Gilded Age Newspaper Articles

THE SHEEDY CASE

Jas. Malone Shows Up in Contempt.

Loiters in the Judge's Privat Office While Witnesses are Barred.

DEFENSE WANT TESTIMONY QUASHED.

Carder, Mellok and Malone Testify Today as to the Confession of McFarland.

The Murder Trial,

At the adjournment of court yesterday the testimony of W. W. Carder was wanted, but as he had been excused by the judge proceedings in the famous Sheedy murder case were continued until this morning.

Previous thereto the question of the admission of the confession of Monday McFarand, upon which much in the trial hinges, was discussed pro and con by the attourneys with the result of having Judge Field virtually admit it at the finale of the case and allowing the jury to take it for what it was worth in their estimation.

The defense fought it bitterly, for in this confession is found all that connects Mary Sheedy, the wife of the murdered man, with this most mysterious crime. On the other hand the prosecution held out for its admission on the ground that it was wholly voluntary.

The case has been gathering a general interest in the last three days and when called this morning a motly throng flocked into the court room, filling every seat and perching upon every available object.

Last night the attourneys for the defense were apprised of the fact that James Malone, an important witness in the case, in direct opposition to the court's order that all witnesses should retire from hearing, was discovered by a Call reporter in the private office of the judge with the door ajar while ex-Mayor Graham was on the stand. It was important both to Malone and S. M. Melick that they know the exact testimony of Graham, for these three were the only ones to whom McFarland is supposed to have made this "voluntary" confession and to have statements coincide was something devoutly to be wished. It was perhaps for this reason that this man Malone stretched himself in the judge's private office on a sofa and while pretending to sleep listened listened to what was being said by the witness on the stand as THE CALL man emerged upon him in the darkened room, while a chair held the door in a steady position.

When the defense learned of this piece of trickery on the part of this alleged detective who has brought through much of the sensationalism of the case their wrath was unbounded and he was scored in unmeasured terms for his lack of even manly qualities.

When he was called to the stand this morning Attourney Philpott of the defense made an effort to exclude the grounds set forth above, but after some wrangle he was allowed to proceed and give his offiical connection with the case and particularly as regarded the confession of McFarland, which he maintained had not been obtained by any threats. He stated that he had made but one visit to prisoner.

W. W. Carder being called swore that Malone had visited McFarland's cell many times during the night and had asked the prisoner what mode of hangning he preferred. His testimony further on went to show that McFarland had been in some manner prevailed upon and hwne witnesses saw him was either drunk or well nigh crazy with fear.

S. M. Mellick's testimony was also taken this morning and only touched upon McFarland's arrest and confession, witness believing no undue influences had been brought to bear on the negro to extort this confession.

Dennis Sheedy was the last witness examined before the noon hour and his statements were mostly regarding the domestic relations of Sheedy and his wife, so far as he knew, and of no particular bearing on the case.

[Picture] TYPES OF BEAUTY AT THE TRIAL

This afternoon the court room was visited by hundreds of laides and the front rows of seats were adorned with gayly bedecked hats and a diversity of ribbons, while wall flowers in the shape of bowhiskered men were stung along the aisles and walls.

At two o'clock "a jury of their peers" filed in and court was opened.

Among the rew faces seen inside the railings were George True and Cynthia Middleton, uncl and sister of Monday McFarland.

The effect is now to show that the confession was voluntary and the first witnes called was George Walters, one of the coroner's jury. First examined by the defense. He had a conversation with Malone prior to the return of the jury's verdict respecting the confession. He had asked Malone how the confession was obtained and in effect was told it was scared out of McFarland.

DENNIS SHEEDY'S MONEY.

B. F. Pinneo was the second witness called. Objection was raised by Mr. Hall of the prosecution on the ground that the witness was present during part of the testimony. A squabble ensued as to the presence of this witness in the court, the defence holding that at the time it was not known he was to be called. The judge permitted the testimony, it having been done in the case of Loiterer Malone, and the examination continued. Witness had conversation with Malone near Tenth and P about McFarland. Malone said, on the 25th of March, to witness, that he had asked McFarland whether he desired to be hung by the neck of private parts and in similar ways induced the confession.

Mr. Pinneo has been detective thirty years, and was employed by the defense on this case shortly after his talk with Malone. He was told this in a general way by Malone. Witness stated he had been summoned to Attourney Hall's office, presumably to be employed by the prosecution; must have been between the 20th and 25th of March. The attourney had told witness Dennis Sheedy had lots of money and he and the witness might have a chunk of it.

DIED

CALVERT - At her late home at 1885 H street at 5 p. m. yesterday, Eva C., wife of Superintendent T. E. Calvert, of the B. & M. railway, aged 88 years.

To hundreds in Lincoln this will be a sorrowful announcement. The deceased was one of the foremost women in the city in all works of charity and at the time of her demise was the treasurer of the Woman's Christian association, a noble institution with headquarters on South Eleventh street. In her residence here she had by her geniality and sympathetic nature endeared herself to all who knew her and her taking off will be deeply mourned by the army of friends with whom she was a willing worker. The funeral takes place from the family residence at 2:20 tomorrow.

MEDICAL MEN.

The State Medical Society in Session.

Commencing today the Nebraska State Medical society is in session in Lincoln in annual convention. Dr. A. S. Mansfelde of Ashland, permanent secretary has rooms at the Capital hotel where are semi-headquarters and the regular sessions are held at the United States court room in the government building. Papers on new and interesting topics and discussions of the same form the program which is reported of much interest to the professions. Some fifty physicians from different points in the state are already in attendance and a large number are expected on the afternoon trains.. A grand banquet at the Capital hotel tomorrow evening will close the session.

Happy Hoosiers.

Wm. Timmons, postmaster of Idaville, Ind., writes: "Electric Bitters has done more for me than all other medicines combined for that bad feeling arising from Kidney and Liver trouble." John Leslie, farmer and stockman, of same place, says: "Find Electric Bitters to be the best Kidney and Liver medicine made me feel like a new man." J. W. Garener, hardware [?], same town. says: Electric Bitters is just the thing for a man who is all run down and don't care whether he lives or dies; he found new strength, good appetite and felt just like he had a new lease on life. Only 50c a bottle, at J. H. Harley's drug store.

Spring Improvements.

I desire to inform my friends and the public who need anything in te line of Painting and Paper Hanging for the spring of 1891 that I am still in that business prepared to do all such work on short notice and on very reasonable terms. I give special attention to all work whether the finest or cheapest kind and guarantee that it shall be exactly according to agreement. I have recently put in a stock of wall paper. Call at my office and see it or ring up phones 333 and I will wait on you at your homes with samples. Remember the place, room 4, Burr block. Chas. P. Larsen.

