21
THE AFRO-AMERICAN LEAGUE
STORMY SCENES AT THE CONVENTION.
The League Declares That Mrs. Sheedy Hired Monday McFarland to Assassinate John Sheedy.
And Expresses the Belief That There is a Conspiracy on Foot to Save Mrs. Sheedy at the Expense of the Negro.
The Colored People Protest.
The second day's proceedings of the convention of the Afro American League were not characterized by that harmony that was so conspicuous on the day previous. At one stage of the proceedings the debate waxed warm and serious split was threatened, but the wise counsel and calm logic of President Ricketts prevailed and harmony was restored again. The trouble began to brew when a Lincoln delegate who runs a barber shop arose and entered a protest because the league adopted a resolution discriminating against the race by refusing to shave their colored brethren. The forward brother was combed down for his temerity. This proceeding brought several delegates to their feet and a stormy scene ensued which lasted several minutes. Finally order was restored and the breach hatched up to the satisfaction of all.
A little ripple of excitement was caused when the grievance committee submitted a report declaring that Monday McFarland had been hired by Mary Sheedy to assassinate John Sheedy and that the committee believed his confession ot have been free and voluntary. This also appeared to be the opinion of the convention for the report was adopted by a unanimous vote.
Morning Session.
The convention was called to order at 10 o'clock yesterday morning by President Ricketts. The attendance was larger than on the previous day, and the interest was more pronounced. The proceedings were opened by Rev. John Turner by prayer.
The following members were appointed a committee to make an investigation of the Sheedy-McFarland case: Major Moore, Sam Westerfield, B. C. F. Alberts, J. H. Washington and Rev. Wilson of South Omaha.
President Rickets, M. L. Wilson, Rev. Dan Wilson, F. L. Barnett and Rev. John Turner were appointed a committee to wait upon Governor Thayer and deliver an address to him on behalf of the league.
Addresses were then made by Rev. John Turner, Lincoln; Rev. Parks of Nebraska City and Rev. Roundtree.
Afternoon Session
The Committee on resolutions made the following report which was adopted by a unanimous vote:
To the president and members of the Afro-American league, we, your committee on resolutions, beg leave to submit the following report:
Whereas, The negro in the United States is oppressed and hindered in his progress to a place of higher civilization and is debarred of many of the privileges granted to other citizens, both of native and foreign births, and
Whereas, The negro is denied many of the privileges and immunities granted him by the federal constitution, and
Whereas, The federal government is reluctant in the enforcement of the law and in protecting the negro in his rights, and
Whereas, It is incumbent upon the negro to combine his strength for the further advancement of his best interests by improving the moral, mental and financial status; and
Whereas, His future depends in a great measure upon his own exertions; and
Whereas, We believe it to be conducive to the negro's prosperity that he be more thoroughly distributed through out the United States, therefore be it
Resolved, That we, as a convention, take such steps as shall lead our race along the road of prosperity.
Resolved, That we combine with law abiding citizens of all nationalities in the enforcement of the law and in creating a public sentiment that will sustain public officials in the proper exercise of their duties in securing to all people those rights and privileges guaranteed to them by the law fo the land; and
Whereas, It is a fact that our young men and women are greatly discouraged and debarred from obtaining positions as clerks or of learning trades by the white man, therefore, be it
Resolved, That we recommend the formation of trades unions, commercial clubs, creating joint stock companies, that may establish business houses, stores or whatever business suitable to the locality they may deem appropriate.
Resolved further, that a committee consisting of one from each county represented be appointed to work during the ensuing year to perfect plans, recommended sites for conducting business, said committee to meet at any place or time they deem proper; and
Whereas, It is a fact that the vote of the Afro-American is the balance of power in this state, therefore we demand that in the future elections for the state that an Afro-American be places as a regular nominee for a state office not because of color but because it is just and right. Feeling confident, as we do, that every Afro-American will hold himself ready to aid the party whose principles are in accord with the best interests of the country, and who accede to our demands, we recommend the above to Afro-Americans of the municipal elections of the cities of Omaha and Lincoln; and be it further
Resolved, That no members of the Afro-American league be elected to any state office in the league that carry on or participates in business that deprives the recognition of the colored man or negro in receiving the same franchise as other free and respectable citizens.
Respectfully submitted, B. H. C. ALBERTS, REV. J. H. WILSON, W. W. Wade, SAMUEL GRANT, W. A. WIGGINGTON.
They Believe Monday's Congestion.
The grievance committee then submitted the following report:
To the President and Gentlemen of the Convention: We your special committee on grievance beg leave to submit the following report:
Whereas. In this city, the city that bears the name of that staunch warrior of human liberty, the man whose noble deeds have immortalized his name and time rendered it sacred, we are aware that within its jail walls is one Monday McFarland, charged with crime, viz: as the would be assassin of John Sheedy and
Whereas, We believe that Mary Sheedy, the wife of John Sheedy, is the real murderer of John Sheedy, and
Whereas, From the statements of the public press we believe that the public cannot be so dumb, so blind, as to not realize and know for a fact that the negro now on trial suffered himself to be bribed and allured into the terrible attempt to assassinate said John Sheedy for the hone of gain of $20,000; and
Whereas, We believe the confession made by Monday McFarland to be wholly voluntary and every whit true and
Whereas, We believe there is a conspiracy to make the negro a scapegoat and give immunity to the real murderer, therefore be it
Resolved, That we do most earnestly protest against all such unlawful, unreasonable and unfair trials. To do justice is to give the defendants a fair, impartial trial regardless of financial circumstances.
Major Moore. J. H. Washington. B. F. C. Alberts. S. T. Westerfield. J. H. Wilson.
The convention then proceeded to the election of officers.
Election of Officers.
Dr. M. O. Ricketts was re-elected president by acclamation.
B. F. C. Alberts of Lincoln was re-elected vice president by unanimous vote.
A. S. Barnett of Omaha was re-elected general secretary by acclamation.
W. A. Wigginton of Lincoln was elected corresponding secretary.
J. Smith of Blair was elected treasurer by acclamation.
Silas Robbins of Omaha was chosen attorney for the league.
Thomas Carnahan, Lincoln; E. R. Overall, Omaha; E. S. Rozzelle, South Omaha; J. H. Washington, Lincoln; G. W. Warren of Plattsmouth, W. T. Jones of Nebraska City, were elected members of the executive committee.
M. L Wilson of Omaha was re-elected chairman of the education committee with power to choose the remaining members of the committee.
On motion it was decided to form a ladies auxiliary to the league. Mrs. M. E. Palmer of Lincoln and Miss Jessie Marrian of Omaha were selected to prepare papers to be read before the league at its next meeting.
Omaha was chosen as the next meeting place of the league by a unanimous vote.
The following delegates were elected to the national convention to be held at Knoxville, Tenn: B. B. Walker, Omaha; Thomas Carnahan, Lincoln and A. S. Barnett.
The following resolution was adopted:
Whereas, In the providence of an all wise and omnipotent God, we have been blessed with health and strength to be able to assemble here upon the discharge of so great and important a duty as calls us together; therefore be it
Resolved, That we turn our most humble and sincere thanks to the giver of all good gifts.
Resolved, That we return our thanks to our president for the efficient manner in which he has presided over our deliberations:
Resolved, Last but not least that we return our heart thanks for the citizens for the hospitable manner in which they have cared for us and pray that God may bless them.
J. H. Wilson, B. F> C. Alberts.
The following is the committee on education: M. L Wilson. Omaha. [?]; Major Moore, W. A. Wiggenton, J. C. Elder, Mrs. M. E. Palmer, Lincoln W. T. Jones, Barnett Botts, Hames Richards, Charles Ennis, James [Bott-?] Nebraska City; Chaplain H. V. Plummer Fort Robinson; James Thomas, Fremont, J. W. Edwards, Aurora; E. G. Rozzelle, Rev. J. H. Wilson, South Omaha; W. R. Gamble, M. F. Singleton, James Bryant, Omaha; J. C. Craig, Hastings; H. C, Boone, Plattsmouth; Mr. Bennett Beatrice.
The convention then adjourned to meet in Omaha during the month of May 1892.
When baby was sick, we gave her Castoria. When she was a child, she cried for Castoria. When she became Miss, she cling to Castoria. When she had Children, she gave them Castoria.
Independent Politicians.
Hon. C. H. Van Wyck Made a brief speech last night in the Killer Block hall to a handful of spectators. He dwelt particularly upon the subject of hard times, which he said were caused by unequal distribution of wealth.
Ex-Governor David Butler spoke in the same strain and urged his heaters to come over into the independent damn.
C. E. Hall, state master of the range, spoke briefly. J. H. Craddock also made a short harangue, declaring that not a county officer in this county would go into office at the next election except by the independent vote. He said [?] good start had been made in that the labor vote had elected Mayor Weir and that officer belonged to them.
Buckles Africa Salve
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Brown's Vermifuge Comfits or Worm Lozenges. This valuable combination has been successfully used by physicians and found to be safe and sure in eradicating worms, so hurtful to children. Brown's household panacea and family liniment. It gives prompt and effective relief in all cases of cramps summer complaint, chill sand pain in the side, stomach or bowels. Try it.
Brown's {Camphorated Saponaceous} Dentifrices
For cleansing and preserving the teeth, Brown's Dontina. A. Wintergreen smooth powder. It removed tarter from the teeth and sweetens the breath. The trade supplied. Charles W. Barn. Sole agent for the state of Nebraska, P. O. Box 491, Lincoln, Neb.
