107

TWELFTH YEAR. LINCOLN, NEBRASKA, WEDNESDAY EVENING MAY

This Causes a Stop in the Arguments

In the Sheedy Case - Hall Compares the Confession and Evidence.

STEARNS SCORES EXPERT TESTIMONY.

Col. Philpot Opens with Venom Upon Malone and Makes the Doctors Dance.

Abruptly Stopped.

An unexpected turn was taken in the Sheedy murder case this morning, it becoming apparent that James Johnson, one of the jurors was sick with fever. This was after the close of Mr. Stearns' speech and at about the point when Col. J. E. Philpott was warmed up in his roast of the doctors, so adjournment was taken that Mr. Johnson might receive medical attention.

Following is the continuation of MR> HALL'S SPEECH YESTERDAY.

"It seems to me that the least Mrs. Sheedy could do is to do all that she can to convict Monday McFarland. But on the other hand, they are all endeavoring to free him. How much better would it have been for them to show the confession to be untrue?

"Monday McFarland in his confession tells you he went to the house after this tragedy. The servant girl testifies he was there four or five times.

"His confession says Mrs. Sheedy showed him Walstrom's picture in the album. This is corroborated by the statement of the servant who says his photo was in the album. Now what was Mrs. Sheedy doing with Monday McFarland in the parlor? Is it not repulsive to think a respectable white woman would have him there showing him her album.

"His confession says he got the cane at Goldwater's. Nobody contradicts. He says he paid 90 cents for the cane. Goldwater testifies Monday paid him 90 cents.

"Now gentlemen, these are circumstances and if there is one thing more than another to convince me that this was a conspiracy of Mrs. Sheedy and McFarland, it is the confession of McFarland in saying he went to see Mrs. Sheedy on Sunday night and she came out to pump a pitcher of water at 7 o'clock. How could Monday McFarland have guessed this? Did he have an inspiration from on high telling him when Mrs. Sheedy went out after water?

"She tells you all the curtains in the house, save the parlor, were down. Now this confession says she raised the sitting room curtain. This is corroborated by witness Tindall who says all were down but one. Now this was run up just as McFarland said it was - to show him when John Sheedy was coming. Do you think you would stand on that porch with all the lights about you while waiting for you victim? Somebody would have seen Monday McFarland standing there. Gentlemen of this jury, I am convinced that there was concert of action; Monday McFarland without, Mary Sheedy within. How did he know John Sheedy was coming out at all? It was at a time when all nature was at peace. While the servant girl was away from home. After young Dennis Sheedy, who had been staying at the house, was away. Gentlemen, it is plain.

"Mrs. Sheedy tells you that when Sheedy started to leave the house, she started for the kitchen to take some medicine - right by the window which was to be the signal that McFarland's victim was coming. Circumstances can't lie.

McFarland tells in his confession that he had on his cousin Stepney's overcoat. What does Stepney and Mattie Neal tell you? His confession tells you that after he had taken his wife home on that fateful night he went to Chinn's place. What does Chinn's testimony say? "Monday McFarland tells you he did the shooting on December 9. WHy should he tell this if it is not true? What do Hosman and his wife, witnesses for the defense say? He tells you he was hid on the west side of the gate, fell in running away, etc. What do Hosman and his wife say? Exactly the same thing - only that they believed he was white. How in the name of high heaven could Monday McFarland have guessed all these situations, just as given by witnesses, if he was not there.

"Monday McFarland tells you that Mrs. Sheedy called him into her house on the Sunday of the shooting as he was coming from Mrs. White's home, where he had cut her boy's hair. What does Mrs. White tell you? She tells you he was at her house on that Sunday morning to cut her boy's hair.

Monday McFarland told the officers Mary Sheedy had given him a lock of her hair, and where they would find it. They got it. Has she ever made an effort to deny that the hair was a lock of hers. Why, in the name of God doesn't refute all this if it be false.

"Mrs. Sheedy told McFarland Walstrom was coming from Buffalo. Who in all the world could have told Monday McFarland so accurately if this confession be false.

"Monday McFarland tells you Mrs. Sheedy told him she was in a delicate condition. MRs. Swift testifies that Mrs. Sheedy told her she was in that condition. How, in the name of God, would Monday McFarland know all this?

