Gilded Age Newspaper Articles

ELEVEN IN THE JURY BOX

MEN WHO HAVE NOT FORMED OPINIONS.

Judge Field Announces a Change of Opinion That Has an Important Bearing.

It Will Materially Prolong the Work of Securing a Jury- The Job Will Probably not be Completed Today.

An Endless Succession of Journal Readers Hear ye! Hear ye! The honorable district court is now in session pursuant to adjournment.

Mrs. Sheedy had just been brought into court, leaning upon the arm of her uncle. Mrs. Morgan accompanied her and sat at her right, while her uncle took a seat at her left. She cordially greeted her attorneys, each of whom came forward to grasp her hand. There was an apparent apathy, however, in each movement and tone of her voice. Mrs. Dean was not present during the morning session.

Monday McFarland had come in somewhat earlier, accompanied by Captain Billingsley and was greeted with a handshake from Colonel Philpott.

Mr. Snell was somewhat late and Mr. Lambertson was not present when the examination of jurors began, coming in after the first juror was examined. The rest of the attorneys were present, and there were probably 200 spectators in waiting, when court opened. The audience increased regularly throughout the forenoon.

The first juror called was J. H. Worley of Twenty-third and N street. He was not oppoesed to the dealth penalty; had formed an opinion from reading THE JOURNAL and Cull and from conversing with others. He was doubtful as to his ability to render a verdict according to the law and evidence, and was challenged by the state and excused.

Judge Field thereupon ordered a call of jurors from rhe special panel, whereupon Mr. Stearns offered a motion to quash the special panel because N. T. Ewan, D. W. Jackson, Andrew Sipp and W. D. Miller, members of the regular panel, did not respond and had not been examined as jurors. The motion was overruled.

Mr. Stearns renewed the motion made yesterday in relation to the regular panel, claiming that the special panel should also be quashed, owing to alleged irregularities in the manner in which it was drawn, and alleging also the unconstitutionality of the new jury law. The motion was supported by affidavits, as before. This entailed another delay of almost an hour to permit the state to prepare affidavits in opposition to the motion, which were filed without having been read. They were exactly similar to those filed in the case of the objections to the regular panel.

The defense asked that Mart Howe, county clerk, be sworn to show that the box from which jurors are drawn is kept unfastened in the vault in his office so that anyone having access to the vault could put names therein which might be drawn for jurors. The defense claimed that Mr. Howe declined to make an affidavit to that effect. Judge Field said he would not order anyone to appear and furnish oral testimony. If the defense had any documentary testimony to offer, it would go into the record.

At this point Mart Howe strolled into court and Colonel Philpott insisted that he be sworn. The court declined to subject him to the oath.

The motion was overruled and the exmanination proceeded after a lapse of upward of an hour, during which time the court room had filled with spectators.

John Cathron of Oak precinct was the first man called from the special panel. He was firm in the statement that he could not convict any one of murder in the first degree on circumstantial evidence and was excused.

J. M. Cameron was called, but when he said he was opposed to the death penalty and could not be convinced by circumstantial evidence, he was excused on the state's challenge, defense excepting.

Hugh McEachron said he had conscientious scruples against imposing the death penalty, but supposed he would be governed by the law. He thought he would refuse to return a verdict that would entail the death penalty on circumstantial evidence. Excused on the state's challenge, defense excepting.

Hiram Duling of West Oak precinct couldn't say that he was opposed to the infliction of the death penalty, and could rely upon circumstantial evidence for its infliction; had no opinion as to the guilt or innocence of the accused; had read in all the Lincoln papers what purported to be testimony of witnesses before the coroner's jury and in the preliminary examination. Didn't know as what he had heard of the case had made any impression in his mind; couldn't presume the accused to be innocent: therefore must have an opinion. He didn't know as he had formed an opinion as to whether Sheedy was killed by a blow or was poisoned after he was struck; had formed an opinion as to whether or not defendants were connected with a conspiracy to kill Sheedy: it would take evidence to remove that opinion. He couldn't presume the defendants innocent and was excused on the challenge of the defense.

J. W. Castor was called.

Mr. Snell- Have you any conscientious scruples against the imposition of the death penalty?

Mr. Philpott- I object to that as not a proper question, as the entertainment of such scruples is no cause for challenge under the law.

Colonel Philpott meant the new jury law, by the provisions of which certain safeguards of the defense were knocked out on the day before.

The court overruled the objection and announced that he had undergone a change of opinion during the night on the question of the disqualification of jurors who had formed opinions from reading the newspapers, and expected to have some of the jurors already passed recalled for examination on that point.

Mr. Castor had no scruples against the death penalty and could convict on circumstantial evidence; had formed no opinion, although he had read the accounts of the murder. He was passed for cause.

Charles Spears, of North Sixteenth street, a real estate and loan agent, was not opposed to the death penalty; he had formed and expressed an opinion based on what he had read in the newspapers and upon the theory that it was true. He had read what purported to be testimony and didn't think he would make an unbiased juror. He was excused on the challenge of the defense.

Alba Brown, jr., of Oak precinct, thought he could return a verdict of guilty of murder in the first degree, the penalty being death, and that upon circumstantial evidence alone if strong enough; had formed and expressed an opinion on what he had read and heard, and still had that opinion; had read what purported to be testimony and had formed an opinion as to the truth of the newspaper statements. It would require evidence to remove the opinion. The juror was excused for cause.

A. M. Bartram, health officer, had formed an opinion of the truth or falsity of the statements he had read, and had an opinion as to the guilt or innocence of the accused, and had those opinions still. He was excused.

John Franklin of Lincoln, a farmer and stock raiser, was not opposed to the infliction of the death penalty. He thought he could convict on circumstantial evidence. He had formed an opinion on what he had heard and read as to the guilt or innocence of the accused, and had that opinion still; thought he could render a fair and impartial verdict on the law and evidence. He had read THE JOURNAL, but had talked with no witnesses. His opinion was fixed as to how Sheedy met his death and it would take evidence to remove it. He had formed an opinion as to whether Sheedy was poisoned after he was assaulted, but had no opinion as to a conspiracy or as to the guilt or innocence of these parties; could pressume the accused to be innocent until proven guilty.

Court: "Didn't you state, Mr. Franklin, that you had an opinion as to their guilt or innocence?"

"Yes, sir."

"How are you know?"

"I am of the same opinion still."

"The juror is excused."

Stearns: "Give us an exception."

I. M. Hill of Firth didn't "believe in murdering no way." He would never give his consent to taking the life of a citizen under any circumstances, although he believed himself a law abiding citizen. He was excused.

Ed. Ferry lived ten miles northeast of Lincoln for a month past; lived in Rock Creek precinct two years; had no scruples against the death penalty and could be convinced by circumstantial evidence alone, if strong enough. Had formed an opinion of the guilt or innocence of the accused, but didn't retain it still. He had read the confession, and was excused.

Charles B. Anderson, a carpenter of South Lincoln, worked in the B. & M. shops for ten years.

"Have you any conscientious scruples against the infliction of the death penalty?"

"Well, in the first place, I don't understand the English language very well."

Upon his failure to understand the next question he was excused.

C. N. Crandall said that when he had first read the accounts published in the daily papers here he thought they were both guilty.

The answer created a sensation and even the fair face of the prisoner broke into a smile.

He had read the confession and might have made a remark that he thought it was so. He had expressed an opinion as to the guilt of Monday McFarland.

Mr. Crandall was excused and court adjourned until 2 p. m.

Afternoon Session. It was 2 o'clock when the defendants returned into court. Monday being accompanied by Captain Billingsley and Mrs. Sheedy by Mrs. Morgan and Mrs. Dean, and her uncle, Mr. Biggerstaff. Ten minutes later the ten men retained in the jury box came in under the escort of a deputy sheriff. The seating capacity of the court room was already pretty thoroughly utilized, but still there were no ladies present. The janitors had, for reasons of their own, nailed pasteboard over the large window in the north wall of the court room opening into the third floor, through which on the preceding day a large number of ladies had peered down upon the scene in court.

When Judge Field took his seat upon the bench he said that during the process of drawing the jury on Monday he had been of the impression that the new law published in the 1889 statutes repealed the old law relating to causes for challenge. Since then he had reached the conclusion that the clauses prescribing causes for challenge had not been repealed, and he had therfore determined to excuse Messrs. J. P. Hendry, C. Oakes, P. W. Quackenboss and Henry Harkson. They had been challenged by the defense at the original examination.

Charles Ring was submitted to a re-examination. He had formed and expressed an opinion based on newspaper reports, which opinion he still had. He was challenged by the defense, but the challenge was overruled.

L. L. Corey and E. D. Champion were also re-examined and proved satisfactory to the defense. But Mr. Lambertson took the latter in hand and brought out the statement that he didn't think he could render a verdict on circumstantial evidence where the penalty would be death.

