or whisky, or beer, it might take two hours for the symptoms of morphine poisoning to become manifest, but generally it is perceptible in from five to twenty minutes."

"Do you think that a toxic dose of morphine could be given to a patient who had vomited twice in two house and not manifest itself in less than three hours?"

"Possibly. I have had cases where the stomach was full of bile orl liquor where the poison' was inert for that long.:

"If the stomach was full of food it would hardly lay there a half hour without manifesting itself."

"A toxic does is a dose that will kill."

The defense was right after Dr. Casebeer, who was on the stand over three hours, and if he had testified that black was black, Mr. Strode would have pulled an authority to show that black was sometimes unquestionably white.

Monday Did Call Next Day.

D.G. Courtnay was sworn and took the stand at 3:30. Was a warm personal friend of John Sheedy; was near Eleventh and P on the night of the assault; heard the shots and was at the house outside of ten minutes; when he went in Dr. Hart and Dr. Everett were dressing the wound; stayed there about an hour; went away and returned again in an hour or an hour and a half; the doctor said when he first arrived that the wound was slight; it appeared to witness to be a slight wound; witness, Dr. Hart and Mrs. Sheedy put him to bed; she wasn't crying, but was agitated.

Witness conversed with him after he had gone to bed; asked him to describe the person who struck the blow; Sheedy said it was a thick set person and had on a short coat; before Sheedy went to bed [white spot on scan?] own the cane and asked if he could [white spot on scan... maybe "testify"?] it; he said there were many [shoes?] like that. Sheedy asked if any of the shots he had fired had taken effect; witness remarked that the policemen had said that they had found blood on the sidewalk: at that Sheedy had said, "I'll go down town with you; I'm all right and I'll go down." Dr. Hart and Mrs. Sheedy assured him that he needed rest and he went to bed.

In recounting the occurrences of the day following the assault the witness related the symptoms as heretofore described and said that he had then remarked that they reminded him of morphine poisoning. He had seen two cases of death from that cause within a few months prior to the murder and Sheedy's condition reminded him of them.

"Did you on that day see Monday McFarland?"

"I did."

"Just state where."

Witness stated that so many people were coming to they house during the day that he locked the door. A few minutes later Monday McFarland came to the door and said he wanted to see Mrs. Sheedy on business. Andy Bayliss was already in there crying, and as witness thought that was what Monday wanted to get in for he wouldn't let him in. IN a short time he found him trying to get in at another door which the girl had opened. He told witness that he wanted to see Mrs. Sheedy on business, and witness told him that Mrs. Sheedy was at the bedside of her husband, that the latter was dying, and that he couldn't get in.

Witness related how Mrs. Sheedy had employed him to look after her affairs. Mr. Lambertson wanted to ask him about what she had said to him after that, but Mr. Courtnay declined on the ground that, as they were said to him as her attorney, he didn't feel at liberty to testify to what was said, but didn't wish to leave the impression that there was anything damaging to her.

Mr. Strode whispered briefly with Mrs. Sheedy and told the witness that he might reveal anything that was said.

He said that on the Sunday afternoon of her arrest, when he went into the house, she remarked that he looked at her as if he thought she was guilty, and asked him if he did so think.

"What was your reply," asked Mr. Lambertson.

The defense objected, but after another whispered conversation with his client the objection was withdrawn by Mr. Strode.

The witness said he could not say positively what he had replied.

"Didn't you reply," asked Mr. Strode, "that 'As I love my wife and little girl I believe you innocent?' "

"No, sire; I did not."

"Didn't you reply 'Yes, I believe you are?' " asked Mr. Lambertson.

"I don't remember. It was all in a general conversation."

Witness told how he had advised Mrs. Sheedy to have herself appointed administratrix of a part of the estate to preserve her interests, as his impression was at that time that Dennies Sheedy wanted to gobble the whole business. Mrs. Sheedy informed him that Dennis proposed that Mr. Fitzgerald should be made administrator of the whole estate, but he advised her that there was likely to be a big lawsuit in the matter and for her own safety she had better be appointed administratrix.