"The learned advocate who addressed this jury yesterday alleged this prosecution was made from a venal standpoint and called on Sheedy's immortal spirit to cause his brother to desist. I would to God you could know the story John Sheedy's spirit could tell. He could tell you a story never told on this stand. From my understanding it is commendable for Dennis Sheedy, his brother, to spend his money to ferret out the perpetrator of his brother's murder.

"And, gentlemen, you don't want to lose sight of the fact that all this trouble originated with the coming of A. H. Walstrom. He was the disturbing element.

"If John Sheedy died from the effects of the blow she is guilty; if he died from the effects of poison, she is still guilty, and Monday McFarland, too, for he administered the blow to that end."

After addressing the jury on the matter of its duty, and reading a few medical authorities on morphine poisoning Mr. Hall closed his argument.

R. D. STEARNS.

The speaker began his argument by paying a happy tribute to woman, there being scores and scores in the audience, and said he felt they were there to lend that womanly sympathy that Bulwer spoke of.

Then addressing the jury he referred to the opposing counsel and told of the heinousness of murder in any form, erstwhile asking why all the array of eminent legal and detective talent if it were not funds from private pockets. "Why," the speaker said, "even Dr. Child was winding around all over this section like a serpent hunting evidence.

" 'Oh,' they say, 'Dennis Sheedy is not here dangling witnesses.' No, gentlemen, Dennis Sheedy is not here, but his money is. Monday represents talent.

"Why, gentlemen, this poor, grief stricken widow can do nothing that pleases the eminent gentlemen on the other side. Id she does not weep, they say she is heartless; if she weeps, they say it is crocodile tears.

Passing on to the methods of prosecution and in support of the charge that money was what the opposing counsel was working for, asked why it was the legally elected prosecuting attorney was so overshadowed by his co-workers. COntinuing Mr. Stearns scored Dennis Sheedy for the alleged transfer of realty in which the widow shared, and for the taking away of John Sheedy's gold watch and clothes.

Touching the comparisons made by Mr. Hall between the evidence and the confession, Mr. Stearns said the testimony of Mr. and Mrs. Hertz knocked the statement that Mrs. Sheedy was out of the house after water just prior to the shooting.

As to the whereabouts of McFarland on that night the speaker said the prosecution's own witness, Chinn, testified that Monday was at his place from 5 o'clock to alter midnight on that night.

Attention was then given the cane, Mr. Stearns telling of Malone's deal with Goldwater's boy, offering $200 to him as a reward, and asking why the prosecution did not put Malone on the stand to deny. He also analyzed the character of the Goldwaters. saying they were the direct descendants of the money-lenders of the Bible times, ending by informing the jury that the Goldwater boy, only fourteen years old, had said he had been in court at least two dozen times.

"The gentle and genial manipulations of Jim Malone, the mean and damnable manipulations of this man" were also polished to a great degree.

"I dare say, gentlemen," said Mr. Strode. "that not one has offered testimony in this case that furnishes one scintilla of evidence connecting these accused parties with this crime."

"Now, how have they identified the ring? Now there was Johnnie Kluusner, the servant girl, Dennis Sheedy and friends of the family - why did they not, bring them on the stand to identify this gold ring. Instead it is alleged the negro told Melick it was at the pawnbroker's; Melick went there, but didn't have a tocket, yet he got it, irrespective of number or anything else. Why did Waldman give up that ring without a pawn ticket. Simply for the same reason that Goldwater testified to the cane, there was money in it. It paid him to stand in with the police."

The speaker then turned his attention to the matter of how Monday McFarland could have known the circumstances spoken about in that confession, citing that he has known Sheedy for years and was familiar with every circumstance of the family.

As to the cane found at the Sheedy house he held that it had never been shown that that cane was actually left there by McFarland, nor whether it had not been left there in the interval between the first and second search of the promises by the officers. As to the condition of the window blinds Mr. Stearns rebutted the testimony of Chas. Tindall with that of Dr. Ruth M. Wood, who testified that all the shades were up until about one minute after the shooting, when windows were darkened by blinds.

In relation to the confession itself, he said there were some things that went to make up character and humanity that man could not swear away and when the statement was made of criminal intimacy between the defendants it was so revolting and unnatural to stamp it a lie in toto.

