81
The Sheedy Trial.
The trial of Bart Beck, the Sprague school teacher, for stealing a pair of mules and running off with Mary Zimmerman, came to an end yesterday evening in the acquittal of the defendant.
The defense showed in the trial that there had been no intention of appropriating the team, and that after getting to Wilbur safely with his trunk and the fair Mary, the mules were turned loose with a note pinned to the seat, giving directions to return them to Sprague and upon this plea the jury brought in a verdict for the defendant.
Bart acknowledges that he has done wrong and proposes to go back to Sprague and pay up his debts. His wife recenently left him and returned to her parents in Mercer county, Mo., owing to family difficulties. There is considerable feeling around Sprague against him and he may find a warm reception there, as it is claimed that he has a somewhat unsavory reputation. The father of the frail and too confiding Mary has kept her in close watch and may take Bart in hand if he gets a chance.
William J. Hilker petitions that court to dissolve the bonds that unite him to his wife Maria, alleging that Mary has been indiscrete in bestowing her favors upon one Clarence Bascome in this city on the 1st day December, 180, and again at divers times since at 944 North Twelfth street. He also accuses her of extreme cruelty in using vile and profane language and hitting him with a fire shovel, and pouring scalding hot water on his already lacerated wounds and feelings, for all which he prays for relief.
The case of Sarah B. Gibson against the city of Lincoln is on trial for damages resulting from a fall caused by a defective sidewalk in front of 1228 T street by reason of which the plaintiff received injury and consequent illness. It is also alleged that her reason has been affected. The defense for the city is that it had taken ordinary care of the walk and could not be held accountable.
The jury in the case of Charles Melson caused of burglary could not agree and were discharged. The defendant was admitted to bail in the sum of $300 to appear June 1.
The trial of Monday McFarland and Mary Sheedy is set for Monday.
The will of the hate J. R. Richards was probated yesterday. By its provisions Mrs. Richards receives the entire property and is appointed administration bond waived.
82
THE SHEEDY TRAIL ------ Commences This Morning The Jury Panel Ques tioned. ------ An interview with McFarland's At torney- Judge Weir of Idaho of Mrs. Sheedy's Counsel. ------ Jury Being Paneled. The proccedings in the opening of the Sheedy case came to a stand still this morning. The attorneys for the de fense raised the question on the jury panel rasing the point that it had not been properly formed and not in ac ordance with the law, and that the de fense had a right to know the method of forming the panel, used by the coun ty commissioners. Judge Field took the matter under consideration until the opening of court this afternoon. When the court convened this after noon Judge Field overruled the motion of the consel and the panelling of the jury was then procceded with. Counsel for both sides are using all their legal acumen to ascertain if anu of the panel know anything about the case. The court room is filled ith an eager throng of people, many ladies being in attendance and taking a deep interest in the case. Mrs. Sheedy's bearing is very lady-like and with she shows the effect of her confinement somewhat. is bearing up under the strain very well indeed. McFarland has not changed much and his appearance does not indi cate yet that he appreciates fully the position he occupies. During the last few days he has been somewhat ner vous and at times in court will look around with questioning eyes. At the time we go to press no one had been selected as a juror. The Bee of today under the head of " Somewhat Starting Story," comes out with a colum screed about the Sheedy case which began today. The state meuts are many of them too for fetch ed to be received as strictly true by the residents of Lincoln. Believing that the other side had its story to tell a CALL reporter interviewed one of the attorneys for the defense in the case of the state agains. Sheedy and McFar land respeeting the charges made against the attorneys of Monday Mc Farland. He said as follows, very em phatically: " There is not a scintilla of truth in the charge of conspiracy on the part of the attorneys to make Mc Farland a scape goat and let this case go by default in order to aid her acquittal. The utmost endeavor will be made to acquit both of the defendants which we belive will be done under the law and the evidence governing their case. If there has been any conspiracy in this case or attept at conspiracy it has come from the side if the state's attor neys endeavoring to patch up an ar rangement by which they hope to con vict Mrs. Sheedy; but faling in this , this lie reported in the Bee is sent abroad to poison the public opinion against the defendants, and especial ly against Mrs. Sheedy. The attorney's for Monday McFarland have not re ceived, or agreed to receive, half as much money as the Bee reporter has re ceived , or will receive recive for sending abroad this malicious falsehood. many faetured by some one to prejudice the defense. One other statement they make is that if she comes out clear she is to re ceive $80,000, while the estate will not realize $80,000, half of which in any event goes to the brothers and sisters of John Sheedy. Another trouble is, a few attorneys have tried to crawl in with the case by various means, but falling in that malign their brother attorneys who have been employed for these defend ants. The statement that Mr. Strode had announced that if Mrs. Sheedy was