Gilded Age Newspaper Articles

FINALLY SECURED A JURY

Examination of Sheedy Witnesses to Commence To-day

ONE JURYMAN CHARGED WITH PERJURY.

A. B. Nortan Wanted to Be on the [?] for the Money There was in It - Sensation in Court- Peculiar Action of Attorneys.

LINCOLN, Neb, May 11.- [Special to THE BEE.]- A jury has finally been chosen to pass upon the evidence concerning the guilt of innocence pf Mrs.Sheedy and Monday McFarland, who are on trial, charged with the murder of John Sheedy.

The twelve jurymen are: James Van Camper, George Albrecht, J. C. Jensen, Jacob Clay, Ulbert Ward, Henry L. Willis, Ed Young, John Robertson, C. S. Cadwallader, Luther Batten, James Johnson and Thomas Riley. The twelve are not a very inteeligent looking lot of men. but in the main they have the appearance of individuals who are willing to act according to reason and justice.

The greatest sensation thus far in connection with the trial was the arrest of A. B. Nortan, one of the jurors selected on the charge of perjury, in declaring that he had not expressed any opinion in regard to the innocence or guilt of the prisoners. Nortan is now in the county jail awaiting trail.

The first intimation that something was up was when the prosecution shortly before noon passed its last peremptory for the me being and Strode, Mrs. Sheedy;s attorney, rushed over to Mr.Lambertson, who represents Dennis Sheedy, and the two left the court room for a brief conference.

On returning Lambertson was about to address the court when Strode arose and asked that Lamberson's motion be reduced to writing and that the jury be excluded during its discussion.

The first motion was denied, but the one concerning the exclusion of the jury was granted. The eleven jurors were then placed in the custody of the balliff and sent out of court.

Arising to address the court, Mr. Lambertsonsaid: " If it please your honor , I am about to bring to your attention a matter of which you may have recieved a intimation, but the details of which is my unpleasant duty to bring more fully to your knowledge. We have reason to believe and hope to present to the satisfaction of the court, that our reasons are sufficient for aprehending that there is now on the jury a man who has denied upon the stand only an hour ago that he had read a full report of the evidence given at the preliminary examination of the prisioners ar the bar, and who also disavowed having formed or expressed any opinion relative to their guilt or innocence. His positive answers to questions asked gave us no opportuninty to challenge him for cause, and he was passed and accepted by the court. This man A. B. Nortan. I now wish to read an affidavit showing that he has on several occasions formed and expressed an opinion on one of the defendants. After Nortan had taken a seat in the jury box we received six affidavits from reputable citizens detailing declarations made by Nortan, after reading full accounts of the evidence given at the preliminary hearing as printed in THE OMAHA BEE, at which Nortan read in their entirety at O'Brien's store in Davey. The first affidavit is the sworn statement of W. A. Carbell who swears that Nortan was in the habit of coming over to his office in Davey and reading accounts of preliminary examination as published in THE BEE. The next affidavit is that of Pat Geary, who makes oath to the same state of facts, and further says that Nortan had exclaimed after reading one of the accounting THE OMAHA BEE: "Oh h-l, the woman will get clear and the nigger will hang." James O'Brien, proprietor of a store at Davey also swears as shown by his affidavit which I hold in hand that Nortan remarked: "The d--d nigger ought to be hung" and had further announced his attention of getting on the jury. If possible, as he believed there was $300 in the case, and there would be an opportunity to make some money. He said the Sheedys were rich and would give up big money for a favorable verdict.

"R.B. Crawford, another resident as Savey, had overheard Nortan express similar sentiments and was Impressed with a conviction that Nortan would, if given the opportunity, not hesitate to make his verdict a subject of financial negotiations. Intimation of Nortan's intention first reached the course for the state last Saturday evening, and though we were compelled to violate the Sabbath to ascertain the facts, we did not hesitate and worked all day yesterday unearthing the infamy. It may appear singular that counsel for prosecution should intercede to bring about the removal od this evidently corrupt juror because the case from our standpoint is not prejudiced against us. The danger applys to Monday McFarland, whom we shall endeavor to convict, but counsel for the state does not desire unfair advantage, especially when to attain such advantages involves corruption of the jury. We fully informed counsel for defense of the discovery we had made and submitted the affidavits just read to their inspections. They refused to consent to the removal of Nortan unless we agreed to grant them an additional challenge.. This refused and as a last resort we were compelled to bring the matter to the attention of the court and to make it a matter of record."

The speech created a profound sensation. The defense finally gave in but insisted on another preliminary challenge in case Nortan was ejected from the jury box. The court finally granted the privilege. His honor then ordered the county attorney to examine the affidavits and in case they were all right to file an information against Nortan charging him with perjury. The affidavits were examined, found all right and Nortan was placed under arrest.

The examination of witnesses commences tomorrow.

TESTIMONY FOR MRS. SHEEDY ----- Dr. Hart Thinks Death Besulted from Concussion of the Brain.

THEORY ABOUT MORRHINE POISONING. -----

Legal Battle Over the Question of Ad mitting McFarland's Confession as Evidence-- Victory for the Defense.