Late May Festival Concert.

This evening Haydn's great oraterie "Creation." will end and be the fitting climax of the great May festival. Full Orchestra and organ accompaniment Reserved seats $1, general admission 50 cents.

BURLINGTON ROUTE

The Outing Season is Drawing On

People have already began planning their summer trips, and we would suggest that you post yourselves regarding the wonderful trout fishing in Estes park, Col. The health giving baths and quiet rest of Dakota Hot Springs, the hunting and fishing of Wyoming or the fashionable delights of Manitou. The Burlington iwll take you to any of them speedily and without fatigue. There are many other delightful places in which you can spend the heated term, and the agent at the B. & M. depot or city office can tell you all about them. Call and get a book of summer tours and look it over. You will find it full of good things and valuable hints.

A. C. Ziemee, City passenger Agent.

For Rent.

Elegant furnished rooms in the Hotel Mack, single and in suites. Apply at 933 P street.

THE PRESIDENT.

He Stops in Nebraska's Capital City.

And is Accorded a Magnificent Welcome by the People.

HANDSOME MEMENTOES GIVEN HIM.

Twenty Thousand People Greet Him at the State House, Where He Speaks.

The Presidential Party.

The day was bright and beautifyl on which President Harrison visited the best and prettiest city in the central west.

Lincoln was at her best and greatest, also grandest.

Banners flew like thick leaves of autumn. Everything was as gay and glad as a wedding.

It was just 9 o'clock when a CALL reporter sat himself in the place reserved for such people, and the "stand" was only made endurable to him by the presence later on of four or five pretty typewriters who came, as one of them said, to "try her wings" at short-hand.

There were 25,000 people in and about the state house grounds at 10 o'clock, at which time the president was escorted south from O street on Fifteenth.

But to the preliminary details.

The special car bearing President Harrison, Mrs. Harrison, Postmaster Wanamaker and Secretary Rusk, together with Governor Thayer, Lieutenant Governor Majors, Treasurer Hill, Secretary Allen, Land Commisioner Humphrey, Auditor Benton, Superintendent Goudy, Attourney General Hastings and [Adjudant?] General Cole, who left at five 'oclock this morning and joined them at Crete, takng breakfast enroute, arrived about 8:00.

There was nothing unusal at the B. & M. depot when the train arrived. The usual crowd congregated there, of course, but the party kept inside the cars until about 9:10 when the reception committee waited upon the party and escorted them to carriages in waiting, and when the line of march was formed moved in the following order to O street on Eighth:

Chief of Police Dinges. Sixteen Mounted Police. Reveption Committee of Eight/ University Cadet Band. University Cadets. President Harrison, Governor Thayer and Mayor Sanger. Postmaster General Wanamaker and State Officials. Secretary Rusk. Mrs. Harrison and Mrs. McKee, the Presiden'ts Daughter.

Then followed eight carriages drawn by white hourses carrying the most distinguished Lincolnites, followed by representatives from the young men's republican club, the G. A. B. Nebraska national guards and private citizens.

O street was thronged from Eighth to Fifteenth street, eager spectators bringing into regulation to serve their purposes telephone and telegraph poles, wagons, store fronts, etc., and at every block cheers long and loud went up - to which the president responded by the lifting of his hat in fitting recognition of the people's enthusiasm.

THE CALL ARTIST SEES THE PRESIDENT.

The procession moved from Eighth to Fifteenth on O streen, thence south to K street, thence to J on Eleventh and into the capital grounds, where the party emerged from the carriages and passing through the corridors of the state home found a position on the north plazas overlooking the north grounds and Fifteenth street.

The space was already filled but by [?] of hard labor on the part of those in charge a way was cleared for the distinguished visitors, who stepped into the sunlight from the shade of the building to gaze out upon a sea of heads and faces that covered not only the grounds on that side but Fifteenth street for almost a block

On the way up the precession was augmented by thousands of children from the public schools, all in line, in command of teachers and waving small flags and banners. These took up their positions as best they could along the front of the plazza, but the enourmous crowd with a wild push and excited rush to get nearer the president crowded the little [?] out of line untl they became almost promiscuously mixed up in the crowd on 25,000 people that were there assembled.

The Lincoln Daily Call.

TWELFTH YEAR LINCOLN, NEBRAKSA, THURSDAY EVENING MAY 14, 1891. NUMBER 258

ADMITTED THE CONFESSION.

McFarland's Story Goes into Evidence in the Now Great Sheedy Trial.

The Arguments Made by the Attourneys Upon This Question- The Ex-Marshal and Detective Malone Scored by Woodward.

THE CROWD AT THE COURT HOUSE STILL CONTINUES TO INCREASE.

The Case Approaches a Climax in interest and the Attourneys are Doing Their Heaviest Fighting.

At the concession of the examination of Detective Pinneo yesterday afternoon Stenographer Wheeler was alled by the state and by Mr. Hall asked to read his notes of the confession made by McFarland.

An objection was here raised by the defense, Mr. Stearns holding that a confession was admissionable in evidence against an accused only when freely and voluntarily made; it must relate to the prisoner and his connection with the crime charged; it is inadmisseable if obtained through threats or promises of immunity. Mr. Stearns spoke at considerable length citing many authorities in support of his position. He also contended and cited authorities to show that when a confession has once been obtained through hope or fear, the subsequent confession is inferred to come from the same motive, although there may be no immediate evidence of coercion as to the latter confession, the burden of proof being upon the state to show that it was entirely free and voluntary, made after he had been warned of the consequences. He had contended that Monday had been led to behave that it would be better for him to make this confession, and that a mob was intent upon lynching him, and that the prisoner was excited by fear or intoxication.

Judge Weir of counsel for defense spoke in the same vein and dwelt upon the susceptibility of the ignorant illiterate Monday McFarland to such influences, and contending that his mind was not free and the confession not voluntary. He dwelt upon the testimony of Carter to the effect that Monday was incited to violent fears by the belief that a mob was being formed and contended that on the momentous Sunday morning when Monday told his story every inducement was offered him, such as assuring him that to save his own life, and to better his condition he should tell all.

Mr. Hall of the prosecution conteded for the admission of McFarland's confession on the ground that it had been made freely. He was thoroughly convinced of this and said that it showed upon its facec that it was voluntary and not extorted by intimidation, threats, or inducements.

Judge Field, at the conclusion of Counsel Hall's remarks admonished the attourneys not to spoil the ground-work for good speeches in dwelling at length upon this question, as there were many speeches to be made during the trial.