Some $550 was found to be available. Of this $500 was found in the shape of checks for rent and $50 was found in an inside pocket of Sheedy's vest. Mrs. Sheedy had the coat and was washing the blood from it, when he cautioned that she had better not do that. She said that she had found no money in it. Witness knew that it had formerly been Sheedy's custom to carry about with him in his pockets several hundred dollars. That was some time before.

Upon cross-examination witness stated that Sheedy had told him during the night after the assault that he suspected George Bradeen. Mose Smith, Alex Jetes and Frank Williams.

He also testified that Sheedy had employed detectives to watch him and preserve him from a possible assault by his enemies.

The Cadaver in Court.

Dr. Winnett, one of the physicians present at the autopsy, was sworn. He said he was a graduate of Long Island College hospital. New York, in 1870; saw Sheedy on Monday after the assault; he was unconscious, his reservations were about twelve times to the minute; his pulse was 90; his pupils were normal in size; but insensible to light; the body was completely paralyzed. The first impression of the witness from the symptoms was that Sheedy had had an overdose of morphine, but when assured that he had had no morphine witness thought it was due to compression. Was at the autopsy, and would say that the brain was normal; no blood at the base of the brain; didn't think the medulla was quite all removed with the brain.

"Now, then, from the symptoms as you found them and the conditions as revealed by the autopsy, what would be your opinion as to his then condition and suffering?"

"I believe it to have been from the effects of morphine."

The witness gave in detail the symptoms of morphine poisoning. In relation to the pupils of the eye he said that in some cases they remain unchanged in morphine poisoning and cases are reported where one pupil was contracted and one dilated.

The usual time required for manifestations of morphine poisoning was from twenty to fifty minutes, but cases are reported where many hours were required. He had read of a case where in fourteen hours the first manifestations were shown. Would say that three hours was uncommonly long. If the stomach was full the effect would be delayed.

The witness explained at length the difference between symptoms of concussion and compression of the brain and the symptoms of the brain.

"The pupils of the eyes are not so liable to be affected if the morphine is given with atrophine. Atrophine is used to counteract some of the unpleasant symptoms of morphine."

"In some instances a half a grain of morphine is a toxic dose, but I should say generally a grain."

"A dose of sulfonal is from twenty to thirty grains. Ten grains would not be dangerous."

"I would say from the autopsy that there was no compression of the brain. There was not any concussion indicated by anything I saw."

The witness described the wound at length, and while he was doing so Mr. Lambertson was noticed to be tugging away at the unwilling contents of a pasteboard box.

A moment later he handed to Dr. Winnett a skull with the crown neatly sawed off. The doctor held it up in full view of the audience.

"Doctor, whose skull are you holding in your hand?"

"It is the skull of John Sheedy."

Mrs. Sheedy made a nervous movement, raising her handkerchief to her eyes, but in an instant resumed her composure and with the utmost fearlessness contemplated the ghastly object held up a few feet in front of her. Monday's eyes were also turned in the same direction.

"State from the examination you have made of the skull of John Sheedy, whether or not in your opinion the blow that administered at that time was sufficient to produce death."

"I think so."

"Doctor, was the blow that was administered to John Sheedy and the wound inflicted upon him sufficient in your opinion to account for the symptoms that you saw in his last illness?"

"No, sir."

The witness then explained that an examination of the skull after it was cleaned, revealed the fact that there were three slight fractures in the vicinity of the wound, which was sufficient to alter the opinion he expressed at the time of the autopsy.

Tuesday Mrs. Sheedy's Day.

An increased crowd witnessed Tuesday's proceedings in the Sheedy trial and listened with the most marked attention to the somewhat wearisome technical dissertations on criminal jurisprudence, material medics, symptoms and conditions, which formed the burden of the testimony throughout the day. Something of new interest was awakened when the cross-examination of Dr. Winnet brought out the fact that the remains of Sheedy were recently exhumed at the instance of the state and new researches instituted to discover the cause of death. It was in line with questions submitted by the state as to the likelihood of poison administered hypodermically being revealed in the stomach after death. It will be remembered that several of the physicians have expressed the opinion that morphine so administered would be very likely to reveal itself in the bladder. It was in anticipation of these replies, therefore, that the state recently had Sheedy's body taken up and the bladder and liver taken by Professor Haines, professor of chemistry and toxicology in Rush medical college, Chicago, to that place for analysis. It has been noticed that Hon. Frank Hall, of counsel for the state, has not been in court this week up to Tuesday afternoon, and inquiry revealed the fact that he has been to Chicago looking after the investigation. After his return yesterday it was generally understood that the analysis had not discovered the presence of poison even in the bladder.