"What is the motive the prosecution offered to you for this crime, gentlemen. Now in this confession McFarland said Sheedy was his best friend on earth, and Hall says McFarland was overwhelmingly, distractedly in love with Mrs. Sheedy - worshipped the ground she walked on, she captured him and goes to him and tells him she's got a lover and wants Sheedy put out of the way. She hoo-doos him and makes him submissive to her every whim and though he loves her so devotedly he makes way for another take his place? Now that's one of the state's motives! That's one of the theories the state offers as why the blow was struck, depriving John Sheedy of his life. Did you ever of such a preposterous statement?" said Mr. Stearns. "Then on the part of Mrs. Sheedy, they say she had a motive. They tell you she loved Walstrom and wanted Sheedy put out of the way. Wanted to murder him. Why murder, gentlemen? Could she not have obtained a divorce? Is it not a fact that all gamblers are great sports and in following this was there not sufficient grounds?"

In opening his argument again this morning Mr. Stearns dwelt at some length upon circumstantial evidence, recalling innumerable cases where such evidence has sent innocent parties to the gallows and events transpiring after had proved it conclusively.

He passed then to the question of poisoning, scoffing the expert testimony and plainly insinuating that money had changed their minds since the coroner's jury. He said that Dr. Winnet had been trained by "the learned Mr. Lambertson," as well as others who look to stand to give expert testimony.

Then pleading in a sympathetic way for half an hour for his client, Mrs. Sheedy, in which many truly pretty pictures were drawn for the jury to gaze upon, he closed.

COL. J. E. PHILPOT followed Mr. Stearns, prefacing his arguments with the biography of his client, Monday McFarland, or sought to, but County Attorney Snell called a halt, holding that it was not permissible and that the colonel would have to stick to the evidence.

Mr. Philpot appealed to the court, erstwhile telling Mr. Snell that it was not the first case of this kind that he had been in and he knew that was proper, even if Mr. Snell did not.

The judge sustained the objection and Mr. Philpot desisted from this particular part of his speech, giving his attention to the confession of McFarland, saying, as he held the document aloft that it was the result of the miscegenation of a Caucassian and an African - Jom Malone and Monday McFarland, an illiterate negro. Then going over the confession he cited where McFarland had been persuaded to talk under promises. "This shows you," said he, "the miscegenation of this caucasian and my colored friend."

He then showed where on Sunday morning "the Caucasian" (Malone_ had called on McFarland and said he "understood" he wanted to make a confession and the negro replied, "yes, he was afraid to talk" the night previous and "it would lessen the severity of the consequences." This last sentence struck Col. Philpott as elegant language for his African friend and gave him conclusive proof of the miscegenation, at the Caucasian's solicitations and threats.

He furnished quite a monologue in going over the confession, picking out choice selections bearing the "earmark of the "Caucassian," and occasionally finding an empathic denial from McFarland lurking in the pages he would give fights of oratory that echoed through the room and fell with a dull thud upon Malone and the prosecution.

"It was not to relieve the mind, not to ease the conscience," Mr. Philpott said, "that McFarland told all this. It was because, as his confession says, the fiend incarnate told him 'it would be better' for him; he was, as the confession says, persuaded. And now look! After this fiend incarnate, this Malone, had persuaded him to tell all this he turns and says: 'Now you feel a damn sight better than you did last night, don't you.' Do you hold this to be competent evidence? Do you say this is admissible?"

He paid but little more attention to this phase of the confession and then passed on the subject of methods of getting confessions, incidentally saying the leech upon our modern society was what is known as detectives and said there was far more truth than first thought would suggest in the old saying that "it takes a thief to catch a thief" for some of them in search of reward had not lost their cunning. he also roasted the "sweat-box" methods resorted to by the thugs of the profession of detectives and then turned his fire upon the expert testimony given, complementing "Dr. Lambertson'' in his excellent work in posting his witness on important questions while they were on the stand, Drs. Casebeet, Winnett and Beckley particularly. He took them one by one and scored them without reserve. Dr. C. S. Hart came in for no little share of it, the colonel saying the doctor in answer to one of his questions, said he was at Sheedy's house a few hours prior to the death of his patient, for a "private reading" because charges had been made against him and he wanted to satisfy himself. After speculating on this for a moment or two Mr. Philpot ejaculated. "Who knows: it may have been through malpractice. I do not say it was; but it might have been through malpractice that John Sheedy died. Dr. Hart did not swear he was positive death was caused by morphine poisoning. Ah no! He thought it might have resulted from this, but rather favored the blow as the cause. He knew he would be only one of all others looked upon with a degree of suspicion. He was the attending physician. He even went home to get his instruments to administer morphine, and was impatient to administer. I do not say it was; but it might have been through malpractice."