cleared he would have enough money to buy a fine house, has not the merit of having a vestige of truth in it. It is all manufactured out of whole cloth. The fee to be recived from Mrs. Sheedy on her acquital is a very mod erate and reasonable one the amount of which is dictated by Mrs. Sheedy's uncle, Mr. Bigerstaf. who came here some days ago from Bouis City, Idaho, he being a state senator of that state, bringing with him Judge Weir of that state. If the attorneys for the state will pay less attention to trying to manufac ture public opinion through the news papers and will simply discharge their duties, and go right along sawing wood. they probaly will subserve the interst of the state just as well. We are defending two people charged with murder both of whom we think in nocent. We will use all honest endeav ors at out command to secure their ac quittal and will not try to bolster up our case by endeavoring to poisoning the public mind against them. -------------------
83
THE SHEEDY MURDER TRIAL --------- The Work of Impanelling a Jury Still Coes On. --------- But Little as YetManifested---A Mo- notonous Morning's Work- The attendants. -------- Seiecting a Jury. When Judge Field in the district court resumed his work this morning at nine o'clock there was still lacking three to make the full compiement of juros in the Sheedy murder case now on be fore him, for last evening when court adjourned the nine men retained as having passed the challenge for cause were J. P Hendry. E. D. Champion Henry Harkson. Charles Ring. F. H. Dunham. C. Oakes. F. W. Quackenboss. James Reed and L. L Corey. The coterie of lawyers sat at the table on the south side. directly in front of the witness box. Messrs. Snell, Hall and Lambent on for the state, Judge Weir of Boise City, Idaho and Attorney Strode for Mrs. Mary Sheedy, and Bil lingesly & Woodward and J. E. Phil pott for McFarland, occupying position around. Mrs. Sheedy pale but attrac tive in deep mourning sat to the right of her attorneys and between her sister, Mrs. Morgan of San Diego, Cal and Judge Weir of Idaho. She evinced a careful interest in everything and scanned critically the face of everyone called to the stand. as if to read in advance his very thoughts. Monday McFarland sat just behind the whote haired and whit bearded judge who is espousing the cause of the fair defendant, and was comparatively hap py, to judge from appearances. The work of the morning was really begun when Stearns made a motion ob jecting to the present panel of jury a (?) asked that they be quashed an excused on the ground that (four of them) E. T. Ewing. E. W. Jackson. W. B. Mills and Andrew Sipp, did not offer appearnce or offer any excuse when called. This was overruled and ecception taken. C. W. Dulan, after the regulation ex anination of jurors, was challenged for cause and Judge Field sustanined the challenge. J. W. Castoz was the next called Col. Philpot. attorney for McFarland, called the attention of the court to the matter of the recent enactiment concern ing jurors and the publications of pur ported facts of crime as relates to their opinions or convictions. holding that it does not debar Judge Field responded by saying that he had thought over this particaular matter during the night and it was his opinion that the clause re cited did not amend the law of 89. However, he would give the attorneys an opportunity to recall challenged jurors later on Mr. Castoz responses to interrogatories seemed to qualify him sufficiently and he took the jury box along with the nine others. Mr. Chas. Speer was the next called, but was challenged and excused. Alba Brown Jr. A. M. Bartram. John Franklin, I. M. Hill. Ed. Ferris. Chas. P. Anderson and C. N. Crandall fared as did Mr. Speer. Mr. Anderson, in the terms of the court, was excused because he could not properly under stand the English language or rather fathom the interrogatories hurled at him in law lore by the attorneys. Mr. Crandall had evidently formed opinions and inadvertantly expressed them in answer to the questions put to him to determine his qualitications. It is need less to say he was excused from duty and as he passed out from the railings the eyes of Mrs. Sheedy followed him in a piercing stare. This was the result of the morning's work and when recess was announced only one more had taken his place in the jury box and two still to be selected. And even after the trail panel of twelve shall have run the guantlet of challenge for cause. It will probably be pretty thoroughly thinned out again by peremptory challenges. of which the state has six and the defens sixteen. so that it may yet he some time before the active work will begin. The questions put in the examina tion of jurors, are simply routine, and as to whether or not they have formed any opinion; were their opinions based on newspaper reports; had they formed an opinions as to whether Sheedy was killed from a blow of otherwise. etc. This afternoon the jurors were re called for examinations as to the forma tion of opinion from newspaper articles concerning the murder of John Sheedy the inquest. etc. Of the ten five were suspended up to three o'clock, they being Messrs. Hendry, Hartely, Oats. Quackenbooss and Champion. Charles Binger was recalled also, and in answer to the questions gave out that he had formed an opinion from the reports read in the papers, but that opinion was not a fixed one nor one that would not be changed by evidence. He had no conscientioys scruples that would thwart the law. He was chal lenged. but it was overruled and he took his seat again in the box. These were all that were recalled and the work was again turned to the examination of jurors, S. S. Griffin being called to the stand at 3 o'clock.
