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26

'TWAS MORPHINE POISONING

DOCTORS CASEBEER AND WINNETT ALSO AGREE.

John Sheedy's Polished Skull Exhibited in Court and New Found Fractures Shown.

Colonel Philpott Gets in a Hinger on Physician and Triumphs in His Knowledge of Anatomy--The [Ringlets?] in Evidence.

The Thirteenth Day in Court.

There was very little of a sensational nature developed yesterday in the Sheedy trial. There was but a small crowd in attendance during the morning session. The incident that most excited interest throughout the day was the exhibition of a small box containing some glossy tresses which Monday McFarland turned over to the officers after his arrest as evidences of the truth of a portion of his confessions. The next event in the magnitude of the interest it awakened was the production of the crownless skull of the late John Sheedy, which was held up in plain view of the entire audience during the testimony of Dr. Winnett relating to it.

The testimony throughout the day was of an extremely interesting character, and the most perfect order was maintained by the audience so that every word of it might be absorbed.

The importance of yesterday's testimony [my?] in the fact that the two additional physicians examined confirmed the testimony of Dr. Beachley to the effect that Sheedy's death was due to morhpine poisoning, rather than to compression, as claimed by Dr. Hart.

Mrs. Sheedy remained unmoved, as far as appearances indicated, throughout the day's proceedings, by either hope or fear. At times, and especially while the testimony of D. G. Courtnay was being given, she paid an eager, wistful attention to every word, and when some of the questions were being asked she was seen to nod her head in the negative or affirmative, as the answer might be, or murmur some unintelligible reply in a sort of an unconscious manner.

Upon his arrival in court Monday was in whispered consultation for fully a quarter of an hour with Mr. Woodward, which seemed to brighten up his inky features considerably, and when the ringlets of hair were offered in evidence he seemed to be lost in the enjoyment of considerable inward congratulation. During the greater part of the day, however, he was wrapped in the usual stolid contemplation of passing events.

To all appearances Monday has the most implicit contidance in his attorneys. Captain Billingslet has not been among them much of late, but Colonel Philpott has been upon the alert to avail himself of every advantage offered his [cherif?] and so contest, as an ally of Mrs. Sheedy's counsel, every step on the part of the state.

The Draught of the Sheedy Place.

[F.C. Flak], a draughtsman whos has prepared a plat of the Sheedy house and grounds for use in the case, was the first witness sworn and explained in de-tail the features of draught, which comprised every room of the ground floor, every door and window, every walk, fence, tree or other feature of the entire Sheedy property.

The Interesting Locks of Hair.

S.M. Malik was recalled and testified that he had had in his possession at one time some of the effects of Walstrom, comprising of two or three pairs of socks, two nightshirts and two neckties. The witness described them in the crude way in which men usually describe such matters; didn't know that they were the same that were shown for identification to the clerks at [Herpodsheitner's; was present at the coroner's request when Smith identified the neckties delivered them when he was through with the to Sr. Strode.

"Have you those things now?" asked Mr. Lambertson turning to Strode.

"No." replied Mrs. Sheedy's attorney.

"What did you do with them?"

"I gave them to Walstrom as he was demanding them."

"Had you a ring belonging to Mr. Walstrom, Mr. Melick?"

"Yes, sir."

"What did you do with that ring?"

"Gave it to Mr. Strode."

"What did you dod with it Mr. Strode?"

"I gave it also to Walstrom."

"Mr. Melick, have you the box of hair heretofore referred to in this case?"

"Yes sir."

"You may produce it."

Mr. Melick took from his pocket a silver matchbox, which he handed to Mr. Lambertson.

"Where did you get this?"

"In a drawer in Monday McFarland's shop."

"Who told you where to find it?"

"I believe Officer Kinney told me of it first."

"Was he with you when you found it?"

"Yes sir."

"Your honor, we will now offer this into evidence."

The box was opened and two white paper packages not much larger than a physician's powder were taken out. They each contained a dainty ringlet.

"We object, your honor." said Mr. Strode, "to the introduction of this in evidence is incompetent, irrelevant and immaterial."

The court overruled the objection and Reporter [Mialon] put his exhibit marks upon them.

Mrs. Sheedy sat with eyes cast down and lips compressed during this discus-sion, as pale as death itself. She never raised her eyes from the floor until Mr. Melick was excused. Before leaving the chair he testified to the finding of the socks, neckties and nightshirts in Walstrom's trunk.

The Photos Not in it.

Mr. Shell then offered in evidence three photographic views of the Sheedy residence, one front and one rear view and one from the northwest. The defense objected and they were ruled out as immaterial and irrelevant.

Has Malone a Poor Memory.

James Malone was re-called and testi-fied to having taken the night shirts, socks, neckties, handkerchiefs and underwear from Walstrom's trunk. Also got a ring from Walstrom. The goods were the same as were exhibited at one of the prior hearings and then identified. He also testified in detail to the conversation had with McFarland on the night of his arrest in relation to the purchase of the cane by Monday, when the latter claimed to have purchased it for a man from Black Jills who had come into his shop and asked him to go and buy it.

Sharpenstein, a barber at work there at that time, made the remark to Monday as the officers were taking him away: "Ah, there, I thought they would get you.

They took Monday to the marshal's office and he identified the cane as the one he had bought. When asked where he was on the night of Sheedy's murder he said he had left home at eight minutes before 7 and had gone to the home of Officer Botts; he said that he saw Botts and that Botts saw him. Botts was called in and said he had not so seen Monday. After some further conversation witness told Monday that he knew where he was on that night, that he was at John Sheedy's. Monday did not reply. He was then locked up.

Malone related the details of Monday's first confession to himself and Officer Kinney on Sunday morning early about as heretofore related in the confession subsequently made and reduced to writing.

Mr. Strode examined the witness rigidly upon his testimony before the coroner's jury. wherein he appears to have stated that lie had had a conversation with John Sheedy on the night after the assault and that the latter had said that he thought his assailant was Frank Williams. A number of questions were naked on this point and ruled out. Malone said he didn't say it.