22
MONDAY'S CONFESSION GOES
JUDGE FIELD DECIDES TO ADMIT IT.
The Defense Sustains Defeat. Upon the First and Most Vital Point Raised in the Case.
Reporter [Wheeler?] Will Read the Revolting Story of the Darker This Morning-A Day Devoted to Hearing Officers and Detectives.
Not to Weigh Against Mrs. [Sheedy?].
The first great clash of arms in the Sheedy case has brought to the defense the most disheartening defeat. Both branches of the defense have fought with the full vigor of their legal ability and attainments to prevent the use of Monday McFarland's revolting story of the means by which he was induced to undertake no compass the death of John Sheedy, and they have met with signal failure. This was the most vital point at issue in the case, outside of the final verdict, and has been contested by counsel ever since ex-Mayor Graham took the stand Tuesday afternoon. The particular confession of the three the darkey appears to have been made was the one made in the presence of Mayor Graham, Marshal Melick, Officer Malone, Dennis Sheedy and Reporter Wheeler on the day following his arrest. Monday was arrested Saturday evening and appears to have given some inkling of his knowledge of the tragedy if the defense is correct, before Sunday morning, which it is claimed by the defense was a confession. Then on Sunday he made the confession published at the time in this paper. Still later he went before the coroner's jury and repeated the story. The state was prepared to offer the third confession had they been knocked out on the second, and contended that no prior confession had been made, although Monday had made some damaging admissions the night of his arrest.
The court room yesterday began to show the intense interest that has marked the progress of the great case since its inception on the evening of January 11 last. The seats allotted to the public were all taken, and crowds of men and women stood up around the walls and in the aisles. Even the railed enclosure encircling the court was filled with attorneys, court attendants and privileged spectators.
Mrs. Sheedy's faithful relatives, her trio of dark-eyed, well-dressed sisters, her grave looking uncle and her brother-in-law, Mr. [Haker?] of Western, sat with her all through the long and trying day. One needs not to be told that the four women who sit in solemn row facing the court, with their backs to the audience, are sisters, for the fact is plainly revealed in their faces.
The demeanor of Mrs. Sheedy revealed no change from that of the last two days until just before adjournment, when she was apparently appalled by the decision of the court that she must to-morrow sit in that solemn circle and listen to the reading of the horrible story told in Monday McFarland's confession. She evidently realized that the first hopes of her tireless counsel had been shattered, but although her face bore the hue of death, not a movement of her eyes or lips betrayed that she even realized the significance of the court's important ruling. Her step was just as firm and her carriage as tarelessly defiant when she was led from the room by her uncle as if she was simply a spectator.
Monday McFarland wore the same sorely troubled expression all day yesterday that had been perceptible on the previous day. When he came into court at the noon hour he wore a new lightcolored summer coat, and looked generally more presentable than he has heretofore. The fact was explained when it was discovered that an intelligent looking colored gentleman and lady sitting just behind him were his sister, Mrs. Cynthia Middleton and his uncle George True, both of White Cloud, Kansas. Monday's mother had been unable to come. When court adjourned Monday and his sister sat for some time in the jurors chairs engaged in earnest conversation and finally left for the jail together, Monday clinging to his sister's arm and conversing with her in a low tone, while Jailor Langdon followed at the distance of a few feet.
Mr. Carder Tells About Malone.
W. W. Carder was the first witness sworn and when questioned by Mr. Weir said that he was acquainted with John Sheedy in his lifetime. In January last was captain of police; was present when Monday McFarland was brought in by Malone and was kept in the marshal's office for some time [ere?] he was turned over to witness. Two or three officers took him from the marshal's office to cell No. 1; didn't know whether Malone went in with the prisoner, but he was there and was in conversation with Monday; witness heard Malone say "they'll get you before morning;" witness wasn't sure but [?] he sided in with Malone a little bit; there was also a remark made that "they're coming up now and there are about fifty of them, but they are waiting until they get a hundred." The ability of the police to stand them off was discussed in Monday's hearing. McFarland appealed to witness to protect him, and witness assured him that he could protect him; Monday said he didn't have any confidence in the police, as he believed they stood in with the mob. Malone started the conversation. Witness thought McFarland was either badly scared or under the influence of whisky. There was another conversation toward morning intimating that the mob was on the outside; didn't recall that Malone said anything about hanging, but the inference to be [drawn?] was that the mob proposed to hang the prisoner. One conversation occurred about 4 a. m. ; witness and Malone were in the corridor talking to Monday when some noise was heard in the office and Malone intimated that the mob was coming, witness thought it was then Monday expressed his lack of confidence in the police; witness repeatedly assured the prisoner that he would not be injured; Mondday had not at that time made his confession, or at least the published confession.
Cross-examined by Mr. Hall; There were other officers there who could see and hear everything that was going on; the interviews with Monday were very brief. the officers just walking in now and then and saying a word or two; there were no conversations of any duration. Witness remembered a conference between Monday and Officers Kinney and Malone; witness sent Officer McBrien into the cell; when witness went in he was frozen out; he remembered having said to Monday, "They have scared enough out of you already to hang a dozen men and you're a d-d fool if you don't keep your mouth shut." Witness said that because if Monday said anything he had a right to know it; no one had any more rights there than the witness; had had some conversation with the prisoner himself during the night in reference to his connection with the murder of John Sheedy; hadn't scared it out of Mondy by a darned sight. Malone did not go into Monday's cell; they talked to the prisoner through the cell door. Think that Officer Splain and one other officer were within six feet during the conversations had with Monday, but didn't think they could hear what was said; think they might have heard some of it; Monday said to witness that if the mob hung him it would hang an innocent man, as he had had nothing to do with it on earth; didn't know that he made any confessions or admissions to Malone while locked up that night.
"What did he say," asked Mr. Weir. "of there having been a job put up on him?"
"He said there was a job put up on him. He didn't say there was a job put up on him, but that he was in with a job."
"There is not the best of feeling existing between you and Malone, is there?" said Mr. Hall.
"Not the best on earth; I can give you reasons for it if you wish."
"Never mind your reasons."
"I would like to give you my reasons and they are mighty good ones, too."
Sam Melick Sworn.
Ex-Marshal Melick was sworn and said that he was one of the men who arrested Monday McFarland. He was not really placed under arrest until after the first conference in the marshal's office; the officers met hm at the stairs leading to Monday's shop and told him they wanted to have a conference with him. When they had taken him to the marshal's office witness told him that they had evidence enough already to convict him of the crime, and if there were any one implicated with him it would evidently go easier with him to tell who they were; witness did not tell McFarland that he was under arrest.
The witness gave a number of questions which had been asked Monday, but was not permitted to give the answer, relating to the purchase of the cane at Goldwater's; witness had then said to Monday, "come with us up to the office; we want to have some more talk with you about this." The darkey's talk at that time was in the nature of a general denial; he made no confession, but admitted some facts connected with the case.
This closed the [exidence?] of the defense to show that Monday was coerced into his confession.
The state called Dennis Sheedy in rebuttal. Witness said he was a brother of the deceased and was present at the time of Monday's confession; had been invited there to hear the confession. The following proposition was shown him and he identified it as one made by him, but withdrawn at the request of Mayor Graham:
"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 all probability they will let you off with your life. [This?] 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 witness said that the other questions or propositions complained of were not propounded by him: said that at the close of the confession, at which witness was present, Monday had asked which one of those present was Dennis Sheedy; Marshal Melick pointed the witness out; Monday approached witness and said, "I killed your brother."
This raised a chorus of disapproval among attorneys and the latter part of the answer was stricken out, witness meantime apologizing for having said it. Witness identified the latter part of the confession as heretofore published. He said that Mayor Graham several times cautioned Monday that he wanted his confession to be free and voluntary; thought he said it several times, cautioning him that it might be used against him; there was more said at that confession than the stenographer's report shows, and Mayor Graham had cautioned Monday early in the conversation.
James Malone Knew Carder.
When the state called James Malone to the stand Mr. Philpott objected to this witness being permitted to testify as he said he had violated the rules of the court by listening through an open door to the testimony of Mr. Graham and ahd been discovered in the act by the speaker. He said Malone had also allowed himself to be interviewed on the case. The court overruled the objection. Mr. Malone was sworn and said he knew Monday McFarland and W W. Carder; witness was not in McFarland's cell on the Saturday night of his arrest; was in the corrider once while McFarland was in the cell; had no conversation in regard to a mob at that time and Carder was not there at the time; didn't think Monday said anything; witness didn't stay but a minute, and was with others; next saw Monday McFarland Sunday morhing Officer Kinney came to witness and said that Monday wanted to see him; Captain Carder said that he could not see him, but witness went in and and along with kinney had a talk with Monday; Carder came in, shook his finger at Monday and told him to keep his mouth shut; it was on Sunday morning that McFarland had expressed fear of being mobbed, but not during Saturday night. Cross-examined by Mr. Strode the witness continued that he had not mentioned mob to Monday during that Saturday night.
"Were you not a witness at the coroner's inquest?
"Yes, sir."
"Do you know Frank R. Waters?"
"No, sir; not by name."
"Did you not say, during the inquest, to Frank R. Waters, when he asked you how you got Monday's confession out of him: "At first he refused to tell a thing; but we told him that Mrs. Sheedy had given up the whole d-d thing, and that the mob was coming?' "
"No, sir; I did not."