To Mr. Strode he replied that if the circumstantial evidence was strong enough to convince him of the guilt of the defendants he would return a verdict of guilty, but he didn't think the evidence could be strong enough to convince him. He was excused and the defense excepted.

James Reed was recalled and the examination brought out that he had read THE JOURNAL'S reports of testimony and had formed an opinion at the time, but had no opinion now. Contradictions had changed his opinion and his mind had wavered back and forth. He thought he could be convinced by circumstantial evidence.

Lambertson- Well would you.

This caused a roar among the attorneys and the witness was not required to answer. The state challenged and the court overruled.

F. H. Dunham was recalled and when it was found that he had scruples against the death penalty, he was excused, cutting the number in the box down to four.

S. S. Griffin of Centerville precinct was not opposed to the imposition of the death penalty on circumstantial evidence. He had read of the case but had no opinion as to the guilt or innocence of the accused or the manner of Sheedy's death. He could presume the accused innocent until they were proven guilty; had never talked with any of the attorneys connected with the case and could give the accused a fair trial.

J. Z. Dobbs of Bennett, a blacksmith, had an opinion formed from reading the papers. He had read the testimony as printed in THE JOURNAL and was excused.

G. H. Baughman of Twenty-sixth and R streets had formed an opinion from reading the confession and parts of the testimony. He was excused.

William N. Abbot of 1220 A street was not opposed to the infliction of the death penalty; didn't know that he could be convinced by circumstantial evidence alone in capital cases. This he modified somewhat, but the challenge of the state was sustained.

W. F. Little, the Lincoln real estate agent, had been acquainted with John Sheedy and had formed and expressed an opinion from what he had read and heard; had read the confession and testimony and it would require testimony to remove his opinion. The challenge of the defense was sustained.

A. B. Norton of Davey had formed no opinion and was not opposed to the infliction of the death penalty; he thought he could be convinced by circumstantial evidence.

Was acquainted with Mr. Snell, and knew that "he used to be a good democrat until he changed over."

This created a ripple of laughter at the expense of Mr. Snell, who smiled rather guiltily and colored up.

The witness said he read the Farmers' Alliance and the Call. The defense appeared to think that these papers wouldn't teach them much and he took his seat in the box.

Henry Whitman lived near the Sheedy residence and was excused.

Charles E. Chowins had read everything about the case including the confession and the testimony, and had formed an opinion. The state challenged him. Mr. Strode continued the examination and the state withdrew its challenge. The witness thought he couldn't change his opinion and a challenge by the defense was sustained.

Frederick E. Shepherd, aged seventy-one, an expressman, had lived in Lincoln for eighteen years and knew John Sheedy by sight. He had formed no opinion as to the guilt of the accused, had no scruples against the death penalty and could be convinced by circumstantial evidence. He had read part of the testimony, but formed no opinion of its truth or falsity; so also the confession. He had no opinions whatever in relation to the case and he was in condition to give the accused a fair shake. The defense challenged him because of his age, and he was excused.

J. N. Tiger lived near Waverly and was a farmer all his life; knew John Sheedy by sight, has no opinion as to the guilt of the accused; had no scruples against the death penalty, but couldn't be convinced by circumstantial evidence in such a case, and couldn't bring in a verdict of guilty on such evidence. He was excused.

Mr. Lambertson asked if the fact that there was some positive proofs corroborative of circumstantial evidence would make any difference.

He replied that it would.

At this point the court said that to his mind there never was a case where the evidence was entirely circumstantial and it was impossible to conceive of one, although the courts permitted the asking of such a question and he would follow the ruling of the courts.

W. J. Coates, a carpenter of Lincoln read only the Alliance and didn't know much about the case. He had read something about a confession and had an opinion which it would require testimony to remove. He had never read the testimony, but he was excused on the challenge of the defense.

James Van Campin of Little Salt precinct, a farmer, had formed and expressed no opinion as to the guilt of the accused; was not opposed to the death penalty but would have scruples against inflicting it on circumstantial evidence. If the evidence was strong enough, he supposed he would have to return a verdict of guilty. He had never read anything about the case, and had heard very little. He was passed for cause and took a seat in the jury box.

B. Kallemyn of South Pass precinct had seen Messrs. Stearns, Strode, Philpot and Billingsley at rallies at Hickman; never talked with them about the case. Had read what purported to be testimony and had formed an opinion. He could be convinced by circumstantial evidence and had no scruples against the death penalty. But he had formed an opinion and was excused upon a challenge by the defense.

R. Striker, a grocery clerk not now in employment, had read the confession and the verdict at the coroner's inquest. Didn't form an opinion as to the truth or falsity of either. He had had an opinion based on Monday's confession, but he hadn't followed the case and the opinion had vanished. He could presume the accused to be innocent and thought he could render a verdict on the law and evidence. From what he had read he had formed an opinion as to whether or not Sheedy was killed by a blow. He was excused on a challenge by the defense.

John Holmquest had an opinion as to the guilt or innocence of the accused, formed from reading the papers, and was opposed to hanging for murder.

"Suppose it were proven that one of these defendants killed John Sheedy with a cane in cold blood. would you have scruplesragainst returning a verdict of guilty if it would result in the death penalty?"

Objected to by Stearns as incompetent, irrelevant and "brutal." Objection overruled.

The witness said he would never return a verdict tha would result in "stringing anybody up," and was excused.

Frank E. Doyle, a carpenter of this city, was opposed to the infliction of the death penalty on circumstantial evidence but not otherwise. He had read all about the case, but didn't know that he had any well defined opinion. This witness was submitted to a rigorous examination by Colonel Philpott, which the court peremptorily interrupted.

"Where a witness endeavors to answer questions of counsel as fairly as this witness has he is entitled to the protection of the court, and will get it."

Colonel Philpott insisted upon fastening an opinion in the mind of the juror who said he didn't know that he had any. He was finally challenged by the defense, but the challenge was overruled.

At this point the court interrupted the proceedings to announce that the information had floated in that the supreme court had spoken and that John M. Thayer had been declared to be governor and that Mr. Boyd was no longer governor. Several people in the audience attested their approval by clapping their hands, and a twinkle in the eyes of the court indicated that he was not at all displeased with the information.

E. B. King of Nemaha precinct had read THE JOURNAL, the Bee and the World-Herald, and wanted more. He had read it all, formed an opinion and had it still. He was excused.

L. L. Lyman, ex-water commissioner, had formed and expressed no opinion as to the guilt of the accused; had no scruples against the infliction of the death penalty upon circumstantial evidence. Read part of Monday's confession, but not the evidence. He had no opinion whatever in the matter and could give defendants a fair trial, presuming them innocent until proven guilty. He was passed for clause and took his seat in the box.

G. W. Lamb of Lincoln, a real estate agent, had formed an opinion as to the guilt or innocence of the accused and wouldn't like to chance rendering an impartial verdict. He was excused.

A. P. Martin, an insurance and real estate agent, had formed no opinion in the case. He was not opposed to the infliction of the death penalty on circumstantial evidence. He thought he could render an impartial verdict on the law and the evidence and was passed for cause.

Alexander McAllister of Lincoln, day laborer, had formed an opinion from reading the confession and the testimony. Challenged for cause and excused.

John Gross, brick checker for Buckstaff, had had an opinion as to the guilt of the accused formed on reading the papers and had it still. He also opposed the death penalty and was excused.

C. J. Roman of Lincoln had formed and expressed an opinion; had read the confession and the proceedings before the coroner's jury; had no scruples against inflicting the death penalty on circumstantial evidence. The defense challenged him and he was excused.

David Hettrick, a farmer from near Raymond, was not opposed to the death penalty on circumstantial evidence; had formed no opinion of the guilt or innocence of the accused; hardly ever read the papers and took only the Home Comfort, a story paper; never read anything about the Sheedy murder; had heard it talked about. He was passed for cause and took his seat in the row.

Frank E. Parks of South Twenty-second street, collector for Wallingford & Shamp, was not opposed to the death penalty on circumstantial evidence, but he had read the confession and testimony before the coroner and had formed an opinion. He was excused.

J. W. Sperry, a painter of Lincoln, had read of the murder, but not the confession and testimony. He was not opposed to the infliction of the death penalty.

"I couldn't convict no one on no circumstantial evidence."

He said he couldn't be convinced beyond a reasonable doubt by circumstantial evidence, and was excused.

F. W. Hunt of 1526 South Eleventh street, a Missouri Pacific switchman, had read the confession and had formed an opinion. He was excused.

Enos Harrington, a farmer of Garfield precinct, thought he had formed an opinion of the guilt of the accused. He had read the confession and evidence. He was excused.

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 5:45 until 9 a.m. to-day.

When court adjourned there were eleven jurors in the box, as follows: Charles M. Ring, James Reed, L. L. Corey, J. W. Castor, S. S. Griffin, A. B. Norton, James Van Campin, Frank Doyle, I. L. Lyman, A. P. Martin, David Hettrick. They were marched away to camp over night in the jury room in charge of Colonel Taylor.