Mr. Lambertson, of the prosecution, thereupon waived his rights in the premises and Counsel Woodward, attourney for McFarland arose to protest against the admission of the confession. He held that it had been extorted from his client and was therefore under the statutes inadmissable. In support of this he called attention to the circumstances in which McFarland was placed when arrested. "He was arrested," the speaker said, "by Marshal Mellick assisted by Malone. It is the duty of these men to apprehend the guilty and brink them to trial - but not to set before them inducements or fears. They take him to the marshal's private office and hold a conference; it is not clear what that conference was, but it is evidencec that my poor client did not sleep that entire night, but stood in fear looking into the corridor of the jail all night long. Why was this, if there was no inducement or threats? He

WAS LOOKING FOR A MOB

that he was told was coming; that fifty men were there and as soon as the crowd reached one hundred they would take him out and hang him! Mr. Malone admits he was with the prisoner hours before any witness were present and that my client expressed fears of a mob. How did he know of any mob, if a mob had not been suggested? And these witnesses that heard that confession of that Sunday morning How did these parties get there to hear the confession unless that confession had been dragged out of him by police officers? No one knows better than Malone, Melick and the mayor. McFarland was taken into the marshal's private office on that Sunday morning after he had been tortured all night long. The law, sir, would be outraged, I say, by the admission of this confession; it was obtained by unfair means and foul. Why, sir, Walters and [Pinneo?] swear that Malone said long before this trial began that he wrung this confession from my poor client. It is in evidence that Marshal Mellick said to this defendant: 'We have enough evidence to convict you and you might as well make a clean breast of it and it will go easier with you.' Mayor Graham said said there was no question but he had been persuaded. Capt. Carder said Malone's first remark to this defendant was I'll get you before morning.' What did he mean? The natural presumption follows that he had been trying to induce him. It is found, too, that Malone said: 'They have fifty now and when they get one hundred they'll make a break to bang you;' to which the prisoner said, 'I think the polices are in with the mob!' Was his mind, then, in a condition the law prescribes for a confession? The prisoner said he had no confidence in the police at all.

ATTOURNEY W. H. WOODWARD.

Wasn't there something overpowering his intellect? From Wheeler's testimoney is the best evidence of the condition in which the prisoner was placed. But he went there to be concealed behind a curtain to hear the prisoner's statements - not the treats of the officers." Mr. Woodward then began his citations of cases in point and for half an hour or longer read them from reports on similar cases from various states aside from Nebraska, ending his arguments by holding that the court out to take of this confession under advisement, as it was the most important point in what will likely be one of the most important cases in Nebraska.

Judge Field then addressed the counsel briefly, stating that as he understood it the law was very clear on this point and about as Judge Weir had stated on the same question the other day and, in short, that under the testimony so far adduced the confession is admissable to the jury, whcih of course, will be instructed as to its weight.

Counsel Strode then objected to its application to his client, Mary Sheedy, on the ground taht it was not made in her presence or with her knowledge and must, therefore, be excluded so far as she is concerned.

On this point Judge Field held that under the laws of Nebraska, where two parties are charged with a crime the confession of one does not bind on the other, but only applies to the party making it. Hence, in the confession of Monday McFarland Mary Sheedy is not in law concerned.

Stenographer Wheeler was again called to the stand to continue his testimoney but as the hour was 5, it was thought best to adjourn until this morning, the testimoney of Wheeler and the confession of McFarland being the first things on the tapis.

THE JUDGE'S RULING

in the matter of the admission of a McFarland's confession was a general theme for discussion throughout the evening especially by attourneys, several of whom ex-expressed the greates surprise, inasmuch as the matter of threats and intimidation had been brought out so clearly by different witnesses, and cases cited wherein much less persuasion or threats had been used and reverted in throwing out of the confession. the general opinion in legal circles is that should a conviction be returned by the jury the admission of this confession will furnish the grounds for

AN APPEAL OF THE CASE

and the decision reversed as in many former cases. And in speaking of the outcome an attourney who has watched the case closely believes that the jury will be out a long while. A hung jury is also one of the things looked for by some.

MYSTERIOUS MOVEMENTS

of mysterious personages about the court house lobbies and in convenient nooks wehre the jury passes in and out, as well as eat their meals, has caused an inducement of talk and speculation among interested officials in the last two days and it is likely that an arrest or two will be made unless things change. It is known to one or two that there have been imported detectives camping here ince the trial begun and the actions of these fellows leads to a suspicion that may be run down. It is not quite plain just what their object could be even if they got a moment's chat with any of the jury, as they have been strenuously endeavoring to do, but it is quite certain they are working a mighty rocky road just now. It may and it may not mean anything in particular, but James Malone was a loiterer in the corridors of the court house Tuesday night. He had started to attend a meeting of the presidential committee and was "mistaken in the place."

This Morning.

The interest awakened in the attorneys on either side, coupled with a deeper probing into the case and teh attendant discussion and sensational confession have all combined to bring interest in the Sheedy murder trial up to a fever heat and the court house is now thronged, even into the corridors. But today's crowd exceeded them all. There were in the audience this mornign, however, fewer females than heretofore.

A TRIO OF JURORS.

Myron E. Wheeler, the stenographer, was recalled and asked to read the confession of Monday McFarland.

The state moved that the confession be read in full, save as to questions formerly discussed by counsel and court touching certain parts.

Counsel Strode objected. If any part was excluded he wanted all excluded.

Mr. Hall did not want the prosecution to be bound by the statemnts made by Dennis Sheedy.

Judge Weir raised the point that witness was not permitted t oread the confession, but rather to repeat from memory and use his memory only. He cited this as a rule of law as to written confessions.

This objection was sustatined and the witness permitted to use his original notes to refresh his memory.

Mr. Strode again objected to the reading on the ground that it was unfairly obtained. This was overruled and the witness began the reading of Monday McFarland's Confession.