Lincoln, Neb May 12---[Special to THE BEE]---The great Sheedy murder trail comenced in earnest this morning, the preceding seven day having been devoted to the empaneling of a jury. There was not as large a crowd in attendance this morning as was expected, for reason that the judge ordered the doors closed to prevent the passing in and out of persons during the examination of witnesess. Consequently many who came late left again on finding the doors locked. At the usual hour Mrs. Sheedy was brought in by the sheriff and was attended by her three sisters and wealthy uncle, Colonel Biggerstaff. Monday McFarland, The negro who claims to be Mrs. Sheedy's tool, was brought in a few later by th jailer. The appearance of the prisoners as usual created considerable of a stir. Mrs. Sheedy wore the same hardened expression that has characterised her thus far, and throughout the day one would look in vain for a softening of stony face into an expression of any kind indicating kindness, sympathy, fear or regret. Had her face been carved out of marble her expression could not have been more immovable. There was a general carning of necks when Dr. Hart, the first witness. was put on the stand. After the usual preliminary questions, the docctor related how he heard the shots when near Eleventh and P and hastened to the place. On reaching the Sheedy home he found the wounded man occupying a chair just inside the bedroom and attended by Dr. Everett. An examination of the wound was made. The wound was dressed. Before leaving Dr. Everett suggested that an opiate be given. Hart objected, becouse he had noticed on a previous occasion when called to attend Sheedy that opiates exerted an un-favorable effect upon him. The doctor then related how he secured sulphonal to give to the patient. The doctor then conitnued: "Sheedy threw up the sulphonal. I left about 10:30. I left then to get a hypodermiq syringe. I got two quarter grain doeses of morphine at a drug store. There are no narcotic effects in sulphonal. About the largest dose of sulphonal I ever administered was about forty grains. About sixty grain is the maximum dose and three to five grains the minimum. I returned to the Sheedy residence about 11 o'clock. Sheedy's condition was about the same. He was restless. About 1 o'clock I prescribed a third dose of sulphonal for Mr. Sheedy. It was administered by Mrs. Sheedy. She gave it to him in a cup of coffee, put the drug in it and gave it to her husband. I was about six or eight feet away from Mrs. Sheedy when she administered the dose. I remained in the house until 8 o'clock in the morning. I turned the lights down in Mr. Sheedy's room so that he could sleep. abd eat in the sitting room. Nothing was said about the shooting by either Mrs. Sheedy or myself. When I heard the shooting I was at the corner of Eleventh and P. I heard five shots. About 4 a. m. I noticed a peculiar breathing in the bedroom. Young Dennis Sheedy called my attention to it. I was dozing at the time. I thought as first that it was a snore, but on listening discovered that it was labored breathing. I went and found that he was unconscious. He was breathing about five or six times to the minuts. Eighteen times per minute is the normal condition. His pulse was 140. A normal pluse is 75 to 80. His puplls were [?] His body was paralyzed on both sides. His temperature was 100. The normal temperature is 98. My opinion was that there was a hemorrhage at the base of the brain caused by the blow. The Sulphonal could have caused it, I gave him no morphine. I attempted to give him some whisky, but he could not swallow it as the muscles of the throat were paralzed. He could hear or see or feel. I remarked that symptoms indicated danger. I went after Dr. Everett who lived just across the way. Dr. Everett came over and made an examination. Neither of us could do anything for him. My belief is that the death of John Sheedy was caused by the effects of the blow on the head causing concussion. A number of physicians were called in. Their opinion of the case was same as my own. I recognized afterwards that there were symptoms which might be those of morphine, such as heavy breathing, profound slupor and paralysis pg the muscles. There was no action of the kidneys or boweis characteristic of such poisoning. To great extend the effects of morphine poisoning and concussion of the brain are similar. I was present at the autopay. I did not take part in it. It was not what I would call a critical examination. There was more fluid at the base of the brain than was normal. The serous fluid there was, in my opinion, caused by the blow received on the head. Neither the medulla nor upper portion of the medulla were examined. I saw no blood clots in the brain. "Before Sheedy died I noticed dilation of the pupils This, In my mind, Indi-cated compression of the brain. The pressure at some nerve point evidently produced the paralysis. The pressure in this case was evidently produced by the extra congestion of the blood and excess of serous fluid to protect the brain. " When morphine is administered it generally begins to show its effects in about twenty minutes afterwards. If suffcient morphine were given to insure death it might all have been absorbed by the time of the autopsy. If an excessive dose was given it might not have been all absorbed. Cross-examination: "If there is any morphine in the stomach unabsorbed at the time of death it ought to be there at the time of the autopay. About one grain of morphine ordinarlly will produce death. Sometimes one-fourth of a grain will produce fatal resuits. I got thirty grains of sulphonal put up in three doses. I gave the first dose about ten minutes to 10 o'clock, the second about an hour later. Neither remained on his stomach. The third dose was given by Mrs. Sheedy about 1 o'clock. It was given in about one-third of a cup of coffee. I don't remember of tasting the coffee. Sulphonal is tasteicse in coffee. Morphine is extremely bitter. When the coffee was given to Mr. Sheedy he did not complain of its being bitter. I secured about half a grain of morphine at a drug store as a precaution in case of emergency, but did not use it. "If a dose of morphine had been gives at 1 o'clock the effects would have been noticed by at least 3 o'clock. The symptoms would have been labored breathing and paralyasis of the muscles. I did not notice any symptoms of that kind until about 4 o'clock. I was dorning at the time and my attention was called to it by young Dennis Sheedy. Mrs. Sheedy appeared worried and asked me what was best to do. " The sulphonal was taken from a bottle at the drug store properly labled. The powder was in distinct crystals. Morphine is entirely different in appearances. It is flaky. I saw the sulphonal and know that there was no morphine in it. Morphine affects the nerve centers the same as a blow on the head. At the autopsy Dr. Casebeer took the brain out. I noticed no indication of hemorrhage. I noticed an excess of moisture. My belief is that morphine would have produced more fluid. A shock is laible to increase the pulse, the respiration and the temperature. Morphine produces the opposite effects. The effects characteristic of Sheedy were those of shock. Other organs of the body were examined. The heart was found in a state of fatty degeneration. The left side was particularly weak. This would lessen his charces for living after receiving a shock. There was no rupture of the heart. There was not the power there to supply the blood. In case of