Both Mr. Strode and Mr. Philpott pressed the witness very hard to get an admission from him that he had told them each individually how badly scared Monday was and how he had been led to confess, but the witness declared that he did not remember having seen them that Sunday night and certainly did not tell them anything, wherent the attorneys both looked very grievously surprised and shocked, as if they were contemplating with horror and commiseration the remote hereafter of Jim Malone.

"Didn't you tell me that Sunday night" said Colonel Philpott, "in the corridor of the city jail as you passed you going towards Monday's cell, and I going in the opposite direction, that Monday was in a desperate condition and would commit suicide before mornings?"

"No, sir."

"Did you see me in the jail that night at all?"

"No, sir."

"Will you swear I was not there?"

"No, sir: you might have been there while I was not."

"Do you mean to say, Mr. Malone," said Mr. Strode. "that you did not tell me that night in the office of the police station, leaning over the mailing and talking to me in low tones, that you scared that confession out of Monday McFarland?"

"Yes, sir: I never told you that."

"Do you remember saying anything?"

"I might have said something, but I never said that?"

The defense also subjected him to a rattling fire of questions to show his interest in the case in the matter of a reward. Malone said he did not know of his own knowledge that any reward was offered. but Marshal Melick had informed him there was n reward of $1,000. He had been supplied with funds to the amount of $55 to assist in securing the evidence.

"Wasn't Mr. Philpott down to the jail the night Monday was arrested. prowling around trying to get at the prisoner?" asked Mr. Lambertson.

"Couldn't say that he was."

"Wasn't about half the bar of Lincoln down there trying to get at the prisoner?"

"Not that I know of, sir."

"Wasn't Mr. Strode down there to see the prisoner?"

"Not that I know of, sir."

"Did you ever see me down at the city jail hunting for clients, Mr. Malone?" asked Mr. Strode.

"Can't say that I have."

Mr. Lambertson indulged in some facetious remarks, the purport of which escaped the reporters, and Mr. Strode rejoined that he had had about twice as many cases in the district court during the past two years as had Mr. Lambertson.

"The record is the best evidence on that point," smiling remarked Judge Field, "and if you have exhausted that subject we will go on with the trial of the case."

The witness related in detail the confession Monday made to him and Officer Kinney that Sunday morning in the jail, in which Monday referred to Mrs. Sheedy's "lover," and told how she had invited him to watch her take an evening walk with that lover, young Walstrom It also revealed the fact that Monday had taken the cane to the Sheedy residence at about 5 o'clock on the evening of the assault and left it there with Mrs. Sheedy to await his return.

Believed It Was Due To Morphine.

Dr. H. M. Casebeer was called, had lived in Lincoln five years and practiced for sixteen years: graduated from the medical department of the university of Michigan in March, 1876; was present at the Sheedy autopsy with Drs. Beachley, Mitchell, Coroner Holyoke, coroner's jury and one or two others whom witness did not know; witness performed the autopsy, assisted by Dr. Beachly.

The witness explained how the examination had been performed: gave a detailed description of the bones of the head and face, and located and described the wound inflicted by the blow. He said that the examination had extended to the lower part of the medulla oblongata, the portion lying at the base of the brain with which the spinal cord connects; the medulla oblongata controls the nerves of respiration. A blow upon another portion of the skull might affect the medulla oblongata, but the injury would be apt to be revealed in the autopsy. There was no fracture of the skull revealed in the autopsy.

"Now assuming," said Mr. Lambertson, "that John Sheedy was a man about six feet and over in height, ; apparently a man of strong physical ability and apparently living 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 at revealed by the autopsy; that he was on or about the 11th day of January struck with a blunt instrument which produced a would 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 sulfonal, which he committed; at a later period ten grains more which he vomited, 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 breathing heavily, only five or six times a minute, the breathing being what is characterized in medical parlance as "heavy or stertorous;" 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 profound state of coma, the pulse alternating or changing from time to time. running down some hours before his death to 95, and at times even lower. if not altogether stopping, until 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 the comatose condition and the time of his death, and that at 10 o'clock de died, what in your opinion was the cause of his death?"

"Well, I believe that the symptoms foregoing his death are more nearly like those of poisoning from opium than anything else,and for the reason that no other cause was discovered for his death, I believe it was due to poisoning by some drug."

"Now if, morphine was administered hypodermically, would traces of it be found in the stomach?"

"No, I think not."

"Where would you expect to find it?"

"Well, in the circulation and in the urine."

"So that if none were found in the stomach, it would not be evidence that none had been given?"

"No, sir."

The witness explained that poisonous or toxic dose of morphine was from a quarter of a grain upwards.

The heart was found to have been affected with fatty degeneration, and the other organs were in the condition shown in the testimony of Dr. Beachly. He thought that if death had been the result of the effects of the blow upon the condition of Sheedy's heart, it would have been instantaneous.

"Did you ever hear of a portion of the brain known as the tarbor vitae?" asked Mr. Philpott.

The physician reflected long and earnestly as he replied.

"Don't recall having read of any such using for a portion of the brain."

"You never read of the tarbor vitae,' which is known as the center of life?"

The witness had never encountered it.

"Did you never read Wilson's autonomy, wherein is mentioned an organ of the brain located near the medulla oblongata and called the arbor vitae because it looks like a little tree and was supposed to be the center of life?"

And the gleam of triumphant intelligence that beamed o'er the face of the colonel as the witness admitted his remissness in that respect was the feature of the morning session.

"I studied medicine two years myself," explained the attorney subsequently, still perspiring over his triumph when court adjourned.

The witness explained in the cross-examination that the bladder which had been buried with the body and not forwarded with the stomach for analysis, would have bee more likely to have contained evidence of the poison than the kidneys which were sent.

Court then adjourned for the usual two hour dinner recess.

Afternoon Session.