It was a voluminous document, the contents being virtually that which has before been published in THE CALL and other papers and which, "boiled to the bone" and eliminated of its objectionable language is in substance as follows:

McFarland stated he had acted as hair dresser for Mrs. Sheedy for several years, became on friendly terms with her and she became agreeable to him and claimed to bear him more than a friendly feeling, confiding to him her domestic affairs and entering into unholy intimacy with him. Mrs. Sheedy made the proposition to him in November to murder her husband, he refused, but under the treat that she would kill him agreed to do it. She wasted the job done as quickly as possible and he agreed to do it before Christmas. McFarland brooded over the commission and begun to weaken, but he visited Mrs. Sheedy unkown to her husband and his courage was braced up. He made the first attempt to take Sheedy's life on December 19th. This was fruitless. He had filled himself with whisky and hid beside the front grade at the Sheedy home, he was laying in wait for Sheedy who, with Mrs. Sheedy, was at the [musee?]. The two approached him from the opposite direction from which he expected them. he fired his revolver to frightedn Sheedy and escaped by the back yard. The next time he met Mrs. Sheedy they discussed the matter of putting Sheedy out of the way again and agreed to have it done before New Year's day. They decided to abandon the use of a revolver and to kill him with a blow. Mrs. Sheedy gave him money with which to buy a heavy cane. He went to Goldwater's pawn shop on the ninth of January and purchased a heavy leather covered cane. This he hid until the Sunday night when the job was to be done. On the fated night after dark he took the cane with him and met Mrs Sheedy on the back porch. She said the job must be done that night. She gave him fifty cents to buy whatever whiskey with told him that if he got him to bed she would finish him. He then went to Twenty-third and O street and at a drug store bought whisky, came back and was again met by Mrs. Sheedy who told him her husband was about to go out that he should take his place on the front porch. When her husband was starting out she would raise the curtain as a signal and he should then hit him as he stepped outside. She then gave him a goblet of whiskey which he drank. He then took his position, hit Sheedy with the cane as he came out and ran away, Sheedy firing at him as he ran. He went to Thirteenth and O where his family were visiting, took them hime and then went to a gambling joing. The nex tday he was drunk; he bought another casne to take the place of the one he had lost. Once after the killling he had called at the house after night for the purpose of getting $500 that she had promised him for doing the job but Mrs. Sheedy did not see him. He was to get the money when the estate was settled. The next day he was arrested.

As to the shooting at Sheedy previous to the assault that resulted in his death the confession embodied McFarland's statements to Dennis Sheedy that he had fired the shot but it wsa not intended to hit its mark, as he was at the Sheedy residence at the time waiting to see Mrs. Sheedy and the pair came upon him unawares and fearing discovery tired to blind Sheedy, using a revolver that had been borrowed.

The confession was read to the jury by Stenographer Wheeler in a tone so lo as to vex the crowd of curious men who had congregated in the court room to hear this particular reading.

The jury were all attention throughout the reading and evinced a deep interest.

During the reading of the confession

MRS. SHEEDY

sat in an immovable position between her sisters her eyes fixed on the northeast corner of the room, her face blanched and lips set. Mrs. Baker and Mrs. Morgan sat with heads bowed upon their hands and eyes fastened upon the floor. Mrs. Dean was apparently but little bothered by the reading. McFarland found means of employing his eyes in gazing in a mechanical vacant sort of way upon the pile of law books on the attourneys' tables.

It was not until that portion of the confession relating to the intimacy of the defendants that the sisters of Mrs. Sheedy showed plain signs of emotion. Then the tears seemed to flow freely, to their great relief. Mrs. Sheedy meanwhile had fastened her eyes upon the jury and with a solid glare watched their every movement as if to divine the impression the disclosures made.

Wm. Splain called to the stand: In January he was a police officer. He knew Monday McFarland and passed a few words with him on Sunday night after his arrest in the prisoner's cell about 8 o'clock. The conversation came up by McFarland calling witness when passing through the corrdior as special guard, and saying "That is what I wanted to say; I woul das soon told you as anybody." He also had a conversation with the prisoner on Saturday night in the cell concerning the murder, but did not caution him in any way, Jim Malone also spoke to the prisoner during that night or morning. Mr. Hall asked what McFarland said to witness on Sunday morning concerning the murder. Witness said the prisoner would walk up and down the cell as he wanted to tell something, and that was the extent of their conversation at that time. In the evening he saw Monday again and the prisoner volunteered to converse and talked about how he used to go over to Sheedy's. The witness thought that McFarland was more composed on Sunday evening than an Saturday night or Sunday morning. On Sunday morning between six and seven, the prisoner was very nervous and complained of his head burning.

S. M. Melick was next called and examination opened by the state. Witness had a conversations with McFarland on the morning of Sunday following his arrest on the night before [?] the cane, saying he had bought it from an unknown man from the Black Hills. He was shown the cane and at first said it was his, then said it was either the one he owned or one just like it. The cane was left at police station the morning after the assault upon Sheedy. McFarland said to him that one of the other barbers saw him deliver the cane to the man from the Black Hills. Witness told the prisoner this was a mistake and suggested that he make a clean breast of it as the officers had evidence enough to convict. Prisoner then protested innocence and claimed and knowledge of the crime. This was at 7 p. m. Saturday.

Examined by defense: Witness had never seen the cane previous to the morning after the assault on John Sheedy. Witness could not remember whether or not he told McFarland it "would be much easier for him to make a full breast of it."

Officer Kinney took the stand. Has been in police service three years and was at the residence of the Sheedys on the night of the assault upon John Sheedy. Was nearly on the corner of the Burr block when he heard five shots fired. Officer Otto was with him. He made for the scene immediately. Went by the alley between Sheey's residence and Burr block, then retraced to the alley, having met Henry Krouse in the Sheedy yard and was told the man had escaped through the alley to Fifteenth street, but saw no one and came back. Went to Skinner's barn, got a lantern and on the east porch found the cane (identified as the one in court.) Did not go in the house at that time, but first man met at dose was Courtnay. Found bullet in lattice-work. Witness saw Mr. Sheedy and the doctors, but thought no conversation was bad. Also saw Mrs. Sheedy but did not talk to her. Witness gave the cane to officer Otto on that night.

The state then offered the cane in evidence and objections were stated by the defense on the ground that it was not properly identified. This was overruled and the witness was cross-examined by Mr. Philpott. Witness stated the place about the house was quite dark when the officers arrived. There were possibly ten people there when witness reach the house and found the cane. The cane was midway between the sitting-room and kitchen doors. Witness got the lantern to find traces of blood, as there was insufficient light on the premises. The light from the window of the Sheedy house was sufficient for one to see a man on the porch. Mr. Philpott sought to question Kinney relative to McFarland and Malone's conversations, but objections were raised by Mr. Lambertson, whereupon the ire of Mr. Philpott was incurred and he dared the state to question him relative thereunto henceforth. The prosecution coudl not take a dare and so asked the witness to state all that McFarland had said to him while on duty at the jail. Objection was raised as to form and sustained. Put differ

A Man Remarked:

"It is funny that one can't get a first-class French Calf Shoe in Lincoln."

He had never called at 1129 O Street - that's all.

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STOCK THE BEST. TRY A PAIR.