"And didn't you say to B. F. Pinneo, when he asked you as to how you had got the story out of Monday, that you had put him the sweat box, and after you had asked him whether he would prefer to be hanged by the neck or some other portion of his anatomy, which I will not now mention, he gave the thing away? Did you not say that, or words to that effect?"
"No, sir; I knew that Pinneo had been sent to pump me, and so informed Marshal Melick at that time, and I was very careful to say nothing of the sort."
"Do you swear you did not tell that to either of these parties?"
"Yes, sir; I never told nobody how I got the confession."
"You and W. W. Carder," said Mr. Hall, "are not on very friendly terms, are you?"
"No; we are very distant at present, and have been ever since a short time before the killing of John Sheedy."
The Afternoon [Session?].
Immediately after dinner Frank R. Waters was sworn to impeach the testimony of Officer Malone. Witness was an attorney and knew Jim Malone; had a conversation with him after the coroner's jury was empanelled and before the return of the verdict relating to the manner in which Monday's confession was secured. Had asked Malone how he got the confession, and Malone replied in effect that Monday had declined to tell at first, but that Malone had made him believe that Mrs. Sheedy had told the whole d-d thing and that the mob was after him, and had thus scared it out of him; witness could not say positively where he was when Mr. Malone had told him that, and didn't think he could give Malone's exact language. Witness was then a member of the coroner's jury and believed that it was told him the above about the time that Monday was before the coroner's jury, and in the coroner's jury room. Witness was not sure as to when or where Malone said it, or whether or not anyone else was present, but was sure Malone had so informed him; had volunteered the information to Mr. Strode a few days since from a sense of duty.
B. F. Pinneo was called to rebut the testimony of Malone, and Mr. Hall objected to him on the ground that he had been in the room during the taking of all the testimony. The court intimated that the challenge was just and his remaining in the room was in strict violation of the rule. The attention of the defense had been especially challenged as to Mr. Pinneo, and the defense said that he was not a witness, wherefore he was allowed to remain, although Mr. Snell had called attention to the fact that a subpoena had been issued for him on behalf of the defense. The court did not think the defense had acted fairly in the matter, but he didn't feel like ruling out any testimony for that reason, but should any other witnesses be found to have been in the room during the taking of the testimony they would not be permitted to testify.
Mr. Snell said that after the objection had been raised to Pinneo's remaining [in?] the room the officer had been instructed not to serve the subpoena upon him, so that he might continue to remain in the room.
Mr. Lambertson [?] he did not ask that the rule be enforced in regard to the immediate relatives of the defense.
B. [F?]. [Pinneo?] Sworn.
"You have been here in the room during this examination and heard all the evidence?" asked Mr. [Hall?].
"Yes, sir."
"And heard the testimony of James Malone this morning?"
"Yes, sir."
"And made a statement here the other day that you were not a witness in this case and a question was raised about your being in the room?"
"No, sir."
"Didn't you say that you were not [a?] witness?"
"I said I had not been subpoened as a witness. Mr. Lambertson said I could sit in the room."
"Didn't you know at that time that you were going to be called as a witness in this matter?"
"No, sir."
"When did you first learn it?"
"About twenty minutes ago."
"When did you first communicate those facts to Mr. Strode?"
"Which facts?"
"The facts he asked Mr. Malone about this morning. When did you first [tell?] them to Mr. Strode?"
"I cannot say. Several days ago."
Direct examination by Mr. Strode:
"Do you know Officer Malone?"
"Yes, sir."
"Did you have a conversation with him at or near the corner of Tenth and P streets in this city on or about the 25th day of April, in which you asked him how they got these facts out [of?] Monday McFarland, and did he reply to you that the mob was going to hang him and [?] asked how he wanted to be hung, by [the?] neck or by some other part of his anatomy?"
"Well, it was nearer the corner of P and Eleventh, than Tenth, that this conversation took place. It was on the [steps?] north of the Capital hotel.
"Around on P street near the corner of tenth and P?
"It was near the middle of the block."
"What was said at that time? Did he use these words to you that I have asked you?"
"Yes sir, to that effect."
Cross-examination by Mr, Hall. "You say he said words to that effect?"
"Yes sir."
"When was this?"
"It was about the 25th of March [as?] near as I can recollect."
"You had asked him something about this several times before that hadn't you?"
"No sir, I had not."
"Do you swear that you had not?"
"Well, I have had several talks with Mr. Malone in regard to the matter [I?] think perhaps I talked with him before and several times since that date."
"Are you in the employ of any of the defendants in this case of their [attorneys?] or anybody connected with them in their behalf?"
"Yes sir."
"How long have you been in their employ?"
"My recollection is that is was about that time or a few days afterwards. I think I was employed after that conversation took place."
"Who employed you?"
"Mr. Strode."
"As a detective?"
"I don't know what you call it."
"That is your business is it not?"
"Yes sir, to find out what I can in regard to the case."
"How long have you been a detective?"
"Thirty years."
"And you have been at work for the defendants in the line of a detective ever since that up to this time?"
"Yes, sir. Nobody had any knowledge of it except Mr. Strode and [Mr.?] Stearns."
"Did you say you were employed before or after this conversation?"
"I believe it was a day or two afterwnrds."
"You had given this information [before?] they employed you. hadn't you? You had imparted this information to Mr Strode?"
"No, sir; I don't think I had."
"You wouldn't give it up until he had hired you?"
"No, sir; I didn't hold it back for that purpose."
"Why didn't you give it to him before he hired you?"
"I didn't think it was necessary; I didn't think it was worth anything."
"Did you afterwards find out that it was?"
"No, sir."
"Did you ever get anything for it?"
"I never have got anything for it yet. No, sir."
"Are you to get something for it?"
(Continued on Eighth Page.)
23
DAILY NEBRASKA STATE JOURNAL FRIDAY MAY 15 1891
SOMEWHAT DISAPPOINTING
MONDAY'S CONFESSION NOT ALL HEARD.
Stenographer Wheeler Had Not the Nerve to Sing It, but Mumbled It Quietly to the Jury.
The Corruborative Testimony Begun and the Cane Identified: How Monday Was Spotted-His [Numerous?] Admissions.
A Most Trying Ordeal Passed.
"James Van Campin."
"Here."
"George [Albrecht?]."
"Here."
"J. C. Jensen."
"Here."
"Jacob Croy."
"Here."
"Albert Ward."
"Here."
"Henry L. [Willls?]."
"Here."
"Ed Young."
"Here."
"John Robertson."
"Here."
"C. S. [Cadwallader?]."
"Here."
"Luther Ratten."
"Here."
"James Johnson."
"Here."
"Thomas Riley."
"Here."
The Sheedy jury was there, and all there. So, indeed, was a large crowd of spectators, including about a dozen ladies. Most of the ladies interested in this great trial had discerned that the hearing of that darkey's confession was not likely to be as agreeable as it would be interesting, and had remained at home. Even the court officials and attorneys dreaded the ordeal before them, but the majority of those present were there for the very reason that they desired to hear just what those most interested dreaded so much. The announcement had been made that the confession was to be read, and it was apparent that a good many spectators had come just to hear that darkeys disgusting recital of -infulness and crime in all its crude obscenity. This story, stripped of its many shocking indecencies of language, has several times been printed, but that was not enough to satisfy all it appears. The few ladies present soon disappeared and even the three sisters of the defendant would have gladly escaped the fearful ordeal that confronted them. Indeed the attorneys for the defense asked that Mrs. Sheedy be permitted to remain out of court while the stenographer was reading the story, agreeing to waive all error that might otherwise be claimed because of the absence of the defendant from the court during the trial. For reasons of their own the counsellors in behalf of the state declined to agree to her absence, and her three sisters took their places resignedly by her side. Monday McFarland's sister did not come in until she had been warned that the reading of the story was completed.
No one was heard expressing any envy of Myron E. Wheeler, who reported Monday's confession, and who as a witness, was called upon to read it. Much to the disappointment of the crowd outside the railing the [witness?] moved his chair over to a point just in front of the jury, and when the parts of the confession were reached which are not [fit?] for public utterance, he lowered his voice so that none but the jury could distinguish what he was saying.
The defense on behalf of Mrs. Sheedy again interposed objections to the reading of the confession on the ground that it was made, if made at all, without the knowledge and not in the presence of Mrs. Sheedy: that it was obtained by promises of immunity, threats and intimidation, and that no proper foundation had been laid for its introduction.