After dinner the examination of Dr. Casebeer was resumed before an audience that filled the court room, and Colonel Philpott's mephistophehan grin was enlarged and considerably illuminated by his success in concerning with the witness as to was personal technical knowledge of the size of the different organs of the brain.

"How long is the medulla oblongata? Is it two or three inches."

"I should judge it was between two and three inches. I haven't posted up on the minutia."

"Isn't it a fact t hat it never exceeds an inch and a half in length. and that when you said it was between two and three inches, you said so just because I had give these figures?"

"I don't think it is a fact."

"Did you ever know of a case where it was over an inch and a half in length?"

"It was over an inch and a half in this case," replied the doctor.

Colonel Philpott gleamed sardonically at the witness as he arose and hunted a seat at the rear end of the table, murmuring to himself:

"There never was such a case: No such medulla oblongata was ever put on record, and none ever existed unless the big Missouri girl, Elia Ewing, had it stored away in her cranium. I have studied medicine some myself."

Before he got through with Colonel Philpott, De. Casebeer also recalled the fact that there was an arbor vine, composed of white matter in the form of a tree dipping into the grey matter, but said it was of no special importance.

Mr. Strode then took the witness and had him explain the difference between the symptoms of compression of the brain and concussion of the brain. He did so and Mr. Strode pulled a medical authority upon him wherein he had the "witness read to learn that there was no difference in such symptoms. But the doctor didn't find it so. He found that the medical work did say something about cases of "slight" compression resembling concussion.

Mr. Lambertson objected to this method of examining the witness and suggested that the defense should offer its authorities in evidence. instead of badgering the witness with them.

Mr. Strode contended that this could not be done, as the supreme court had repeatedly held.

The court thought otherwise, and after half an hour was spent in hunting authorities Judge Field finally held that such medical works might be introduced. Mr. Strode didn't desire to introduce them, preferring to keep them, and each time the witness attempted to tell the respective symptoms of compression and concussion of the brain and morphine poisoning, he pulled them out loaded to the hilt. The witness gave the respective symptoms of the three, and Mr. Strode pulled authorities upon him to show that the symptoms might easily be confounded. The witness testified that fatal concussion of the brain would leave some collect upon the brain which could be detected with the naked eye is a post mortem examination, and Mr. Strode jerked out a work on medical jurisprudence wherein it was taught that a man could die from concussion in a case where the skull was not fractured and no apparent trade was perceptible in the bain.

The fatty degeneration of the heart, the witness said, lessened the man's vitality and rendered it therefore the more easy for a shock to affect him.

"If a stomach were full of bile, or whisky, or beer, it might take two hours for the symptoms of morphine poisoning to become manifest, but generally it is perceptible in from five to twenty minutes."

"Do you think that a toxic dose of morphine could be given to a patient who had vomited twice in two hours and not manifest itself in less than three hours?"

"Possibly. I have had cases where the stomach was full of bile or liquor where the poison was inert for that long."

"If the stomach was full of food it would hardly lay there a half hour without manifesting itself."

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"A toxic dose is a dose that will kill."

The defense was right after Dr. Casebeer, who was on th stand over three hours. and if he had testified that black was black, Mr. Strode would have pulled an authority to show that black was sometimes unquestionably white.

Monday Did Call Next Day.

D. G. Courtnay was sworn and took the stand at 3:30. Was a warm personal friend of John Sheedy; was near Eleventh and P on the night of the assault; heard the shots and was at the house inside of ten minutes; when he went in Dr. Hart and Dr. Everett were dressing the wound; stayed there about an hour; went away and returned again in an hour or an hour and a half; the doctor said when he first arrived that the wound was slight; it appeared to witness to be a slight wound; witness, Dr. Hart and Mrs. Sheedy put him to bed; she wasn't crying, but was agitated.

Witness conversed with him after he had gone to bed; asked him to describe the person who struck the blow; Sheedy said it was a thick set person and had on a short coat; before Sheedy went to bed he was shown the cane and asked if he could identify it; he said there were many canes like that. Sheedy asked if any of the shots he had fired had taken effect; witness remarked that the policemen had said that they had found blood on the sidewalk: at that Sheedy had said, "I'll go down town with you; I'm all right and I'll go down." Dr. Hart and Mrs. Sheedy assured him that he needed rest and he went to bed.

In recounting the occurrences of the day following the assault the witness related the symptoms as heretofore described and said that he had then remarked that they reminded him of morphine poisoning. He had seen two cases of death from that cause within a few months prior to the murder and Sheedy's conditions reminded him of them.

"Did you on that day see Monday McFarland?"

[?] I did."

"Just state where."

Witness stated that so many people were coming to the house during the day that he locked the door. A few minutes later Monday McFarland came to the door and said he wanted to see Mrs. Sheedy on business. Andy Bayliss was already in there crying, and as witness thought that was what Monday wanted to get in for he wouldn't let him in. In a short time he found him trying to get in at another door which the girl had opened. He told witness that he wanted to see Mrs. Sheedy on business, and witness told him that Mrs. Sheedy was at the bedside of her husband, that the latter was dying, and that he couldn't get in.

Witness related how Mrs. Sheedy had employed him to look after her affairs. Mr. Lambertson wanted to ask him about what she had said to him after that, but Mr. Courtnay declined on the ground that, as they were said to him as her attorney, he didn't feel at liberty to testify to what was said, but didn't wish to leave the impression that there was anything damaging to her.

Mr. Strode whispered briefly with Mrs. Sheedy and told the witness that he might reveal anything that was said.

He said that on the Sunday afternoon of her arrest when he went into the house, she remarked that he looked at her as if he thought she was guilty, and asked him if he did so think.

"What was your reply," asked Mr. Lambertson.

The defense objected, but after another whispered conversation with his client the objection was withdrawn by Mr. Strode.

The witness said he could not say positively what he had replied.

"Didn't you reply," asked Mr. Strode. "that 'As I love my wife and little girl I believe you innocent?"

"No, sir: I did not."

