Gilded Age Newspaper Articles

JURORS WHO WILL THINK.

They Are Not Wanted for the Sheedy Murder Trial.

OTHERS ARE RATHER HARD TO FIND.

No Prospects of Scouring a Jury This Week--Errors is the Law--Other State News.

LINCOLN, Neb., May 7.--[Special Telegram to THE BEE.]--The fourth day of the Sheedy murder case has been a repetition of the other days--the examination of jurors as to their competency. The few men left on the first panel of 150 jurors confessed to having rallied with the evidence or the alleged [confusion?] of Monday McFarland. This had established in their minds an opinion which would require considerable evidence to remove; and they were accordingly challenged and let out.

Following the exhaustion of the first special panel the clerk began calling the names of those citizens who had been summoned on the second panel. Thereupon Strode jumped out and entered a lengthy protest against the manner in which the venire had been drawn. He insisted that the county commissioners had not chosen the veniremen in the proportion established by law, in that a larger number were drawn from some precincts and a less number from others than provided by the statute. He also objected to the second special panels because the members had been summoned by registered letter. Both objections were overruled and exceptions noted. At this point Judge Field remarked, as there was slight prospect of completing the jury panel before Saturday morning, that all witnesses summoned to appear at bar would be excused from further attendance until that time.

The candor and rugged honesty of a man named Taylor brought to the stand claims admiration. He state that he had formed a decided opinion, the result of reading the newspaper and canvassing the crime with neighbors.

"Could you," asked Mr. Hall, who was examining him, "notwithstanding the opinion render an impartial verdict, after bearing the verdict?"

"I might."

"Are you sure?"

"I can't say. At present I believe both defendants guilty and it would require evidence to convince me to the contrary."

Mrs. Sheedy whose bearing had been of the confident order, dropped her eyes and a shade of annoyance passed over her fact. The witness was excused. At 3 o'clock this afternoon the defense had exercised fourteen and the defense seven peremptory challenges.

The delay in getting a satisfactory jury is largely due to the tangled condition of the existing law. Several sections thought to have been repeated by the last legislature are being found to have been overlooked and therefore are in force. The compiled statutes of Nebraska 1881 was revised in 1885 and when so revised contained the amendments made in 1885 and when so revised contained the amendments made in 1882, 1883, and 1885. In the revision of 1885 is found section 408, page 838. The statutes of the state were again compiled by Brown and Wheeler in 1889 and that compilation on page 951 contains section 669 L. Now both of these sections provide for causes of challenge to jurors. On the first day examination of jurors in the Sheedy murder came Judge Fred was governed by section 667 L in the revision of 1889, which by the mistake of compilers omitted section 486 of the revision of 1885, although in force Judge Field on the evening [?] the first day discovered this omission and finding both section in force, on the second day excused four jurors selected on the first day, who he found, on examination of their evidence, had founded their opinions on reading reports of testimony taken at the coroner's inquiry and on the preliminary examination. It seems that section 669 L does not diminish the [?] of challenge of jurors, but enlarges them, therefore it follows that many jurors who could qualify under either section cannot qualify when all the causes are inquired of under both sections. Hence the necessity to call into the jury panel so many jurors.

SHEEDY MURDER TRIAL BEGUN

Monday McFarland and Mrs. Sheedy Brought into Court.

THE WOMAN'S WONDERFUL COMPOSURE.

She Appears Unconcerned and the Negro Indifferent---The First Day Consumed in Examining Jurors---Nine Chosen.