Mrs. Sheedy was escorted from the court room back to her room in the second story of the county jail building by her uncle, who assisted her with every evidence of tenderness and sympathy. Her sisters followed them, the quartette presenting a truly pathetic spectacle, the observed of all observers.

It is hardly probably that the panel will be completed to-day, as the defense is entitled to thirty-two peremptory challenges, instead of sixteen, as stated yesterday, and the state to six.

Mr. Lambertson alternated with County Attorney Snell yesterday in the examination of jurors. Mr. Strode took no part in the afternoon's examinations and it was said that he was unwell, although he was present in court the greater part of the time. Colonel Philpott and Mr. Stearns conducted the examinations for the defense and endeavored in two or three instances to inquire as to religious beliefs of the jurors, but were promptly cut short.

Judge Weir is a silent spectator of the proceedings.

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MONDAY WASN'T WEAKENING

BUT WAS TELLING HOW MALONE WORKED IT.

Two Hundred and Eighty-Nine Men Examined as Juror in the Great Sheedy Case.

The Panel Will Hardly be Completed To-day - Another Special Panel Being Summoned for To-day.

Is Monday Getting the Worst of It! "I see you intimated this morning that Monday was weakening." remarked Mr. Stearns of Mrs. Sheedy's counsel to a JOURNAL repersentative yesterday morning, refering to the mention made of the long conference held in the court room the preceding evening, between Monday McFarland and Mrs. Sheedy's attorney's.

"Will you publish what was said at that conference if we give you our notes thereof? I will give them to you if you will publish them."

Mr. Stearns continued that the conersation had been related solely to efforts of Officer Malone to frighten Monday into a confession, while confined at the city jail on the night of his arrest, the night upon which he made the confession which was printed at the time exclusively in THE JOURAL from the stenographer's reports. The attorney says that Monday was telling them what Malone said that night; how he endeavored to convince Monday that there was a mod after him and that he had better confess: how Malone had asked him whether he would prefer to be hung "by the neck" or other portions of his anatomy and whether he prefered a big mob or a little one.

"If they ever attempt to introduce that alleged confession in evidence," said Mr. Stearns, "we will hace some interesting testimony to offer as to how it was obtained. And that was his subject of our conversation with Monday."

It is generally remarked, however, that it was a little strange that Monday was permitted to hold such an extended secret conversation with Mrs. Sheedy's attorneys while his own were nowhere to be seen.

There is a growing impression among spectators, outside attorneys and even the officers of the court, that the jury is being selected chiefly in view of the probability of their clearing of the fair accused, let the "nigger" come out as he may. In fact Monday's consel has as far as appearances indicate, are taking a back seat in the selection of the jury. It may be due to the reasonable conviction on their part that it would be impossible to convict their dusky client without convicting aslo Mrs. Sheedy, which is certainly a fair conflusion from what evidence has hitherto been made public. Be that as it may, the impression is general that Mrs. Sheedy is not going to be left of the selection of the jury, even though the darkey may be. To the more observant, however, it is preceptible that when Monday's attorneys spot an Irishman on the jury, he comes off, as they realize that there is a natural antipathy between the races, and they don't risk the chance of permitting a son of Erin on the jury. The conclusion that an acquittal of Mrs. Sheedy will be also an acquittal of Monday is not a correct one, for should Monday's confession be introduced under the law it will be permitted to weigh only against himself and not against Mrs. Sheedy. This would not have been the case had not the courts charging a conspiracy been stricken out on motion of Colonel Philpott.

It was 9:15 when court was called to order. The prisoners came into court under the usual escort and looking none the worse for the last day's anxiety. Mrs. Sheedy was looking even better than at any time since the opening day.

A.M. Trimble of Garfield precinct, the first juror knew John Sheedy and had his opinions of the case. He had read the confession and testimony and thought his opinions were based thereon. Was not opposed to capital punishment. Mr. Trimble was excused by the defense.

Edwin Sharp, printer and paper hanger, knew Sheedy by sight. He had formed opinions that made bumps on his head, as he had read full accounts every day. He was excused.

Frizt Mundt was on the regular panel last fall and stood aside.

John D. Johnson was allowed to go because he had a wife sick in bed at home.

James Smith of Olive Branch precinct had read about the case; had not read the evidence or confession; read only a Bohemian paper; had no opinion as to the guilt of innocence of the accused. He couldn't understand the questions and was excused.

J. T. Clark of the town of Saltille, had read about the case; thought he could render a fair and impartial verdict, but would rather not sit; had fromed a partial opinion. He was humored in his desire to depart.

James Brabson, a gardener of this city, belied his name by being an Irishman. He thought he could render a fair and impartial verdict, as he had no opinions; hadn't read very much about the case nor talked about the guilt of the parties; didn't think he ever had any prejudice for or against the defendants. He was passed and the panel was full.

The defense hurled their twentieth challege at him and he fled.

C.H. Smith of Sprague came in to fill up the yawning gap. Smith is an implement dealer. He had read some of the testimony, but not the confession; didn't think he would be biased and was excused.

Thomas Heellan knew John Sheedy and was married to his first cousin. He was not wanted.

Dan Graham knew John SHeedy and had an opinion; he was sick and had business and was excused.

C.A. Rising of Lincoln had an opinion but thought he could decide the case according to the law and the evidence; had read the confession and tesimony. Excused.

Jacob Croy, a Lincoln carpenter, had known Sheedy; had formed an opinion of the case on what he had read; had no scruples against the death penalty; thought he could decide upon the law and the evidence. He filled the panel.

The twenty-first challenge of the defense let out Frank A. Graham, as Mr. Billingsly said he knew the juror wanted to get off.

W. H. Wilson of Garfield precinct, had formed something like an opinion, but wasn't quite sure of it; had no scruples against the death penalty. His opinion was big enough to let him out.

S. M. Miller of Centreville had heard enough to form an opinion but that opinion was not very securely founded. His opinion was that there was something wrong there, but as to who was the wrong-doer he had no opinion. He read the News, Call and Independent and took no stock in newspaper evidence, and it is no wonder. He thought he could render an impartial verdict, and was passed for cause.

The twenty-second challenge of the defense gave Mr. Miller a chance to go home.

L. G. Ivers of this city had had business relations with Mr. Billingsly and had read the confession and testimony, and had an opinion. He was excused.

C. M. Green was at one of the hearings and had opinions, but thought he could render a verdict on the evidence. He was excused, the defense resisting.

Ed Trimble of Garfield precinct, had read the newspapers and had an opinion, but could render a verdict according to the evidence. He would refuse to return a verdict for the death penalty.

L. Wessink of Panama, had no scruples against the death penalty and had an opinion formed upon reading Monday's confession. He wasn't wanted.

John M. Pollock of North Bluff precinct, had no scruples against the infliction of the death penalty on strong circumstantial evidence. He had read the confession of testimony but formed no opinion to speak of. He read the Call and News and was convinced that the newspapers publish a good deal that is not true. He had an infant opinion and was excused.

Robert T. McClellan of Lincoln had opinions that had worn holes in his hat and was not wanted.

M. C. Day, a painter of 1531 South Eighteent street, had an opinion as to the guilt or innocentce of the defendants, and in regard to one of them in particular.

"Which one is it?" asked Mr. Hall.

"We object," roared the defense in chorus, and Mr. Hall smiled as he sent forth a challenge whereon the juror retired.

Thomas Heardman of Lincoln had formed an opinion and didn't think he was unbiased. He was excused.

Albert Ward, a farmer near Waverly, hadn't read Monday's confession, took no newspaper, and had no opinions; had read nothing about it, but had heard about it: Ed Loder had talked to him about it; had heard that Sheedy was killed and something about how he was killed, but didn't know the names of those who were alleged to have killed him; had no scruples against capital punishment; and didn't think positive evidence necessary. He was passed.

The fourth challenge of the state dropped Alfred W. Gale.

J. A. Samuelson of Rock Creek precinct, didn't understand English as readily as he did Swede. He was excused.

Martin D. Henry of this city had never worked at day's work in his life, but was his own boss; knew all of the attorneys; had read the whole business; had formed opinoins, three of them; the third opinion was formed when the stomach came back; it affected only one of the parties; had blowed all three of them a good deal. This witness created considerable merriment by his frankly confident and witty answers.

C. A. lundell of Rock Creek precinct had read in a Swedish paper about what Monday had to say; he would vote to have a guilty hung. He was excused, as he did not understand English.

J. F. Roller of Bada precinct was not opposed to hanging but had an opinion that unfitted him for jury service. He was excused.

