204

STILL EXAMING JURORS.

Eleven Men Found Acceptable to Both Sides of the Sheedy Case.

PRIVATE INTERVIEWS WITH CLIENTS.

John Grimes Arrested at Beatrice for Attempting to Wreck a, Train--Cold Wave in the Northwest--Other State News.

LINCOLN, Neb., May 9--[Special to THE BEE.]--Immediately following the opening of court this morning Colonel Philpot, counsel for Monday McFarland, arose to a question of personal privilege as relates to the right of his client to hold private interviews with his (the prisoner's) wife and other parties.

"We exercised this right after the adjournment of court," said Colonel Philpot, "and it appears to have raised a great roar on the part of counsel for the state. The interview referred to," remarked the colonel, growing in warmth of expression and animation, "was between Mr. Carder, one of our witnesses, and Monday McFarland, one of the defendants, and our client. I know this is permitted in civil cases, and certainly when life is involved the necessity is much greater, and of more paramount importance. That the law permits the defendant to have these private interviews in the presence, but not in the bearing, of the jailer or other authorized official I maintain as a right, which we shall insist upon."

"I think," said Judge Field, interrupting, "there is no impropriety in according to defendants the privilege of holding private conferences with their own witnesses and counsel, as they have an undoubted right to do all they can legitimately to assist their own defense. However, I think these conferences, if held between his wife and others, should take place in the court room and during the session of court."

Counsel Frank Hall, for the state, addressing the court in the interest of the prosecution, state that the interview between McFarland and Carder had occurred in the court room last evening after adjournment, and while Judge Field was absent from the room. This he thought unfair and not permissible under the law.

Judge Field, in passing upon the controverted point, stated that it had come to his knowledge that some person had applied at the jail last evening for permission to converse privately with McFarland. The jailor had applied to the court for instructions to guide his action in the matter. The court would therefore direct the jailor to grant no private interviews of this character unless it should occur in the court room. In this latter event the court would determine the matter by an order in each instance and direct the jailor to make application whenever the privilege was desired.

The dreary work of examining jurors continued all day and resulted in both sides passing a negro. The eleven men now in the jury box are: J. Van Campin, George Albrecht, J. C. Jensen, A. B. Norton, H. H. Shatzell, John H. Hart, A. W. Weddifield, Jacob Croy, Albert Ward, Warren Clark and Elgin C. Hartshorn.

The passing of the negro, Joe Carter, into the jury box was the first thing that has yet really excited Mrs. Sheedy. For several minutes she and her rich uncle, Colonel Biggerstaff, were engaged in earnest conversation. Finally a few words were whispered in the ears of Billingsley, the attorney for Monday McFarland. Billingsley then astounded the court by asking permission to take McFarland outside of the court room for a private consultation. This is granted. On returning to the room Billingsley exercised the right of peremptory challenge and the negro, Carter, was let out of the jury box. As Carter passed out he laid his hand on Monday McFarland a shoulder in a friendly manner. A moment after the poor colored prisoner burst into tears. The action of Billingsley in this matter and, in fact, the whole transaction has created more of a sensation than anything yet in connection with the trial. Some very sinister constructions are placed upon it.

There now remains only one peremptory challenge for the prosecution and one for the defense. It is believed, therefore, that a full jury will be secured by Monday noon. The prosecution has made arrangements to have Prof. Haynes of Chicago, a distinguished mixologist, to testify in regard to the symptoms of morphine poisoning and care will be taken to have all the symptoms of the murdered man before his demise brought out in court.

STILL EXAMING JURORS.

Eleven Men Found Acceptable to Both Sides of the Sheedy Case.

PRIVATE INTERVIEWS WITH CLIENTS.

John Grimes Arrested at Beatrice for Attempting to Wreck a, Train--Cold Wave in the Northwest--Other State News.

LINCOLN, Neb., May 9--[Special to THE BEE.]--Immediately following the opening of court this morning Colonel Philpot, counsel for Monday McFarland, arose to a question of personal privilege as relates to the right of his client to hold private interviews with his (the prisoner's) wife and other parties.

"We exercised this right after the adjournment of court," said Colonel Philpot, "and it appears to have raised a great roar on the part of counsel for the state. The interview referred to," remarked the colonel, growing in warmth of expression and animation, "was between Mr. Carder, one of our witnesses, and Monday McFarland, one of the defendants, and our client. I know this is permitted in civil cases, and certainly when life is involved the necessity is much greater, and of more paramount importance. That the law permits the defendant to have these private interviews in the presence, but not in the bearing, of the jailer or other authorized official I maintain as a right, which we shall insist upon."

"I think," said Judge Field, interrupting, "there is no impropriety in according to defendants the privilege of holding private conferences with their own witnesses and counsel, as they have an undoubted right to do all they can legitimately to assist their own defense. However, I think these conferences, if held between his wife and others, should take place in the court room and during the session of court."

Counsel Frank Hall, for the state, addressing the court in the interest of the prosecution, state that the interview between McFarland and Carder had occurred in the court room last evening after adjournment, and while Judge Field was absent from the room. This he thought unfair and not permissible under the law.

Judge Field, in passing upon the controverted point, stated that it had come to his knowledge that some person had applied at the jail last evening for permission to converse privately with McFarland. The jailor had applied to the court for instructions to guide his action in the matter. The court would therefore direct the jailor to grant no private interviews of this character unless it should occur in the court room. In this latter event the court would determine the matter by an order in each instance and direct the jailor to make application whenever the privilege was desired.

The dreary work of examining jurors continued all day and resulted in both sides passing a negro. The eleven men now in the jury box are: J. Van Campin, George Albrecht, J. C. Jensen, A. B. Norton, H. H. Shatzell, John H. Hart, A. W. Weddifield, Jacob Croy, Albert Ward, Warren Clark and Elgin C. Hartshorn.

The passing of the negro, Joe Carter, into the jury box was the first thing that has yet really excited Mrs. Sheedy. For several minutes she and her rich uncle, Colonel Biggerstaff, were engaged in earnest conversation. Finally a few words were whispered in the ears of Billingsley, the attorney for Monday McFarland. Billingsley then astounded the court by asking permission to take McFarland outside of the court room for a private consultation. This is granted. On returning to the room Billingsley exercised the right of peremptory challenge and the negro, Carter, was let out of the jury box. As Carter passed out he laid his hand on Monday McFarland a shoulder in a friendly manner. A moment after the poor colored prisoner burst into tears. The action of Billingsley in this matter and, in fact, the whole transaction has created more of a sensation than anything yet in connection with the trial. Some very sinister constructions are placed upon it.

There now remains only one peremptory challenge for the prosecution and one for the defense. It is believed, therefore, that a full jury will be secured by Monday noon. The prosecution has made arrangements to have Prof. Haynes of Chicago, a distinguished mixologist, to testify in regard to the symptoms of morphine poisoning and care will be taken to have all the symptoms of the murdered man before his demise brought out in court.