Col. Philpot then took up the money phase of the case, saying in substance that there were $34,000 to be fished for by the able counsel of the prosecution - save county attorney snell, who alone was to receive only his regular pay and that his work in the case clearly showed he was doing all that he could be expected to do under the circumstances. However, the speaker averred he was not here to charge that Dennis Sheedy was after the estate.

At this point one of the juror, Johnson, who has been bordering on illness the past day or two, was becoming borne down by fever and the argument was cut off and adjournment taken to 2 o'clock.

At 2 o'clock Johnson was feeling some better thought he could stand a continuation of eloquence, and the speech resumed.

TO THE FRONT.

The Revenue Cutter, Bear, Ordered to Alaska.

It Looks Like Active Work On the Part of This Government.

CONDITIONS OF CROPS IN DAKOTA.

Work of the General Assembly of Presbyterians at Detroit, Michigan.

Aggressive Action.

Washington, May 27, -orders for the revenue cutter Bear to sail for Alaska were sent by telegraph this afternoon. While it is impossible to obtain positive information as to the character of the instructions to the revenue officers it is generally understood that they do not differ in any essential particular from those of last year.

A Reverend Counterfeiter.

Duquoin, Ill., May 27. -United States Marshal Bacon of Springfield, arrested Rev. Geo. W. Vancil here last night, on the charge of making counterfeit money. This is a sequel to the arrest of Rev. J. Holmes last Saturday. Holmes is supposed to be the leader of a gang of counterfeiters of which he is a member. More are to be arrested. Vancil was taken to Springfield this morning. He has lived near here for over twenty years and his arrest caused much surprise, as about $100 of spurious coin and utensils for manufacturing it were secured.

Indicting the Whole Crew. Los Angeles, Cal., May 27. -The United States grand jury returned indictments against Burt, Supreago and Captain O'Farrell, of the schooner Robert and Minnie. Burt gave $10,000 bail and was released, but the captain has not yet given bonds. Five sailors on the schoonen and two Chilian deserters will be detained as witnesses. Other Indictments were issued but the names are kept secret as the parties have not yet been arrested.

The Presbyterians.

Detroit, May 27. -After devotional services at the Presbyterian general assembly on religious exhibits at the world's fair.

Dr. Niccols read a report from the committee on increase of the ministry with particular reference to the reception of ministers from other denominations.

Referred to the committee on church policy.

The standing committee on foreign missions reported. Report notes the resignation of J. C. Lowrie, D. D., senior secretary and the appointment of David Gregg, D.D , to be a member of the board. Also of the field secretary, Rev. Thomas Marshall.

The treasurer's report for the year ending April 30, shows expenditures of $973,000, which with the shortage from last year, leaves a deficit of $90,000; an unusually large number of candidates applied for foreign work last year and seventy-three were found qualified and sent out; aggregate addition to mission churches is 2,875, an increase in pulpit and in schools is shown, as is also the growth in favor of medical missions. Work was hindered greatly by the war between Guatemala and San Salvador and by the present strike in Chili, but encouraging reports were received from elsewhere. After reference and overtures to the proper committees the recommendations of the committee on report of the foreign board was adopted.

Mr. L. Decius of York, Neb., has purchased the stock of goods lately owned by C. Bailey at 1951 O street.

Crops in the Dakotas.

Huron, S. D., May 27. -The crop bulletin for the week ending May 23, covering the counties of both Dakotas, is quite encouraging. Only a few counties report rain greatly needed, and none say crops are suffering for it. Wheat, barley and oats are making rapid progress, but it's too cool for corn. Wheat is up to two or three inches, flax is in good condition and potatoes said to be doing well.

Guaranteed Cure for La Grippe.

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Large size 50c and $1.00.

TWELFTH YEAR. LINCOLN, NEBRASKA, WEDNESDAY EVENING MAY

This Causes a Stop in the Arguments

In the Sheedy Case - Hall Compares the Confession and Evidence.