"Didn't you reply 'Yes, I believe you are?' " asked Mr. Lambertson.

"I don't remember. It was all in a general conversation."

Witness told how he had advised Mrs. Sheedy to have herself appointed administratrix of a part of the estate to preserve her interests, as his impression was at that time that Dennis Sheedy wanted to gobble the whole business. Mrs. Sheedy informed him that Dennis proposed that Mr. Fitzgerald should be made administrator of the whole estate. but he advised her that there was likely to be big lawsuit in the matter and for her own safety she had better be appointed admin stratrix.

Some $550 was found to be available. Of this $500 was found in the shape of checks for rent and $50 was found in an inside pocket of Sheedy's vest. Mrs. Sheedy had the coat and was washing the blood from it, when he cautioned her that she had better not do that. She said that she had found no money in it. Witness knew that it had formerly been Sheedy's custom to carry about with him in his pockets several hundred dollars. That was some time before.

Upon cross-examination witness stated that Sheedy had told him during the night after the assault that he suspected George Bradeen, Mose Smith, Alex Jetes and Frank Williams.

He also testified that Sheedy had employed detectives to watch him and preserve him from a possible assault by his enemies.

Mrs. Sheedy followed every word Mr. Courtnay uttered and apparently approved them by nods now and then. As each question was asked she bent a wistful look at his features in anticipation of his replies, which were in no way hostile, although the defense was frequently intimated that Courtnay was eager for her conviction.

The Cadaver in Court.

Dr. Winnett, one of the physicians present at the autopsy, was sworn. He said he was a graduate of Long Island College hospital New York, in 1870; saw Sheedy on Monday after the addault; he was unconscious, his respirations were about twelve times to the minute; his pulse was 96;his pupils were normal in size; but insensible to light;the body was completely paralyzed. The first impression of the witness from the symptoms was that Sheedy had had an overdose of morphine, but when assured that he had had no morphine witness thought it was due to compression. Was at the autopsy, and would say that the brain was normal; no blood at the base of the brain; didn't think the medulla was quite all removed with the brain.

"Now; then, from the symptoms as you found them and the conditions as revealed by the autopsy, what would be your opinion as to his then condition and suffering?"

"I believe it [?]o have been from the effects of morphine."

The witness gave in detail the symptoms of morphine poisoning. In relation to the pupils of the eye he said that in some cases they remain unchanged in morphine poisoning and cases are reported where one pupil was contracted and one dilated.

The usual time required for manifestations of morphine poisoning was from twenty to fifty minutes, but cases are reported where many hours were required. He had read of a case where in fourteen hours the first manifestations were shown. Would say that three hours was uncommonly long. If the stomach was full the effect would be delayed.

The witness explained at length the difference between symptoms of concussion and compression of the brain and the symptoms of the brain.

"The pupils of the eyes are not so liable to be affected if the morphine is given with atrophine. Atrophine is used to counteract some of the unpleasant symptoms of morphine."

"In some instances a half a grain of morphine is a toxic dose, but I should say generally a grain."

"A dose of sulfonal is from twenty to thirty grains, Ten grains would not be dangerous."

"I would say from the autopsy that there was no compression of the brain. There was not any concussion indicated be anything I [?]."

The witness described the wound at length, and while he was doing so Mr. Lambertson was noticed to be tugging away at the unwilling contents of a pasteboard box."

A moment later he handed to Dr. Winnett a skull with the crown neativ sawed off, The doctor held it up in full view of the audience.

"Doctor, whose skull are you holding in your hand?"

"It is the skull of John Sheedy."

Mrs. Sheedy made a nervous movement, raising her handkerchief to her eyes, but in an instant resumed her composure and with the utmost fearlessness contemplated 'the ghastly object held up a few [?] in front of her. Monday's eyes were also turned in the same direction.

"State from the examination you have made of the skull of John Sheedy, whether or not in your opinion the blow that was administered at that time was sufficient to produce death."

"I think so."

"Doctor, was the blow that was administered to John Sheedy and the wound inflicted upon him sufficient in your opinion to account for the symptoms that you saw in his last illness?"

"No, sir."

The witness then explained that an examination of the skull after it was cleaned, revealed the fact that there were three slight fractures in the vicinity of the wound, which was sufficient to alter the opinion he expressed at the time of the autopsy.

As it was later it was decided to leave Dr. Winnett's cross-examination until this morning.

Not Endorsed on the Information.

Mrs. P. H. Swift was next called and took the chair. The defense objected to Her being permitted to testify, as there was no such name endorsed upon the back of the information, the name having been by mistake endorsed as Mrs. Patrick Smith.

The latest effort of the sleepless Crow was directed toward a man whom he needed in the Sheedy case. It is claimed that he approached the man and insisted that if he could remember that he was with Monday McFarland at the time of the Sheedy murder, and could therefore prove an [aline?] for Monday, it would be a high remunerative feat of fond recollection. But all the man could remember was that he had seen Monday McFarland near the Sheedy home on the very evening prior to the one on which the assault was committed with a cane in his hand, and that when he followed him Monday disappeared into the alley at the rear of the Sheedy home. Unfortunately for the state this evidence was discovered too late for use in the trial of this case, as was also the evidence of a lady who saw a man go through the alley immediately after both the first and the second assault.

Gentleman can find Banister's calf shoes at $4. Yates' special sale, 1129 O street.

Two hundred and fifty Herefords, cows that cost $1,000, bulls that cost $2,500. one-fourth the herd imported. the balance selected from the best herds in this country. Some raised by the queen of England. All must be sold, no matter what price they bring, at the fair grounds, Lincoln, Neb., Thursday and Friday of this week, commencing each day at 10 a. m.

WILL BE REPEATED.

The Daughter of Jairus by Holy Trinity Choir and Local Assistance.