84
A CREARY GRIND,
---------------------- The Selection of a Jury Goes Slowly on.
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Mrs. Mary Sheedy, Monday McFarland and Interested Relatives Apparently Unconcerned.
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A Glimpse at the Principals.
There is little or no interest in the present stage of proceedings in the case now on before Judge Field in the district court, wherein Mary Sheedy and Monday McFarland stand accused of the murder of John Sheedy.
The work of selecting a jury is hard, tedious and long, owing to widespread discussion given the crime since its commission in January. For this reason it is difficult to secure jurors who have formed no opinions as to the gulit or ninnocence of the parties and it may take a day or two yet to complete the panel. The defense is entitled to thirty-two peremptory challanges and the state six.
The same routine work was pursued throughout the day yesterday in the examination of jurors, but last evening when court adjourned there were eleven jurors in the box as follows: Charles M. Ring, James Reed, L. L. Cory, J. W. Castor, S. S. Griffin, A. B. Norton, James Van Campin, Frank Doyle, I. L. Lymna, A. P. Martin, David Hettrick. They were marched away to camp over night in the jury room in charge of Colonel Taylor.
The jurors who had not been called were cautioned to permit no one to discuss the case with them and the court announced an adjournment at 5 until 9 a. m. today.
THIS MORNING.
The work of selecting a jury was resumed at 9 o'clock, with the same faces to be seen in the place alloted for visitors to the court.
Mary Sheedy sat today between her sisters, Mesdames Morgan and Dean, while her uncle Mr. Biggerstaff, sat close at hand. As the center figure of the group her precense was commanding. The same deep mourning lent a charm to a bewitching face that showed traces of care and worry, yet was calm in expression. No traces of weeping were discovered, as when formerly she occupied a place before the courts, but she evinced the deepest interest in the examination of jurors that went monotonously ou in the same old strain. Her eyes never failed to rest upon each and everyone that took the chair and as each question was asked, her dark, penetrating optics fastened themselves upoin the occupant of the chair in a soulful sort of way that needs must have appealed in no uncertain degree to the heart and conscience.
Mrs. Morgan of San Diego, was attired in a neat-fitting dress of brown with just enough of black in headgear to bring out a prepossessing face and intelligent bearing to good advantage. Mrs. Dean, a little older than wither of her sisters, was dressed in black. No agitation was noted in the features of either of the ladies nor thier uncle, Mr. Biggerstaff. Each was composed and while perhaps displaying a little more attention to all that was said and done than the rest of those in the court room were not more wrought up despite the difference in position before the eyes of all.
Monday McFArland, the negro whose confession of implication in the murder of John Sheedy has aroused the public, astounded the entire state and brought the dead man's wife before the world as an alleged accomplice, aider and abettor, sat demurely to the left and a little to the rear of the ladies, giving less attention to the proceeding perhaps than any one else.
The work of the morning was virtually a repetition of yesterday.
The jury of twelve was completed by the addition of F. A. Grover , it was passed by the counsel of both sides for cause one was excused and the examination of the special panel continued.