ED G. YATES, 1129 O STREET.

J. C. McKELL,

SUCCESS TO THE BADGER LUMBER CO.,

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Largest stock is the city. Special attention given to mall orders, Call and examine our Oregon Res. Cedar Shingles.

Telephone 701, or Address P. O. Box 251.

O Street, Between 7th and 8th. Lincoln, Nebraska.

WALL PAPER

INTERIOR DECORATIVE CO

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A. F. [?], President CARL ELWICK, Manager.

SEED CORN. POTATOES PEAS and BEANS. MILLET

Griswold's SEED STORE. 140 South Eleventh Street.

GARDEN SEEDS. FLORISTS SUPPLIES BULBS LAWN SUPPLIES.

ently, it was brought out by the prosecution. Witness was called into the cell by McFarland, and Malone and Carder were present. He spoke of it to them and Carder objected to anyone going in, according to the orders of the mayor, but Malone got the keys, saying he was in charge of the prisoner and they went in. McFarland went on to state that he was offered some money from Mrs. Sheedy and the end was with him either way and he was going to tell it. Witness told him that was right and the prisoner continued his confession, giving the same as above printed.

The prisoner told witness he was to get $5,000 for this job. Cross-examined: Witness stated Malone was present from balf to three-quarters of an hour Malone got the keys to admit them to the prisoner's cell. Capt. Carder did not want anyone there. Witness could not remember what he had stated at the court below. He did believe he told McFarland he would get off easier to "give up" the others implicated. Did hear Monday speak of fear of a mob.

THIS AFTERNOON.

The first witness on the stand was Goldwater, the pawnbroker, who identified the cane as one he sold in '88 and finally got it back again. The cane was identified by its repaired head or butt, having been fixed by his son. The witness testified that he sold it to McFarland, who came to his place in December looking for such a cane, but it being hard to find he returned in January and paid 90 cents for it, there remaining 10 cents. This was only a short time before the assault upon Sheedy. Witness saw it on the Saturday morning after the assault at his place of business.

Cross-examined by Philpott

Witness said this was the only cane of its kind he ever sold, being the first sold to be E. B. Taylor. The cane was new when bought in 1889. Witness testified Malone brought the cane to his pawn shop after the assault and asked him if he could identify the cane; witness told Malone not to bother him with the cane for he did not want to become a witness in an cany case, for he already had too many enemies.

MALONE OFFERS $200.

Witness denied that Malone had told him that he would give him $200 to identify the cane.

Mr. Stearns, "Did Malone offer you anything to identify the cane?"

Goldwater. "Not to me."

"Who did he offer to give $200?"

"I don't know."

"Did he offer your boy any money?"

"You will have to ask my boy."

"Now Mr. Goldwater, did you not state to L. C. Burr in the presence of John H. Hart that Jim Malone offered $200 to you to identify the cane!"

"Yes."

"Now, didn't you tell L. C. Burr that Jim Malone, Marshall Mellick and Mayor Graham agreed to pay you this sum and didn't you want to bring suit against them."

"I did not say this. I told them he offered this to my boy."

It becoming difficult for the witness to understand the queries, rather wanting to answer by relating all that had been said. The judge told him to explain iit all.

He then went on to explain that he had called at Mr. Burr's office and asked his advice as to whether or not his boy could collect this sum for such service and was advised that he could not.

Mrs. Coil, colored, was the next witness called and was giving testimoney as THE CALL forms closed.

For Hot Springs, South Dakota.

The Fremont, Elkhorn & Missouri Valley R. R. (Northwestern line] is the only railroad running to that popular health resort, Hot Springs, South Dakota. A sleeper and first class coaches run to the Springs daily. Round trip tickets at reduced rates. For further information write or call at 1188 O street or depot, corner Eighth and S streets, Lincoln, Neb W. M. SHIPMAN, J. T. MASTIM, General Agent City Ticket Agent.

Dr. Cotter. 1424 O street. Tel. 641

The Missouri Pacific Will continue until Feb. 15, inst., selling tourists at same low rates to Florida, Georgia and other southern points and all who intend to take advantage of low rates should call down at city ticket office, 1201 O street. J. E. R. MILLER City Pass and T'k't Ag't.

Rubber Hose. Dean & Horton will sell you any quantity of best grade of rubber hose at wholesale prices, 1450 O street.

GEOLOGISTS HAVE DECIDED the earth's crust to be over 100 miles thick. This is about the thickness of the man's head who buys his railroad tickets by some inferior and poorly equipped line when he could get a ticket by the "Burlington" at the same rate.

Hose and Reels

If you want the best quality of rubber hose, hose reels, lawn sprinklers, call and see us and the prices we can make you on these goods.

DEAN & HORTON 1450 O street.

MARY'S LOVER. --------- (Continued from First page.)

McFarland and had seen him at the house. He came to dress Mrs. Sheedy's hair. He would stay probably half an hour dreesing Mrs. Sheedys hair. Witness remembers the night of the assault but was not at the Sheedy house----was at home. Was at the dress-maker's on Saturday (the day before ) and only saw McFarland pass by. She had seen someone about the premises after dark one night previous to the assault ; stood near the pump, which stood at the southeast corner of the house. The person looked black to the witness. She went into the house after seeing the man. Don't know how long this was before Sheedy was struck. Witness knew Johnnie Clowsen and had seen him at the house often. He would take baskets away from the house. The baskets were filled by Mr. Sheedy and she did not know what they contained but empty dishes were brought back. Witness remembers the shooting out in the yard and this person was seen after that time, and about 10 o'clock at night. Sheedy was away from home and the witness told Mrs. Sheedy. but she said nothing. The witness was within six feet of the person ; he was standing still and did not run. While McFarland dressed Mrs. Sheedy's hair witness was always in the kitchen. Witness saw McFarland at the house after the assault ; throught be called for Mrs. Sheedy. This was at 10 o'clock Monday morning, after the assault. He was met at the door by some man who was there and refused admisson. He there came to the kitchen door and was there refused admittance. He said he wanted to see Mrs. Sheedy. Mrs. Sheedy returned from Buffalo the day before fair. Witness knew A. H. Walstrom ; met him at Sheedy's house at summer ; met him after that in parlor at night. Don't know whether Sheedy was at home or not, nor how long the caller staid, as witness left about 8 o'clcok. She came back about ten and he was gone. Mrs. Sheedy would go out during evening, alon, and would return about ten. Witness saw Walstrom at the house four or five times. Doesn't know whether Mrs. Sheedy has his photo or not. Does not know of Johnnie Clowson carrying notes, but heard Mrs. Sheedy say the baskets were put up for a friend. [image]