LINCOLN, Neb., May 4---[Special Telegram to THE BEE.]---Today the great Sheedy murder trial began, and up to the adjournment of the court shortly before 6 o'clock but little had been done. When Judge Field announced the case the bailiff hurried from the room and in a few minutes appeared on the scene accompanied by Monday McFarland, the negro who, with Mrs. Sheedy, is charged with being one of the principals in the murder of John Sheedy. The prisoner looked well fed and in better flesh than he was when he was consigned to jail to await his trial. He wore a light gray suit and a scrupulously clean white collar that set off his ebony complexion. On being brought into the court room he affected an indifferent air, and glanced neither to the right nor left. On taking a seat near Billingsley and Philpot, the lawyers appointed to defend him, he dropped his nonchalance and grinned as though the subsequent proceedings were to be a comical farce instead of a trial that may end in his being sentenced to death.

Shortly after the negro took his seat Mrs. Sheedy was brought in. She wore the conventional colors of all women under such a charge, black, which color became her well. She was accompanied by her two sisters, Mrs. Dean of Lincoln, Mrs. Morgan of San Diego, Cal., and J. W. Biggerstaff of Boise City, Idaho. Mrs. Sheedy's attire was facltless in every detail. There was nothing in Mrs. Sheedy's facial expression, however, in harmony with the mourning robes she wore. There was no trace of sorrow or apprehension for the future. The cold, keen black eyes flashed out defiance, the same as they had the evening of her arrest. At times she smiled and chatted almost gayly with her attorneys.

When Mrs. Sheedy took her seat the clerk proceeded to summon a jury. Twelve men were quickly called. Each juror was closely questioned with reference to his ideas relative to capital punishment or determined opinions and knowledge of the crime as gained from newspapers or hearsay reports, etc. The selection of the jury as it slowly progressed was watched with keen interest by all save the fair defendant, who displayed a wonderful composure. Her manner, while not calculated to unduly impress an opinion of innocence, was rather of a negative character and set to prejudice the mind either way. Her beauty, so much raved about during the preliminary examination, proves to have been largely over-estimated. It is not of the intellectual or demure kind but is more of the animal order. Her face indicates vindictiveness but not strength, while her eyes, though dark and lustrous, convey an idea of cunning rather than condor or confidence. Long confinement has bleached her face and she is now unnaturally plate, rendered strikingly so by contrast with her dark bonnet, veil and dress.

The day was consumed by the attorneys in examining jurors, and nine out of eighteen candidates were delivered over the bailiff. It is not sure, however, that the nine will be retained. The attorneys fro McFarland still refuse to allow the negro to go on the stand and allege that THE BEE has been brined to call public attention to this fact.

STILL LOOKING FOR A JURY.

Little Program Made in the Sheedy Murder Case.

FIRST PANEL OF JURORS EXHAUSTED.

Grading for a New Railroad--Paying the Indians--Robbed an Injured Man--Other State News.

LINCOLN, Neb., May 6.--[Special to THE BEE.]--The third day of the Sheedy murder trial has passed and no jury yet. The monotony of the proceedings had the effect of thinning the audience, but this afternoon there was a sprinkling of ladies among the spectators for the first time. Mrs. Sheedy was accompanied by her two sisters, sitting between them as on previous days, and in entering and leaving the court room she leaned upon the arm of her uncle, J. W. Biggerstaff, of Boise City, Idaho, who has come on to give her the benefit of his wealth and friendship. The fair prisoner's composure, which has been the subject of so much remark, was disturbed this morning. Her feelings mastered her will and several times she applied a handkerchief to her eyes to wipe away the silent tears. She made no audible demonstration, and her demeanor otherwise was so quiet and demure as to disarm criticism and comment.

After several gentlemen had failed to pass the gauntlet of questions by the opposing attorneys this morning the jury box was filled for the first time by the selection of S. A. Grover, a Bennett barber, as the twelfth man. Peremptory challenging being then in order the prosecution claimed the right to make twelve challenges. The court overruled the motion and allowed the state six challenges and each of the two defendants sixteen.

Jurer Ring was excused by the defense and James Hurdman was selected to take his place. Juror Doyle gave way to John Kifflo, and later in the day Mr. Kimin resigned his scat to J. F. Chandler. I. L. Lyman, ex-water commissioner, was asked to step aside and was succeeded by Peter Peterson, a laborer of dull comprehension and a Swedish accent. S. S. Griffin was excused and E. J. Rogers succeeded him. L. L. Corey, made way for George Albright, David Hettrick for J. C. Jensen and A. P. Martin for A. Vermaas.