William Green was called and said he had formed an opinion from what he had heard and read, but not from the confession of Monday McFArland. He had conscientious scruples and could not bring in a verdict involving life. He was challeneged by the prosecution and was excused.
M. F. King was one of the special venire but wanted to leace on the noon train and hence asked to have his examination made before that time. He took the stand, said he had an opinion based on what he had read, didn't think any evidence could be produced which would alter that opinion, as he followed the case closely, studied over it and consequently his mind was already made up. He was of course cahllenged and Judge Field told him he could leave on the noon train. And he left.
Others were called, examined, challenged for cause and excused, and so it went to the noon hour.
At the noon hour, however C. F. King was excused and Wm. Hurdman placed on the panel in his stead; Frank Doyle excused and John Kieffor put on; L. L. Lyman excused and Peter Peterson put on; S. S. Griffin excused and E. J. Rogers put on; L. L. Corey excused and George Albright assigned to the box in his stead, all having gone through the examination as to opinions, consciences scruples, etc.
Among those who confronted the array of eminent legal talent as a target for their interrogations was Hiram Duling of West Oak precenct. It is not that he is good-looking that THE CALL artist singled him out from among the great number as a subject for his pencil's work, but on account of the fact that Biram is one man who can read the newspapers and still not be impressed, as he virtually admitted. He said he had read all the papers containing puported facts of the murder of John Sheedy and yet these articles left no impression on his mind. And still he couldn't presume the accused to be innocent. He couldn't say that he was opposed to the dath penalty, and could rely on upon circumstancial evidence for its infliction. Mereover he didn't know as he had formed an opinion as to the method of Sheedy's taking off, still he couldn't presume the accused innocent of the commission of the crime. All the same he had formed an opinion as to a conspiracy to murder Sheedy, and all were of the opinion that he was by far too intelligent a man for a juror and was excused on the challenge of the defense.
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POLICE CULLINGS
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Drunks-PLain and Ornamental-Strayed and Stolen items.
When his honor assumed the judicial ermine this morning an array of some six hopeless plain drunks, vags and larcenists toed the mark to face stern justice. Picking out one Al White, who been run in by Officer McWilliams for appropriating too much sidewalk in his drunken perambulations, the judge with his blandest smile enquired guilty or not. No reasonable excuse being offered, he was remanded in company with Jim Smith, a vag. Farnk Jones, a drunk, M. H. Goodman and C. H. Young, whom Marshal dinges and Officer Green had run in for larceny of the preson, to await a later hearing.
James Kane, a better class of drunk was assessed $1 and cost, which he presented to the judge and was allowed to retire.
Jake Shaeffer reports an estray gray filly from the Quick farm near Emerald and desires its return.
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FULLER IS RELEASED.
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John F. Fuller Walks Forth From the Penitentiary.
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After Serving a Term for Forgery He is Released on Good Behavior.
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Free Again.
Mention was made in these columns yesterday that an effort was being made in behalf of John F. Fuller for his release from servitude in the penitentiary.
Today his desires were gratified and he waled forth from the Nebraska penitentiary a free man again.
As is well known Fuller was a year or two ago a well-known insurance man with McBride and Bell, but in an evil moment he placed the name of that firm to a check for $15 and this subsequently whirled him over the hill to the building of massive walls.
Once since then his name was connected with a fraudulent mortgage or document that turned up in Kansas City, but the matter was dropped after a day's discussion.
Fuller's has been a mysterious if not checkered career from the time that he struck the little town of Cameron, Mo., where he engaged in the insurance business, made quite a splurge and mourned for a few days the very sudden death of this wife (whether first wife or not is unknown), then in a few months tood unto himself another wife in the person of a very pretty school teacher,
He then drifted west and married again eventually, the Missouri wife dropping out of sight of friends somehow. It is said that Fuller is the best abstract-man in the country but that his old love for liquor was the bane of his existence. It is hoped by his friends that by this time, with the fund of experience he has received, he has seen the error of former ways and will begin life anew, as it were.
THE PYTHIAN SISTERHOOD.
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Their Successfull Ball and Social Last Night at K. of P. Hall.
The gathering last night at the Pythian Castle Hall was more than ordinarily successful, both from a social and pecuniary standpoint. The ladies who compose the sisterhood are energetic workers and invariably entertain their friends well but last night provided especially their ability to please.