Acting upon the numerous requests. the choir of Holy Trinity church, assisted by some of the best vocal talent of the city numbering over forty voices in ally will repeat on Tuesday evening next. May 19, at the church, corner Twelfth and J streets, the sacred cantata "The Daughter of Jairus." which they rendered so well in April last. The service will commence at 8 o'clock sharp. No charge for admission and all seats free. An offertory will be taken up for the choir fund. The following are the soloists: Mrs. C. S. Lippincott, soprano. H. J. W. Seamark and Oscar Easterday, tenors: J. H. Self, bass, organist, Miss Stella Rice; conductor, Mr. H. J. W. Seamark.

MERIT WINS

e desire to say to our citizens that for wars we have been selling Dr. King's New Discovery for Consumption. Dr. King's New Thin Pills. Bucklen's Aruica Salve and Electronic Bitters and have never handled remedies that sell as well or that have given such universal satisfaction. We do not hesitate to guarantee them every time, and we stand ready to refund the purchase price if satisfactory results do not follow their use. These remedies have won their great popularity purely on their merits. J. H. Harley druggist, 11th and O sts.

WHEN GRANT SAID "We will fight it out on this line if it takes all summer," he probably referred to the "Burlington," as everybody knows it is the only "line" worth fighting for in this part of the country.

M LK.

If you want a new milkman telephone Porter, No. 630, 1107 N street.'

Luck is no more related to pluck than is a will o' the wisp to the polar star.

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Notice to Contractors.

Notice is hereby given that scaled hats will be received by the board of public lands and buildings at the office of the secretary of state at Lincoln, Neb., until the [?] day of June, 18[61?] at 4 o'clock p. m., for th erection construction and completion of a two story brick and stone building known as "The State Industrial School for Girls" to be erected at Geneva. Fillimore [count?], Neb., as [for?] plans, specifications and designs now on file in the office of the commissioner of public lands and [?] at Lincoln, Neb.

Contractors [?] he required to conform to rules and regulations as set forth in specific [actions?] adopted by the board.

The board reserves the right to reject any and all [?]. A. R. HUMPHREY

President Board of Public Lands and Buildings Attest: JOHN C. ALLEN

Secretary of State

Dated Lincoln, Neb., May 6 1861

TO WEAK MEN Suffering from the effects of youthful [?] early decay, wasting weakness, lost manhood, etc., I will send a valuable treatise [sealed?] containing full particulars for home cure, FREE of charge. A splendid medical work: should he read by every man who is nervous and dedicated, address Prof. F. C. FOWLER. Moodus, Conn.

The Great French Prescription

Restores lost vitality makes society [anything?], company of ladies a pleasure and married life satisfactory, corrects the effects [?] of [?] to short it gives to middle [women?] and men [?] in years the aspirations and [?] [?] of a healthy young man. $2 or three packages for $5. Three packages are guaranteed to cure, [?] free anywhere [?bers], [drurgists?] and people supplied to J. H. Harvy, druggist, Lincoln , Neb.

ESTABLISHED 1872

J. F. LANSING & CO.,

Real Estate Fire Insurance and Loan Agents.

Money loaned on real estate. [?] [?] and sold houses rented, [?] [for?] [?] residents. Office, room 29 Richards block. Take elevator.

Last edit over 5 years ago by Whit
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27

THREE TRACKS MAY BE LAID

SHEEDY AND THE LINCOLN CITY ELECTRIC

Judge Field Decrees That the Injunction Heretofore Granted Shall be Dissolved

Charles A. Johnson of Emerald COmpromises With the Union Pacific on $400 Cases in Equity and Law

Appeals to the Supreme Court

Judge Field yesterday entered judgement in the cases of John Firzgerald as Mary Sheedy, decreased, against Lincoln City Electric, and the Capital Heights Street Railway companies.

It will be remembered that Hohn Sheedy [?] suit last December against the Lincoln City Electric company, praying for an injunction to prevent the company, praying for an injunction to prevent the company from tearing up the pav paving on Twelfth street between O and P streets. The injunction was granted, but afterward during the night work then were found on the ground diligently laying track. When officers demanded them to stop that maintained that they were working for another company, the Capital Heights street railway, which also held a franchise giving the privilege of traversing the streets of Lincoln.

Mr.Sheedy at once applied for an order restraining this company also from leaving truck and after a lively chase about the city succeeded about 3 a. m. on Sunday morning in getting a temporary injunction from Judge Field who was awakened from his morning doze for that purposed. After the issuance of two injunctions against the Lincoln City and one against the Capital Heights company a trial was had and the case submitted to the court.

Mr.Sheedy's attorneys alleged that the companies had no valid charter which entitled them to operate cars on any street. They also set up the plea that there were two tracks on the street referred to and that the operation of a third line was contrary to ordinance and would result in great damage to the property.

pending decision of the case John Sheedy was murdered and the case is now in the name of his administrators.

The decree issued yesterday by Judge Field is to the effect that the restraining order heretofore granted in this case be dissolved and that the perpetual injunction prayed for the plaintiff Sheedy is denied and that the defendant have judgement against the plaintiff for costs expended. to this finding attorney of the Sheedy estate filed exceptions and will at once appeal to the supreme court.

Last edit over 5 years ago by Whit
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28

THE STATE TO CLOSE TO-DAY

NEARING THE CLOSE OF THE GREAT CASE.

How the Disagreeing Opinions of Doctors Are Being Aired in a Confusing Way.

They Are [Fastening?] the Murder [on?] Monday- No Poison in the [Bladder?]-Dr. [Mitchell?] Agrees With Dr. [Hart?] as to the Cause of Death,

Yesterday Mrs. Sheedy's Day.