Warren Clark of Mill precinct, a farmer and school teacher, knew nothing about the case and had no opinoins, as he paid no attention to such matters; thought he could render an impartial verdict, and was not opposed to capital punishment, even on circumstantial evidence. For a school teacher this juror exhibited a remarkable lack of interest in current events, and the only thing he heard about the case was read to him by a neighbor just after the murder. He was passed for cause.

Clyde Krikpatrick fell a victim to defendant's twenty-third challenge.

James Coggshall, engineer at the Globe white lead works had no prejudices in the case and thought he could do unibiased service as a juror, though he had opinons formed on having read the evidence. Excused.

John Wendling, a Finlander, came in with a guardian who explained for him that he could neither talk nor understand English, and the guardian was allowed to beckon him away.

The name of Charles H. Brown was called and brought no response. The clerk stated that Mr. Brown had been personally served and failed to appear.

"Issue an attachment for Mr. Brown," said Judge Field.

This exhausted the second the second special panel and the clerk went back and recalled the names of prior absentees.

J. E. Bundy of Mill precinct had read the confession and was excused because he had formed an opinon.

John Flynn of Yankee Hill precinct had no scruples rgainst capital punishment but thought he was rather biased. He was excused on the challenge of the defense.

Ben Oltlemeyer lived in Buda and Olive Branch precincts, a teacher and a Hollauder by descent, took no newspapers and had read only the first accounts of the murder; had no scruples against the death penalty and could be convinced by circumstantial evidence; the summons took him away from his school. He was passed.

He was at once retired on the twenty-fourth challenge of the defense.

W. E. Brown of Twenty-eighth and Randolph, a house painter, knew nothing about the case and had no opinions, had read sketches of the case; knew Mr. Billingsley for twenty-two or twenty-three years and had worked for him; had heard of Monday's confession, but had no impression in regard to it. He was opposed to capital punishment and didn't think he could conscientiously return a verdict condemning a person to death. Thought he would return a verdict of guilty of murder in the first degree, even though the law would inflict the death penalty. The fact that the defendant was a woman would undoubtedly have some influence with him; he was opposed to the infliction of the death penalty upon a woman.

"But if, while objecting to the death penalty, that were the law, I should return a verdict of guilty, though it would be very hard to do. I am a law-abiding citizen; I fought for my country and propose to live by its laws, and I should return a verdict in accordance with the law."

"You would return a verdict of guilty, then, only because you thought the law commanded it?"

"Yes, sir."

"Wouldn't you hesitate longer over returning such a verdict than in a case where the death penalty doesn't attach?"

"We object," shouted the defendants' attorneys in chorus, and the court sustained the objection. He also excused the juror on the challenge of the state, the attorneys for Mrs. Sheedy protesting.

At this point it was discovered that no other jurors were present and an adjournment was taken until 3 p.m.

The Third Special Panel.

As soon as the morning session closed Clerk Sizer repaired to the county clerk's office, where, assisted by Clerk Howe, he drew from the box the third panel of 150 names comprising Thomas L. Phillips, Henry Fix, J. H. Mauritius, J. H. Fawell, M. L. Hittser, Henry L. Willis, Alfred J. Shilling, Ed T. Hooke, Milo Chase, Albert J. McGee, Charles McCall, L. B. Treeman, J. P. Chipman, Abner Heator, W. E. Morse, A. K. Webster, W. G. Wake, J. C. McBride, R. H. Corner, S. G. Kent, J. W. Randall, J. D. Johnson, S. A. Warner, O. P. Colby, O. N. Gardner, B. S. Littlefield, C. W. Jackson, J. M. Bell, John McManigal, Andrew Cox, George Bostater, Rober Mitchell, A. A. Cummings, Fred Gardner, Clent Steiner, Fred Kent, W. S. Hubble, J. W. Fay, F. Beckman, J. E. R. Millar, J. C. Pentzer, Thomas Sewell, E. B. Pancher, J. H. Sherwood, E. B. Barney, I. N. Baker, C. W. Mosher, E. B. Finney, Thomas Ewing, R. H. Oakley, John Sturm, John Beardmore, H. A. Adams, J. D. Garner, C. H. Bottom, Dennis Merriman, J. B. McDill, Emrov Kearns, Charles Austin, J. M. Bronson, F. Calkins, C. T. Timmons, M. S. Bacon, A. Humphrey, Leopald Barr, George A. Hendry, James C. McHaffee, H. S. Cutter, W. S. Corey, J. D. Calhoun, Fred Hilderbrand, A. Halter, William Burch, E. E. Bennett, George Parrish, R. C. Hazlett, E. c. Hartshorn, C. C. Classon, H. [Etche?], jr., Roscoe Perry, Joe Carter, J. C. Banis, W. V. Bain, Louis W. Coats, William Fosborn, all of Lincoln.

S. H. Hackman, South Pass; J. A. Taut, Nemaha; Edward Beemp, Garfield; B. F. Sakes, North Bluff; E. W. Pinkley, West Lincoln; William Brown, Grant; C. S. Cadwallader, Little Salt; M. H. Baldwin, Lancaster; Luther Batten, Oak; C. A. Scott, Rock Creek; C. W. Rhodes, Lancaster; Ed Young, Panama; J. R. Roskow, Denton; H. A. Larriemer, Little Salt; Jan Johnson, Grant; Joshua Berson, Panama; James Fasher, Olive Branch; Fred Muller, J. P. Bolton, Saltillo; Henry Malone, Buda; Wm. Hartman, Olive Branch; W. H. Ivers, Waverly; Phillip Opp, Rock Creek; William Dullenty, North Bluff; William [Brinton?], Oak; J. Geogan, West Lincoln; Chris Keller, Buda; Joseph Spencer, Nemaha; George Esterbrook, Waverly; John Robertson, Panama; G. W. Hoffo, Stevens Creek; W. H. Meeks, Centerville; A. B. Jacoby, Stevens Creek; William Spencer, Buda; George E. Cox, West Lincoln; Thomas Riley, Buda; Fred Winen, Centerville; Ben Underwood, Stockton; M. H. Mills, Waverly; Joshua Kelly, Lancaster; Henry Forbes, Yankee Hill; Ross Crabtree, Stevens Creek; William Beason, Elk; George Gaskell, Mill; E. D. Harris, sr., Joseph Harrison, Lancaster; Charles Loring, Mill; J. T. Higgins, West Lincoln; Oscar Law, North Bluff; William Reed, Lancaster; J. A. Baker, West Lincoln; Archie Turner, Lancaster; W. Hook, West Lincoln; William Kenyon, Little Salt; A. J. McGuire, Grant; William Odell, Lancaster; Ed. Franklin, Garfield; George Hanser, Middle Creek; Adolph Waite, Olive Branch; J. J. Chambers, Stockton; W. A. Deerfield, Nemaha; A. Braner, George Kelwarf, Highland.

The sheriff's force was started out at once in every direction with summons for the above to the end that all could be served ere this morning, and that at least a portion of them brought in during yesterday afternoon.

The Afternoon Session

It was a quarter after 3 o'clock when court reconvened. Mrs. Sheedy came in accompanied by Mrs. Morgan, Mrs. Baker and her uncle, the other sister, Mrs. Dean, being absent for the first time. The auditorium was well filled, but the few ladies present only remained long enough to get a glimpse at Mrs. Sheedy.

Some time was consumed by Attorneys Strode, Sterans and Billingsley in preparing another motion to quash the third special panel on the old grounds advanced against the others, during which time Monday McFarland sat with his lips glued to Colonel Philpott's ear.

"Before proceeding further I wish to say," remarked the court, "that Mr. Reed, by agreement of counsel, is excused from further service as a juror."

The gentleman named, who had been on since the first day, left the box. It appeared that his wife was about to be ill at their home in Denton precinct and had no one to care for her except her old mother.

John Hartzell of Yankee Hill was the first juror called. He had read all the accounts in the Lincoln papers and had formed an opinion; had no prejudices but it would take evidence to remove that impression. He was excused, although he thought he could render a fair verdict.

C. R. Chittenden of Yankee Hill knew neither Sheedy nor the accused; was not opposed to the death penalty, but had read the confession and had erected a two-story opinion thereon. He was promptly fired.

M. F. Lamaster of Lincoln thought he had formed an opinion; had read the papers containing the confession and it would take evidence to remove his opinion. He was excused.

Charles Hass of Elk precinct, a German, had an opinion as to the guilt or innocence of the accused; didn't think he could render an impartial verdict, even if he could understand it all. He was excused.

Joseph Wong, who was a farmer and a Celestial, had formed his opinion of the case from what he had read and was against capital punishment. He had read the confession and the court let him out.

Henry F. Stafford, lived seven miles southwest, was afflicted with an impediment in his hearing and was excused.