The dance program had twenty-four numbers and the music of the Philharmonic Orchestra set merry feet to the rythm of poetical motion, under the guiding care of Meadames Eaton, Shaeffer, MIller, Hopkins and othere sof the society. At midnight a respite was taken and Coffee Joe entertained the merry crowd with a substantial repast.
About 100 couples enjoyed the festivities of the evening and it was nearly 3 o'clock this morning before he tired but pleased dancers waltzed to Home Sweet Home.
The ladies rejoice today in a quite a large addition to their exchequer, and feel well paid for thier efforts to make the affair a success.
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Dressmaker's shop and rooms for rent cheap at Twenty-seventh and O streets. Plenty of work.
A. N. Wycoff
Richard Blk.
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Money to lean on Havelock property A. N. Wycoff, Richards block.
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Acre property, choice, two miles from the postoffice; great bargains. Don't fail to see W. C. Austin, 130 south 12th.
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Diseases of the Eye and Ear.
Dr. Dayton, Occulist and Aurist. No.1203 O street.
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Henry Harpham, Harness and Sad. diery, 142 north Eleventh street, opposite Capitol hotel.
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West Lincoln and Midway lots. Complete lists for purchasers at W. C. Austin's office, real estate owner's exchange, 130 south 12th.
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Eye, Ear, Nose, and Throat.
Dr. C. E. Spahr, specialist, 1215 O st.
85
NO JURY YET.
The Examination of Special Panel Drags Slowly.
Three of the First Panel REtained in the Eleven- Will Take All Week
In the District Court.
The regular routine of work that has characterized the proceedings in the district court the first two days was pursued yesterday afternoon. But at 4 o'clock the special panel was exhausted, with eleven men in the jury box, and Judge Field announced an adjournment until this morning at nine o'clock to permit of the drawing of 150 more names.
The eleven jurors were cautioned by the court to hold no discussion of the case among themselves and instructed the officer to take them in charge and keep them apart from intercourse with outsiders, the first case of the kind ever known in Lancaster county.
When the court adjourned the jurors in the box were: James Reed, James Van Campen, Peter Peterson, J. F. Chandler, J. C. Jensen, A. B. Norton, E. J. Rogers, F. A. Grover, and Adrain Vermans. Of there only three, Reed, Van Campin and Norton, were parts of the eleven chosen tho previous day. The state has still five peremptors challengers and the defense twenty-four.
Following the adjournment of the court Clerk Sizer strolled into the county clerk's office and after County Clerk Mart Howe had given the large tin box a vigorous and healthy shaking, drew out the names of 150 more to form the new special panel and all was in readiness for the grind of
THIS MORNING.
Upon the recovering of court at 9 o'clock some delay was occasioned by the motion of the defense to quash the new second special panel of 150 on the ground that summons had not been issued according to law, insofar as they had not been apprised severally by registered letter. But this, as was a like motion regarding the first special panel, overruled and the proceedings assumed the old-time rut.
Mrs.Sheedy, Mrs.Morgan, Mrs.Dean and Monday McFarland occupied their old positions, their faces a little more brightened than heretofore.
The face of Mrs.Sheedy did not take on and troubled expression until one Clowden was called to the stand to answer the questions which should decide whether or not he was capable of sitting as one of the regular panel. Mr.Clowden was in the employ of Mayor Bros., had read the purported facts of the murder as published and formed his opinions therefrom. He said he had made up his mind completely and of published-reports were true he wouldn't want not need more evidence to convict the parties, whom he though should suffer. He was excused and no one essayed to resist in the least the challenge of this juror.
Among others called to the stand was C.H Roman He had read the papers partially formed an opinion, but direct or strong circumstantial evidence would change that opinion and his objections to capital punishment could be swept away by these, hence he was directed to seat in the jury box and W. Hurd.man, who had been occupying a place there excused.
F. A. Graham was another directed to a seat there adter an examination and J. F. Chandler excused. His were answers similar of Mr.Roman.
This afternoon's work up to 3 o'clock was simply that of the morning, and the selection of a jury. It is the general opinion that several days must yet elapse are the regular panel will have seats secured.
Despite the fact that the proceedings are dull and uninteresting the court room is comfortably filled all the time, this afternoon many ladies being seen in the audience.