STEARNS SCORES EXPERT TESTIMONY.

Col. Philpot Opens with Venom Upon Malone and Makes the Doctors Dance.

Abruptly Stopped.

An unexpected turn was taken in the Sheedy murder case this morning, it becoming apparent that James Johnson, one of the jurors was sick with fever. This was after the close of Mr. Stearns' speech and at about the point when Col. J. E. Philpott was warmed up in his roast of the doctors, so adjournment was taken that Mr. Johnson might receive medical attention.

Following is the continuation of MR> HALL'S SPEECH YESTERDAY.

"It seems to me that the least Mrs. Sheedy could do is to do all that she can to convict Monday McFarland. But on the other hand, they are all endeavoring to free him. How much better would it have been for them to show the confession to be untrue?

"Monday McFarland in his confession tells you he went to the house after this tragedy. The servant girl testifies he was there four or five times.

"His confession says Mrs. Sheedy showed him Walstrom's picture in the album. This is corroborated by the statement of the servant who says his photo was in the album. Now what was Mrs. Sheedy doing with Monday McFarland in the parlor? Is it not repulsive to think a respectable white woman would have him there showing him her album.

"His confession says he got the cane at Goldwater's. Nobody contradicts. He says he paid 90 cents for the cane. Goldwater testifies Monday paid him 90 cents.

"Now gentlemen, these are circumstances and if there is one thing more than another to convince me that this was a conspiracy of Mrs. Sheedy and McFarland, it is the confession of McFarland in saying he went to see Mrs. Sheedy on Sunday night and she came out to pump a pitcher of water at 7 o'clock. How could Monday McFarland have guessed this? Did he have an inspiration from on high telling him when Mrs. Sheedy went out after water?

"She tells you all the curtains in the house, save the parlor, were down. Now this confession says she raised the sitting room curtain. This is corroborated by witness Tindall who says all were down but one. Now this was run up just as McFarland said it was - to show him when John Sheedy was coming. Do you think you would stand on that porch with all the lights about you while waiting for you victim? Somebody would have seen Monday McFarland standing there. Gentlemen of this jury, I am convinced that there was concert of action; Monday McFarland without, Mary Sheedy within. How did he know John Sheedy was coming out at all? It was at a time when all nature was at peace. While the servant girl was away from home. After young Dennis Sheedy, who had been staying at the house, was away. Gentlemen, it is plain.

"Mrs. Sheedy tells you that when Sheedy started to leave the house, she started for the kitchen to take some medicine - right by the window which was to be the signal that McFarland's victim was coming. Circumstances can't lie.

McFarland tells in his confession that he had on his cousin Stepney's overcoat. What does Stepney and Mattie Neal tell you? His confession tells you that after he had taken his wife home on that fateful night he went to Chinn's place. What does Chinn's testimony say? "Monday McFarland tells you he did the shooting on December 9. WHy should he tell this if it is not true? What do Hosman and his wife, witnesses for the defense say? He tells you he was hid on the west side of the gate, fell in running away, etc. What do Hosman and his wife say? Exactly the same thing - only that they believed he was white. How in the name of high heaven could Monday McFarland have guessed all these situations, just as given by witnesses, if he was not there.

"Monday McFarland tells you that Mrs. Sheedy called him into her house on the Sunday of the shooting as he was coming from Mrs. White's home, where he had cut her boy's hair. What does Mrs. White tell you? She tells you he was at her house on that Sunday morning to cut her boy's hair.

Monday McFarland told the officers Mary Sheedy had given him a lock of her hair, and where they would find it. They got it. Has she ever made an effort to deny that the hair was a lock of hers. Why, in the name of God doesn't refute all this if it be false.

"Mrs. Sheedy told McFarland Walstrom was coming from Buffalo. Who in all the world could have told Monday McFarland so accurately if this confession be false.

"Monday McFarland tells you Mrs. Sheedy told him she was in a delicate condition. MRs. Swift testifies that Mrs. Sheedy told her she was in that condition. How, in the name of God, would Monday McFarland know all this?

"The learned advocate who addressed this jury yesterday alleged this prosecution was made from a venal standpoint and called on Sheedy's immortal spirit to cause his brother to desist. I would to God you could know the story John Sheedy's spirit could tell. He could tell you a story never told on this stand. From my understanding it is commendable for Dennis Sheedy, his brother, to spend his money to ferret out the perpetrator of his brother's murder.