George Carr of West Oak showed up in a new G. A. R. uniform and said he didn't know that he had formed or expressed an opinion; his best impression was that he had not; hadn't read anything but the weekly Bee and didn't know much about the case; hadn't read the testimony nor confession; had no scruples against the death penalty; believed it would be different with a woman; would have scruples against returning a verdict against a woman where the death penalty would attach. The juror changed this opinion upon further examination and concluded that he would convict a woman as quickly as a man. He thought he would be an impartial juror. He had formed an opinion as to whether or not Sheedy came to his death as the result of a conspiracy and probably that the defendants, or one of them, was connected with it. He was excused.

David Duff of Yankee Hill had formed no opinion of the guilt of the accused. He knew Billingsley, Philpott, Stearns and Strode; Sterrns had tried a case for him; had read a little of the case, but formed no opinion; had no scruples against the death penalty, but didn't know what he would do if the evidence were entirely circumstantial. Juror was an Irishman and knew the attorneys for the state; Had not read the confession or testimony and had no opinion; Knew John Sheedy for a good many years. Juror had no opinions of how Sheedy came to his death and could presume defendants to be innocent. He was passed to the jury box.

This exhausted the second special panel and Mr. Strode filed his motion to quash the third one. Overruled and defendant excepts.

Charles McCall, pharmacist, was called. He was not personally acquainted with John Sheedy. He was excused under the law as a druggist.

Alfred J. Shilling fell by the wayside in the same manner. He had formed an opinion.

E. W. Pinkley of West Oak was not acquainted with Sheedy and had formed no opinoin; had read the evidence and confession, but couldn't reach a conclusion thereon. It may have formed an impression concerning one or both of the defendants. Could presume defendants to be innocent; had no scruples against the infliction of the death penalty, even on circumstantial evidence. Had no opinion and didn't remember ever having had one. The challenge of the defense was overruled.

The twenty-fifth challenge of the defense struck the Irishman, David Duff.

Elgin C. Hartshorn was called and said he had an opinoin, but could be a fair juror. He was passed to the box.

E. W. Pinkley went out on the twenty-sixth challenge of the defense.

E. E. Bennett had formed an opinion and had it still, wherefore neither side apperared to want him.

Rosco A. Perry had an opinon that would hardly go into a No. 7 1/4 hat and he was excused.

John Fawell was excused without having showed up, as he was at work in the recorder's office.

Fred Gardner, jeweler, had based a full-jewelled opinion on what he had read and was given his time.

F. Beckman guessed he had formed and expressed an opinion and had it concealed about his person that very moment. He was excused.

J. E. R. Millar had an opinion and was allowed to go home to rest, as he said he hadn't had any for two or three nights.

J. P. Chipman had an opinion on his mental [hooks?] and was excused.

W. G. Wilson, dealer in general merchandise, thought it would take mighty straight evidence to justify a verdict for capital punishment. It would take very strong evidence to remove the opinion he had formed. He was excused.

W. E. Morse of Hardy & Pitcher's store, said he would refuse to return a verdict inflicting capital punishment.

Robert Mitchell was sixty-two years old and was allowed to go.

George Parrish of 1431 R street had formed an opinion from reading the newspapers and had it still. He was excused.

W. V. Bain, a bookbinder, had conscientious scruples against the death penalty except upon the most positive evidence. He also had an opinion and was told to depart.

R. C. Hazlott, bookkeeper, had formed an opinion, but din't know that he had expressed it formed it from the published testimony. He got away.

Leopald [Burr?], jeweler, was opposed to capital punishment, and would have to witness an act himself ere he would favor inflicting it.

Attorney Cummins sneaked out of the long ordeal because he was a member of the bar.

J. D. Calhoun, being a newspaper man, had an opinoin and knew what it was. It was based on what he had read and heard.

Druggist Steiner claimed his exemption and registered for a fee at Ed Sizer's prescription case.

C. S. Classon thought he had formed and expressed an opinion on having read a part of the confession and the headlines in the papers. He was excused.

B. S. Littlefield, newspaper man, had both formed and expressed a decided opinion, and was promptly let away.

John McManigal's democracy didn't save him, having read the newspapers and actually indulged in the luxury of an opinion.

Philpott: "Are you a member of the farmer's alliance?"

"Well, not to any alarming extent."

He was excused.

Dr. Finney was granted his exemption as a practicing physician.

George Bostater didn't oppose capital punishment, but had an opinion of the guilt or innocence of defendants. He was excused.

J. D. Johnson had discussed his formed opinion, and had read the confession. He was sent away.

Milo Chase of Sixteenth and O streets knew John Sheedy and thought he had an opinion which he had expressed. Had read a good deal of the confession and testimony. He was excused.

A. Heater was possessed of an opinion. Colonel Walstrom, who was mixed up in the case, roomed in the juror's building and the latter was a witness at the preliminary hearing. He was excused.

James C. McHaffee, ex-proprietor of the Hotel Meck, had an opinion and was not wanted.

L. B. Treeman was sixty-two and had expressed an opinion. He had read Monday's tale of woe and was not wanted.

There were no more jurors in court and Judge Field adjourned proceedings until 9 a. m. to-day.

The eleven men in the box were 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.

During the day the defense had used seven peremptory challenges, leaving it six yet to exhaust. The state exausted two challenges and has two remaining. It is a matter of general prediction that the close of the sixth day's work will not see the penet finally filled.

Seventy-three men were examined yesterday, increasing the total to 289.

AND STILL NO SHEEDY JURY

A PROTEST AGAINST OUTSIDE INTERFERENCE.

The Prosecution Thinks That Undue Influences Are at Work to Seal the Darkey's Lips.

Jon Carter, the Colored Juror, is Spotted and Monday McFarland Weeps- Two Challenges Remaining and 544 Men Examined.

Sixth Day of the Great Trial. There was a decreased attendance in the court room yesterday morning when order was summoned out of mild confusion by the stern, solemn "hear ye" of of Deputy-Sheriff Hoagland. The summons had not [cooled?] [are?] Attorney Philpott of Monday McFarland's counsel advanced to the court's [?] and addressed the ever courteous tribunal on a question of privilege, half in inquiry and half in deprecation. He wished to inquire whether or not an interview between his client and a witness was not to be permitted in the court room. He said that on the previous evening W. W. Carder had had a conference with McFarland in the room and that the attorneys for the state had made a roar about it. He had also wished to permit McFarland's wife to have a secret interview with him in the jail, but this had been denied unless the jailor could be present and hear it. The proposed conference was to be about family matters, and the parties, while willing to talk about them in his presence, did not want to allow the jailor to hear it. He had made the request on Thursday, and it had been denied. He thought it a right to which the prisoner was entitled and he wanted him confirmed in it.

The court said he saw no reason why Monday should not be allowed to converse with his witnesses.

Mr. Hall contended that he did not deem it proper for Mr. Carder, who he said, was evidently in the pay of the defense, to be permitted to hold secret conference with the prisoner, as he had done during the previous evening. He said that the whispered conference had begun before the court had left the room, but continued for some time thereafter.

The court said he saw no good reason for denying Monday's right to converse with the witnesses, even though the latter was in the employ of the defense.

But Mr. Hall and Mr. Lambertson continued to protest that Mr. Carder was not employed in the capacity of counsel, and Colonel Philpott protested that he was not in the employ of the defense.

Sheriff McClay said to the court that he would like a rule to guide him as to who should be permitted to confer with Monday, and the court established it by giving directions that hereafter conferences with the dusky prisoner would be permitted only upon the court's order. This apparently terminated the outward evidences of a great deal of inward feeling.

The objections of the state were aroused by the fact that after the adjournment of court Friday evening W. W. Carder and Monday McFarland had sat with their heads very close together for some time engaged in a conversation of great apparent secrecy. Only four or five feet away sat the [impertumble?] and ever vigilant Jim Malone, but Colonel Philpott sat between him and the parties conferring, guarding the [secresy?] of the whispered discourse with cat like vigilance.

The attorneys for the state are convinced that Monday McFarland is nearing the point where he is likely to make interesting revelations, if only left alone, but that there is a constant pressure being brought to hear upon him to keep him from so doing. They express the conviction that Mr. Carder's conference was in [?] with that evident desire to seal the darkey's lips. They think that this [?] is even being exerted upon him while in the county jail, chiefly on behalf of Mrs. Sheedy. They say that Jailor Langden, is very partial to the cause of Mrs. Sheedy, and has gone so far as to express the conviction that it is "an outrage" to keep her imprisoned on the charge. They say that the safeguard of such influences may throw around the prisoners are not calculated to further the ends of justice, and they have complained to Sheriff McClay of Langdon's attitude in the matter. It was asserted that they had asked the sheriff to remove Mr. Langdon, but Mr. McClay denies that assertion. He says that if it can be shown that Jailor Langdon has done one thing wrong in connection with the case, he will remove him, but none has been reported to him. He also said that the story of Langdon's partiality toward the cause of his feminine ward has been much exaggerated.