The above fact, taken with the testimony of Dr. Mitchell in confirmation of Dr. Hart's theory that Sheedy's death was due to compression of the brain, made it appear very much like Mrs. Sheedy's day in court and an awful chilly one for Monday McFarland, but it was not noticed that the latter looked very much cast down.

It was a warm day in the court room and Mrs. Sheedy put in a great deal of time waving the mourning drapery around her head by the gentle undulations of a large black fan. Her demeanor had undergone no perceptible change from that of yesterday and she evinces no signs of fatigue or exhaustion from the long trial. She is apparently as strong, and even stronger and more composed and hopeful, than during the opening days.

There was considerable craning of necks in the audience yesterday when it was noticed that Mrs. Morgan had momentarily left her place at Mrs. Sheedy's side to make room for D. G. Courtnay, to whom the defense has frequently, by intimidation ascribed much of the active work of hunting up testimony for the state. Yesterday Mrs. Sheedy communicated to him, through her uncle, Mr. Biggerstaff, her desire to speak to him and he was soon at her side. For some minutes she poured a whispered stream into his listening ear, and a study of his features failed to reveal the slightest import of her conversation.

For two days the state has been much worried over the inability to find the cane with which the deed was done. It was offered in evidence last week and left, as usual, in the custody of the stenographer, Myron Wheeler. The latter was called away on Saturday or Sunday, and before going put the cane away so securely that neither Reporter Mullon, Judge Field or any of the court officials have been able to find it.

When court convened at 9:15 Dr. Winnet was cross-examined and testified that he reached the Sheedy residence about 2 p. m. on Monday; was there about twenty minutes: the opinion of the physisicnas there, possibly with the exception of Dr. Woodward, was that death was due to pressure in the brain; was present at the autopsy; the examination comprised the brain, the organs of the chest, the liver, the kidneys and other organs and the stomach was taken out; believed that Dr. Beachley took notes of the autopsy. Saw Mr. Strode there and remembered that an effort was to exclude hint or any one representing Mrs. Sheedy.

At this point Mr. Lambertson chimed in that Mr. Strode had been finally allowed to remain upon the advice of County Attorney Snell and a wordy discussion ensued at once between the attorneys, which the court summarily abated.

Witness said he saw no superfluous moisture in the brain. He described the old bullet wound found in the back of the head and some bleeding of the brain around it, swing, he thought, to the removal of the brain from the skull; also described an old and slight depression in the forehead.

"Did you examine the medulla oblongata at that time?"

"I looked at it."

"Did you remove all of it?"

"Don't think all of it was removed."

"Did you examine the spinal column?"

"Not at that time."

"Have you done so since?"

"Yes, sir."

"When?"

"About four weeks since."

"Where?"

"At Roberts' undertaking rooms."

"How did you know it was that of John Sheedy?"

"Because we removed it from the grave."

"Who were present?"

"Professor Haines of Chicago, Dr. Everett, Mr. Roberts, a gentleman I supposed to be his partner and the sexton at the cemetery."

"Who took any of the organs besides the parts you took?"

"Professor Haines."

"What did he take?"

"The liver and the bladder."

"You have kept this a profound secret, have you not doctor, according to instructions?"

"Don't know as I had any instructions, but did keep it more or less a secret."

"Under whose instructions was this done?"

"Mr. Snell's."

After some further examination as to the conditions of the parts when exhumed and the care with which they were guarded since, Mr. Strode dropped this branch without asking him as to what he had discovered and took up the discussion of a toxic does of morphine.

Didn't think that the authorities taught that a toxic dose would manifest itself in from five to twenty minutes. His understanding was that it required from thirty to fifty minutes.