MISS BODENSTEIN TESTIFIES. Cross-examined by Strode : Yes, Johnnie was in the habit of coming to the house frequently. The baskets were filled with provisions like cake, chickens, etc. Johnnie never eat at the house that witness knew of, other than lunch. Witness does not knew whether these baskets were filled for both or one of these gentlemen. Witness stated attorneys for the prosecution had talked with her three times ; also Policman Schmidt. Was told by Mrs. Sheedy to tell the whole truth before the coroner's jury. Mrs. Sheedy would always get the water to wash her hair with; witness never. He doors hung between the dining and sitting room ; there was between kitchen and dining room. Did not hear Mrs. Sheedy tell Mrs. Sheedy, when he came home, that a man was seen in the yard. Heard nothing about a drunken man in saloon nor saw drunken men in the yard, where the little saloon stands, on that night. Witness was certain it was Monday McFarland who called at the house the day after the assault. Thinks it was a small man (Courtany) who refused the negro admitance. Witness never saw A. H. Walstrom at the house after Sheedy died. Is certain of seeing him there five times. Once he went riding with Mr. Sheddy. Never saw the darkey there, " for sure," except at times when he dressed her ployer's hair. On the night of the first assault witness was upstairs and did not come down, so saw no one, though heard the shot. Lamberston--- "On the night you saw the person in the yard did you recognize him as Monday McFarland ?" Witness--- "Yes." Strode----" Simply because it looked black?" Witness excused. The next witness called was Mrs. Charles Carpenter, a neighbor of the Sheedys Questioned by Hall. Lived near the residence for four years and knew Mr. and Mrs. Sheedy six year. Visited frequently and was very friendly with Mrs. Sheedy. Was acquainted with Walstrom and met him at the residence of Mrs. Sheedy about 7 p.m. and introduced by Mrs. Sheedy. Witness and sister only staid but fifteen mintutes at that time. Sheedy was away. Walstrom and Mrs. Sheedy were left in the parlor. Next met the gentleman at her own house, he coming home with witness and sister ; didn't know why walked home with them. Witness sister went after Mrs. Sheedy and she came. Mrs. Sheedy and Mr. Walstrom left together after staying half and hour. They met at witness house after that, Mrs. Sheedy coming first ; Walstrom came twenty minutes later. They occupied the parlor ; witness was not with them all the time. They did not leave together. This was three or four weeks after the meeting at Sheedy's. Witness never saw Walstrom after this. Had seen Walstrom 's picture at Mrs. Sheedy's house before meeting Walstrom. When witness met Walstrom on the street it was at Twelfth and Q---he was going south, witness and sister north ; he stopped and began the conversation. Witness never saw Mr. Walstrom and Mrs. Sheedy together only at times mentioned. Cross-examined by Strode : Witness never saw McFarland around the street or residence of Sheedy and saw nothing wrong in the conduct of Walstrom and Mrs. Sheedy. Questioned by Hall : " Do you know Monday McFarland when you see him ?" Witness---"No, sir." Hall---"Then how do you know you never saw Monday around the street or house?" Witness----"I don't know?" Witness never heard of any ruptare in the family. At the time of his last illness Mrs. Sheedy appeared very much affected and anxious for his recovery. ------------------------ HOW HUMIDITY IS MEASURED. The Whiding Paychrometer and a Table of Figures the Only Applianess. The Paychrometer, a sketch of which appears in this article is the instrument used to measure the bumidity of the atmosphere. This is the way it work:-- On each of the iron rods is fastened a thermometer precissly alike save that the bulb of one of them is covered with a small linen sheath. The observer wets the covered bulb in a cup of rain water that is standing in the room. In a fallen sufficiently the observer turns the handle of the crank shown in the sketch, and the two thermometers revolve, making a whlrring noise as they beat the air like the arms of a windmill. Half a minute of turning is enough. Now it will be seen that the wet thermometer registers a lower temperature than it did before it was moistencd . while the dry thermometer does not differ in its registration. The observer notes the two registers, and when he returns to his office he consults a table of figures, which gives him the amount of humidity in the atmosphere at the moment he made his obseration. On the day that I witnessed this measuring operation says a reporter for the N. Y. Herald, the dry thermometer registered 70 degrees and the wet one recorded $5. From these two figures the observer annouced that there was forty-two per cent of humidity in the moisture. " The amount of moisture now present in the atmosphere," exlained Sergeant Dunn, who made the observation just described, "is in ratio to the amount when the atmosphere is thoroughly saturated, which 100 per cent. Owing to the expansion of warm air the atmosphere has a greater capacity for moisture on a warm than on a cold day. That is, the atmosphere can take up more moisture on a warm than on a cold day. Our humidity now stands at forty-two per cent. In case the temperature should increase and the evaporation remain stationary, the per cent of humidity would decrease because of the greater capacity of warm air to hold moisture. The moisture would not be any less, but it would be diffused over a greater area. If, on the other hand, the temperature should decrease, the humidity would show a greater per cent. A [image] serious fall in temerature would cause sufficient condersation of moisture to produce a rainfall. " I have known the thermometer to register 90 degree and the psychrometer to record ninety-five per cent of humidity in the atmosphere and yet no rain fell. On the other hand, I have known rain to fall with only seventy per cent of humidity in the atmosphere. The amount of humidity in the atmosphere up to the point of complete saturation, which is 100 degrees, does not necessarily produce rain. It requires other conditions than that to cause rain. The humididty must be condensed before rain can fall." " What is the highest per cent of humidity you have ever observed in the atmosphere where rain did not fall?" " I have known the humididty to be ninety-nine per cent with no rain, but there was a dense fog, which is almost the same as rain." " Or a haze?" I hazarded. " Not at all. " Haze always means dry weather. The driest weather we have is apt to be hazy. The haze results from minute sediments taken up by the atmoshpere. Whem the humidity is 100 per cent and the psychrometer is whirled the two, thermometers do not show the slightest variation. The evaporation of the moisture in the linen sheath does not have any added effect. No matter how hard the instumeny is whirled, the registers remain the same. The normal humidity at this station is sixty-two per cent. When it goes above that figure we are apt to suffer. " We have always measured humidity, in one way or another, but it was only a few years ago that the psychrometer was invented, so as to give all stations a uniform basis of measurement. The new table figures we used was made up a year ago. Before that time the observer had to go through a long calculation before he could figure out the humidity after he had made his observations. ---------------------------- A Disappointed Policeman. -------------- " Well, that's the woorst I iver saw," said Policeman Double X, as he stool mournfully twirling his club on a corner on Harlem street at 2 o'clock che chilly morning last week. " What's the matter, officer?" asked a sympathizing and curious newspaper man. " Matter enough. You seem there's a new man at the saloon at the corner beyant, and not knowin him well I to't I'd hit him easy like the fuist toime. So I dropped in at the family enterance and sez I to him, frindly like, ye know, Could you give me a drink ay wather? sez I, winking mildly be times. 'Av coorse I will,' sez h, handing me a glass through the growing hole. An' phawt do you think ? It wuz a glass of water. Begorra, phawt some men don't know would balsht a rock. " ---N. Y. Tribune. ----------------------------

MARY'S LOVER

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Is the Burden of the Testimony Today

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In the Great Sheedy Murder Trial--Testimony of Friends.