"And, gentlemen, you don't want to lose sight of the fact that all this trouble originated with the coming of A. H. Walstrom. He was the disturbing element.

"If John Sheedy died from the effects of the blow she is guilty; if he died from the effects of poison, she is still guilty, and Monday McFarland, too, for he administered the blow to that end."

After addressing the jury on the matter of its duty, and reading a few medical authorities on morphine poisoning Mr. Hall closed his argument.

R. D. STEARNS.

The speaker began his argument by paying a happy tribute to woman, there being scores and scores in the audience, and said he felt they were there to lend that womanly sympathy that Bulwer spoke of.

Then addressing the jury he referred to the opposing counsel and told of the heinousness of murder in any form, erstwhile asking why all the array of eminent legal and detective talent if it were not funds from private pockets. "Why," the speaker said, "even Dr. Child was winding around all over this section like a serpent hunting evidence.

" 'Oh,' they say, 'Dennis Sheedy is not here dangling witnesses.' No, gentlemen, Dennis Sheedy is not here, but his money is. Monday represents talent.

"Why, gentlemen, this poor, grief stricken widow can do nothing that pleases the eminent gentlemen on the other side. Id she does not weep, they say she is heartless; if she weeps, they say it is crocodile tears.

Passing on to the methods of prosecution and in support of the charge that money was what the opposing counsel was working for, asked why it was the legally elected prosecuting attorney was so overshadowed by his co-workers. COntinuing Mr. Stearns scored Dennis Sheedy for the alleged transfer of realty in which the widow shared, and for the taking away of John Sheedy's gold watch and clothes.

Touching the comparisons made by Mr. Hall between the evidence and the confession, Mr. Stearns said the testimony of Mr. and Mrs. Hertz knocked the statement that Mrs. Sheedy was out of the house after water just prior to the shooting.

As to the whereabouts of McFarland on that night the speaker said the prosecution's own witness, Chinn, testified that Monday was at his place from 5 o'clock to alter midnight on that night.

Attention was then given the cane, Mr. Stearns telling of Malone's deal with Goldwater's boy, offering $200 to him as a reward, and asking why the prosecution did not put Malone on the stand to deny. He also analyzed the character of the Goldwaters. saying they were the direct descendants of the money-lenders of the Bible times, ending by informing the jury that the Goldwater boy, only fourteen years old, had said he had been in court at least two dozen times.

"The gentle and genial manipulations of Jim Malone, the mean and damnable manipulations of this man" were also polished to a great degree.

"I dare say, gentlemen," said Mr. Strode. "that not one has offered testimony in this case that furnishes one scintilla of evidence connecting these accused parties with this crime."

"Now, how have they identified the ring? Now there was Johnnie Kluusner, the servant girl, Dennis Sheedy and friends of the family - why did they not, bring them on the stand to identify this gold ring. Instead it is alleged the negro told Melick it was at the pawnbroker's; Melick went there, but didn't have a tocket, yet he got it, irrespective of number or anything else. Why did Waldman give up that ring without a pawn ticket. Simply for the same reason that Goldwater testified to the cane, there was money in it. It paid him to stand in with the police."

The speaker then turned his attention to the matter of how Monday McFarland could have known the circumstances spoken about in that confession, citing that he has known Sheedy for years and was familiar with every circumstance of the family.

As to the cane found at the Sheedy house he held that it had never been shown that that cane was actually left there by McFarland, nor whether it had not been left there in the interval between the first and second search of the promises by the officers. As to the condition of the window blinds Mr. Stearns rebutted the testimony of Chas. Tindall with that of Dr. Ruth M. Wood, who testified that all the shades were up until about one minute after the shooting, when windows were darkened by blinds.

In relation to the confession itself, he said there were some things that went to make up character and humanity that man could not swear away and when the statement was made of criminal intimacy between the defendants it was so revolting and unnatural to stamp it a lie in toto.