The most impressive silence reigned when the witness started [in?] on the long type-written revelation [?] the methods and details of the crime. TO JOURNAL readers the details are more or less familiar, so that no minute repetition is necessary here. It told how for years Monday had been employed at the Sheedy home to dress Mrs. Sheedy's hair; how up to her return from her sojourn at a medical [institute?] in Buffalo, N. Y., he had never noticed anything out of the way in her deportment; how a few months prior to the tragedy she began to make affectionate advances toward him and finally made to him the proposition which to most of those who have read his story has made it seem improbable; how he availed himself repeatedly of the proffered privileges and because infatuated with the woman. It related that the first time this relation was sustained no intimation was given of the devilish design which the narrator afterwards conceived was the price of the favors [accorded?] him; that it was the second occasion of their intimacy when Mrs. Sheedy revealed to him her infatuation for Walstrom, who, she said, was coming about Christmas to take her away, and told the darkey that she wanted her freedom; that her husband did not treat her well, that he called her vile names, that he had threatened to kill her and that she had not sustained wifely relations with him for a year. It told how she swore the negro to secresy and told him she [would?] kill him if he ever revealed the proposition she would make to him; how she offered him $5,000 to secure her the freedom she craved. How she generously improved the offer by telling him she would gladly double the amount if she got [$30,000?] of her husband's possessions along with her freedom; that she would give him $500 of $600 the day after he had done the work and buy him diamonds, a horse and buggy and clothing and set him up [in?] business; how she only asked him to lay Sheedy upon the bed and she would do the rest with a liquid which had been given her by Dr. Fuller. It told how revolting the proposition was to [the?] narrator, but how the reward overcame his scruples in spite of the fact that he esteemed John Sheedy [to?] be his best friend how Christmas was fixed upon by her as the limit of [time?] she would give him to do the fatal work; how the [coaxed?] humbly her favors and proffers of money and urged him by telling him that if he did not do [it?] another was ready to earn the money; that Walstrom wanted to do it, but she didn't desire to have him do [it?]. It told how threats were resorted to when [persuasion?] appeared likely to fail because of the negro's [professed?] lack of nerve; how she even beat and abused him and [assured?] him with drawn revolver that she would kill him and how she induced him to watch one evening near her residence to see her take a walk with the lover who wanted to do the job if Monday failed. It told how she grew more imperious in her demands when Christmas and New Years passed with the deed undone, and how he finally made the first attempt by shooting, which failed. The narrative recited in detail how Mrs. Sheedy subsequently, at her own home, [upbraided?], abused, [beat?] and threatened to kill him, at the same time permitting him to enjoy her favors and asking him for assurances of his affection. Then it was, the story goes, that she concocted the plan which was to prove more successful than the first. Monday was to secure the cane and strike Sheedy down at his own door, her part being to give the signal that he was coming out by raising the window curtain. It showed how she besought the darkey to inflame his courage with whiskey, and how she even gave him a goblet of it at the back door while the unconscious victim of their plot was in the house. The story contained a detailed account of how he struck the blow as designed, dropped the cane, fell as he attempted to fly from the porch and ran away thoroughly imbued with the idea that one of his victim's bullets had overtaken him. It relates his subsequent proceedings just as the officers have since traced them out, and tells how he went to the Sheedy house the next day for his money, but was denied admission by Mr. [Courtnay?].
The reading of the confession consumed upwards of an hour, during which, it is perhaps superfluous to remark, the most perfect order was observed by the audience. The members of the jury bent forward eagerly and their hands frequently supplemented the lobes of their ears in efforts to corral every word of the salacious recital. The attorneys sat resignedly drinking in every utterance of the rapid reader, although each of them probably had studied them until they had them almost committed to memory.
Throughout the reading of that startling and revolting allegation of her sin and guilt Mrs. Sheedy presented a picture that would have moved the stoutest heart. None could have watched her during that trying ordeal without compassion for her suffering. Outwardly she preserved a remarkable quietude, but her deathly pale face, her [aimless?] stare, her languinly despairing movements and irregular and labored breathing told of the fearful tempest raging in mind and heart. During the greater part of the ordeal her wildly opened eyes were bent in the direction of Court Reporter Mullen, but it could easily be discerned that she did not see him. Later she directed the same wild look toward the jury box, but there was no responsive light in the staring orbs to indicate that she was cognizant of a jury being before her. Two or three times she cast a piteous look at her sister, Mrs. Dean, who sat at her left with her face buried in her handkerchief. The other sisters, Mrs. Morgan and Mrs. Baker, occasionally sought refuge behind their hands, and once it was noticed that Mrs. Morgan was sobbing violently. But not a tear trembled across the lids of the little woman in mourning, and hardly a wink interrupted her contemplation of her own thoughts.
Monday McFarland sank down into his chair and covered half his swarthy features with his right hand, as he listened with apparent concern to the reproduction of his story.
As soon as the reading came to an end Monday's sister. Mrs. Middleton, came in and took a seat beside him, and feminine auditors began to come into the room in squads.
Officer [Splain?] Sworn.
Police Officer [Woiliam?] [?] was then called, and testified that in January last he was a police [officer?] and was acquainted with Monday had a few words with him on the Sunday morning after he was arrested and the evening of the same day, after he had made his confession; as the officer passed his cell Monday said: "That's what I wanted to tell you: I would have given it all up to you if you had come in;" he had asked to see witness the previous evening. Witness also had some conversation with him at two or three different times during the first night of Monday's incarceration; witness was in the corridor and Monday in his cell; Officer Malone also talked to Monday that night; Monday just said one or two words to witness each time; witness did not caution the prisoner that what he said might be used against him. Soon after witness went into the corridor at 1:15 Monday was restless and walked around the cell. Witness said:
"What's the matter, Monday?"
"I'm afraid."
Witness reassured him and at about 6 o'clock that morning Monday asked him to come into the cell, as he wanted to give up the whole thing: witness went out into the office to get the key, but W. W. Carder was there and he didn't suppose it was any use to ask him for the key, and did not go in to see Monday.
"What did you hear Jim [Malone?] say that evening about a mob?" asked Mr. Hall.
"Not a word."
"Had he said anything, were you so situated that you would have heard it[?]"
"I certainly would."
"When Jim Malone came in there was Officer Carder with him?"
"No, sir."
"Wasn't with him at all."
Cross-examined by Colonel Philpott, witness said he was on duty until almost 7 o'clock Sunday morning; Officer Harry was on duty in the corridor with him; talked with Carder while witness was in the corridor; Malone talked to the prisoner only once that night for three or four minutes between 2 and 3 o'clock; no Pinkerton man talked to witness in the corridor that night: Munday was very nervous Sunday morning and said his head was just burning: was more quiet when witness talked to him Sunday evening and he said: "That is what I wanted to tell you," apparently meaning the confession he had made. Witness was succeeded [at?] 7 a. m. by Officer Kinney.
Malone and Melick on the Scent.
S. M. Melick was called and examined as to the conversation he had had with Monday on the Saturday evening of his arrest concerning the cane. Monday had said that a man who got shaved at his shop had asked him to go to Goldwater's shop and buy [?] cane that was in the window. Monday had done so and wrapped the cane in a piece of paper; he didn't know the man, but he claimed to be from the Black Hills.
Witness then went out of the court room and got the cane with which the blow was struck. He testified that he had showed the cane to Monday and asked him if it was the one he had purchased for the stranger; Monday said it was at [first?], but afterwards said it was just like it.
Witness also testified that he had asked Monday if anyone had seen him deliver
24
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SHE FOUND RELIEF IN TEARS
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MRS. SHEEDY'S IRON NERVE RELAXES.
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Most of the Day Devoted to Securing Evidence of the Relations of Wasltrom and Mrs. Sheedy.
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Anil Circumstances Immediately Sur. rounding the Shooting--Her Tender Interest to Her Friend Harry.
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Some Very Unwilling Witnesses.
Considerable progress was made yesterday in the Sheedy case and the large crowd present was deeply interested in the testimony that was brought out, especially because it related chiefly to the tenderness exhibited by the fair defendant toward her young friend Wasltrom who followed her from Buffalo, an interest which made itself perceptible in every remarkable way for some time prior to the fatal night of John Sheedy's taking off as well as subsequent to that event and almost at the very moment of the murderous assault.
It was remarked that almost every witness on this branch of the evidence was an unwilling one. It required the most [adtoit?] and persistent work upon the part of the state to get out of them even as much as they had testified to upon former occasions. This was especially the case with Johnnie Klausner, the boy who once lived in the Sheedy family, who made a convenient and serviceable means of communication between Walstrom and his tender patron. The model servant girl, Anna Bodenstein, who would have preferred to be esteemed [inmentedly?] ignorant, wept with [?] as she was entrapped into telling more than she had designed telling.
Mrs. Sheedy came into court looking more cheerful than ever and after the examination of the first witness moved forward out of the row of sisters and took her seat just behind Attorney Strode, with whom she frequently consulted in whispers often [?]. She had lost entirely her listless expression and ppeared to be affected by the testimony as it was being adduced, according to its import.
When Dr. Ruth M. Wood was testifying Mrs. Sheedy moved back into the row of sisters, and at the point where the witness told of her impressions and [?] at Sheedy's bedside concerning morphine Mrs. Sheedy burst into a violent fit of emotion. For the first time [?] the trial began she gave vent to her tears and for a few moments her face was turned into her hands and her form shook with the fervor of her emotions, while her sobs were heard throughout the room in spite of her [?] efforts to control herself. Her three misters were [peerping?] with her, two of them, one on each side, with their arms across the back of her chair, bending forward to comfort her. It was not forlong however, that her remarkable nerve forsook her. She was soon erect and attentive, brushing away the evidences of her emotion while listening to the testimony, and when she regained her composure beated herself again where she could command and the ear of her counsel.
She said the most [implicit?], almost greedy, attention to the evidence given by Mrs. Hood, Mrs. Carpenter, Miss Bodenstrain and Young Klausner. They were all friendly in their expressions and their testimony was no more damaging than they were absolutely obliged to make it, and she appeared to reflect over their every utterance.