An increased crowd witnessed yesterday's proceedings in the Sheedy trial and listened with the most marked attention to the somewhat wearisome technical dissertations on criminal jurisprudence, materia medica, symptoms and conditions, which formed the burden of the testimony throughout the day. Something of new interest was awakened when the cross-examination of [Dr. Winnet?] brought out the fact that the remains of Sheedy were recently exhumed at the instance of the state and new researches instituted to discover the cause of death. It was in line with questions submitted by the state as to the likelihood of poison administered hypodermically being revealed in the stomach after death. It will be remembered that several of the physicians have expressed the opinion that morphine so administered would be very likely to reveal itself in the bladder. It was in anticipation of these replies, therefore, that the state [recently?] had Sheedy's body taken up and the bladder and liver taken by Professor [Haines?], professor of chemistry and toxicology in Rush medical college. Chicago to that place for analysis. It has been noticed that Hon. Frank Hall, of counsel for the state, has not been in court this week up to yesterday afternoon, and inquiry revealed the fact that he has been to Chicago looking after the investigation. After his return yesterday it was generally understood that the analysis had not discovered the presence of poison even in the bladder.

The above fact, taken with the testimony of Dr. Mitchell in confirmation of Dr. Hart's theory that Sheedy's death was due to compression of the brain, made it appear very much like Mrs. Sheedy's day in court and an awful chilly one for Monday McFarland, but it was not noticed that the latter looked very much cast down.

It was a warm day in the court room and Mrs. Sheedy put in a great deal of time waving the mourning drapery around her head by the gentle [undulations?] of a large black fan. Her demeanor had undergone no perceptible change from that of yesterday and she [evinces?] no signs of fatigue or exhaustion from the long trial. She is apparently as strong, and even stronger and more composed and hopeful, than during the opening days.

There was considerable craning of necks in the audience yesterday when it was noticed that Mrs. Morgan had momentarily left her place at Mrs. Sheedy's [side?] to make room for D. G. Courtnay, to whom the defense has frequently referred as one hostile to her interests, and to him has the defense frequently, by intimation ascribed much of the active work of hunting up testimony for the state. Yesterday Mrs. Sheedy communicated to him, through her uncle, Mr. [Biggerstaff?], her desire to speak to him and he was soon at her side. For some minutes she poured a whispered stream into his listening ear, and a study of his features failed to reveal the slightest import of her conversation.

For two days the state has been much worried over the inability to find the cane with which the deed was done. It was offered in evidence last week and left, as usual, in the custody of the stenographer, Myron Wheeler. The latter was called away on Saturday or Sunday, and before going put the cane away so securely that neither [Reporter?] Muilon, Judge Field or any of the court officials have been able to find it.

When court convened at [9:15?] Dr. Winnet was cross-examined and testified that he reached the Sheedy residence about 2 p. m. on Monday [?] was there about twenty minutes; the opinion [?] of the physicians there, possibly with the exception of Dr. Woodward, was [that?] death was due to pressure of the brain; was present at the autopsy; the examination comprised the brain, the organs of the chest, the liver, the kidneys and other organs and the stomach was [taken?] out; believed that Dr. Beachley took notes of the autopsy. Saw Mr. Strode there and remembered that an effort was made to exclude him or any one representing Mrs. Sheedy.

At this point Mr. Lambertson chimed in that Mr. Strode had been finally allowed to [remain?] upon the advice of County Attorney Snell and a wordy discussion ensued at once between the attorneys, which the court summarily abated.

Witness said [he?] saw no superfluous moisture [in?] the brain. He described the old bullet wound found in the back of the head and so the bleeding of the brain around it owing he thought, to the removal of the brain from the skull: also described an old and slight depression in the forehead.

"Did you examine the medulla [oblongata?] at that time [?]"

"I looked at it."

"Did you remove all of it?"

"Don't think all of it was removed."

"Did you examine the spinal column?"

"Not at that [time?]."

"Have you done so since?"

"Yes, sir."

"When?"

"About four weeks since."

"[Where?]?"

"At Roberts' undertaking rooms."

"How did you know it was that of [John?] Sheedy[?]"

"Because we removed it from the grave."

"Who were present?"

"Professor [Haines?] of Chicago, Dr. Everett, Mr. Roberts, a gentleman I [supposed?] to be his partner and the sexton at the cemetery."

"Who took any of the organs besides the parts you took?"

"Professor Haines."

"What [did?] he take?"

"The liver and the bladder."

"You have kept this a profound secret, have you [not] doctor, according to instructions?"

"Don't know as I had any instructions, but did keep it more or less a secret."

"Under whose instructions was this done?"

"Mr. [Snell's?]."

After some [further?] examination as to the condition of the parts when exhumed and the care with which they were guarded since, Mr. Strode dropped this branch without asking him as to what he had discovered and took up the discussion of a toxic dose of morphine.

Didn't think that the authorities taught that a toxic dose would manifest itself in from five to twenty minutes. His understanding was that it required from thirty to fifty minutes.

Mr. Strode pulled a book on him, had him read from it that it manifested itself in from five to twenty minutes, and then had him swear that an authority [so?] taught.

Mr. Lambertson objected to the examination of witnesses as to what was in the books, and a [squabble?] ensued.

"Doctor, will you give me a single authority which says it requires from thirty to fifty minutes."

"I attained that impression from reading a tabulated statement of 200 cases of morphine poisoning."

"What was that statement published in?"

"In the half-yearly abstract of medical science."

"Have you that table with you?"

The book was produced and Mr. Strode asked the witness to show him where it was stated that from thirty to fifty minutes was required for the manifestations, and the witness failed to find it.

He said that his impressions from his own practice were to that effect, and Mr. Strode hauled him over the coals for a time as to his own practice. Witness said that he had noticed no symptoms in Sheedy's [care?] which might not have been attributed to compression of the brain; the blow administered to Sheedy was sufficient to produce either compression or concussion.

The cadaver was then produced and the [?] explained the various fractures in the bones of the face, none of which were through the skull, and explained that it took a very severe blow to inflict them. He thought that the blow was sufficient to produce death, but he didn't think that it did produce death in this instance.

Witness said he knew of no postmortem evidence of morphine poisoning to the brain except that the blood is congested in the brain more than at other times.

"I noticed no special evidences of morphine poisoning in the examination of the brain, as I was merely an observer; but I examined more particularly the upper portion of the spinal column-"

Mr. Strode promptly stopped him on that subject.