"What is the motive the prosecution offered to you for this crime, gentlemen. Now in this confession McFarland said Sheedy was his best friend on earth, and Hall says McFarland was overwhelmingly, distractedly in love with Mrs. Sheedy - worshipped the ground she walked on, she captured him and goes to him and tells him she's got a lover and wants Sheedy put out of the way. She hoo-doos him and makes him submissive to her every whim and though he loves her so devotedly he makes way for another take his place? Now that's one of the state's motives! That's one of the theories the state offers as why the blow was struck, depriving John Sheedy of his life. Did you ever of such a preposterous statement?" said Mr. Stearns. "Then on the part of Mrs. Sheedy, they say she had a motive. They tell you she loved Walstrom and wanted Sheedy put out of the way. Wanted to murder him. Why murder, gentlemen? Could she not have obtained a divorce? Is it not a fact that all gamblers are great sports and in following this was there not sufficient grounds?"

In opening his argument again this morning Mr. Stearns dwelt at some length upon circumstantial evidence, recalling innumerable cases where such evidence has sent innocent parties to the gallows and events transpiring after had proved it conclusively.

He passed then to the question of poisoning, scoffing the expert testimony and plainly insinuating that money had changed their minds since the coroner's jury. He said that Dr. Winnet had been trained by "the learned Mr. Lambertson," as well as others who look to stand to give expert testimony.

Then pleading in a sympathetic way for half an hour for his client, Mrs. Sheedy, in which many truly pretty pictures were drawn for the jury to gaze upon, he closed.

COL. J. E. PHILPOT followed Mr. Stearns, prefacing his arguments with the biography of his client, Monday McFarland, or sought to, but County Attorney Snell called a halt, holding that it was not permissible and that the colonel would have to stick to the evidence.

Mr. Philpot appealed to the court, erstwhile telling Mr. Snell that it was not the first case of this kind that he had been in and he knew that was proper, even if Mr. Snell did not.

The judge sustained the objection and Mr. Philpot desisted from this particular part of his speech, giving his attention to the confession of McFarland, saying, as he held the document aloft that it was the result of the miscegenation of a Caucassian and an African - Jom Malone and Monday McFarland, an illiterate negro. Then going over the confession he cited where McFarland had been persuaded to talk under promises. "This shows you," said he, "the miscegenation of this caucasian and my colored friend."

He then showed where on Sunday morning "the Caucasian" (Malone_ had called on McFarland and said he "understood" he wanted to make a confession and the negro replied, "yes, he was afraid to talk" the night previous and "it would lessen the severity of the consequences." This last sentence struck Col. Philpott as elegant language for his African friend and gave him conclusive proof of the miscegenation, at the Caucasian's solicitations and threats.

He furnished quite a monologue in going over the confession, picking out choice selections bearing the "earmark of the "Caucassian," and occasionally finding an empathic denial from McFarland lurking in the pages he would give fights of oratory that echoed through the room and fell with a dull thud upon Malone and the prosecution.

"It was not to relieve the mind, not to ease the conscience," Mr. Philpott said, "that McFarland told all this. It was because, as his confession says, the fiend incarnate told him 'it would be better' for him; he was, as the confession says, persuaded. And now look! After this fiend incarnate, this Malone, had persuaded him to tell all this he turns and says: 'Now you feel a damn sight better than you did last night, don't you.' Do you hold this to be competent evidence? Do you say this is admissible?"

He paid but little more attention to this phase of the confession and then passed on the subject of methods of getting confessions, incidentally saying the leech upon our modern society was what is known as detectives and said there was far more truth than first thought would suggest in the old saying that "it takes a thief to catch a thief" for some of them in search of reward had not lost their cunning. he also roasted the "sweat-box" methods resorted to by the thugs of the profession of detectives and then turned his fire upon the expert testimony given, complementing "Dr. Lambertson'' in his excellent work in posting his witness on important questions while they were on the stand, Drs. Casebeet, Winnett and Beckley particularly. He took them one by one and scored them without reserve. Dr. C. S. Hart came in for no little share of it, the colonel saying the doctor in answer to one of his questions, said he was at Sheedy's house a few hours prior to the death of his patient, for a "private reading" because charges had been made against him and he wanted to satisfy himself. After speculating on this for a moment or two Mr. Philpot ejaculated. "Who knows: it may have been through malpractice. I do not say it was; but it might have been through malpractice that John Sheedy died. Dr. Hart did not swear he was positive death was caused by morphine poisoning. Ah no! He thought it might have resulted from this, but rather favored the blow as the cause. He knew he would be only one of all others looked upon with a degree of suspicion. He was the attending physician. He even went home to get his instruments to administer morphine, and was impatient to administer. I do not say it was; but it might have been through malpractice."