On the contrary, when Jacob Oppenheimer was telling his story of having met Walstrom at the Sheedy home after the funeral, the defendant, Mrs. Sheedy, evinced her estimate of his utterance by a scornful [?] as she whispered occasionally with her attorney.
Thursday was unusually prolific of spats between the contending attorneys and charges of unprofessional conduct Judge Fielil each time peremptorily sitting down upon the disputants.
Mrs. Sheedy Called Him.
The first witness of the morning was Fred Krause, doorkeeper of the Eden niusee, who lived at 826 M street in January. On the night of the last assault on Sheedy he was east of Sheedy's house about fifty feet on P street; turned around and saw Mr. Sheedy shooting; Mrs. Sheedy cried out for her to come. Sheedy shot toward him and he stopped; she cried out again for him to come and he did so asked Sheedy who shot and Sheedy said "He ran through the alley." Witness ran around on the west side of the house and out toward the alley; couldn't get into the alley and saw no one met Officers Kisney and Otto out on Twelfth street. Sheedy said he was shot; there was no one there but Mr. and Mrs. Sheedy as far as he saw; next day saw a bullet mark on a post in an opposite direction from where he had stood; looked as if Sheedy was right in the door and Mrs. Sheedy was right behind him; there was a light in the parlor; after the last shot. which witness thought was fired toward him. Mrs. Sheedy called him to come in and he wouldn't get hurt; she told him to go for the priest, but witness didn't do it; he ran around toward the alley; went to jum over the fence on Twelfth street to go into the alley but before he got to the fence saw Kinney and Otto, and told them what had happened; at least one of the north window curtains were up about two feet: witness looked into it; didn't know whether or not both north curtains were up; the first man witness saw in the yard was Officer Botts. Witness thought Sheedy, was standing in the door all the time during the shooting.
The witness was rather rigorously cross-examined as to how he came to be standing where he was when the shooting occurred, and explained that he had been up intending to take a ride on the electric car, but didn't go. He had never been employed by Sheedy to shadow him and watch.
She Called Harry "Sweetheart."
Mrs. James 1) Hood was called and sworn. She lived on Tenth and J streets; had known Mrs. Sheedy for six years; formerly lived on P street between Fourteenth and Fifteenth up to the 23d of February, about two blocks from the Sheedy residence; was in the habit of visiting there quite often; was there after Sheedy was assaulted from 10 o'clock on the morning after the assault most of the time until his death knew Walstrom.
"What was his first name?" "Harry." "Where did you first meet him?" "At my house." "Who did he come with?" "Mrs. Sheedy." "How did she introduce him?" "She said he was a nice young fellow. that she had met him in Buffalo and she wished him to meet some young company."
Witness said that Mrs. Sheedy always spoke of him as a nice, intelligent young man. Had heard her refer to him as "Sweetheart," but thought nothing of it. Mrs. Sheedy told her, that when Walstrom first came Mr. Sheedy was mad, but that when Sheedy met him he changed his mind and thought he was a nice young man. Mrs. Sheedy once came to her house, said Sheedy had abused her and she had left him; she asked to be permitted to remain a few days. Witness said she feared it might make trouble between her husband and Sheedy and Mrs. Sheedy went away. The latter had told her that she had her trunks packed and a boy ready to move them whenever she was ready to go away; didn't know if the young man's was Klausner.
Witness said that she had once told Mrs. Sheedy that she did not think Walstrom a very fascinating young man and that he talked too much. Mrs. Sheedy said it was his way and that he made friends with every one.
Witness was with Sheedy and Mrs. Sheedy when the first assault was made; was returning from the [musee?]; she stood on the outside of the gate; Mr. and Mrs. Sheedy were just inside the gate; saw the man who did the shooting, but couldn't tell whether he was white or black. On going home from the Eden [musee?] on the evening of the assault Mrs. Sheedy had expressed a presentment that something awful was going to happen as she had felt like that before Mrs. Sheedy was stabbed on a previous occasion.
Mrs. Sheedy had complained to her that Mr. Sheedy had not met her at the train on her return from Buffalo, although she had telegraphed him from Chicago, and didn't act as though he was glad to see her.
Mrs. Sheedy had once told witness that Walstrom was going to travel for his father and would probably make Lincoln his headquarters; she wanted to bring him to witness' home so that he might get acquainted with her daughter; witness said it was all right if he was a nice young man, and Mrs. Sheedy said he was as nice a young man as she had ever met.
It was about a month after her return from Buffalo that Mrs. Sheedy came to witness' home and told the latter that she had left Sheedy.
Witness thought was a bright night when the first assault was made at Mr. Sheedy's gate; only one shot was fired; Mr. Sheedy seemed to think it was a burglar and cautioned his wife about the doors; the latter appeared to be frightened.
At one time after that Mrs. Sheedy while she and witness were conversing of the event said that they could not say her Harry did it, as he was at work that night. Witness asked her why she should say that and Mrs. Sheedy remarked that people might say it was Walstrom, knowing that he was a friend of her own.
Mrs. Sheedy, when she returned from Buffalo, had showed witness Walstrom's picture and told her about him, just as she did about others when she had met.
Witness thought Mrs. Sheedy felt very bad after the assault on the fatal night; she acted as if she was nearly heart broken and witness felt very sorry for her. She didn't weep any until after Sheedy's death.
Cross-examined, Mrs. Hood said that she was present the morning after the assault when Mrs. Sheedy said that she believed the doctors were giving him the wrong medicine. Mr. Courtnay asked her what they were giving him and she had the box brought out and showed to those present. Witness saw nothing in the department of Mrs. Sheedy to lead witness to suspect anything.
On the night of Sheedy's death Mrs. Sheedy said that if John couldn't live she did'n want to live; some time after Mrs. Sheedy had left home, as hitherto narrated, and come over to witness house, she had told witness that everything was all right and that Mr. Sheedy had apologized; she said that Mr. Sheedy had accused her of things of which she was not guilty; didn't say what they were.
When the discussion of the medicine arose Mr. Courtnay had called attention to the condition of Mr. Sheedy and Mrs. Sheedy had said he had been lying in that dazed condtion right along Courtnay asked what the doctors had been giving and Mrs. Sheedy said she didn't know what it was, some powders; thought it was morphine; had the box brought and showed it to the company, a little box containing powders.
Said [?] Like Morphine Symptoms.
R. Ruth M. Wood, of 1226 P. street, was sworn . Witness lived just across the street from the Sheedy residence; heard the report of a pistol on the Sunday evening of the assault; a short time before the shooting she had been sitting in her window and those present with her had some discusiion as to how cheerful the Sheedy residence always looked; the curtains were always up. Twenty minutes later the curtains were down; this was a short time after the shooting. Witness was at Sheedy's bedside on Monday evening and had said to Mrs. Carpenter that the symptoms indicated to her that the patient was under the influence of morphine; would not venture an opinion on what she knew of the case as to that now the same symptoms might be noticed in compression of the brain.
An Unwilling Witness.
Miss Anna Bodenstein, a young woman who worked at the Sheedy residence was next called. Witness went there in April and stayed until Sheedy died; Monday [Molarland?] came there six or eight times in that time to dress Mrs. Sheedy's hair; it would take him a little over half an hour. Witness was at her own home on the Sunday of the assault. On Saturday, the previous day witness was away from 1:30 to 4 p. m.; saw McFarland go by the house that day; saw a man on the porch one night; it was very dark; couldn't tell how long it was before the assault; saw Johnnie Klausner at the house often; he took baskets away with him; Mrs. Sheedy fixed thera; they contained things to eat; Klausner took them away and brought back the empty baskets. It was after Sheedy had been shot at that witness saw the man in the yard; it was about 10 o'clock; Mr. Sheedy was not at home; told Mrs. Sheedy; she didn't say anything; didd't know whether Mrs. Sheedy spoke to the man; witness was withing five or six feet of him, but didn't speak to him; the man didn't run or move. Witness didn't know who it was, it looked so dark to her; witness was in the kitchen when McFarland was there dressing Mrs. Sheedy's hair; they were in the dining room. The next day after Mr. Sheedy was struck Monday came to the house and asked to see Mrs. Sheedy. He came first to the dining room door and then to the kitchen door, but they didn't let him in. He was alone. It was a little man who didn't let him in; didn't know if it was Courtnay or if he was red-headed. He said he wanted to see Mrs. Sheedy. Didn't know that he came there with his wife.
Witness didn't remember when Mrs. Sheedy went away to Buffalo; came home the day before the fair. First saw Walstrom when he was there to supper; the next time was in the afternoon, the time they went out riding; Mr. Sheedy was there. Later she saw Walstrom one evening; Mrs. Sheedy went to the door and let him in; didn't know whether Mr. Sheedy was there or not; didn't go in the parlor herself; witness went to her own home at 8 o'clock that evening and returned at 10 o'clock; Walstrom was not there when she got back. Walstrom was there four or five times.
This witness was a model hired girl. She did not remember that Klausner ever took away or brought any notes, and didn't know who the lunches were sent to except that they were for some friend.
Cross-examined; the witness said she supposed the lunches were for Johhnie Klausner too, but didn't know. Prior to the coroner's inquest Mrs. Sheedy had told witness to tell the truth about all she knew; the attorneys for the defense had never talked to her as to what she was to testify to; the attorneys for the other side had been too see her about what she would testify to two or three times. Dr. Childs had been to see her once about it and a man named Smith. The night she saw the man in the back yard Mr. Sheedy came home almost immediately afterwards; did not hear Mrs. Sheedy tell him about it; knew it was Monday who came the next day after the assault and asked for Mrs. Sheedy. Didn't see Monday's wife or any colored women.