strain it might have produced death at any time. An unusually large gall stone was found in the gall balder. This had a tendency to clog up the liver. The kidneys were found in an enlarged state. The would have a tendency to weaken the system. " The fatty degeneration of the heart and gall stones would produce a weaknss and lessening of vitulity that would make him liable to succumb to severe shock. In his condition he might have lived for years. Any sudden excitemnt might have killed him. I did not take part in the autopsy because of certain accusations made against me in connection with the case. I stood by, but offered no suggestions. The medulla should have been examined, but was not. I think it would have required about five grains of morphine to kill Mr. Sheedy. I would have given him about one-quarter of grain had I given him any. That is the largestt dose I ever give." Redirect examination: " Had death resulted from the effect of the shock on the heart it would have been instanntaneous. I believe that death resulted from the effects of the blow." Ex-Mayor R. B. Graham was the next witness called. He reiated the circumsatnces leading up to the confession of Monday Mc-Farland. Mr. Hall then said: " Mr. Graham please relate the confession of Monday McFarland as you remember it. " Opposing counsel, Weir, objected, declaring that the state had not shown that the confession was voluntary. He declared that the confession was secured by the mayor and policemen through threats and promises of immunity. The court sustained the objection and decided that the prosecution would have to prove that there were no threats, coercion or other unfair means used to secure the confession before the confession could be aditted in testimony. Attorney Strode then gathered up the type written copy of the testimony of the preliminary examination, and shaking it almost in Granam's face, demanded fercely if he had not told McFarlnd on the evening preceding the day of confession that it would be better for him to confess. Strode apparently read this from the type written copy, but Lambertson discovered that Strode was merely makeing a bluff at reading the evidence and called Strode down. Lamberstone insited that the answer as printed should be read and the court agreed with him. Strode then put the question as follows: " Did you not say to McFarland that if there were other implicated in the crime with him it would be better for him to tell the whole story!" To this Graham answered, " Yes." Strode then asked Graham the following questions: "Did you not say to McFarland. ' Just be fair and square with us. The greater guilt fails to the person who instigated the crime. If you wish to bear the brunt of the whole thing you can do so by keeping still I' " After another wordy war the court rested. In reply to a question put by Mr. Hall concerning that asked by Strode Mr. Graham replied: " Mr. Dennis Sheedy put that question, and I said 'I think you should withdraw that question. It is possibly unfair, and we are not in a position to make any such proposition.' " AFTERNOON SESSION. At 2 o'clock the court room was packed. nearly half the spectators being ladies. Not only was the space outside the forum filled but also all the sitting and standing room was occupied clear up to the bar behind which Judge Field sat. The afternoon session was an intersting one, and probably the most important question of trail was considered, to wit: Whether or not the confession of Monday McFarland shoudl be admitted in evidence. A long and valiant legal battle was fought over this issue by the opposing counsel. It was noticeable, however, that Mrs. Sheedy's attorneys did most of the fighting against the submission of that testimony, McFarland's attorneys merely supplementing their efforts. Mayor Graham was asked by Mr. Hall of Monday McFarland had talked freely and willingly at the time of the confession or with reluctance. This was objected to, but was overruled. Graham answerd: "He was free to talk. He approached Dennis Sheedy and asked to talk to him. McFarland talked willingly" At this juncture the defense moved that the witness be excused. Then war declared. The defense asserted in healed manner that the confesion should not be allowed in evidence and cited numerous authorities to prove their proposition. The prosecution replied in kind and apparently gave as many resons and authorites why it should be admitted. Each alternately seemed to be sure of victory. The defense insisted that the court should hear all testimony pro and con in regard to the question of coerction or undue influence in regard to the securing of a confession before the confession was admitted. The court finally ruled on favor of the defense and declared that this point should be settled first and ruled that unless the witness had something to say in regard to the manner in which the testimony was secured he would be excused. This produced a most pronounced stir among the auditors as they had expected that the sensational confession of McFarland was to be presented. The defense, however, had gained one of the great victories of the trail and they looked happy. Only a few more questions were asked Graham, and in reply to one of these the witness said: " Before the cane was shown to Monday McFarland there were no threats made to him. Dennis Sheedy said that it would be very much to his advantage to mention the name of the man for whom this cane was purchased." The witness was then excused and ex-Marshal Melick, who was present at the time of the confession, was called. Another legal aquabble followed, and Melick was excused without testifying. Myron Wheeler, the shorthand reporter who was hid behind the curtain at the time of the cofession, and who took down in shorthand all the questions and answers in connection with the confession, was put on the stand. The type-written re-production of Wheeler's notes, for which Storde casually remarked he had paod $ 40, were put into the witness' hand and he identified the copy as written by himself. He was asked by Strode to read certain questions leading up to the confession. He did so, and then the prosecution asked for the answers to the same, but Strode remarked: " O, you fellows think you are cunning, but you don't get any of this confession to the jury if I can help it. " A number of the first questions asked at the beginning of the confssion were read, Strode stadning behind the witness and telling him what interrogatories he wished read. To none of these the prosecution objected. Suddenly Strode plungod into the middle of the manuscript and had the followung questions read. "Monday, I think you had better, for your own good, If you want to save your own life, show this thing up. You have told enough already now in this matter to satisfy us who killed him. Now, you can turn state's evidence and In alll probability they will let you off with your life: that is my opinion. It will undoubtedlly be much easier for you, anyhowm to associate the others that are more guilty than yourself in this matter." To this Mr. Lamberston entered most serious objection as he, too, had a copy of the confession, and he declared before the court that the question referred to was not what it seemed, as already up to that point McFarland had given the greater portion of his confession. Strode looked beaten for a moment, but finally got command of himself and a lot debate followed which ended only when the judge finally adjouned court to take the matter under advisement.

