151
WILL BAIL BE ALLOWED?
Mrs. Sheedys Health said so be Undermanned by Prison Life
It is reported that prison life is rapidly undermining Mrs. Sheedy's health. She is suffering with a complaint of such's peculiar order that treatment is impossible at the jail. It is not liable to prove fatal bat It will shatter her health f not properly treated.
County Attorney Snell had not filed his brief with Judge Field up until noon but will do so this afternoon. He will not enter into a very extended argument on the merits of the motion but will simply cite authorities disputing the propositions advanced by Mrs. Sheedy's attorneys in favor of admitting her to ball.
The belief among attorneys and court officials la that she will be admitted to ball. Her bad health has also influenced public sentiment and so far as the News can learn there is a general belief that she should be admitted to ball.
Mrs. Sheedy has commenced suit in Justice Brown's court against James C. McHaffe; landlord of the Mack hotel. Mrs. Sheedy declares that McHaffe has net paid the rent for the use of the hotel for two months and that there is now due $400. She declares she needs the money and has to carry the matter into the courts to collect it. The matter will be considered by Judge Brown on Friday, March 18th.
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Mrs. Sheedy Case
The motion to admit Mrs. Sheedy to ball came up in district court this morning, and the application was refused following is the judge's entry: "It appears that information has been filed against the defendant, the application is refused. Defendant excepts" Mrs. Sheedy has filed an affidavit and motion in county court for reasonable allowance, so that she may be able to devote something to proving her innocence, which she avers. The estate is represented by F. M. Hall, for John Fitzgerald, and Stearns & Strode for her, in this matter.
There appears to be a race between the prosecution and defense to see which can secure Attorney Zink's release first. This morning the defense drew up papers for application to Judges Field for a writ of habeas corpus to release Zink, but they didn't have the money to whack up that time. The writ was to be asked for on the ground that there was a flaw in the commitment. In the meanwhile the prosecution telephoned to the court to dismiss the case, and release Zink was simply acting as agent for Mrs. Bossler a widow in Nauvoo III., and as there had been no settlement of accounts, it would be different to make a charge of embezzlement tic, which probably occasioned the charge of mind of the prosecution
153
The Information Filed
County Attorney Snell filed this morning in the district court, information charging Monday McFarland and Mrs. Mary Sheedy, with murder is the first degree and accessory before the fact. There are six counts in all heavily laden with legal verbiage and consume about a dozen pages of typewritten copy. The counts practically are as follows: First - Monday Mcfarland and Mrs. Sheedy are charged worth conspiring to combine, confederating and agreeing together to unlawfully, knowingly, purposely and feloniously and with deliberate and premeditated malice to kill and murder John Sheedy, by an assault with a can, and that afterward four grains of morphine were administered. Second - Mc Farland is charged with making an assault with a cane, and Mrs. Sheedy with aiding, abetting and procuring him to poison John Sheedy. Third - This count charges McFarland with an assault with a cane, and Mrs. Sheedy with aiding, abetting and procuring him to do so. Fourth - That is some manner unknown, four grains of morphine were administered to John Sheedy, and McFarland is charged with aiding, abetting and procuring Mrs. Sheedy to administer the name to John Sheedy. Sixth - This count charges that John Sheedy came to his death by a blow from a Cane and that McFarland and Mrs, Sheedy and that both of the accused were principals in committing the assault. It is stated that Judge Field informed the prosecuting attorneys that if the Information was not flied this afternoon he should admit Mrs. Sheedy to bail. The filing of the information, however, does not preclude her admission to bail if the court is convinced that the proof is not evident nor the presumption too great. Mr. Strode says that Mrs. -Sheedy has lost thirty-one pounds of flesh since her imprisonment.
154
NEBRASKA. THURSDAY, MARCH 26, 1891
[???] all right!" Only skipped out with about $5,000 boodle money. He is one of our "wishy, washy" politicians. Like all the rest of the sore heads of who have been seeking office for the last ten years. He hasn't stamina enough.