However these alleged facts may be, it is certain that the attorneys for the state are not satisfied in the matter. They even claim that there has been an effort on foot to have Mrs. Sheedy and Monday permitted to hold a conference in the jail by themselves.

It is also evident that the defense fears Monday, and that the state's advocates have hopes that he will break down.

Hence it was that when Monday was noticed crying for some time just before court adjourned last evening, the attorneys for the prosecution were more that ever convinced that their hopes were to be realized, but Monday's attorneys explained that his mental depression was due to the receipt of news from Kansas that his mother would be unable to come up to the trial.

Throughout the day Mrs. Sheedy was more actively interested in the proceedings around her than at any time heretofore. She had laid aside the look of settled melancholy that has hitherto been her chief characteristic, and yesterday [?] an active interest in the selection of the jury, evidenced by her whispering to those around her concerning the juror and their examinations. She [?] asked her attorneys that one juror with whom she was favorably impressed be allowed to remain on the jury, but her counsel thought otherwise and he was excused.

When the colored juror was given a seat in the panel it was noticed by everone [?] Mrs. Sheedy did some very vigorous whispering, and finally caught the ear of her uncle. He in turn caught Mr. Strode and the two retired from the room together. Soon after their return, it was what Captain Billingsley asked permission to return to consult with his client. That conference results in the release of Joe Carter, and soon afterwards it was noticed that Monday McFarland was in tears. The explanation of his tears which seems most plausible to the counsel for the prosecturion and their assisting officers, as well as to some of the court officials, is that the release of that darkey from the jury had its meaning for even the obtuse understanding of Monday McFarland. In his voir dire examination Joe Carter had professed to have an opinion as to the guilt or innocence of the parties, but the defense had accepted him. It is thought that he would be not so likely to convict Monday and acquit Mrs. Sheedy as would a white man, and this is the state's idea of the motive for his dismissal.

With each day's work in securing the jury the interest intensifies and some mighty stirring scenes may be anticipated in that court room ere this great legal battle is brought to an end.

The attendance throughout the entire day was not so great as it has been heretofore, and it is apparent that the public is awaiting the completion of the jury, which will probably be effected before the noon hour to-morrow.

The jurors who were held in the box to spend the Sabbath were James Van Campen, George Albrecht, J. C. Jensen, A. B. Norton, John H. Hart, A. W. Widdifield, Jacob Croy, Albert Ward, Henry L. Willis, El Young and John Robertson. They are not the most inteligent looking body by any means that could have been selected, and it is suspected that the state is not fully satisfied with it, but it has but one challenge retaining. The jury is strictly guarded, and the members are forbidden to converse about the case.

It is hinted that some of the jurors have expressed opinions in relation to this case, and in view of their oath that they have not so done, it is believed that the attorneys for the state will not neglect an opportunity to go after them for perjury.

Mrs. Morgan, the California sister of Mrs. Sheedy, was noticed to be on the anxious seat yesterday, and inquiry developed the fact that she was very earnestly engaged in an endeavor to keep her alleged picture out of local pictorial papers. It is said that she is very sensitive in regard to the matter, which explains her apprehensions, as she is a handsome woman, and were an accurate picture of her given she need have no scruples.

The first juror who responded to the call of the list was Charles Grady of Raymond, a farmer, who had formed and expressed an opinion and still had it. He was challenged by the defense and excused.

Thomas L. Phillips of Thirteenth and W streets, a carpenter, had never read very much about it, for he never believed very much in "readin' murder cases"; had no opinion and no scruples against the death penaly on circumstantial evidence, not even in case of a woman. Juror knew Mr. Hall slightly and Mr. Snell by sight.

Billingsley: "What is your politics, Mr. Phillips?"

"Well, independent." "Then you voted for Mr. Snell, did you?"

Ere the witness could answer the state objected to the question as improper and it was withdrawn.

"Have you any bias or prejudice against colored people?"

"I don't see why I should have. They are human beings the same as ourselves."

Juror thought he would be a model of fairness and impartiality. He took his seat in the box.

The twenty-seventh challenge of the defense sent Warren Clark, the school teacher, away regretfully.

J. W. Billow of Oak precinct had an opinion and didn't think he could render an important verdict, having read all about the case. He was excused

M. L. Hiltner didn't think he could render a fair and impartial opinion and therefore was not wanted.

Henry L. Willis had no opinion; was in charge of the freight house of the Union Pacific; had no scruples against the death penalty, even in case of a woman, and thought he could render a fair and impartial verdict upon the law and the evidence. Had read all the papers, he guessed, including the confession; formed no opinion because I didn't take any stock in it. Juror didn't rely much on the newspapers; didn't have any prejudice against a negro; was a democrat in politics; knew John Sheedy by sight, but never spoke to him. Never spoke to any of the attorneys for the state.

"Well, your'e in luck," said Mr. Billingsley. "You bet I believe you." The juror was accepted and took a seat in the box.

The state's fifth challenge tackled H. H. Shatzell so vigorously that he grabbed his hat and made a bee line for the door, almost forgetting to settle with the clerk.

F. F. Mockett was excused because he was an attorney.

Joseph C. McBride had no opinion as to the guilt or innocence of the accused, and thought he could render a fair and impartial opinion. Had discussed the case a great many times, but never had any impression as to the guilt or innocence of the defendants.

"I might have formed an impression that, if what I read of the evidence was true, [some?] one of the defendants had something to do with the case. Don't know that I ever expressed such an impression. Had no reason to doubt the accuracy of the newspaper reports of the testimony." The juror was excused on the challenge of the state, the defense protesting, having first shown that he thought he would be an impartial juror.

R. H. Cornor of Lincoln had read part of the confession and the testimony; had formed an impression that the confession wasn't true, had probably formed an impression that the defendants might have had something to do with it; had no opinion at the present time and thought he was qualified to give the defendants a fair and impartial trial.

The state subjected this juror to rigorous examination, in the course of which it was developed that when he had read Monday's confession he didn't believe it; that he therefore had an opinion; that an internal revenue collector had once found an empty cigar box in his place with the stamp unbroken and that Captain Billingsley was United States commissioner.

Mr. Hall: "What did the United States commissioner do with you?"

The defense objected and the objection was sustained. After fully a half hour of quarrelsome examination, in which all of the attorneys joined the juror was excused. Judge Field replying to the objections of the defense that the witness had formed an opinion as to the truth or falsity of the opinion and was incapacitated.

Charles W. Mosner had formed an opinion and was excused without any searching investigation.

R. H. Oakley, ditto.

S. G. Kent slightly knew John Sheedy but neither of the accused; had no decided opinion; had got what might be called an impression from the testimony; had expressed no opinion except Mrs. Sheedy could not be convicted upon the confession; had read the confession and thought it improbable. He was excused.

J. W. Randall had formed no opinion that he knew of; never read the confession; had just glanced over the headings; knew John Sheedy but not the accused; had no opinion.

"Did you ever have a talk with one J. Johnston about the case?" "I may have had." "And didn't you give him your opinion of the connection of these defendants with the case?" "I may have." "Have you that opinion still?" "I don't know that I have."

The juror further stated he didn't believe some of the evidence he had read and was excused, the defense excepting.

Willis H. Ivers had formed an opinion and was not qualified to render a fair and impartial verdict.

J. M. Bell had formed opinions from what he had read, first one way and then another; was not opposed to capital punishment on positive and convincing evidence; had probably expressed opinions. He was excused.

Andrew Cox was an Irishman who had read the confession and when the state challenged him the defense generously agreed with them.

Fred Kent, a Lincoln carpenter, had read the confession and was excused for entertaining an opinion.

Joseph W. Fay , in the grocery business at Eleven and O had read and heard enough to form an opinion and was not wanted.

J. C. Pentzer, a teacher in the public schools, professed that he had an opinion and acted as if he pined for a grasp at the birch once more, wherefore he was excused.

Thomas Sewell mildly admitted that he had an opinion and was asked no further questions.

E. B. Fancher based an opinion on newspaper reports and got away on the strength of it.

John Sturm was a Prussian who had not been able to [skirmish?] up an opinion while driving his dray; had read some about the case and didn't "look much over that business," was not opposed to the death penalty, and it would make no difference to him whether the accused was man or woman, white or black. He had read the confession and formed no opinion as to whether it was true or false; had read the testimony of witnesses before the coroner, but had formed no opinion as to whether it were true or false.

"Now, Mr. Sturm, isn't it a fact that you have been in Gus Sanders' saloon and talked with him about the case?" inquired Mr. Stearns.

"What?" "Haven't you talked with Gus Sanders about this case?" "I don't know Gus Sanders." "Haven't you been in his saloon talking about it?" "No, sir; I don't go in saloons" "When did you quit?" "When did you see me in one? You are mistaken in the man."

The defense was evidently afraid of the juror and exerted every effort to fasten an opinion upon him, but failed, and the challenge of the defense was overruled.

He was immediately unseated, however, by the twenty-eighth challenge of the defense.