POINT FOR THE PROSECUTION.

Important Victory for the State in the Sheedy Case.

M'FARLAND'S CONFESSION ADMITTED.

After a Strong Fight Against it by the Defense the Judge Decides to Admit the Negro's Story as Evidence.

Lincoln, Neb., May 13. -[Special to The Bee.]- The presidential visit this morning had the effect of postponing the opening of court in the great Sheedy murder trial until 10:30 o'clock. The witness who attracted the most attention was Dennis Sheedy, the brother of the murdered man. Mr. Sheedy is one of Denver's millionaires and is vice president of one of the Denver banks, and secretary of the richest smelting company in Colorado. He is a very agreeable and approachable gentlemen, and when seen outside the courtroom expressed himself very freely in regard to the case. He said:

"You have no idea how much this terrible crime has concerned me. I wish it could all be buried at the bottom of the sea. The great mistake of my brother's life was in marrying that woman, but she evidently got around him in a moment of weakness and induced him to yoke himself with her for life. But a brief life it was for him. Do I believe her guilty of murdering my brother, her own husband? Just look at that face of hers. Note the cold, cruel expression and you have my answer. That look of hers reminds me of a passage in one of the letters of Junius in which he says 'if you wish to lie successfully put on a cold, hard stare.' I do not wish to be vindictive, but I want the guilty person punished."

One of the interesting things brought out this morning was the cordial hatred which ex-Captain Carder cherishes for Detective Jom Malone, the officer who untangled the mystery surrounding the murder and arrested Monday McFarland and Mrs. Sheedy. Carder was very anxious to inform the court why he has disliked Malone since the Sheedy murder, but the court was not desirous of being enlightened in that regard.

When the prisoners were brought in this morning a larger crowd than ever before was assembled.

The mooted point as to whether the confession of Monday McFarland should be admitted was again taken up, testimony being presented both in favor of it and against it.

Ex-Captain Carder was the first witness called. He represented the defense. He related the incidents in connection with McFarland's arrest and declared that Detective Malone went to McFarland's cell the night of his arrest and extorted a confession by making the prisoner believe that there was a mob of fifty men after him and that the crowd would be increased to a hundred later. On cross-examination Mr. Hall asked Carder:

"Didn't you say to McFarland: 'Keep your d-n mouth shut; you have said enough already to hang yourself.' "

This caused a tilt between the opposing lawyers, but finally the witness was allowed to answer and he admitted that he had told the negro to keep his mouth shut, but had said in addition, "You have already been scared enough." The witness further testified that while Malone was talking with McFarland he (Carder) attempted to go in, but was "fired" by Malone. The witness was inclined to be hard on Detective Malone, and finally Mr. Hall asked the witness if the relations between him and the detective were of a friendly character. Carder declared most emphatically that they were not, and not only volunteered to give the reasons therefore, but instead on giving the reasons therefore, but insisted on giving them. "The are awful good ones," said Carder, even after his proffer had been refused.

Ex-Marshal Melick was put on the stand. He testified that the following question was put to McFarland at the time of the confession:

"We already have enough to convict you of that crime and it would be best for you to make a clean breast of it and tell whether any other persons were connected with the crime."

This, the marshal declared, was asked really before the formal arrest of McFarland.

On cross-examination Melick testified: "I met McFarland opposite Carr's saloon on the day of the arrest. I asked him to step into the doorway near by. I then asked him: 'What do you know about buying a cane at a pawnshop? who did you buy it for and for what purpose?' "

The defense objected to the answers to these questions being given, and the objection was sustained. The witness then continued:

"I then asked McFarland to go to my office, and Malone escorted him to that place."

Mr. Hall then asked: "Didn't you say to McFarland, 'you'd better tell the facts in this case, if you do it will go better with you'?"

"Yes, sir."

In reply to question the witness declared that McFarland's talk at first was a general denial.

A question was then asked concerning the confession that followed, but this was ruled out. Mr. Melick was the excused.

Dennis Sheedy, the brother of the murdered man, was then put on the stand and shown the manuscript containing the confession of McFarland. He was asked if he had put a certain question to McFarland, Mr. Hall designating the same. He admitted that he had put the question.

The question was the one which Mayor Graham testified yesterday was withdrawn by Mr. Sheedy at his suggestion. The witness was then asked if he had not withdrawn the question. Strode objected, but his objection was overruled.

The witness then testified that at the request of Mayor Graham he had withdrawn the question.

This caused another outbreak on the part of Strode, Mrs. Sheedy's attorney. Shaking the typewritten copy of the confession almost under the nose of SHeedy he demanded if he saw anything about the withdrawal of the question recorded there.

"No, sir," replied Mr. Sheedy, "I do not, I have read that copy a number of times and I find not only that withdrawal but a number of other things were omitted."