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The Democratic Convention.
The city convention of the democrats was held Saturday evening in Fitzgerald's hall, and the following ticket placed in nomincation:
Mayor--John H. Ames. City Treasureer--E. A. Cooley. City Clerk--W. H. Love. Excise board--E. H. Andrus, Jas. Kelly and F. H. Bohanan. School board--Mrs. S. C. Upton, Miss Phoebe Elliott and T. B. Davis. City Attorney--W. L. Cundiff. Board of public works--Eugene Woerner, Thos. Heelan and D. T. Huff. Cemetery trustee--John McManigal. Councilmen--First ward, James A. O'Shea; Second, Joseph Wittmann; Third, T. L. Hall; Fourth, Austin Humphrey; Fifth, R. P. R. Millar; Sixth, Ralph Whited; Seventh, D. D. Sullivan.
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TUESDAY
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Chas. W. White, the 15 year-old kid who is charged with grand larceny and burglary, was sent to the reform school this morning by Judge Stewart. The complaint was made by A. G. Hastings, who charged the boy with growing up in medicancy for want of parental care. TThe boy's father, John W. White, consented to the boy's being sent. White is a thoroughly bad boy.
John Ernst's note of $300 given to G. H. Neimann of Hickman is having a lively time of it in the courts. First Neimann's creditors attempted to attach it, but found that Neimann had assigned it to his wife in payment of money borrowed of her before in their marriage. They then garnished her, and she was ordered to hand it into court. Now Dolan, Drury & Co., creditors of Neimann, bring suit to recover on it.
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A Citizens' Ticket.
There are four tickets in the field. and yet some folks are not content, but attempting to bring out another. To this some object, and they seek to settle upon a candidate for mayor among those already nominated, one on whom they can unite, and who will draw from the republican malcontents.
One wants Briscoe and Ames withdrawn and Wier to be the standard bearer; another asks the retirement of Wier and Ames, leaving the field to Briscoe; still another thinks Ames should lead the united forces.
So far they have been unable to bring order out of confusion, and all is dark and chaotic. In this, however, they agree--anything to beat the republicans.
They have lacked leadership, or it may be had too many leaders, all pulling in different directions, and could not unite the various elements into a homogenous mass or decide upon a plan of action.
It is now too late to bring any stronly opposing force against the republican ticket, and its success is assured. There will be some squirming and bolting, as there always is, but Alexander will come in with a handsome majority, with the other candidates not far behind him
Since the above was written, a meeting of thedissatisfied ones has been held in the office of Lewis & Lewis, and a full ticket has been nominated, embracingn democrats and republicans.
Following is the ticket nominated:
For Mayor- A. H. Wier.
For Treasurer- E. B. Stephenson.
For Clerk- D. C. Van Duyn.
For School Board- S. D. Cox. Miss Elliott. Mrs. [Upson?].
For Excise Board- John Doolittle H. J. Whitmore.
For Aldermen- First ward--N.C. Brock. Second ward--J. Wittman. Third ward--Dr. Chapman. Fourth ward--A. Humphrey. Fifth ward--R. P. R. Millar. Sixth ward--W. W. Robb. Seventh ward--F. C. Smith.
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Binger's Bad Break.
The indications are that Fred Binger is in a pretty bad boat because of the assault upon old Peter Benson the other night. County Attorney Snell and Detective Malone went down to Benson's place yesterday afternoon, and secured his affidavit in the matter. Benson's story is that Binger and several others came in there Saturday night. They had been drinking, and finally Binger assaulted him, knocked him down, and then jumped on him. Benson's face is swollen beyond recognition, his left side is also terribly swollen and sore, while the left leg is broken in two places below the knee, while the ankle is out of place; Dr. Everett attended the man's injuries, and the charge against Binger will probably be changed to assault with intent to kill. Binger still sticks to his denial of the assault.
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THE SHEEDY CASE.