Col. Philpot then took up the money phase of the case, saying in substance that there were $34,000 to be fished for by the able counsel of the prosecution - save county attorney snell, who alone was to receive only his regular pay and that his work in the case clearly showed he was doing all that he could be expected to do under the circumstances. However, the speaker averred he was not here to charge that Dennis Sheedy was after the estate.

At this point one of the juror, Johnson, who has been bordering on illness the past day or two, was becoming borne down by fever and the argument was cut off and adjournment taken to 2 o'clock.

At 2 o'clock Johnson was feeling some better thought he could stand a continuation of eloquence, and the speech resumed.

TO THE FRONT.

The Revenue Cutter, Bear, Ordered to Alaska.

It Looks Like Active Work On the Part of This Government.

CONDITIONS OF CROPS IN DAKOTA.

Work of the General Assembly of Presbyterians at Detroit, Michigan.

Aggressive Action.

Washington, May 27, -orders for the revenue cutter Bear to sail for Alaska were sent by telegraph this afternoon. While it is impossible to obtain positive information as to the character of the instructions to the revenue officers it is generally understood that they do not differ in any essential particular from those of last year.

A Reverend Counterfeiter.

Duquoin, Ill., May 27. -United States Marshal Bacon of Springfield, arrested Rev. Geo. W. Vancil here last night, on the charge of making counterfeit money. This is a sequel to the arrest of Rev. J. Holmes last Saturday. Holmes is supposed to be the leader of a gang of counterfeiters of which he is a member. More are to be arrested. Vancil was taken to Springfield this morning. He has lived near here for over twenty years and his arrest caused much surprise, as about $100 of spurious coin and utensils for manufacturing it were secured.

Indicting the Whole Crew. Los Angeles, Cal., May 27. -The United States grand jury returned indictments against Burt, Supreago and Captain O'Farrell, of the schooner Robert and Minnie. Burt gave $10,000 bail and was released, but the captain has not yet given bonds. Five sailors on the schoonen and two Chilian deserters will be detained as witnesses. Other Indictments were issued but the names are kept secret as the parties have not yet been arrested.

The Presbyterians.

Detroit, May 27. -After devotional services at the Presbyterian general assembly on religious exhibits at the world's fair.

Dr. Niccols read a report from the committee on increase of the ministry with particular reference to the reception of ministers from other denominations.

Referred to the committee on church policy.

The standing committee on foreign missions reported. Report notes the resignation of J. C. Lowrie, D. D., senior secretary and the appointment of David Gregg, D.D , to be a member of the board. Also of the field secretary, Rev. Thomas Marshall.

The treasurer's report for the year ending April 30, shows expenditures of $973,000, which with the shortage from last year, leaves a deficit of $90,000; an unusually large number of candidates applied for foreign work last year and seventy-three were found qualified and sent out; aggregate addition to mission churches is 2,875, an increase in pulpit and in schools is shown, as is also the growth in favor of medical missions. Work was hindered greatly by the war between Guatemala and San Salvador and by the present strike in Chili, but encouraging reports were received from elsewhere. After reference and overtures to the proper committees the recommendations of the committee on report of the foreign board was adopted.

Mr. L. Decius of York, Neb., has purchased the stock of goods lately owned by C. Bailey at 1951 O street.

Crops in the Dakotas.

Huron, S. D., May 27. -The crop bulletin for the week ending May 23, covering the counties of both Dakotas, is quite encouraging. Only a few counties report rain greatly needed, and none say crops are suffering for it. Wheat, barley and oats are making rapid progress, but it's too cool for corn. Wheat is up to two or three inches, flax is in good condition and potatoes said to be doing well.

Guaranteed Cure for La Grippe.

We authorize our advertised druggist to sell you Dr. King's new Discovery for Consumption, coughs and Colds, upon this condition. If you are afflicted with La Grippe and will use this remedy according to directions, giving it a fair trial, and experience no benefit, you may return the bottle and have your money refunded. We make this offer, because of the wonderful success of Dr. King's New Discovery during last season's epidemic. Have heard of no case in which it failed. Try it. Trial bottle free at J. H. Harley's drug store.

Large size 50c and $1.00.