Mr. Strode pulled a book on him, had him read from it that it manifested itself in from five to twenty minutes, and then had him swear that an authority so taught.

Mr. Lambertson objected to the examination of witnesses as to what was in the books, and a squabble ensued.

"Doctor, will you give me a single authority which says it requires from thirty to fifty minutes?"

"I attained that impression from reading a tabulated statement of 200 cases of morphine poisoning."

"What was that statement published in?"

"In the half-yearly abstract of medical science."

"Have you that table with you?"

The book was produced and Mr. Strode asked the witness to show him where it was stated that from thirty to fifty minutes was required for the manifestations, and the witness failed to find it.

He said that his impressions from his own practice were to that effect, and Mr. Strode hauled him over the coals for [a ? ? to ? ?]. Witness said that he had noticed no symptoms in Sheedy's care which might not have been attributed to compression of the brain; the blow administered to Sheedy was sufficient to produce either compression or concussion.

The cadaver was then produced and the witness explained the various fractures in the bones of the face, none of which were through the skull, and explained that it took a very severe blow to inflict them. He thought that the blow was sufficient to produce death, but he didn't think that it did produce death in this instance.

Witness said he knew of no postmortem evidence of morphine poisoning to the brain except that the blood is congested in the brain more than at other times.

"I noticed no special evidences of morphine poisoning in the examination of the brain, as I was merely an observer; but I examined more particularly the upper portion of the spinal column--"

Mr. Strode promptly stopped him on that subject.

The witness concluded in reply to Mr. Strode's questions that he was impressed with the idea that Sheedy died from morphine poisoning.

Mr. Lambertson then took the witness and drew him out on the subject of his recent examination of the spinal cord and lower part of the medulla oblongata. Mr. Strode's objections being overruled. He had found the cord in a good state of preservation, but there was extravasation of blood therein and the conditions he found would indicate morphine poisoning.

Dr Winnett was asked to explain to the jury certain discolorations in the bones of the skull which were due to blood from the blow, but when he took the ghastly object in his hands and stood up before the twelve good men and true, Mr. Strode objected to the skull being shown to the jury until it was offered in evidence.

"Your honor," said Mr. Lambertson, "I don't think it is a proper thing to offer in evidence. It would be the same were it a spleen or any other part of the body. If the gentleman insists, however, we will offer it in evidence."

"We certainly object to its 1 [sing?] shown to the jury until it is in evidence."

"Very well." replied Mr. Lambertson, with the intelligent twinkle that animates his eyes when there is a prospect of war ahead, "you may be seated, doctor. We will now offer this skull in evidence."

To this the defense objected that the skull had been taken up and examined long after the official autopsy and had not been in the care of any person officially competent to take charge of it. The court overruled the objection and the skull went into evidence.

The witness explained that his last examination had revealed to him the fractures pointed out, which were not shown at the autopsy, and he was convinced that the blow was much heavier than he had supposed at the time of the autopsy.

Professor Haines of Chicago, who took some of the organs for examination, is a chemist and witness thought him a competent one.

?Mr.Strode subjected the witness to a vig-vigorous examination as to engaged him to make the examination and how much he was to be paid. He said that he had assisted at the request of Dr. Everett and expected to be paid but didn't know who was to pay him.

Also Thought It Was Morphine.

Dr. M. H. Everett was the next witness. He said he had lived in Lincoln over four years: was twenty-one years in the practice and was a graduate of Rush college of Chicago and Jefferson college of Philadelphia; lived just across from the Sheedy residence; was sitting in his front room on the night of the assault; heard a shot and on looking out saw a number of other flashes and a moment later a crowd collected at Sheedy's gate; thought at first he would not go over, but someone called his name and he went over; Mr. Sheedy was standing up inside and near to the front door bleeding badly and Mrs. Sheedy was standing beside him; she was quite calm and collected and was not crying; witness thought Mr. Sheedy was shot and informed him that the bullet had not gone through the skull; Sheedy then informed witness that he was not shot but was struck. Dr. Hart came in soon after. Witness thought the wound slight; remained about half an hour and left Dr. Hart there when he left; was summoned again about 4 a. m. and found the patient suffering from what he supposed were the effects of morphine: asked the doctor is he had given any morphine and when he said no concluded it was due to compression of the brain. Was present at the consultation as to whether or not trephining, should be tried; the decision was adverse to the experiment.