Strode looked crestfallen, and the witness continued: "Several times mayor Graham said, 'Now in telling it you have not been under any undue influence. You have made this confession voluntarily.' Mr. Graham said substantially the same at the beginning of the conference." After some minor testimony the witness was excused.

Detective Jim Malone was then called. He testafied that he was the man that took McFarland in charge on the Saturday night following the murder. He said: "I had some conversation with McFarland that night, but no confession was made."

At this juncture Philpot, counsel for McFarland, arose and objected to Malone testifying as he claimed that Malone had said to a Bee reporter that he proposed camping on this case, and that yesterday Malone was in a room adjoining the courtroom where he was probably listening to Graham's testimony. He even charged that Malone had been listening at the door and when he (Philpot) went into the room Malone dropped on a lounge and pretended to be asleep. Philpot's motion, however, was overruled.

Malone then continued. "McFarland said nothing of any material importance to me early in the evening. About 1 o'clock in the morning Officer Kinney came to me and said that McFarland wanted to see me. I went to his cell but before he had talked much Captain Carder came in and said, 'Keep your mouth shut. You have said enough already to hang you.' But little more was said by McFarland that night."

Malone was then asked as to the relations between himself and ex-Captain Carder, and Malone replied:

On cross-examination witness said: "Nothing was said about a mov that night. On Sunday morning Monday said he was afraid of being mobbed. We said to him that we would protect him in case such an emergency should arise."

Strode, counsel for Mrs. Sheedy, then asked: "Didn't you say Mrs. Sheedy has given the whole d-d thing away and you had better cough up?"

"No, sir," was the reply.

"Didn't you say to Detective Pinneo that you got McFarland to confess by getting him into a sweat box?"

"No, sir."

"Weren't you in the corridor leading to Monday's cell more than twice that night?"

"No, sir."

The witness was then excused and the court adjourned for dinner.

The afternoon session was consumed mainly in finishing up the testimony concerning the influences that had been used in securing a confession from Monday McFarland. The crowd in attendance was larger than ever and standing room was at a premium. A large percentage of the spectators were ladies.

Frank Walter, an attorney, was the first witness called.

He testified that Malone said to him that he (Malone) had put McFarland in the sweat box and made him believe that there was a mob there after him that scared it out of him.

Detective Pinneo was the next witness. He testified that Detective Malone told him that he had McFarland in the sweat box and told him that a mov was going to hang him and he could take his choice in being hung by the neck or otherwise. Witness testified that this statement was made by Malone about March 25.

The opposing attorneys then proceeded to argue converning the admissability of the confession Monday McFarland, in whcih he declared that Mrs. Sheedy was the moving spirit in the murder.

Mr. Stearns, counsel for Mrs. Sheedy, declared that any confession secured when a prisoner was not in a calm and unimpassioned condition was not admissible. He cited a number of authorities in support of his assertion. Mr. Weir, attorney for Mrs. Sheedy, reiterated at length what Stearns had said in brief.

Mr. Hall, counsel for the prosecution, then arose and thus spoke: "Every confession must stand on its own merits. No two confessions are alike and given under similar circumstances. No rigid rule therefore can be applied to all confessions. It is necessary to first settle in our minds what inducements were held out to secure the confession. Mr. Stearns has declared that when a confession made the prisoner should be in a calm and unimpassioned condition of mind. It is impossible to find a man who is guilty of murder who will not be in a perturbed state of mind. If Monday McFarland had believed the night of his arrest that a mob was after him would he not have confessed at that time that he was connected with the crime instead of waiting until next day when he knew positively that there was no mov?"

Mr. Hall then touched the various questions asked at the time of the confession, and declared that no promise or guarantee was made to McFarland to secure the confession.

It was made in freedom and perfect willingness. It was not extorted either through intimidation or promises. Mr. Hall cited numerous authorities and cases in which confessions were obtained through officers or other persons by assuring criminals that the best course was to tell the truth. He then declared that all Malone and the other officers had done was to merely advise McFarland to tell the truth.

Mr. Woodard, counsel for Monday McFarland, arose and in a melodramatic tone declared that his client, McFarland, was taken as a lamb to the slaughter on that eventful morning and the confession was extorted from him. "Will this court dare," said he, "in the light of the nineteenth century allow this confession to go in as evidence. Will it endorse the action of those detectives and hounds that after keeping my poor colored client in torture all night extorted the confession from him? Malone said to my poor colored client, 'I'll get you before morning.' He also said to my client, 'the mov is here.' Wheeler, the shorthand reporter, declares that he did not hear Dennis Sheedy withdraw the question, which he claims he did at the time of the examination.

For about a quarter of an hour Woodard discoursed eloquently about Mr. Hall practicing deceit in reading only part of certain decision in which a confession was secured. Mr. Lambertson suddenly called Woodard down and asked him if he knew what he was talking about.

Captain Woodard declared emphatically that he did, whereupon Lambertson called the attention of the court to the fact that Woodard had got two cases mixed, the one quoted by Hall being from New Jersey, while the one that Woodard was quoting was from Alabama.

Woodard colored up and an audible smile went about the courtroom.

Woodard then cited a number of cases in which testimony was excluded through threats, promises or advice. He declared that the burden of proof lay on the prosecution. Even in case of murder, said he, the counsel for the defense has only to arise and say my client is insane and the prosecution has to prove that he is not.

The decision of the court was breathlessly awaited and when the judge decided to let the confession go in as evidence, there was not a little excitement in the crowd of spectators.