This witness was evidently friendly to the defense, but the counsel for the defense were unable to shake her conviction that she had seen Walstrom in the house at least five times.
Witness was away the Sunday afternoon of the assault, as was her custom, from 2 until 9 o'clock. Never saw Monday around the house except while he was dressing Mrs. Sheedy's hair. Witness often went into the room. There were no doors hung.
Witness was upstairs that first night when the shot was fired and heard the shot; didn't go out doors; it was two or three nights after this when she saw the man in the yard; she would not say whether or not the man was Monday McFarland, saying simply that is "looked very dark to me that night," but Mr. Lambertson persisted and the witness, after some tearful hesitation and a repetition of how dark it looked to her that night, finally replied that she thought it looked like Monday McFarland.
They Brought Mrs. Sheedy Over.
Mrs. Charles Carpenter had lived for four years four doors east of Sheedy's; had known Mr. and Mrs. Sheedy about six years; visited back and forth and was quite intimate with Mrs. Sheedy; was slightly acquainted with Harry Walstrom; first met him in Sheedy's parlor at 7 o'clock one evening; Sheedy was not there; witness' sister was with her; remained about ten minutes; left Mrs. Sheedy and Walstrom together. Next met Walstrom about three weeks afterwards; was with her sister when they met Walstrom on Twelfth street and he walked home with them; witness' sister stopped at Sheedy's as they passed and asked Mrs. Sheedy to come over; Walstrom and Mrs. Sheedy to come over; Walstrom and Mrs. Sheedy went away together in about half an hour. The next time she met him Mrs. Sheedy came over about 10 o'clock a. m. and said Walstrom was coming: he came in a little while, they were in the front room together for about ahlf an hour; witness and her sister were in the room about half the time; they did not go away together.
Witness said she never talked with Mrs. Sheedy about Walstrom; Mrs. Sheedy told her he was a friend from Buffalo: Mrs. Sheedy had showed her Walstrom's picture with others before witness met him; recognized him when she saw him; never saw Mrs. Sheedy with Walstrom at any other time; never saw Monday around the Sheedy residence; never saw anything wrong in the relations of Walstrom and Mrs. Sheedy.
Witness did not know Monday and didn't know whether she had seen him standing around the house. Never knew that Monday came there to dress Mrs. Sheedy's hair; believed she did say that a barber came there. Mrs. Sheedy never told her of any trouble with her husband; acted as if she felt very bad after Mr. Sheedy was hurt; she tried to do all she could for him. Witness was there most all the time.
The witness pertly answered all questions, where possible, with a simple affirmative and negative. As she was the state's witness and therefore could not be cross-examined by the state's counsel, she escaped the consequences of information in the hands of the state to the effect that she had told an acquaintance that she didn't propose to tell all she knew about Mrs. Sheedy and Walstrom.
The Afternoon Session.
Office Louis Otto was the first witness called after dinner. On the night of the assault he was with Officer Kinney at Twelfth and O when the first shot was fired: immediately afterwards four more shots were fired; they ran north and when they got to the Sheedy property a man named Krause came from the direction of the house toward the fence; witness asked him what the trouble was and Krause said that some one had shot John Sheedy. Witness related the facts surrounding the finding of the cane and the subsequent proceedings substantially as had former witnesses. He said it was probably twenty minutes or half an hour after he had got there that the cane was found on the porch; that they had examined the porch before that and found blood near the south door, but did not see the cane at that time. Took the cane to the station and turned it over to Captain Carder. The defense endeavored to ask the witness whether or not Garder did not identify the cane at once, but he was not permitted to answer. Witness also testified that Krause had told him that when the shooting of the last shots occurred he (Krause) got behind a tree; showed witness the tree; it was about twenty feet from the house. Krause said he was coming up P street when the shooting began.
"It is All Right, Harry."
Jacob Oppenheimer, a law student in D. G. Courtnay's office, knew John Sheedy; was at the residence the first or second day after the funeral; Dennis Sheedy opened the door; went there to have Dennis Sheedy and sisters to sign a power of attorney; Young Dennis Sheedy, Walstrom and Mrs. Sheedy were in the parlor; Mrs. Sheedy took the instrument and submitted to it Walstrom saying "It's all right, Harry" didn't notice that she looked any more mournful or excited than before Sheedy's death. Mr. Sheedy's two brothers and some ladies were there in another room, but no one but Mrs. Sheedy and Walstrom were in the room when the former passed upon the paper. Young Dennis having gone out after Dennis, senior.
Upon cross-examination the defense pressed him hard to find out whether or not Mrs. Dean, Mrs. Sheedy's sister, was not present. The witness said he did not see her there, and would probably have seen her had she been there.
He Carried the News to Harry.
C. C. Carpenter was at the house as soon as he could get there after the shooting. No one was there but Dr. Everett and Mrs. Sheedy; the first thing he noticed was Mr. Sheedy standing on the porch in front of the open door, firing a gun; thought he saw two shots; had got nearly to the Sheedy gate ere Sheedy stepped into the door. The two houses are probably 125 feet apart: jumped right up from the supper table at the first shot; didn't see Dr. Everett coming across the street; Dr. Everett got into the house first; Sheedy was standing up near the door bleeding pretty badly; next person he saw was Mrs. Sheedy; was in and out there until 11 o'clock; Dr. Hart came in about five minutes; witness went out before Everett had bandaged the wound; went after Dr. Hart; nobody told him to go after Dr. Hart; Mrs. Sheedy asked him to go and get a physician; Dr. Everett was there at the time; went over to Steiner & Scheutz' drug store and had a clerk telephone for Hart; as he returned Dr. Hart drove up.
Witness said that while Sheedy was sitting in the chair he remarked that he didn't know what he had don that anyone should do such a thing.
Mrs. Sheedy asked witness to go over to the Heater block and tell Walstrom that Sheedy was badly hurt; she gave him the number of the room; witness went to the Heater block, called Walstrom out of his room and told him; had met Walstrom and Mrs. Sheedy at his own home.
Had once carried a message to Johnnie Klausner at the business college that Mrs. Sheedy wanted to see him; didn't know whether or not that was before or after the first assault on Sheedy; never saw Walstrom at any other than the two occasions mentioned and never carried any other meassages for Mrs. Sheedy to anybody. Johnnie Klausner was present when witness delivered the message; Walstrom did not express any surprise; Mrs. Sheedy didn't tell witness what doctor to call; witness did not know that Mrs. Sheedy was acquainted with Dr. Hart. When Mrs. Sheedy sent him to Walstrom she had told him in the presence of others; couldn't tell who [?] it; there was no secrecy about it. Sheedy had said to witness: "I wish you would go out in the alley and catch that d--d ----- ----- -----." Subsequently, after Sheedy had gone to bed, he called for witness to be sent to him from the next room, and after some conversation as to the assault, he said that he couldn't describe his assailant, as it was too dark to see him.
Nothing of their Past Admitted.
Gus Sanders knew John Sheedy since 1879; knew Mrs. Sheedy about 1881; didn't know when Sheedy first met her and did not know her name when witness first saw her; didn't know at that time that she had been married before, but heard so since; did not know when she was married to John Sheedy; they lived together as man and wife either in 1881 or 1882 in a room in the Quick block; was around there every day.
This branch of the testimony was most vigorously opposed by the combined defense, but the court thought it proper to show the history of their married life. The defense contended that they had no right to attack her character, especially at so remote a period, to even find a motive for the commission of such a crime.
The witness used to see Mr. Sheedy and the defendant in the rooms; did not know her name at that time.
He was not allowed to answer as to whether or not they were married at that time.
Witness remembered that they went to New Orleans in 1885 or 1886.
"Now had they occupied these rooms prior to that date?" asked Mr. Lambertson.
The objection of the defnese was sustained.
"How long did they live together before they were married?"
Again the objection was sustained. Mr. Lambertson persisted and was called down vigorously by the defense while stating the reasons. He contended that the state should be permitted to go into this to prove the truth of what Monday McFarland had said she told him on that point in order to corroborate the confession.
"If you will let us go into this thing as to John Sheedy's relations with this defendant we are ready to go with you." exclaimed Mr. Strode passionately. "Mr. Lambertson attempts to stand here and blacken the character of this poor woman, and if we are permitted to go into this and show who it was that dragged her down, we are ready to go into it."
"We will meet you on common grounds." replied Mr. Lambertson. "You gentlement have made two or three bluffs in this case already."
The court ruled the testimony out and ordered it stricken from the records.
He Took Out His Wax.
Peter Crampton, a young colored barber at 930 P street, testified that Monday had worked for witness' father.
"Just take that wax out of your mouth, will you please?" said Mr. Snell, and the witness complied with [alaurity?].
Mr. Sheedy used to come after Monday to go and dress his wife's hair; came on the Saturday before the assault and told Monday to go down and dress Mrs. Sheedy's hair; Monday went and was gone two or two and a half hours. Monday had shaved Sheedy for four or five years; Sheedy was always pretty liberal and always gave him something extra; Sheedy shaved twice a week. Witness had heard Monday say that Sheedy was going to set him up in business; after Sheedy was dead had heard Monday say that he had lost a good friend, as Sheedy intended to set him up in a fine shop.