Dr. Hart had informed witness that he had given three doses of sulfonate, ten grains each; ten grains in a minimum dose sulfonal is a sleep-producer and has no after effects.

The witness explained the symptoms of morphine poisoning, and said that while the pupils of the eye were usually contracted, they were sometimes dilated and sometimes normal.

In some cases it is impossible to distinguish the symptoms of morphine poisoning and compression of the brain.

Atrophine has an adverse effect on the pupils of the eye from morphine and the two could be given in a dose to counteract the effect of the other upon the eye, while the effect as a poison is undisturbed.

The witness said unhesitatingly that the patient was not suffering from concussion of the brain when he saw him.

Morphine administered hypodermically acts more quickly than when taken into the stomach. A toxic dose of morphine will usually reveal itself in a half hour, perhaps, but it may lay some hours.

Was at the autopsy; assisted Dr. Casebeer [soma?]. Witness described the organs; had found the brain with a larger amount of fluid than normal, with no gross lesions; it was abnormally wet.

"What was your judgment at the time of the autopsy, doctor, as to the death of John Sheedy?"

"I thought it was due to an injury to the brain, caused by the blow; didn't think his death was hastened by the weakness of his heart; thought that the blow could have killed him."

The witness gave the details of the recent examination made by himself and Dr. Winnett; the body was exhumed and the head, a part of the neck, the liver and the bladder were taken away: the body was well preserved, perhaps by the embalming fluid; the bladder and liver were taken by Dr. Haines, professor in chemistry in Rish medical college in Chicago; he is considered one of the best chemists and toxicologists; recognized the body as that of Sheedy; took the neck and head to Roberts'. undertaking establishment and kept them under lock and key; found the bones of the face fractured much worse than had been discovered at the autopsy.

The witness took the skull and pointed out the fractures shown in the upper jaw and other bones of the face. He explained that certain discolorations in the skull were due to the escape of blood into the spongy substance between the inner and outer costings and it indicated to him that the blow had been attended by effects much more serious than was shown at the autopsy.

"Doctor, from your examinations of the organs and your knowledge of the symptoms at the time you attended him. what in your opinion was the cause of his death?"

"I think it was due to morphine poisoning."

"If morphine poison, however, had not been administered, what in your opinion would have been the effect of the blow? Would it have produced death?"

"Yes, sir."

Afternoon Session.

Dr. Everett's cross-examination by Mr. Strode was taken up after dinner. He said that he witnessed four of the five shots fired; couldn't see all of the Sheedy porch; there were lights in parlor, sitting room and bedroom when witness got there; didn't notice as to the condition of the north curtains there were people in the yard, but thought not in the house, when witness arrived. When witness remarked that the shot had passed through the skin and out again, Sheedy remarked that he had not been shot, but struck, and that he did the shooting himself. Mrs. Sheedy was there and witness thought she furnished the towels. Witness suggested morphine but Dr. Hart said that a dose of morphine once administered to Sheedy had produced unpleasant consequences; suggested morphine because he anticipated that a shock might ensue; this anticipated shock did not occur; knew it didn't by the symptoms; had thought the wound a slight one. The symptoms of a profound shock were given and proved to be about the same as those in morphine poisoning. Witness did not think that he had expressed an opinion that Sheedy's death might have been due to a delayed profound shock, but Mr. Strode quoted his testimony before the coroner's jury to that affect, and he said that while that might have been his opinion then it had been altered by his subsequent investigations.

Witness thought that death might have resulted from compression, but taking all of the symptoms and conditions into consideration he believed death was due to morphine poisoning; had expressed the opinion prior to the autopsy that death was due to the blow.

When witness went back to the house the next morning at 4 o'clock Sheedy was completely paralyzed, both his sensibilities and his power of motion. Was told that three doses of sulfonal of ten grains each had been given him; it usually takes sulfonal about one hour to produce sleep; thought fifteen grains a proper quantity to administer to John Sheedy.