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ACCUSED WOMEN WEEPS BITERLY.

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The Servant Testifies as to McFarland's Visit-The First Assault Now Recalled.

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A Chapter of Meetings. WHATEVER interest the Sheedy murder case may have for the general public it is certain that those who congregate at the district court room through an unknown curiosity are not entirely meeting their expectations.

There is scarcely anything heard.

There is absolutley nothing to be seen.

Later on the fires of the attorneys may be stirred up and in the warmth of debate able arguments sad rich eloquence be brought forth. But now. while the witnesses are examined few if any beyond the court, jury and attorneys can hear what is said, and even these at times have be prod up the witnesses to induce them to exercise their vocal powers sufficient to be heard.

In view of all this it may be a wise policy for many to take a sage's advice, save a dedious and wearisome trip and see all that is done and hear all that is said during these days by remaining at home and reading THE CALL.

YESTERDAY'S CLOSING

But few testified yesterday whose statements in full and yet in brief were not given in THE CALL-- and those after 3:30 p.m.

Mendal Goldwater was cal'ed and sworn. He is a son of the pawnbroker. He said that at about 2o'clock on the afternoon of January 6. Monday McFarland came into his father's shop and wanted to buy a came; witness identified the cane in court as the one his father sold to Monday; his father had asked Monday $1 for it; Monday handed him 90 cents and said, "I'll always owe you the 10 cents." Next saw the cane four or five days after the Sheedy murder. He identified it by the peculiar nails and tacks driven in it by himself to fasten on the knob and by other peculiarities.

Witness also related that on the day after the murder he had read that it was done with a heavy leather cane; thought it might be the same he had sold and wanted to and see; his father opposed it; he waited several days and went of his own accord to the police station and asked to see the cane. Carder declined to let him see it, Malone came in and showed it to him. He identified it and Malone told him he would give him half of the $400 reward offered if he would show him the man who bought it. Witness showed him the man; didn't know his name until he read it the next morning. Had asked Malone for the money, but didn't get it; could have used it if he had got it.

Of these Wm. Chinn a colored employee at Neville's barber shop was one. He had seen McFarland on the day and evening of the assault. He was at rooms over Turner's drug store with witness between 7 and 8 p. m. and remained till when he got ready to go home about 2; then they went to Lindsey's to get lunch. McFarland complained of not feeling well and didn't eat anything. As they crossed O street on Eleventh, Monday was limping and said he had loaned his can to some one.

Chas. Tindall was then called after answering the customary questions as to length of residence in Lincoln and business testified that he remembered the night on which John Sheedy was assaulted. He was standing near the corner of Tenth and P streets.

HE HEARD THE SHOTS.

He heard the shooting and got to the house ten minutes late. Witness saw a cane on the east porch and called Officer Kinney's attention to it. (Witness here identified the one as the cane in court) He believed the curtain of the last window was up about two feet at the time of his arrival. Cross examined by Philpott witness sais he had seen the cane several times since that night. He knew it by tacks in the head retaining the top. He thought it was a moonlight night. Three or four persons were in the house at the time of his arrival, among them Dr. Hart. Remembered seeing Mrs. Sheedy; thought she was sitting down. Could not say as to her excitement--noticed no emotions one way or the other. Witness showed the cane to Mr. Sheedy, who remarked that it was a peculiar instrument for murder, or something to that effect.

Henry Gerner, who lives across the street from the Sheedy residence was the next witness. On the night of the assault had heard the first shot; had looked out of his home and saw Sheedy standing midway on the porch on the east side of the house, near the east door, facing south; then witness saw him fire two more shots, then he went a short distance to the south and stepped back into the east door, which was then open, and fired two more shots; could see the light coming out of the door and falling upon Sheedy's back; no one came out of the house and Sheedy stepped back in; had lived opposite for six years; never knew Mrs. Sheedy; didn't whether or not his wife ever called there; believed the window curtains were up that night as they usually were. Never saw Monday McFarland about the Sheedy house.

Mike Mooney, turnkey at county jail: Knows Monday; had little conversation with him, but warned him not say much, as witness did not want to hear it. The first day the prisoner came in he was taken upstairs, witness and Jailor Langdon to be examined and witness remarked "what a good time he must have had, " and prisoner said he was not much to blame as she was, but the witness did not know whom "she" referred to. There after he was asked by prisoner "How is Mollie?" and the witness said "she is all right". The prisoner told witness not to tell anyone that he asked this question. This inquiry was made once again thereafter.

Attorney Philpott moved to strike out all of what was said about defendants in conversation with this witness for the reason that it was long after McFarland was arrested on this charge. Court overruled and witness was excused.

T. J. Stepney--The business of witness is that of barber; is acquainted with McFarland and is his cousin. He saw Monday at George Botts' on night of JHan. 11th; exchanged coats with him at that time outside the door. The prisoner had the cost about ten days before that night. His wife was at the house and witness at McFarland's request told the wife her husband wanted her and the pair left together. Witness left the house and enroute home met Geo. Botts on P street. He wen tto Sheedy's residence where he was attracted by hacks leaving. Cross examined by Strode. Did not hear anything about MOnday McFarland assaulting Sheedy at that time. Excused.

MELICK AND MALONE.

S. M. Melick recalled and examined by Snell; testified that the ring produced hsf been obtaianed at a pawnshop, where McFarland told him it could be found and which was declared by the prisoner at the time to be the one presented him by Mrs. Sheedy. Cross-examined. he could not state how McFarland, identidied the ring at the one given him.

The ring was then offered in evidence and the defense objected on the ground that it had not been properly identified. Overruled. Witness identified it by having it constantly in his possession from the time it was taken from Waldwins' pawnshop. Waldwin handed witness the ring as the one pawned by McFarland. He went to Waldwin's for the ring because McFarland said he had pawned it there. He had no pawn ticket. Witness stated that McFarland stated that Mrs. Sheedy had presented him with the ring.