The Dumb Messenger Boy.
Johnny Klausner had lived in the Sheedy family about two years up to four years ago; was going to school and did chores for board and clothes; thought he left them in 1887 or 1888; had knowd Mr. and Mrs. Sheedy about eight years; had been around there a great deal and [ran?] errands since he quit living there; did so down to Sheedy's death; Mrs. Sheedy had told him that she expected a friend from Buffalo; that was two weeks before witness met Walstrom; she said the name was Walstrom; about a week later she told witness that she wanted him to room with Walstrom when he came; about two days later Walstrom came to the Windsor, where witness worked and asked for witness; identified himself as the young man Mrs. Sheedy had spoken to witness about.
Witness and Walstrom went to the Heater block; witness picked out a room; it didn't suit Walstrom and he packed out a larger and lighter room; they were to pay $12 a month. Walstrom $8 and witness $4.
Witness told about carrying notes between Mrs. Sheedy and Walstrom during the two or three months he worked at the B. & M. shops, sometimes they would be twto days apart and sometimes a week; the notes were always sealed, but never addressed; Mrs. Sheedy told him to come after her notes after school; also carried Walstrom's notes to her after school; had also carried lunches from Mrs. Sheedy to Walstrom, sandwiches, cold chicken, etc.; sometimes a bottle of porter; these lunches would last a week or two; she told them it was for them to eat in their room; had never sent any lunches to witness' room ere Walstrom came to room with him. Also carried a long package from Walstrom to Mrs. Sheedy the Friday after the funeral; didn't know what was in it; gave it to Mrs. Sheedy; sometimes went in by the back gate and sometimes by the front gate.
HERPOLSHEIMER & CO Offer This Week a Line of WOOL DRESS GOODS AT ABOUT HALF PRICE! Including Plaids, Stripes and Brocades. HERPOLSHEIMER & CO. EXPOSITION DEPARTMENT STORES.
This witness was particularly friendly to the defense and the state endeavored to show a reason for it by showing that the boy had been to Mr. Strode's office to read over his former testimony and had twice been to see Mrs. Sheedy in jail once with Mr. Strode and once with Mrs. Dean.
Mrs. Sheedy had sent word to witness that she granted him to come to the funeral, and "she wouldn't think nothing of him any more if he didn't." On Monday afternoon she had told witness to tell Walstrom in relation to Sheedy that she was afraid he was going to me.
Away long last summer same time witness had found Mrs. Sheedy crying and she had told him that she couldn't get along with Sheedy and wanted to get a divorce. Mrs. Sheedy had told witness that she "thought a good deal of Walstrom and wanted Klausner to room with him.
When Charley Carpenter came to the room he called Walstrom out; in about five minutes they told witness of the assault and Carpenter said he didn't think Sheedy was badly hurt.
Witness said that Mrs. Sheedy won't talk to him about Walstrom, would ask how he was getting along and told him that if Walstrom ever got sick or anything not to wait but come right to her and tell her.
The most of this testimony was drawn from the unwilling witness by reference to his testimony at one of the former hearings.
The witness testtified thtat neither Mr. Strode, Mrs. Sheedy nor anyone on their behalf had ever asked him to say one word in favor of Mrs. Sheedy that was not true, but that Mr. Malone and a Pinkerton man, while he was imprisoned, had tried to make him admit things that were not true.
Never saw Monday McFarland about the Sheedy residence. When Carpeter came to the Heater block Walstrom, Mr. Heater and the witness were playing cards in witness' room.
Witness said that he never told Malone about the notes and lunch baskets until he asked him about it. didn't refuse to tell him anything: didn't want to be a witness unless he had to.
Carried a ring case once from Mrs. Sheedy to Walstrom. None of the attorneys for the state had ever asked him to tell no untruth, but detectives had asked him questions and tried to get him to say yes, when it would have been untrue.
Yes, Prior to Last September.
W. C. Hardy, a colored mail carrier said that Monday formerly worked for him in his barber shop; Sheedy got shaved there; McFarland most always shaved there; McFarland most always a shaved him; Sheedy used to come after him to dress Mrs. Sheedy's hair. Monday would usually be gone about an hour.
"Mr. Hardy, do you say that Monday went to dress Mrs. Sheedy's hair more than once prior to last September?" "Yes, three or four times at least." "When was that?" "About two years ago." "You are sure that was prior to last September?" "Yes, sir, that is what he said he went for." "Who got him to go there?" "Mr. Sheedy." "Prior to last September?" "Yes, sir, prior to last September."
It was apparent from the account [?] upon the "prior to last September and its frequent repetition that the [?] to deny that part of the [?] story which was to the effect that he had been dressing Mrs. Sheedy's hair for years is untrue.
As no more of the witnesses for the state were present court adjourned [?] o'clock until 9 a. m. to-day.
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[?????????????????????????]
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THE BURLINGTON ROUT.
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To Chicago and East, Denver and West, Deadwood and North, St. Louis and South.
The great popularity of the Burlington was gained, not by running down her neighbors but by "booming their own line, until the legend of "Burlington Route" has become a synonym of speed, safety and enjoyment.
If you want to go east, west, north or south use the Burlington for the single reason that when you pay your money you naturally want the best to be had and you do not miss it if you travel by this popular line.
This is the direct route to Deadwood and Dakota Hot Springs, the great beach resort of the Black Hills, Estes park in the Rocky mountains, in another cool retreat reached only by the "Burlington," in fact, there is not a point of prominence in the country that cannot best be reached by this route.
If you want any information whatever pertaining to railroads, or want to reserve sleeping car accommodations days, or even weeks in advance, you can do so by applying at B. & M. depot or city office, corner O and Tenth streets. A. C. ZIEMER City Passenger Agent.
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Stearnship tickets at 1133 O street
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BURLINGTON ROUTE PLAYING CARDS
I now have a large stock of [?] playing cards, which are sold at the low [?] of 15 cents a pack, not one quarter the price usually paid for such cards, [?] in and get a dozen packs, they are just the thing for your eucher, whist and lugh five parties this wintner. A. C. ZIEMER. C. P & R. A.
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MILK
If you want a new milkman telephone Porter. No. 680. 1107 N street.
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Beechman's Pills act like magic on a [??]
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Children Cry for Pitcher's Castoria.
25
DEATH DUE TO MORPHINE
SUCH IS DR. BEACHLEY'S OPINION.
The Difference in Symptoms of Compression of the Brain and Morphine Poisoning.
Some of the Fair Defendant's Little Attentions Toward Walstrom Took the Form of Night Robes With Pink Trimmings.
Close of the Second Week.
The Sheedy trial reopened yesterday morning with the usual large crowd in attendance. The testimony adduced yesterday was not lacking in interest, especially that of Dr. Beachley, whose opinion as to the direct cause of Sheedy's death is in direct conflict with that of Dr. Hart, who testified on Monday. It will be remembered that Dr. Hart gave it as his professional opinion that Sheedy's death was caused by compression at the base of the brain, due to the shock from the blow with the cane. This theory would throw the direct responsibility for the murder upon Monday McFarland making it necessary for the state to prove Mrs. Sheedy connivance with the darkey in order to hold him any way responsible. The testimony of Dr. Beachley is directly in opposition to this theory and while it does not fix the [crinie?] upon Mrs. Sheedy, shows that he found the conditions and symptoms such as to indicate morphine poisoning. The witness went into details to explain the difference in the symptoms accompanying compression and those of morphine poisoning.
The testimony further related to Mrs. Sheedy's tender solicitude for her new found chance acquaintance and "sweetheart." Harry Walstrom, who, it is claimed, has found it convenient to be in Europe during the trying scenes through which his late patron is now passing. It shows how she purchased a number of articles of wearing apparel, among the rest some pink-embroidered night robes, neckties, socks, etc., which were subsequently found in Walstrom's trunk.
Mrs. Sheedy evinced the utmost serenity during the examination, and, while apparently listening intently to the evidence, took no part in the examination, as she had on the previous day by whispering pointers to her counsel.
Walstrom's Pink Embroidered Night Robes.
Albert Katzenstein was the first witness sworn in the morning. He was examined by Mr. Hail. Lived at 1301 E street and had charge of the gents' furnishing goods department at Herpolshermer's; on or about Christmas sold Mrs. Sheedy two gentleman's handkerchiefs, couldn't describe the handkerchiefs minutely: couldn't tell the size of them. Witness' attention had been called just ofter the murder to some muslin night shirts with embroidered fronts, just like some he had sold to Mrs. Sheedy on or about Christmas; they were unlaundried when he sold them and didn't think they had ever been worn or laundried when afterwards shown witness by Malone, although they were wrinkled badly; couldn't remember whether or not Mrs. Sheedy said for whom she was buying the night shirts; knew John Sheedy was quite a large man but couldn't swear positively whether or not the shirts would be suitable for him. The shirts had white insertion on the front and pink embroidered edges in front and on the collars and cuffs, and were made by the Queen City company. The witness had evidently lost some of the confidence with which he had formerly identified the handkerchief and shirts found in Walstrom's room as the one's he had sold Mrs. Sheedy about Christmas. He knew they were just like them, but couldn't begin to swear they were the same.
"Don't you remember," asked Mr. Stearns, "that when Mrs. Sheedy bought these night shirts she said that 'if these shirts don't fit John I will return them?"
"I think there was something said about fit and return, but I don't remember."