Atrophine relieves the effects of morphine as to the causes, and if enough had been given to maintain a normal condition to the pupils, it would not act as an antidote to the morphine poison.

Under ordinary circumstances if a toxin dose of morphine were given in a cup of hot coffee it might manifest itself in ten minutes; it generally takes from five to thirty minutes; the time required to produce death was uncertain; didn't know the general rule; didn't think it was a rule that it did not exceed from ten to twelve hours.

The abnormal wetness of the brain might be produced by an injury to the brain or by opium poisoning; a wound to the brain imperceptible to the naked eye might produce it.

The witness gave in detail the diseased condition of the heart, kidneys and fall, and said that while those conditions might lessen Sheedy's power to resist disease, it would cut no figure in case of such an injury as was inflicted by the assault. From the diseased organs witness thought that Sheedy was likely to die at any time.

The doctor said that the second examination of the remains was made at the invitation of Mr. Hall; he was to be paid but didn't know who was to pay him; Mr. Hall had said he would pay him; the liver and bladder were put in jars and taken by Professor Haines of Chicago; they were taken to the Lincoln hotel; they were not sealed up; didn't know whether or not Dennis Sheedy was at the Lincoln hotel at the time; the head and neck were put in a pail and taken by witness and Dr. Winnett. They were kept in Robert's morgue in a pail on a table, locked in the room.

When the witness reached the Sheedy residence after the shooting Mrs. Sheedy had exclaimed that Mr. Sheedy was shot and she wanted them to do something for him immediately. Didn't know whether or not he had testified at the coroner's inquest that Mrs. Sheedy had said on Monday morning that she would give $1,000,000 if he could be restored to consciousness. If he had so testified,she had said it, but he didn't remember. The witness was then excused.

Mrs. Swift Will Testify.

Mr. Snell said that he had filed a motion asking that he be allowed to correct a name upon the information. The law will not permit the county attorney to endorse any new names upon the information after the trial has been begun, but in this instance the name had been wrongly written as Mrs. Patrick Smith, whereas,it should have been Swift. It appeared that Mrs. Swift had been sub[?] at the preliminary hearing, but had not testified. Everything was regular except that the name had been written incorrectly upon the back of the information. The court held that he would permit the change, and it was decided not to call the witness until this morning, so that the defense can submit counter affidavits.

Monday's Mouth Kept Working.

H. P. Love said that on the morning after the assault he met Monday McFarland in front of the Hotel Mack. Monday came up and out of the basement with a cane in his hand; he was drunk and ran against witness, and Monday said, "Get out of my way or I'll use you like they used John Sheedy," or "I used John Sheedy," witness would not say which.

Cross-examined, witness said he was a brakeman on the B. & M., but Mr. Hall had never talked to him about the case.

Thought Death Due to Compression.

Dr. Mitchell was called and sworn. He said he was a graduate of Rush medical college and he had been practicing twelve years. He was present at the Sheedy home about noon on the day following the injury in consultation with other physicians. They discussed trephining or removing a button of the skull to permit access to the brain; the decision against trephining; witness' opinion was that the symptoms were those of compressions and he did not favor trephining.

At this point Mrs. Sheedy summoned the attention of Colonel Philpott and whispered to him. He in turn whispered to Mr. Stearns, and the latter moved aside so that Mrs. Sheedy could see the face of the witness, whereat she appeared to be very much pleased.

Witness was present at the autopsy, but took no part in it, because he was there chiefly to satisfy himself as to whether he had been correct in his opinion given at the consultation. The brain appeared perfectly normal, though witness made no close examination.

"From the symptoms as you observed them in John Sheedy's last illness. and from your examination at the autopsy and from your examination of the injuries to the skull to-day, what in your opinion was the cause of his death?"

"Well, the evidences of injury as shown by the skull would not be certain to produce death, and I have seen no reason to change the opinion I first formed that it was due to compression."

He thought that the theory of compression would account for every symptom shown in the Sheedy case. The effects of compression are not always immediately manifest. The pouring out of the serum or blood which causes the pressure of the brain may be slow; did not think the examination of the brain was a very critical one; it didn't appear so to him. Saw no fracture of the cranium at the time of the autopsy and saw no ciota of blood in the brain.