Strode immediately jumped to his feet and entered exceptions, but the judge, apparently not noticing the interruption, continued:

"The jury is instructed to consider the testimony as it affects the person making the confession. Other persons are not to be affected by it."

Court then adjourned, for the reason that the confession was too vile to be read in the presence of so many ladies. The confession is to be read immediately on the convening of the court tomorrow morning.

Will Investigate the Remor.

Lincoln, Neb., May 13. -[Special Telegram to The Bee.]- At the meeting of the State African-American league roday a committee was appointed to investigate the rumors ocncerning the attorneys of Monday McFarland in the Sheedy murder trial entering into a conspiracy to hang their client, the negro, in order to save Mrs. Sheedy.

WESTeRN PACKING INTERESTS.

Increased Business Shown for the Past Week.

Cincinnati, O., May 13. -[Special Telegram to The Bee.]- Tomorrow's Price current will say: The past week shows enlarged marketing of hogs. The total western packing was 195,000, against 155,000 the preceding week, and 285,000 last year. Total, 2,200,000 since March 1, against 2,315,000 last year. Leading places compare as follows:

Cities. 1890-91 1889-90

Chicago............................815,000 785,000 Kansas City............................276,000 340,000 Omaha............................212,000 125,000 St. Louis............................113,000 105,000 Indianapolis............................87,000 83,000 Cedar Rapids............................70,000 78,000 Milwaukee............................68,000 80,000 Cincinnati............................63,000 65,000 Sioux City............................59,000 112,000 Wichita............................53,000 47,000 Nebraska City............................37,000 38,000

GAGGED BY A BURGLAR.

A Young Girl Brutally Treated by a Midnight Visitor.

Springfield, Ill., May 13. -Miss Lillie Sheehan, a handsome young lady of this city, the daughter of a Wabash conductor, was yesterday morning found bound and gagged and almost lifeless on the floor in her room. A burglar entered her room during the night and after tying her hands and stopping her mouth with a towel threatened to kill her if she did not inform him where the valuables were concealed. He was frightened away by some noise outside and left her. Miss Sheehan was partially paralyzed, the result of an accident which happened to her some time ago, and was unable to offer much resistance to the brute, who hauled her out of bed and kicked her as she lay on the floor. The young lady is in a critical condition there is no clue to the identity of her assailant.

Retail Lumber Dealers.

Chicago, May 13. -The United association of retail lumber dealers, composed of the presidents and secretaries of local associations in various cities throughout the country, was in session here today, and received a report from the committee on competition by wholesale dealers who also sell at retail. The report recommended a blacklist of such dealers to be distributed to all members and that they be boycotted. It was discovered that such a course would render the members liable to prosecution for conspiracy, so the recommendation was merely ordered spread upon the minutes as a recommendation to the various local bodies.

A VILE CONFESSION

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to call his wife out, and I did so. Monday and his wife then went out. I left afterwards. When near Thirteenth and O I saw a number of hacks approaching the Sheedy residence. I went there and met Betta. He told me about the shooting."

Marshal Melick was [?]. A ring was shown him. The witness testified that the ring was found ar Waldman's pawnshop. The ring was shown to Monday McFarland. He identified it as the ring which Mrs.Sheedy had presented to McFarland at one of her [?] with the negro.

Strode, counsel for Mrs.Sheedy, then demanded fiercely how Melick could identify the ring. Witness replied that he had the ring in his possession for some time and identified it from its general appearance. Monday McFarland had told the witness that the ring Mrs.Sheedy gave him was at Waldman's pawn shop. The witness went to that place, asked for the ring that Monday placed in pawn, and the ring was given to him.

J. Waldman, the pawnbroker, was the next witness. He testified: "Monday McFarland came into my place of business January 1 and offered a gold ring in pawn. I gave him $4 for the ring."

Cross-examination: "Marshall Melick came into my place of business and asked for the ring that Monday McFarland pawned, because the number on the tag attached to it corresponded with the number opposite McFarland's name in my books."

Court then adjourned.

VILE CONFESSION OF CRIME.

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Monday McFarland Story of the Sheedy Case Read in Court.