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The prosecution is Ready and Willing to Go to Trial Now.
The attorneys for the defense in the Sheedy case have apparently exhausted the legal expedients to secure the discharge of their clients without going to a trial, and it is probable that in a few weeks the trial may be had. A NEWS reporter ran across Detective Malone this morning, and in response to a question as to how the state felt as to its making a case, the officer expressed himself as sanguine that they had evidence enough to substantiate the charge they have brought. The admission of the confession of Monday McFarland before the jury will of course be the principal point fought over, and the opinion of good lawyers seems to be that it will be allowed to be repeated. Several newspapers have characterized the confession of McFarland as utterly improbably, while others contend that an ignorant fellow like McFarland could not make up such a story and tell it a half dozen times without putting his foot in it, were it untrue. The state has devoted itself to backing up MacFarland's confession, and have a score or more of witnesses to corroborate various points in his confession, as to his whereabouts, actions, etc., and have an almost perfect web woven. There will be several surprises when the case comes up for trial, particularly in the matter of attorneys for the prosecution, two of the best lawyers in the state having been secured to aid the state.
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The Senate--Yesterday Afternoon.
Shortly after o'clock last evening the seventy-three hour deadlock indulged in by Nebraska's senate was suddenly and unexpectedly ended. Senator Shumway, a republican, rose in his seat, and moved that the call of the house be dispensed with, prefacing the motion with the statement that he did not believe Taylor would ever return. Only four members Mattes, Christofferson, Collins and Thomas, objectified, and the deadlock was at an end.
On motion the reading of the Newberry bill was then continued. The senators who had changed their minds regarding the maintenance of the dead lock were Crown of Washington, Eggieston and Moore of Lancaster, Schram of Butler, Shumway of Dixon, Starbuck of Thayler, Van Housen of Celfax, Wilson of Dawes and Woods of Pawnee.
During the reading the independents talked ovre their success and their features were wreathed in smiles. The men who had abandoned the deadlock were gloomy, and those who had voted to maintain were sullen and defiant. The gallery rapidly filled with partisan spectators, and the lobby became thronged with excited and jubilant members of the house.
The last line of the voluminous bill having been read, the chair repeated the formal proclamation of the bill having been read on three separate days, etc., and announced that it was now on its passage. The vote was as follows:
Yeas--Beck, Brown, Day, Dysart, Hill, Horn, Keiper, Koontz, Michener, Poynter, Randall, Sanders, Schram, Shumway, Smith, Starbuck, Stevens, Turner, Van Housen, Warner, Williams, Wilson, Woods--23.
Nays--Christofferson, Collins, Eggieston, Mattes, Moore, Switzler, Thomas--7.
Absent--Coulter, Shea, Taylor--3.
The bill having received a constitutional majority, was declared passed. The announcement was greeted with cheers in the gallery, which were promptly suppressed.
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The House--Yesterday Afternoon.
The house is in the afternoon went into committee of the whole for consideration of bills upon general file. Church Howe was called to the chair.
House roll 381 was read and the enacting clause was stricken out.
House roll 287 was served in the same manner.
House roll 234, a bill introduced by Felker to recompense one Julius Grosgeans, a warden of the penitentiary, for a gun shot wound received while in discharge of duty, was recommended to pass in the sum of $1,000.
House roll 532, the Hastings "insane" bill, was next read, and a motion recommending that the amount named, $75,000, be appropriated for the enlargement and support of the asylum was discussed. It was recommended that $30,000 be appropriated for each wing and $15,000 for for furnishing them.
House roll 338, relating to survey of lands by county surveyors, came up and the enacting clause was stricken out.
House roll 198, relating to the title of real estate acquired from the state, was treated likewise.
House roll 326, a bill providing for a matron at police headquarters in cities of 8,000 inhabitants or over, was amended to read 15,000 instead of 8,000, and was recommended for passage.
House roll 305, a substitute for Howe's chattel mortgage bill, was ordered to pass.