The doctor's testimony suited the defense pretty snugly and Mr. Strode remarked:

"Doctor, you're too good an anatomist and I'll not cross-examine you."

The Photographer [Be?] In.

S. M. Meliek was recalled to identify the photographs of the Sheedy residence heretofore offered and they were introduced in evidence over the protest of the defense.

Drawing Near the End.

"Call your next witness," remarked the court.

"Your honor," said Mr. Lambertson, "we only have about two more witnesses to examine. One of them is Mrs. Swift and the other is Myron Wheeler. The latter has gone away and we don't know when he will be here. By him and his notes we expect to prove the confession before the coroner's jury. If the attorneys for the defense will admit the stenographer's report of that confession we can go ahead without any further trouble."

"I believe." retorted Mr. Strode, " that it was John Paul Brown who said that a criminal lawyer in the trial of a ease should never admit anything."

"And I believe he added," smilingly replied Mr. Lambertson, "except in desperate cases."

Mr. Strode protested that he would rely upon the promise hitherto made by the state to have Dennis Sheedy, sr., here when the defense wanted him, and gave notice that they would want him by Thursday morning.

"We will see that he is here when wanted," said Mr. Lambertson, "and if there are any other witnesses who are wanted by the defense we will send for them and pay their expenses."

Mr. Strode complained somewhat strenuously of the fact that young Dennis Sheedy was not present as a witness; saying that as his name was on the information the defense had made no effort to procure him. They had supposed that so important a witness should certainly be here at the instance of the state.

"Didn't that same authority you quoted a few moments since," sarcastically inquired Mr. Hall, "say that in criminal cases a lawyer should never suppose anything in reference to the intentions of the opposing counsel?"

Judge Field admonished the counsel that 4:30 was a little early to shut down work and advised them to have their witnesses ready hereafter. Court then adjourned until 9 a. m. Wednesday.

Incidents and Speculations.

In spite of the fact that on the previous evening the state had announced that it had but two more witnesses to introduce in the Sheedy trial. it somehow managed to put in the entire day in a most interesting manner in closing up the state's testimony. This was due to the bitter opposition evinced by the defense, first to the introduction of McFarland's confession made before the coroner's jury, and next to the reading of the testimony of Mrs. Sheedy before the same preliminary tribunal. But Monday's third confession was read, making the fourth time that the details of his alleged amorous relations with his fair co-defendant, and her alleged subtle cunning in leading him to put her husband out of her way, have been recited at length to the jury. And Mrs. Sheedy's testimony went in also. To say that that jury has paid strict attention to the salacious details of that confession is putting it entirely too mildly. No prattling urchin in a loving mother's arms has ever listened with more wrapt attention to the fairy tales so fraught with interest to the child than have they bent upon that startling story of duplicity and sinfulness. They have leaned forward in their chairs until two semi-circles of six heads each, on above the other,have encircled the head of Stenographer Wheeler in uncomfortable proximity thereto, and when one hand was not sufficient to guide the sound, unwanted, into each individual ear, both hands were unwillingly and eagerly utilized for that purpose. The attention they have given it would hardly be an indication that they have esteemed it the ignorant vaporings of an entrapped negro. It would indicate that they at least deem it worth consideration.

Myron E. Wheeler, who, as deputy state auditor, has been absent for several days settling up the affairs of the defunct Nebraska Insurance company, was on hand yesterday as a witness for the state and the cane was reproduced. He was so busy, however, with other affairs, that he was out once or twice when the state wanted him, and once Mr. Lambertson asked that an attachment issue for him. In a moment, however, he appeared and Judge Field ordered him to forego his other duties and remain in the court room.

It must have been a day of varying emotions for the defense. and if one could judge from the testimony there were very few pleasing ones for them either. When Mrs. Sheedy entered the court room in the morning there was more color in her pale cheeks than has been noticeable since the trial began, but it disappeared immediately upon the state's proposition to read Monday's third confession. The gravity that was pictured in her features remained until the witness, Mrs. Swift, took the stand, when it perceptibly gave way to anger.