The day passed without anything of a sensational nature. Even the opposing lawyers failed to lighten the monotony by a passage at arms, but the counsel relieved each other by alternating in the monotonous quizzing. Among the jurymen let out on a peremptory challenge was one who had been convicted of murder in Wisconsin, but the verdict was afterwards reversed.

Grading for a New Road.

HARTINGTON, Neb., May 6--[Special Telegram to THE BEE.]--Graders have commenced work on the extension of the Chicago, St. Paul, Minneapolis & Omana at Bloomfield. They follow the line recently located by the surveying corps that has been [?] the field there, but whether it is for a local spur or permanent extension cannot be learned. Contractors say that instructions from the railroad company are to grade one mile only and as the survey to either Yankton or Niobrara would take the same course for this distance, the commencement of work would not interrupt or interfere with negotiations. The reported activity of Sioux City de Northwestern surveyors, a new road that is seeking the same route to the Black Hills country, is given as the reason for this precipitate rush of actual work on the Bloomfield line. If this is true the work commenced is that a permanent extension, but the secret is well guarded. It is certain that local railroad officials know nothing of the real intent of the railway company's purpose. Interested individuals in competing towns, Yankton and Niborara, are equally ignorant and both cities are in a fever of painful suspense awaiting future developments.

STILL EXAMING JURORS.

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

PRIVATE INTERVIEWS WITH CLIENTS.

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

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

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

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

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

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

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

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

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

GETTING READY FOR TRIAL

Probabilities That a Sheedy Jury Will Be Secured Today

HUTCHINSON'S VICTIM STILL ALIVE.

Doctors Say She Cannot Live Much Longer- Viola Mills Fights for Her Rights- Lincoln Notes

LINCOLN, Neb, May 10. [Special to THE BEE]- It is deemed highly probable that by noon tomorrow a jury will be secured in the Sheedy murder case and that the taking of testimony will begin. There are already eleven jurors selected, and the defense and prosecution each only has one preliminary challenge. As the jurymen have been chosen ar the rate of about two per day, it is thought that another half day is all that will be necessary to fill the jury box.

The main topic discussed today on the streets and in the hotels is the action of Billingaley yesterday in preliminary challenging Joe Carter, the negro, passed by both sides into the jury box. The fact that Mrs.Sheedy was the first to take alarm , and that not her attorney, but Billingsley, the course for McFarland challenged the juror gives strength to the hints of conspiracy to sacrifice the negro to save Mrs.Sheedy. The action of Billingsley is further regarded with surprise for the reason that only the day before he had complained in the presence of the newspaper reporters that there were no colored men on the jury.

Only yesterday Judge Field warned the attorneys on the part of the prosecution to look out as the way things were shaping themselves there might not be a proper and fair verdict.

Detective Jim Malone, who unravelled the mystery of the murder and arrested McFarland and Mrs. Sheedy for the crime, is greatly put out over the persistent action of ex-captain Carer in prompting the negro Malone says:

"Carder is not satisfied with having attempted to help McFarland from making any confession after being arrested, but night before last he had a private interview with the darkey. Carder, I am positive, is influenced by jealous motives and is endeavoring to help clear the criminals just to spite me. I made a very strong kick to Justice Field about Carder, and I don't think the captain will get the chance to plug the captain anymore. He is no doubt working in harmony with Billingsly to keep the darkey off the witness stand. Now, I propose to drop what other work I have and camp by this case. It doesn't signify because I am no longer on the police forcethat I propose to let these criminals escape,"

Monday McFarland's mother in White Cloud, Kan., got wind of the rumors and sent an attorney named R. M. McWillia,s from that place to defend her son.