------- TOO REVOLTING FOR PUPLIC EAR . ------- Not Base Enough to Cause the Woman to Blush-Starting Evidence Brought Out-Number of Witnesese Examined. -------- LINCOLN, Neb: May 14.---[Special to THE BEE.]----Monday McFarland's confession was read in open court this morning, the first time that it has been made public in its entirety. The recital was full of revolting circumstances and vile phrases. The only females present were Mrs. Sheedy and her three sisters and Monday McFarland's sister. The great crowd of sepectators was composed exclusively of men. The confession was read by Myron Wheeler, the short-hand reporter who was hid behind the curtain the time that the confession was made and had taken it down in full. Mr. Wheeler did not sit in the chair usually occupied by witneses, but sat directly in front of the jury so that the he could eread sumutty passages to them in a subdued tone of voice. At these places the great crowd of spectators craned their necks to catch what was said, but in vain. The reading of the confession consumed over an hour and was listened to by the jury with profound attention. The confession detailed at length how Mrs. Sheedy, by gaining an influence over McFarland through alleged favors and promises of a present of $ 5,000 induced him to consent to murder Mr. Sheedy. A portion of the confession was as follows: " I was employed by Mr. Sheedy to treat his wife's hair, which I have been doing forever since she has been here. During this time she would talk to me and act unbecomingly in differnt ways. Still I never said a word out of the way to her. One day she told me how she had got hold of Mr, Sheedy and how she plyed it and won him, and she said she did it for the simple reason of getting his money. This was after the trip to Buffalo last October. She said she lived with him two years before she was married to him and that they took a trip to New Orleans. She had $200 of his money and after they had been there a while he wanted to come home. She then said: 'No, if you do not marry me I will not go.' So after waiting a couple of weeks he turned in and married her." The manner in which Mrs. Sheedy approched McFarland was related at lenght and the criminal relations sustained between them was recounted in full. After this retctal McFarland goes on the relate how Mrs. Sheedy came to ask him this question: " What would you do for $ 5,000!" McFarland replied: "I don't know what I would do." Mrs. Sheedy then said: "Do you love me!" "I told her, Yes, I do; I am completely stuck on you." She said : "I want my freedom; I want you to help me get it. I will you if you tell this." She said that there was "another man she dearly loved and it wouldn' be long before he would be here. Sometimes between then and Christams." The negro then relates the full particulars of the plot. How Mrs. Sheey urged him to kill her husband, offering him not only the money, but a diamond ring, a diamond pin, a fine suit of clothes, a fine horse and buggy, would set the negro up in business and give him all the whisky he wished to drink. He related how he bought the cane at Mrs. Sheedy's instigation, showed it to her for her approval, which was given, and then how after his courge failed each time Mrs. Sheedy urged him on. How on the evening of the assault he met her on the back porch and when his courage again failed she poured out a glass of whisky and urged him to assault Mr. Sheedy with the cane, saying thta if they could only get him to bed she would finsih the job; that she would raise the curtainin the front room as a singnal for the negro to strike Mr. Sheedy. He carried out his instruction to the letter and when Sheedy commenced tiring he stumbled and fell, but finally got away. At the close of the confession McFarland approched Dennis Sheedy, asked him if he was brother of John Sheedy, and on receiving an affrimative answer said: "Mr. Sheedy, I killed your brother, but I am very sorry for it." During this terible recital Mrs. Sheedy was the cynosure of hundreds of eyes, but no trace of shame or concern was noticeable upon her face. Only once the expression changed to a book of annoyance and that was when the negro related the circumstances connected with one of his amours with her. The eyes of Mrs. Sheedy's sisters were fastened on the floor during almost the entire recital. An occasional flush of shame was seen manthing their faces. Monday McFarland's sister evinced the most emotion of any of the women and at times there were moist evidence in her eyes of the great grief she she was sturggling to conceal. Officer William Splain was the next witness. He testified as follows: "I had a brief conversation with Monday McFarland on the evening preceding. and the one following the confession. I was detalled to guard him those two evening. The second evening Monday said to me: 'Had you come in last night when I called for you I would have given it all up to you.' On the proceding evening he had send for me. About 1:15 a. m. that night I was taken from my beat and detailed to guard the prisoner. I remained there in the corridor until about 6 a. m. After I had been in the corridor some time McFarland showed sign of uneasiness. I asked him what was the matter. He said: " 'I'm afraid.' "I said: 'You dont need to be afraid. We will look after you.' "Late in the morning Monday called to me to come in. He said he had something to tell me. I went in. He said he wanted to give the whole thing up to me. I then went out. The next conversation I had with Monday was the evening following the confession. He then said: That's what I wanted to tell you last night.' On the preceding evening Jim Malone did not say anything about a mob while I was on duty. If he had I should have heard him. On Saturday night, sometime between 2 and 3 o'clock in the morning. W. W. Carder came in. He was the only person who was in there besides Malone and myself. Monday was more cool, calm and collected on Sunday evening than he was on Saturday evening. He was very nervous Sunday morning. He said between 6 and 7 o'clock a. m that his head felt as thought it was burning up." The witness was the excused. Marshal Melick was put on the witenss stand. He related the circumstances in connection with [?] through the various pawn shops for soup clue as to whom the cane had been sold. He found that Goldwater had sold the cane to McFarland. The witness then told of the fairy tale related by Monday about buying the cane for some stranger from Black Hills. The stranger then produced the cane with which Sheedy was struck. It was a tapering iron rod covered with leather disks. About a foot from the top it was bent, showing what a terrific blow had been given when Sheedy was struck. Witness continued: " I showed the can to Monday McFarland and he identifed it as one her had bought for a man who went to the Black Hills. Malone was present. We scouted the story about the stranger and I told Monday that we had proof enough to convict him and he he had better tell whether any other persons were implicated." Officer Kinney was put on the stapd and testifed: " I was on duty near Burr block, just south of the Sheedy residence the night that Sheedy was assulted. I heard five shorts fired, and I ran to that place. I there learned of the assault. I got a lantern, and while searching for tracks of the man who made the assault I found a cane on the porch on the east side of the house." Here the bent can was handed to the witness and he identifed it as the one which he found. Stearus objected, but his objection was overruled. The witness continued: " When I went into the house Mrs. Sheedy rubbed up against