The witness concluded in reply to Mr. Strode's questions that he was impressed with the idea that Sheedy [died?] from morphine poisoning.

Mr. Lambertson then took the witness and drew him out on the subject of his recent examination of the spinal cord and lower part of the medulla oblongata, Mr. Strode's objections being overruled. He had found the cord in a good state of preservation, but there was [extravasation?] of blood therein and the conditions he-found would indicate morphine poisoning.

Dr. Winnett was asked to explain to the jury certain discolorations in the bones of the skull which were due to blood from the blow, but when he took the ghastly object in his hands and stood up before the twelve good men and true, Mr. Strode objected to the skull being shown to the jury until it was offered in evidence.

"Your honor," said Mr. Lambertson, "I don't think it is a proper thing to offer in evidence. It would be the same were it a spleen or any othe rpart of the body. If the gentleman insists, however, we will offer it in evidence."

"We certainly object to its [being?] shown to the jury until it is in evidence."

"Very well," replied Mr. Lambertson, with the intelligent twinkle that animates his eyes when there is a prospect of war ahead, "you may be seated, doctor. We will now offer this skull in evidence."

To this the defense objected that the skull had been taken up and examined long after the official autopsy and had not been in the care of any person officially competent to take change of it. The court overruled the objection and the skull went into evidence.

The witness explained that his last examination had revealed to him the fractures pointed out, which were not shown at the autopsy, and he was convinced that the blow was much heavier than he had supposed at the time of the autopsy.

Professor Haines of Chicago, who took some of the organs for examination, is a chemist and witness thought him a competent one.

Mr. Strode subjected the witness to a vigvigorous examination as to engaged him to make the examination and how much he was to be paid. He said that he had assisted at the request of Dr. Everett and expected to be paid but didn't know who was to pay him.

Also Thought It Was Morphine.

Dr. M. H. Everett was the next witness. He said he had lived in Lincoln over four years; was twenty-one years in 'the practice and was a graduate of Rush college of Chicago and Jefferson college of Philadelphia; lived just across from the Sheedy residence; was sitting in his front room on the night of the assault; heard a shot and on looking out saw a number of other flashes and a moment later a crowd collected at Sheedy's gate; thought at first he would not go over, but someone called his name and he went over; Mr. Sheedy was standing up inside and near to the front door bleeding badly and Mrs. Sheedy was standing beside him; she was quite calm and collected and was not crying; witness thought Mr. Sheedy was shot and informed him that the bullet had not gone through the skull; Sheedy then informed witness that he was not shot but was struck. Dr. Hart came in soon after. Witness thought the wound slight; remained about half an hour and left Dr. Hart there when he left; was summoned again about 4 a. m. and found the patient suffering from what he supposed were the effects of morphine; asked the doctor if he had given any morphine and when he said no concluded it was due to compression of the brain. Was present at the consuitation as to whether or not [treplaning?] should be tried; the decision was adverse to the experiment.

Dr. Hart had informed witness that he had given three doses of sulfonal, ten grains each; ten grains is a minimum dose; sulfonal is a sleep-producer and has no after effects.

The witness explained the symptoms of morphine poisoning, and said that while the pupils of the eye were usually contracted, they were sometimes dilated and sometimes normal.

In some cases it is impossible to distinguish the symptoms of morphine poisoning and compression of the brain.

[Atroplane?] has an adverse effect on the pupils of the eye from morphine and the two could be given [in?] a dose to counteract the effect of the [?] upon the eye, while the effect as a poison is undisturbed.

The witness said unhesitatingly that the patient was not suffering from concussion of the brain when he saw him.

Morphine administered hypodermically acts more quickly than when taken into the stomach. A toxic dose of morphine will usually reveal itself in a half hour, perhaps, but it may lay some hours.

Was at the autopsy; assisted Dr. Casebeer some. Witness described the organs; had found the brain with a larger amount of fluid than normal, with no gross lesions; it was abnormally wet.

"What was your judgment at the time of the autopsy, doctor, as to the death of John Sheedy?"

"I thought it was due to an injury to the brain, caused by the blow; didn't think his death was hastened by the weakness of his heart; thought that the blow could have killed him."

The witness gave the details of the recent examination made by himself and Dr. Winnett; the body was exhumed and the head, a part of the neck, the liver and the bladder were taken away; the body was well preserved, perhaps by the embalming fluid; the bladder and liver were taken by Dr. [Elaines?], professor in chemistry in Rush medical college in Chicago; he is considered one of the best chemists and toxicologists; recognized the body as that of Sheedy; took the neck and head to Roberts" undertaking establishment and kept them under lock and key; found the bones of the face fractured much worse than had been discovered at the autopsy.

The witness took the skull and pointed out the fractures shown in the upper jaw and other bones of the face. He explained that certain discolorations in the skull were due to the escape of blood into the spongy substance between the inner and outer [coatimes?] and it indicated to him that the blow had been attended by effects much more serious than was shown at the autopsy.

"Doctor, from your examinations of the organs and your knowledge of the symptoms at the time you attended him, what in your opinion was the cause of his death?"

"I think it was due to morphine poisoning."

"If morphine poison, however, had not been administered, what in your opinion would have been the effect of the blow? Would it have produced death?"

"Yes, sir."

Afternoon Session,

Dr. Everett's cross-examination by Mr. Strode was taken up after dinner. He said that he witnessed four of the five shots fired; couldn't see all of the Sheedy porch; there were lights in parlor, sitting room and bedroom when witness got there; didn't notice as to the condition of the north curtains; there were people in the yard, but thought hot in the house, when witness arrived. When witness remarked that the shot had passed through the skin and out again, Sheedy remarked that he had not been shot, but struck, and that he did the shooting himself. Mrs. Sheedy was there and witness thought she furnished the towels. Witness suggested morphine but Dr. Hart said that a dose of morphine once administered to Sheedy had produced unpleasant consequences; suggested morphine because he anticipated that a shock might ensue; this anticipated shock did not [occur?]; knew it didn't by the symptoms; had thought the wound a slight one. The symptoms of a profound shock were given and proved to be about the same as those in morphine poisoning. Witness did not think that he had expressed an opinion that Sheedy's death might have been due to a delayed profound shock, but Mr. Strode quoted his testimony before the coroner's jury to that effect, and he said that while that might have been his opinion then it had been altered by his subsequent investigations.