H. A. Adams, a carpenter, knew the late John Sheedy slightly. He thought he had formed an opinion.

"On the fact that the man was killed and the parties accused, are the most likely to have done it."

His name was Dennis. J. B. McDill had expressed an opinion on what he had read, had no conscientious scruples against hanging even a woman. He was excused because he had served his county as a juror in November.

Emsley Kearn was not very confident of his possession of an opinion, but thought he had one which it would take evidence to remove. He was excused.

James M. Bronson, a carpenter, had no opinion, although he had not read Monday's interesting narrative. Would refuse to return a verdict calling for the infliction of the death penalty.

Minor Bacon, a stenographer at Plummer, Perry, & Co's didn't remember having expressed any opinion, and didn't know that he had any with him; had no scruples against the death penalty for man or woman; had read a portion of the confession but didn't form any opinion as to the truth or falsity; could presume defendants to be innocent until they were proven guilt beyond any reasonable doubt; had partially formed an opinion as to whether or not the defendants entered in a conspiracy that resulted in John Sheedy's death. After a vigorous crossfire wherein the young man bore up in an exceedingly creditable manner, the court interposed and said there were reasons why this juror should be excused as he was in the employ of Mr. Fitzgerald.

E. D. Harris, a teacher in Cotner university, had partially made up his mind at the time of the murder; but it had grown rusty, thought it might take some evidence to remove it. He was excused.

Austin Humphrey was called. "Are you a democrat?" asked Mr. Lambertson. "Yes, sir." "We pass," said Mr. Lambertson. "And past sixty years of age?" queried Mr. Strode. "No, sir." "Have you formed or expressed an opinion as to the guilt or innocence of the accused?" "Yes, sir." This was sufficient and Mr. Humphrey was permitted to retire.

Judge Field announced an adjournment until 2 p. m.

The Afternoon Session.

At 2:15 the inquisition was resumed before a small audience, and the incompetent men summoned were summsrily disposed of.

George A. Hendry was acquainted with John Sheedy and was not opposed to capital punishment; had no bias or prejudice for or against the accused and thought he could hardly render an impartial verdict and was excused.

J. T. Higgins of Midway addition, a stock buyer, had no vigorous scruples against the death penalty; had lived in Cass county and knew Mr. Strode there; had had business relations with him, but didn't remember what it was; had read all the papers and had formed a sort of an opinion, but thought he could the defendants a fair trial. He was excused.

J. A. Baker, a dairyman living northwest of the city, knew John Sheedy and had read the confession of Monday; had also a sort of a skim-milk opinion, wherefore he was excused.

William Burch, a barber, said he was formerly from David City.

Mr. Hall- Have you read the confession of Monday McFarland?

"No, sir; I'm a man who don't read who don't read any." "Can you read?" "No, sir." "Have you talked any about the case?" "Yes, sir" Had formed an opinion as to the guilt or innocence of the accused. Thought every man in the state had an opinion as he had traveled 300 miles west and had heard opinions expressed on the subject, He was excused.

Joe Carter was the first colored man called. He had heard Monday's confession read as well as some of the testimony. He had an opinion as to the guilt or innocence of the accused and didn't think he could render a fair and impartial verdict upon the law and the evidence.

"We pass the juror," promptly exclaimed the state.

"We pass him."as promptly replied the defense. He filled the panel.

Thomas L. Phillips was let out by the twenty-ninth challenge of the defense.

Ed Franklin had read the confession and had an opinion. He was excused.

J. C. Bahls of the Capital City grocery knew John Sheedy and Mrs. Sheedy slightly. He had conscientious scruples against the death penalty, and didn't think he would like to return a verdict entailing it. He had read Monday's confession and founded an opinion thereon. He was excused.

J. J. Chambers of Bennett had read some about the case but had formed no opinion; had read some of the evidence taken at the former hearings, but didn't remember what it was. Thought he could render a fair and impartial verdict if he had to serve. He was opposed to capital punishment and thought he would want direct evidence ere he could convict. In spite of this the defense challenged him, but the court overruled the challenge. After he was ordered to the jury box he was excused by the court because he was subject to palpitation of the heart.

Thomas Coffield was excused for some spinal disaffection.

"Suppose," said the court, "you would have to sit for six or eight weeks? How would that do?" "It wouldn't do at all." "Well say two or three weeks." "That wouldn't do either." "Well you may go."

Turning towards the jury box the court remarked: "I don't want to discourage the jury, but wish to take every precaution."

J. K. Trout was excused because of his age.

Albert L. Scott had read Monday's story and had an opinion which secured his release.

Ed Young of Panama precinct thought he could give the defendants a fair deal, as he was without bias, and had no opinions, although he had read the confession of Monday and the testimony. Didn't even form any opinion as to whether the statements were true or false. Juror said he was an independent republican; had no scruples against the death penalty. He could presume the defendants innocent. He was passed, and was assigned a seat in the jury box in spite of his protest.

Captain Billingsley arose at this point and said:

"Your honor, there are only three peremptory challenges left, and counsel for Monday McFarland ask leave to retire for a few minutes to confer with their client."

It was granted and Messrs. Billingsley and Philpott and Monday retired to the judges' chamber, evidently to consult as to the advisability of removing the colored man, Joe Carter.

Meantime Juror Hartshorn sneaked up to the court and [?] an appeal for liberty, as he was recovering from la grippe. He was excused.

When Monday and his attorneys returned into court, Phillip Opp was called. He resided at Davey hardware merchant. He had formed a cast iron opinion and had read Monday's confession and the testimony as published. That opinion was still circulating through his grey matter tank and the court let him out.

Joshua Pierson had never entertained an opinion in the case; he was a lumber dealer at Panama; had no scruples against capital punishment even on circumstantial evidence and had read the confession but could do the fair and impartial thing by the defendants on the law and the evidence. He took a seat in the box.

The result of Monday's conference with his attorneys manifested itself in the thirtieth challenge of the defense when Joseph Carter, the colored juror, was turned loose.

Fred Muller was called. "Are you an Irishman?" asked Mr. Lambertson, evidentally intending to air his knowledge of physiognomy. "Nah, I'm Yerman."

Further examination, which created a great deal of mirth, revealed the fact that the old fellow's speech and understanding were not such as to fit him for jury service and he was excused.

F. A. Warner was acquainted with Mr. Sheedy and had no scruples against the death penalty, but had a large hand-painted opinion from reading the papers; had no bias or prejudice, and thought he could render an impartial verdict on the evidence. He was invited not to remain by the defense, and slid out.

John Robertson of Panama precinct, a Scotchman, had never aired his opinions in the case or even had one to air, and had no scruples against the rope. Had not read the confession or the evidence and was passed for cause.

Defendant's thirty-first challenge liberated Joshua Pierson.

George E. Cox of four miles north of Lincoln had formed and expressed no opinion; had no scruples against the death penalty; had read the confession and had formed an opinion, but not a positive one. He had given credence to the confession, and was wanted no longer.

Fred Winch of Centerville precinct, a German had read Monday's story but didn't form any opinion; had no objections to hanging on circumstantial evidence. It took some fifteen minutes to get an answer to one question as to whether or not juror had any opinion as to whether or not what he read of the case was true. He finally admitted that he had had an opinion and was excused, after having kept the entire court room in an uproar by his bewildered looks and quaint replies.

Oscar Law of North Bluff precinct, a farmer, knew Sheedy by sight. Couldn't say whether he had formed or expressed an opinion concerning the guilt or innocence of the accused. He had read the confession and such opinion as he had was based upon it. He was excused.

William Reed had known Sheedy and had formed an opinion that the blow he received had hurried him along. He was excused.

Fred Hildebrand had read enough to form an opinion, although he had never read the confession. He was excused.

William Dullenty of North Bluff didn't favor capital punishment but favorited enforcement of the law, even though it involved it; had read the full details of the tragedy, but had formed no opinion of the defendants guilt or innocence. Juror said he was born in Wisconsin, but his parents were Irish.

"What is your religious belief?" "Well, I hain't much of a religious man, but my parents were born Catholic and I follow the same line."

When he read the confession he had thought there must be something in it but couldn't say that he had formed an opinion. Thought the confession partially true. Nothing had since occurred to convince him that it was entirely untrue. He could give the defendants a fair and impartial trial, but the court saw reasons for excusing him on defendants' challenge.

A. L. Jacoby, who lived ten miles northeast, had erected an opinion on the confession and was excused.

B. T. Tykes of North Bluff precinct had scruples against the death penalty which were more sympathetic than conscientious. He had formed an opinion and was excused.

It was then 4:17 and no more jurors were in court, so that it was found necessary to adjoutn until 9 a.m. on Monday.

During the day fifty-five men had been examined, increasing the number to [31?].

Judge Field was evidently [very?] [?] to adjourn without having completed the jury, all of the peremptory challenges having been exhausted [?] one on each side.