House roll 315, providing for the punishment of parties who illegally vote at village or city elections, came up. It being learned that a similar bill had been passed and was now in the hand of the senate, the bill was withdrawn.
House roll 374, introduced by Cornish, a bill to correct a plat of one of the streets of Lincoln, was reported for passage.
House roll 199, relating to the school law of the Omaha charter was ordered to pass.
House roll 252, by Van Deventer, prohibiting county treasurers from receiving any fee or commission from any money turned over to him from any township or city treasureer, was recommended for passage.
H. R. 413, authorizing Gen. Colby of Beatrice to publish statutes and regulating the price therefor, was amended and ordered to pass.
H. R. 197, asking for an appropriation of $75,000 for erecting and furnishing an addition to the feeble minded institute at Beatrice, was amended to read $40,000, and was later amended to read $40,000 and insert $25,000 whereever $40,000 occurs in the bill. Brennan offered an amendment that the work whould be done by the days' work under the supervision of the board of public lands and buildings. The bill was recommended for passage.
House roll 507 was called up and Shrader moved the substitution of house roll 432. These were the same bills over which the controversy of the morning arose. The chair ruled that house roll
155
District Court Doings.
Judge Field heard arguments this morning on the motion to quash the first and second counts of the indictment against Monday McFarland and Mrs. Sheedy on the ground that they charged crimes on which defendants had no preliminary examination. The motion was overruled.
In the case of the state of Nebraska against Monday McFarland and Mary Sheedy, the defendants this morning fled a plea in abatement to the first and second counts of the information, and bases the same upon the fact that the first count charges that Monday McFarland and Mary Sheedy, purposely, wickedly and maliciously conspired, combined and confederated together, for the purpose of killing and murdering of John Sheedy, when the original complaint under which the defendants had their preliminary examination, only charged that they killed and murdered John Sheedy and did not charge criminal conspiracy, and because the exmaining magistrate did not conduct any preliminary examination on the charge of criminal conspiracy, and that the defendant has not waived such examination. The defense immediately fled a demurrer to the plea, alleging that it did not constitute a defense. The demurrer was sustained, and the plea knocked out. McFarland's attorney filed a demurrer to the first and second county, practically the same as above. In the case of John Weihe against the Vitrified Paving and Pressed Brick company, the defendant filed an answer, admitting that on October 14, 1889, plaintiff was scalded on the left leg and right hand while at work for them, but alleges that on December 19, 1889, Weihe entered into an agreement with them whereby he as to receive full compensation for all injuries sustained by him by the payment by the defendant of certain sums of money and the guaranty of employment all the year 1890. The defendant also claims the while he was disabled he received his wages regularly, the same as though he had been at work, and that full settlement has been made for all claims he may have had against the defendant.
The jury in the damage case of young John L. Melchert vs. Fred Wohlenberg, for damages for injuries caused by defendant kicking plaintiff, gave the young fellow a verdict for $2,000.
In the case of David Butler Lincoln Breed against David Butler and John B. Wright, Butler this morning filed an answer admitting that in a rash moment he had agreed to donate a certain lot to the first male child born in the city of Lincoln, in case said child would take his name and that of the furture great city. He says that the writing was whollp voluntary and without consideration. He denies that plaintiff ever paid the sum of one collar or any other sum for said lot or has he ever entered into its possession or made any improvements thereon. That no benefit of any kind has ever accrued to this defendant and he wants it dismissed against him.
The jury was charged once more this morning. A number were excused, but up until noon the following had been selected; W. A. Cadman, John Stevenson, G. H. Ashman, W. M. Benton, A. T. Cooper, G. N. Freeman, A. M. Freeman, J. R. C. Miller, Wm. Dunlevy, W. B. Ferguson, I. N. Leonard, J. D. Woods, Chas. Goodspeed, Thos. McNeill, John Kucera, J. M. Bartscherer, B. S. Colyer.