Was Monday Under Oath.

The first thing that aroused the interest of the spectators at the morning session was the offer of the state to have Monday's confession read. The first witness called brought on the conflict. It was objected to by the defenses, as it was claimed that Monday had been sworn [are?] he made it.

T. C. Munder had lived five years in Lincoln; was a lawyer by profession; was a member of the coroner's jury and knew Monday McFarland; he was before the jury on the Monday after the death of Mr. Sheedy at about 4 p. m.; he made a statement before the jury; it took him about half an hour. Witness' recollection was that Monday was not sworn. Several circumstances occurred to indicate that he was not sworn. The witness was asked to relate Monday's confession made at that time.

The defense objected for the reason that this confession was made subsequent to other confessions which were made under duress, that it was not voluntary, that the person making the statement was under arrest at the time charged with the murder of John Sheedy and that the statement was made under oath.

In relation to the admissibility a confession before a coroner's jury, the court asked counsel to submit authorities, and upwards of an hour and a half was devoted to the citation of decisions and the arguments. Mr. Stearns read a number of authorities to the effect that a defendant's statement made at a preliminary hearing or coroner's inquest, if made under oath, is not admissable in evidence against him on the trial.

Mr. Snell cited a number of later decisions from the same states holding the reverse, and especially a decision to the effect that where two persons are charged jointly with a crime the admission of one of them before a coroner's jury, even though made under oath, is admissable in evidence.

Mr. Lambertson then gave the audience an earnest of what may be expected from him in the final argument of the case. He thought, in brief, that the administration of an oath, instead of rendering a confession incompetent, should make it more trustworthy.

Judge Wier, Mr. Philpott and Mr. Strode each spoke to the point at issue, and at the close the court announced that he would adhere to the rule established in the case of Warren Clough and would rule out the confession in case it could be proven that Monday was sworn at the time.

Myron E. Whealer was called to the stand. He reported the confession before the coroner's jury. He said he had a peculiar mark of his own by which he indicated when a witness was sworn. He has that mark on his notes for Monday, indicating that he was sworn. He didn't remember the administering of the oath, but remembered everything else in connection with his appearance.

S. M. Melick said that Monday was not sworn on the start, but after he had said a few words someone called attention to the fact and he was sworn. That was his recollection; didn't think that the coroner nodded his head and went right along when attention was called to the fact that Monday was not sworn.

Deputy Sheriff A. C. Langdon was sworn and said he took the prisoner from the jail before the coroner's jury and thought he was sworn, but was not positive. When cross-examined witness said that he had no positive recollection about it; if he was sworn he was sworn before he commenced testifying.

Dr. Everett was called to identify as standard medical authorities "Agnew's Surgery" and "Taylor's Principles of Medical Jurisprudence," which were offered in evidence by the state.

Dr. Holyoks, coroner, was sworn and testified that Monday was duly sworn prior to his confession; felt confident that he had sworn him; Monday was brought there in the capacity of a witness. Witness identified the subpoena, which was offered in evidence, and said he remembered distinctly having sworn him; he looked just as he did when he had made his confession on the preceding Sunday, perfectly cool and calm.

The attorneys for the state subjected him to a vigorous cross-examination, but he said he was absolutely positive that he had sworn Monday; remembered it because he was an interesting witness; if he was sworn it was before he had uttered one word of testimony; didn't remember that Monday was asked to stand aside, after he had begun testifying, to permit of the examination of Mr. Goldwater.

Three facts which the witness did not remember had been sworn to by all of the other witnesses.

Deputy Sheriff Henry V. Hoagland said he was present when Monday testified and his recollection was that he was not sworn; remembered that some one spoke to the coroner after Monday commenced testifying, asking if Monday had been sworn, and knew that he was not sworn after that. Witness didn't remember Monday having stood aside to permit Goldwater to testify and wasn't sure that he was not sworn at first.

Mrs. Sheedy's Testimony.

Before a decision was reached as to the admissibility of Monday's confession, Myron E. Wheeler was called by the state and testified that Mrs. Sheedy was before the coroner's jury on the [word?] day