Pawnbroker J. Waldwin was then called to the stand. He had known Monday McFarland by sight for three or four months. Had business dealings with him on 3d of January when McFarland pawned a plain gold ring at his place for $4. The ring was parted with on the Sunday following McFarland's arrest when Melick, the witness declared, got it with a pawntickets, which bore name, date and price loaned. On cross-examination witness testified that the ring was identified by him in this way. Further on, witness did not remember whether Melick had a ticket when he got the ring or not.

Owing to the lateness of the hour the examination was rested for the night. the jury escorted to their quarters on the third floow and the prisoners to the county jail.

THIS MORNING.

When the prisoners and jury were ushered into court this morning there were comparatively few auditors and these of the sterner sex.

When Col. Hoagland had voiced his familiar "Hear ye, hear ye!" and Judge Field had parted his coat tails gracefully and sat himself with becoming dignity upon his throne. the jury anaswered to their names and the great trial was again commenced.

The first witness called was Fred Krousse. He had known the late John SHeedy and remembered the night he was assaulted. He had heard the pistol shots that night, when he was near the house. He saw Sheedy shooting, was called by Mrs. Sheedy and ran to the house. Sheedy told him the mane who had shot him had run through the alley. Nobody was there except Mr. and Mrs. Sheedy when he arrived, but others came soon. among them Dr. Hart. The north window blind was up; didn't know about the east window. At the time Sheedy was shooting he was standing in his door.

Cross-examined by Counsel Strode:

Was fifty or sixty feet east of the Sheedy house when the shooting began; was in plain view of the Sheedy house but did not see Sheedy when he stepped out the door. This was about twenty minutes to 8 o'clock. while witness was waiting for car to North Lincoln for a ride. The only light on the porch was the one from the door. When Mrs. Sheedy called witness he ran to the house and she told him to run for the priest. He then went on the west side the house. Sheedy told him to go through the alley as that was the direction his assailant took. Witness met Officers Kinney and Otto and told them to look through the alley, then went home. Witness thought it was light enough for Sheedy to see and recognize a man if one had stood before him off the porch. Witness had never been employed by Sheedy in any capacity.

Mrs. Thomas Hood was called:

Witness has lived in the city twelve years and knew John and Mrs. Sheedy. Lived near Fourteenth and P street at the time of the assault--two blocks from the Sheedy residence. Witness was in the habit of visiting the residence quite often. Was at the house in and out during his last illness. She met a man named Harry Wahlstrom at her house, where Mrs. Sheedy brought him. Mrs. Sheedy told witness she had met him in Buffalo and wanted to get him acquainted with the Lincoln young folks, among them witness' daughter. Met him once after--on the corner of Fourteenth and P streets. Mrs. Sheedy always spoke of him as a nice intelligent fellow, remarked in a funny way sometimes as he being her sweetheart. At one time Mrs. Sheedy told the witness Sheedy was mad because Wahlstrom called on her, but had changed his mind after a visit from the young man. She told witness Sheedy had threatened her life and wanted to stay with a relative. Once spoke of having her trunk packed and boy hired to take it to the depot, for she was going to leave him. This was in November. Witness told Mrs. Sheedy Wahlstrom was not an agreeable young man, that he talked too much, and Mrs. Sheedy said that was his way and meant nothing. On the night of the first attempt on John Sheedy's life witness was with Mr. and Mrs. Sheedy coming from the Musee. She saw the fellow who fired, but could not tell whether he was white or black. On the way home Mrs. Sheedy expressed a peculiar feeling, saying she felt that something was going to happen; a feeling similar to the time Sheedy was stabbed. This was before the witness and her daughter and Mrs. Sheedy had met him en route home;a few minutes thereafter the trio met Mr. Sheedy and together walked home. Mrs. Sheedy told witness prior to Wahlstrom's arrival that she had a young friend coming from Buffalo, he was going to travel from here for his father and she would like to have the young people get acquainted with him. This conversation took place in October. Witness had several conversations with Mrs. Sheedy relative to shooting and one occasion Mrs. Sheedy said no one could charge Harry Wahlstrom with the shooting for he was at work that night, and that because he was her friend people would be inclined to talk that way. Witness was at Sheedy's at time of this death and afterwards. At the funeral witness was asked by Mrs. Sheedy if she saw Wahlstrom at the funeral and she replied "yes." Witness thought Mrs. Sheedy was much affected at the time Sheedy died but prior thereto shed no tears.

Cross-examined by Strode: Witness never once thought that Mrs. Sheedy was not affected and grieved over the assault on John Sheedy. After witness was told there were difficulties between Mr. and Mrs. Sheedy she was told by Mrs. Sheedy that her husband had apologized and the two were living happily. Witness was in the house when Sheedy died, his wife being beside him; she was apparently much affected. Questioned by hall: Witness never questioned Mrs. Gheedy about the last assault upon Sheedy nor had any conversation about it; heard nothing from Mrs. Sheedy in regard to any suspicion of poison. Excused.

Dr. Ruth M. Wood, a practicing physician living almost opposite the Sheedy residence: On the evening of the assault was at home and heard the report of a revolver. She was sitting at a window and was discussing the cheerful appearance of the Sheedy home. the window blinds being up and a bright light noticed. Witness could not remember seeing the window curtain pulled up or down, but immediately after the shooting noticed the curtain was down. Witness was in the Sheedy residence on Monday evening after the shooting.

As to remarks about poisoning on that evening witness remarked that Sheedy seemed to be breathing like one under the influence of morphine. The symptoms at that time indicated that the patient was under the influence of morphine. Witness remained there but fifteen minutes. Cross-examined: The conditions of patient, witness testified, could have been produced by pressure on the brain or hemorrhage. Excused.

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Mrs. SHeedy Breaks Down.

The unaffected appearance of the fair defendant began to give way while the testimony of Mrs. Tom Hood was being taken and by the time Mrs. Dr. Wood had concluded her testimony she could bear up under the strain no longer and gave way to a flood of tears, her whole body shaking with the emotions that could not be curbed. This too, had an effect upon Mesdames Dean, Morgan and Baker, her sisters, and though they tried hard to keep back the tears to be better able to give comfort and cheer to their unfortunate sister it was no use and for a time the scene was very affecting. This is the first time during the trial that Mrs. Sheedy has been unable to control her feelings.

Anna Bódenstein, a domestic formerly in the employ of Mr. and Mrs. SHeedy was next called: She left their employ after the death. She knew Monday.

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(Continued on Fourth Page.)