To-day will be a busy day for the attorneys in the case, although [?], and it is not unlikely that when court opens to-morrow the [?], nationality, religious belief and [?] of every man not yet examined will be known.

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THE ANTI-KIDNAPPERS

SANE PERSONS CONFINED IN ASYLUMS

Statement of the National Convention of Superindentents of Insane Denied

Lawyer Bach Asserts There are Hundreds of Cases of Unlawful Detention on Record

Pilot Dill and Supercargo Burch of the Itata Arrested- Suicide of a Private in the Army - Minor Mention

After them With a Vengence

New York, May 10. - The anti-kidnapping league's lawyer , Albert Bach, will to-morrow publish a card replying to the statement of the national convention of insane asylum superintendents at Washington, D.C. that no sane person has ever unlawfully been imprisoned in an insane asylum. Mr. Bach denounces the statement as false and ridiculous and cites the case of Miss Clarissa C. Lathrop author of "A Secret Institution and Miss Anna F. Dickinson both whom, he says are shown by the record to have been imprisoned without any legal authority and that of Mrs. Hartiette Beach, wife of the editor of the Scientific American, who has just been released from Bloomingdale asylum on a writ of habeas corpus obtained by the anti-kidnapping league and adjudged by the court to be entirely sane, as Miss Lothrop previously was.

Mr. Bach says hundreds of such cases are on record, that the league is in possession of the evidence that many persons are unlawfully confined in the very asylums whose superintendents deny that such a thing has ever happened and that they are investigating these cases He states that in another case the league has positively ascertained that the physician who cosigned the lady to an asylum certified that she was insane without ever having seen her and that the league has called the attention of the authorities to the matter and is working to have those physician indicted and punished.

The Itata Episode

SAN DIEGO, CAL, May 10. - Pilot Dill who took the Itata out of the harbor has been arrested at San Pedro. Supercargo Burch has also been taken into custody. He was arrested at Los Angeles and says he handed the arms, but declines to say at what point. It is thought this was done ar Catalini or San Clemente island. The United States steamer Omaha left harbor yesterday. Her commander received numerous cipher dispatches from the navy department. It is understood that these contained instructions to cruise around Coronado island and San Clemente and find out if possible where the Robert and Minnie met the Itata. Marshall Gard and his deputies left for the north last night.

San Francisco, May 10 - A morning paper is authority for the statements that the United States steamer Charleston sailed under sealed orders. Her commander, Captain Remry, received a long cipher dispatch late Friday night and a few hours later the Charleston put to sea. The vessel is coaled and provisioned for a long cruise and it is stated she has gone in pursuit of the Itata with the orders to capture her. The orders, if is understood are to keep up the pursuit until Admiral Brown is encountered in Chilean waters if the Itata is not fallen in with on the way.

Shot Her Brutal Husband

CHICAGO, ILL., May 10. - Last Friday Alfred Townsley was arrested at Austin a suburb of Chicago, on a charge of disorderly conduct and locked up in the police station. Yesterday Mrs. Townsley, his wife, called on him at the station, and after a brief conversation with him, drew a revolver and fired twice at him, both shots taking effect in the man's heart and instantly killing him. The cause of the shooting was Townsley's inhuman attempt to criminally assault his eighteen-year-old stepdaughter, Edne Townsley. Mrs. Townsley made no effort to escape and was immediately placed under arrest.

Ended in Death

DENVER, COL., May 10. - David J. Miles, a private of company C Seventh segment, U. S. A. suicided at Fort Logan today. He had been drinking hard for four or five days and was feeling unwell and went to the hospital for some medicine. While there he attacked two officers with a big pair of shears and ran them out of the hospital. After this he went to a medicine case snd taking a bottle of carbolic acid, he swallowed the contents and then, walking to his headquarters, he took up a rifle and shot himself, dying shortly afterward.

Mysterious Murder Case.

MILWAUKEE, WIS. May 10 - Henry Nulfus, an inmate of the soldiers' home way missed from that institution last evening. Shortly after noon to-day his body was found in Honey creek, about four miles from the home. -- Several deep gashes were found on his head and his hands and feet were tied with stout rope. It is supposed he was murdered then thrown into the creek. he was a member of company K. Twenty-eighth Ohio and was about fifty-five years of age. No motive for the crime is known.

Caused His Wife's Death.

PITTSBURG, May 10. -- James Stewart of Chartiersborough, murdered his wife, Mary, aged thirty, last night. Stewart came home drunk ar supper time. He terrified his wife with curses and when she tried to escape threw a burning lamp at her. The lamp struck her on the breast exploding and burning the woman so severely that she died this morning after a night of awful agony. Stewart was brought to Pittsburg and locked up.

THE FRAY TO BEGIN TO-DAY

IN THE INTERESTING SHEEDY CASE.

The Jury Will Probably be Completed and Sworn In Before Noon and the Trial Begun.

Some of the Rumors and Speculations Caught Flying Around Yesterday in Relation to Matters of Vital Interest.

Will the Confession be Admitted

The all-absorbing theme of popular inquiry and discourse, the great Sheedy murder case will be resumed at 9 0'clock to-day and the interest will doubtless increase from day to day henceforth throughout the trial, which promises to last for three weeks at the least. Only two peremptory challenges remain, and it is more than probable that the jury panel will be completed by noon to-day. Should this be the case the afternoon session will probably be devoted to the opening statements of attorneys for the respective sides, from which some idea of the anticipated lines of action may be derived.

All day yesterday and during the two nights intervening since the close of court Saturday afternoon the vigilant cohorts of the state have kept a watchful eye upon movements of people around the court house, where the jury was in charge of two bailiffs, as it was claimed that a scheme was on foot to tamper therewith. There were no outward evidences, however, of any such effort or design and those about the court house positively denied any reason to fear it, although the friends of the states' cause protested that they knew that a well known local character who enjoys some distinction as an alleged tamperer with juries has been very diligently trying to exercise his profession in connection with the case.

It is related that the former madame of a house of ill fame in this city told an acquaintance on Saturday of some facts of her own knowledge in connection with Mrs. Sheedy's past life in Lincolm, and the friend communicated the same at once to one of the attorneys for the prosecution. How the knowledge got any further does not appear. Saturday evening some one unknown to her telephoned her that she had better keep her mouth closed in relation to Mrs. Sheedy or she would get into trouble. She was unable to ascertain from whom the threatening message came. The information which the woman had communicated was not of special importance , being simply in reference to Mrs. Sheedy's tendency to visit at houses of prostitution prior to marriage to John Sheedy. While this woman is not likely to be called as a witness in the case, still the incident is of interest as smacking of intimidation.

The chief topic of interest in connection with the case is Monday McFarland's confession and the probability of its admission as evidence. The defense claims that it was obtained by rank intimidation and promises of immunity and there is some foundation for this claim as to the story, Monday told Mayor Graham and the officers soon after his arrest. The defense expects to show the stenographer's report of that confession that one of Monday's inquisitors brought out the confession by the following argument: "I think you had better, for your own good, if you want to save your own life, to show this thing up. You have told enough already now in this matter to satisfy us who killed him. Now you can turn states evidence , and in all probability they will let you off with your life. That is my opinion. It will undoubtedly be much easier for you , anyhow, to associate the others that are more guilty than yourself in this matter.

The defense claims that when this was said an effort was being systematically made to impress Monday with the belief and fear that a mob was outside clamoring to get at him and that under the influence of the fear of that mob and his hopes of immunity he told the story reported at the time exclusively in THE JOURNAL.

The state claims to be prepared to deny and disprove the assertion that Monday was led into the confession by any threats or promises of immunity and contends that even were the above claims of the defense true in relation to the confession it would have no bearing upon the second confession made before the coroner's jury which is said to identical with the first story he told.

Another question that arouses considerable speculation is as to whether or no Monday's confession can be used as evidence against Mrs. Sheedy. It is claimed that as the court's in the informantion charging conspiracy have been quashed. Monday's confession will, under the law, weigh against himself, but that remains yet to be seen from the rulings and instructions of the court. Certain it is that, whatever may be the instructions of the court as to law, if that confession is ever given to the jury, it will be a difficult feat of imagination for them to conclude that the story is true only so far as it relates to the acts of Monday, and that even though it may be true as to Mrs. Sheddy they may not be permitted to consider it as against her.

It may be inferred from the replies of the 20 or more members of the several panels summoned as jurors, who had read the confession in the newspapers, that that confession found credence in the minds of to say the least, a great many who read it. There is no reason to doubt that it will have a similar effect upon the twelve jurors to whom it may be submitted.

The general impression appears to be that the confession will go in as part of the testimony. Whether or not the state has many more substantial and convincing corroborative testimony remains to be seen, but it is claimed that it has testimony which it has zealously guarded from the public for fear it might be gotten out of the way are the date of the trial relied around.