me. She was near the door leading into the bedroom where Mr. Sheedy was lying. She was not crying or making any demonstation." Philpot, attorney for McFarland, broke in at this juncture: " Do you expect she would holler all night!" "Lambertson retorted: "We don't know what to expect in this case" On cross-examination Kinney was asked two or three times where he found the cane, and his answer invariably was: " I found the cane upon the porch." Lamberston said he was through with the witness, and then Philpot commencenced to fire questions at Kinney, not about the finding of the cane, but what occured at the jail early the Sunday morning following the arrest of McFarland. Lamberston objected to this procedure and declared that such questions were not proper cross examination. The court sustained the objection and Philpot got mad. Shaking his bony fist almost under Lamberston's nose her dared that attorney to ask that witness such questions as would submit him to cross-examination on the points concerning which he Philpot had been questioning him. "It was not our intention to out Mr. Kinney on the satnd for that purpose," replied Mr. Lamberston in his usual quiet manner. "No, of course you didn't," said Philpot, " I just dare you to put that man on the stand and have him testify as to what occurred on the morning preceding the confession." and Philpot put on the air of a man who held four aces in his hand and three kings up his sleeve. " Very well, I shall accommodate you," said Lamberston. Meanwhile Officer Kinny had bee excused from the witness stand and was leaving the room. Mr. Lamberston called him back and told him to take his place back on the witness stand. There was something in Laberston's manner in accepting Philpot's bluff that led the crowd to believe that something wa up and the sectators bent forward i an eager expecatnt manner. They were not disappointed. When Kinney took his place again on the stand Mr. Lamberston said: " Now Mr. Kinney tell everything that ocurred between you and Monday McFarland on the Sunday morning following the arrest." Philpot gathered up enough courage to object and insisted that the witness be drawn out by questions. The objection was sustained. The witness continued: " I went on guard at the jail about 6: 45 a. m. the Sunday follwing McFarland arrest. I relived Officer Splain. McFarland said to me: Come in here. I want to tell you something.' I went into the office and found Carder and Malone there. Carder refused to let me have the keys. He said that there was an emphatic order that no one should go iin to see that prisoner. Later, Malone and I took the key and I went in. McFarland said that her had been offered some money from Mrs. Sheedy. He said: ' The end is with me either way. I believe I will tell it all.' " I said: 'It is best to make a clean brest of it.' " " McFarland then said that he had been induced to commit the crime by Mrs. Sheedy. She asked him what he would do for $ 5, 000. He said that was a large amount for a poor man and he would be almost anything. Mrs. Sheedy said she wanted him to help her get her freedom. He siad that Mrs. Sheedy made a proposal to him to kill her husband. She wanted him to commit the murder about Christmas. He promised to do so. At that time his courage failled and she got angry, said he was getting her money for nothing, and then called him a balck - - - - - and threatend to shoot him. She then made him hold up his hands and swear that he would not reveal anything. He then told how he had criminal relations with Mrs. Sheedy. I think I disputed his word. He then told me to get the key to his barber shop and in a certain drawer I would find certain evidences of his intimacy with her. I went to the shop and there found the evidences he mentioned. While Monday was making his confesion that morning I was interrupted a number of times by Captain Carder. The captain said to the negro: ' Wht don't you keep your mouth shut. You've said enough already to hang you. Youre a fool.' After the confession, it was about 8 o'clock, I believe, Monday said some thing about not wishing to be hung by a mob. I said: ' There is no danger of a mob. If one comes it will have to walk over my dead body.' He didn;t seem very scared. He was only a little nervous. He wanted me to get his banjo." After a few questions of little importance by Colonel Philpot the witness was excused. Mr. Goldwater, the pawnbroker, was the first wintess called in the afternoon. He testifed that Monday McFarland bought a cane at his place of business about a week before the murder of John Sheedy. The cane in the custody of the court was shown to the witness and he identifed it as the one he sold to McFarland. Mrs. Charles Coll, the next witness testifed that on a number of occusions she had noticed Monday McFarland standing near the Sheedy residence after night. He always attempted to evade her. Henry Garner was called. Strode objected to Garner testifying on the grounds that his name was not endorsed as a witness on the back of the information and claimed that his name had been surreptuniously placed on the list. The objection as overruled and the witness proceded to testify, becouse his name had been endorsed three days before the trail began. He testifed: " I was just across the street from the Sheedy residence the night Mr. Sheedy was assulted. Saw Mr. Sheedy fire at some body a number of times. I thought that the curtain of the window looking out on the porch was open at the time the shots were fired becouse it was o light." On cross examination the witness said: " Mr. Sheedy stood in the open door firing the last two shots. Someboday had evidently opened the door, I live just acorss the street." Charles Tindall was the next witness. He testfied that he was on the north side of P between Nignth and Tenth streets on he night of tthe shooting. He reached the Sheedy residence inside of ten minutes. The curtain on the east side of the house was up. He saw a cane on the porch and called officer Kinney's attention to it. The witness then identifed the cane as the one he found. He further testifed: " The cane was found near the window just south of the door. When I went into the house I did not notice that Mrs. Sheedy manifested any emotion. She did not cry or make any other manifestaion. When the cane was showed her she looked indifferent. She was cool and collected as far as I could see." Mike Mooney was called. He testifed that he was turnkey at the county jail. Had a conversation with Monday McFarland shortly after he had been brought to the jail. Mooney was asked if Monday McFarland had made any confession in regard to the matter. He replied that none had been made to him. On cross-examination: "Whenever McFarland commenced to talk to me I told him it was best not to say anything. The first day that McFarland was brought in he said he was not so much to blame as some folks thought; that if he was let alone he would tell it all. A number of days after wards he asked: ' How's Molliet' When I told him that she was all right, he said: 'Don't tell anybody that I asked for her.' Two or three times afterwards Monday asked the same question." P. J. Steppey, a colored man, was the next wintness. He testifed as follows: " I am a relative of Monday McFarland. Was at Mrs. Botta' resdence the night of the assault. Saw Monday McFarland there that evening. He and I changed coates that night. My coat is a striped gray. It has heavy wool about the collar and sleeves. After giving me my coat Monday asked me ---------------------------------------------------------------------------------------- [CONINTUED ON SCOUND PAGE.]