"Didn't she say that if they didn't fit her husband she would return them."
"I don't remember that any name was mentioned."
"Didn't you understand from her conversation that she was buying those things for her husband?"
"One would naturally suppose that she was buying them for him."
"Did she buy any other articles in the store that day?"
"I transferred her to the hosiery counter."
"Do you know whether or not she purchased a ring pouch there?"
"No, sir."
The witness was evidently very glad to get out of the chair. He said that Captain Billingsley had talked to him about the case and had merely remarked that his testimony didn't amount to anything.
They Would Not Fit John Sheedy.
James Catchell, a clerk in charge of the hosiery department at Herpoisheimer's, sold Mrs. Sheedy three pairs of men's black cotton hose, No. 9 1/2; that was within three weeks prior to Christmas; the same hose were shown to witness about the time of the coroner's inquest; identified them by the dye--the Gloria dye; didn't know that any other store in town handled the same goods; sold two pairs afterwards; couldn't remember to whom. Witness would not swear positively that they were the same socks, but believed they were. Identified them by the dye mark; didn't notice whether the mark placed on them in the store was there or not when he saw them last; they had not been worn.
Thought They Were Giving Him Something.
Harry M. Shaeffer was acquainted with John Sheedy; lived right around the corner on Thirteenth street; was at the Sheedy house the evening that he was assaulted; talked to Sheedy; the latter said: "I have no idea who it was that wished to do me up in this manner;" went in on Monday afternoon; was standing at the foot of the bed; Mrs. Sheedy stepped up and took John's hand and said, "If John dies it will kill me; I don't believe the blow would have killed him but I think they were giving him something to put him out of the way;" Dr. Hart was in another room, but couldn't say whether or not he heard the expression; saw no emotions of sorrow or grief; thought her manner and the tones of her voice were very quiet when she said it.
Cross-examined, the witness said that he was in the house three times on the Monday after the assault; witness was present the evening before when Mr. Sheedy was put to bed by Dr. Hart and Dr. Everett: didn't see who put his night robe on, as was out in the next room washing his hands.
The attorneys for the defense, with the type-written testimony of this witness at the inquest before them, pressed the witness hard upon his former utterances, and it appeared that much of his testimody before the coroner had slipped his memory, and he didn't know whether or not he had testified to a great deal of it.
It appeared that in his former testimony witness had testified that Mrs. Sheedy had told him on Monday that John had shown at 12 o'clock Sunday evening peculiar symptoms that Dr. Hart testifies to having discovered at 4 a.m. Monday, but he didn't remember.
Harry's Gorgeous Four-in-Hand.
James Smith, in January last, sold clothing and gents' furnishing goods at Schwab's; Mrs. Sheedy was in the store about the 19th or 20th of December with Mrs. James Hood; she bought three neckties of witness; the ladies were admiring some ties and saw one puff tie the pattern of which suited her, but she wanted it in a four-in-hand; witness had one of the latter which he had ordered for himself; sold it to her with two others for $3.25; afterwards saw this tie and identified it at the coroner's inquest; knew it because it was the one he had ordered for himself; never saw the other two ties.
How Morphine Could Have Been Used.
Dr. Beachley had lived in Lincoln eleven years; had practiced medicine since 1854; was a graduate of a Cincinati medical college and of the medical department of the state university of Indiana: was present at the post mortem examination; such an instrument as the cane could have made the wound; Dr. Casebeer conducted the autopsy; witness assisted him. There was no confusion shown on the internal surface of the skull, which was apparently in its normal condition; the brain was normal; there were no ruptures of any of the vessels and no coagulation. The heart was enlarged, and showed some fatty degeneration; the liver was enlarged but the kidneys were normal; the bladder was full of water. The upper part of the medulla oblongata was examined, but did not cut into the upper of the spinal column. The witness explained the construction of the bones of the skill and the lobes of the brain. Then he gave in detail the symptoms of morphine poisoning and in relation to the contraction of the pupils of the eye said that atrophine had directly the opposite effect from morphine. Sulfonal was a drug that had been in use for about five years as a sleep produce: a dose is from 15 to 30 grains.
"Now assuming," said Mr. Lambertson, "that John Sheedy was a man about six feet and over in height, apparently [?] in good health, but in fact being affected somewhat with fatty degeneracy of the heart, and in the condition revealed by the autopsy at which you were present, and the brain being affected as revealed by the autopsy; that he was, on or about the 11th day of January, struck with a blunt instrument which produced a wound such as you have described; that it was dressed and the patient put to bed; that it was not thought at the time to be a severe wound; that he was given at first ten grains of sulfonate, which he vomited; at a later period ten grains more which he omitted, and at a still later ten grains more in a cup of coffee, which he retained;that he then sank into some kind of a sleep, which continued until about 3 or 4 o'clock the following morning, about nine hours after he was struck, at which time he was found to be breathing heavily, only five or six times a minute, the breathing being what is characterized in medical parlance as "heavy or sterorous;" that his pulse was up to 140: the pupils of his eyes being normal; that swallowing, or deglutation as it is called, was impossible; that his body was paralyzed: that his kidneys and bowels were torpid, and the urine had to be drawn off with a catheter; that he continued in this prodounf state of coma, the pulse alternating or changing from time to time, running down some hours before his death to 95, until at about 10 o'clock on the night following the blow, consciousness not having been resumed during the period between 4 o'clock. at the time he went into this comatose condition and the time of his death, and that at 10 o'clock he died, what in your opinion was the cause of his death?"
To this hypothetical question the defense, and both branches of it, strenuously objected.
Mr. Stearns contended that the question was improper, as it did not accurately state the symptoms.
"If your honor please," rejoined Mr. Lambertson, "there is some difference of testimony as to some of the symptoms I think the question as propounded will square with the evidence the state has advanced, and if it doesn't suit the defense they may formulate a question embodying the symptoms as they find them?"
Colonel Philpott vigorously contended that the phrase intimating that the autopsy had shown the brain to be affected should not be permitted, as he denied that the evidence showed the brain to have been found in no way affected at the autopsy.
The court finally held that the question came within the requirements and the witness replied:
"Well my opinion is that the man died from morphine poisoning, from the symptoms and from the conditions we found in the post mortem examination."
On cross-examination the witness related in detail the conditions revealed by the autopsy.
The symptoms of compression of the brain are nearly the same as those in morphine poisoning except in the breathing, it is not so slow; where you find one breathing heavily and only about five or six times a minute, it would indicate morphine poisoning; where the breathing is equally heavy but at the rate of fifteen or twenty times a minute, it would indicate compression, where the rate fluctuated it would indicate morphine. Compression would be apt to dilate the pupils; would not expect dilation from sulfonal. Compression of the brain is caused by the rupture of a blood vessel, and the blood pouring out upon the tissue. If death had been due to the effects of the blow on the condition of the heart, it would have been apt to occur immediately upon the receipt of the blow.
"What is esteemed to be a fatal does of morhpine?"
"Morphine varies. In some people half a grain would produce death, while in others a much larger quantity would be required."
"Is it any different where it is injected under the skin?"
"Yes sir; the morphine is the more easily, surely and quickly absorbed in the circulation than if it is, put into the stomach, every particle being readily taken up. In the latter case it is very uncertain."
"Suppose morphine were injected under the skin, would its presence be revealed in the stomach?"
"No sir, it might not."
"Where would it it be be revealed?"
"It would be likely to be revealed in the urine/"
"Would the effect be the same if the morphine were put into the wound?"
"Yes, sir."
Upon cross examination the witness testified that morphine administered upon the stomach might lie for three hours without assimilation, but it usually revealed itself inside of an hour.
When the noon hour arrived Judge Field easily coincided with the suggestion that an adjournment to Monday morning would be appropriate, as a faithful week's work had been accomplished and attorneys might have other matter demanding a modicum of attention. An ajournment was therefore had until 9a. m. to-morrow, when the testimony of the other physicians attendant at the autopsy will be given. It is understood that their opinions will differ from either of those given.
Real Estate Transfers.
The following is a list of the real estate transfers filed in the office of the register of deeds May 16:
B McNiel Amith to R. H. Harrison. 10 lots in Lincoln Heights--wd......... ... $1,000 00
Sarah J Worley to P H Sudduth, lots 808, 809, Waverly---n.d. ................................. 150 00
H J Cosgrove to Grandview building association lot 6 Block 4 Cosgrove's add--wd 300 00
C T Brown and wife to Grandview [hallding?] association, lots 4, 5, 6, block 15 Yolande Place add--wd ...................... 1 00
S C Thompson and wife to J Fosfinger, lot 7 block 7, Madison Square add--wd...... -----------------
W H IRvine and wife to W H Ohlman. lots 33, [3?], block [?], W H Irvine's Rd add-- wd...... 800 00
J H McMumry and wife to Thomas Hornby. n [word? word?] and [words?]--wd.......... 3,000 00
S McClay. sheriff, to Wm Sweeny, lots 1, 2, [?], [?] block 20, sprague--wd..................... 227 00
R H Artlett and wife to Matilda Zinsmeler. lot 11, block [?], Growedale--shd....................... 250 00
Row[?] S Craig to [?] Weber, $ 50 [?], n 190 ft. lots 1, 2, 3, block 23, Lincoln--wd.......... 5,000 00
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Total....................................... $ 19,728 00
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Children Cry for Pitcher's Castoria.