Witness thought that death might have resulted from compression, but taking all of the symptoms and conditions into consideration he believed death was due to morphine poisoning; had expressed the opinion prior to the autopsy that death was due to the blow.

When witness went back to the house the next morning at 4 o'clock Sheedy was completely paralyzed, both his sensibilities and his power of motion. Was told that three doses of sulfonal [?] ten grains each had been given him; it usually takes sulfonal about one hour to produce sleep; thought fifteen grains a proper quantity to administer to John Sheedy.

Atrophine relieves the effects of morphine as to the [nausea?], and if enough had been given to maintain a normal condition to the pupils, it would not act as an antidote to the morphine poison.

Under ordinary circumstances if a toxic dose of morphine were given in a cup of hot coffee it might manifest itself in ten minutes; it generally takes from five to thirty minutes; the time required to produce death was uncertain; didn't know the general rule; didn't think it was a rule that it did not exceed from ten to twelve hours.

The abnormal wetness of the brain might be produced by an injury to the brain or by opium poisoning; a wound to the brain unperceptible to the naked eye might produce it.

The witness gave in detail the diseased condition of the heart, kidneys and [gall?], and said that while those conditions might lessen Sheedy's power to resist disease, it would cut no figure in case of such an injury as was inflicted by the assault. From the diseased organs witness thought that Sheedy was likely to die at any time.

The doctor said that the second examination of the remains was made at the invitation of Mr. Hall; he was to be paid but didn't know who was to pay him; Mr. Hall had said he would pay him; the liver and bladder were put in jars and taken by Professor Haines of Chicago; they were taken to the Lincoln hotel; they were not sealed up; didn't know whether or not Dennis Sheedy was at the Lincoln hotel at the time; the head and neck were put in a [pail?] and taken by witness and Dr. Winnett. They were kept in Robert's morgue in a [pail?] on a table, locked in the room.

When the witness reached the Sheedy residence after the shooting Mrs. Sheedy had exclaimed that Mr. Sheedy was shot and she wanted them to do something for him immediately. Didn't know whether or not he had testified at the coroner's inquest that Mrs. Sheedy had said on Monday [morning?] that she would give $1,000,000 if he could be restored to consciousness. If he had so testified, she had said it, but he didn't remember. The witness was then excused.

Mrs. [?] Will Testify.

Mr. Snell said that he had [filed?] a motion asking that he be allowed to correct a name upon the information. The law will not permit the county attorney to endorse any new names upon the information after the trial has been begun, but in this instance the name had been wrongly written as Mrs. Patrick Smith, whereas it should have been Swift. It appeared that Mrs. Swift had been subpoeanaed at the preliminary hearing, but had not testified. Everything was regular except that the name had been written incorrectly upon the back of the information. The court held that he would permit the change, and it was decided not to call the witness until this morning, so that the defense can submit counter affidavits.

Monday's Mouth Kept Working

H. P. Love said that on the morning after the assault he met Monday McFarland in front of the Hotel Mack,

OUTING DRESS

[L?]

In [t?]

Elegant line of Sp spect our great range o

HERPOL

EXPOS

Monday came up and out of the basement with a cane in his hand; he was drunk and ran against witness, and Monday said, "Get out of my way or I'll use you like they used John Sheedy" or "I used John Sheedy," witness would not say which.

Cross-examined, witness said he was a brakeman on the B. & M., but Mr. Hall had never talked to him about the case.

[Thought?] Death Due to Compression,

Dr. Mitchell was called and sworn. He said he was a graduate of Rush medical college and had been practicing twelve years. He was present at the Sheedy home about noon on the day following the injury in consultation with other physicians. They discussed trephining or removing a button of the skull to permit access to the brain; the decision was against trephining; witness' opinion was that the symptoms were those of compression and he did not favor trephining.

At this point Mrs. Sheedy summoned the attention of Colonel Philpott and whispered to him. He in turn whispered to Mr. Stearns, and the latter moved aside so that Mrs. Sheedy could see the face of the witness, whereat she appeared to be very much pleased.

Witness was present at the [autopsy?], [but?] took no part in it, because he was there chiefly to satisfy himself as to whether he had been correct in his opinion given at the consultation. The brain appeared perfectly normal, though witness made no close examination.

"From the symptoms as you observed them in John Sheedy's last illness, and from your examination at the autopsy and from your examination of the injuries to the skull to-day, what in your opinion was the cause of his death?"

"Well, the evidences of injury as shown by the skull would not be certain to produce death, and I have seen no reason to change the opinion I first formed that it was due to compression."

He thought that the theory of compression would account for every symptom shown in the Sheedy case. The effects of compression are not always immediately manifest. The pouring out of the serum or blood which causes the presure of the brain may be slow; did not think the examination of the brain was a very critical one: it didn't appear so to him. Saw no fracture of the cranium at the time of the autopsy and saw no clots of blood in the brain.

The doctor's testimony suited the defense pretty snugly and Mr. Strode remarked:

"Doctor, you're too good an anatomist and I'll not cross-examine you."

The Photographs Go In.

S. M. Melick was recalled to identify the photographs of the Sheedy residence heretofore offered and they were introduced in evidence over the protest of the defense.

Drawing Near the End.

"Call your next witness," remarked the court.

"Your honor," said Mr. Lambertson, "we only have about two more witnesses to examine. One of them is Mrs. Swift and the other is Myron Wheeler. The latter has gone away and we don't know when he will be here. By him and his notes we expect to prove the confession before the coroner's jury. If the attorneys for the defense will admit the stenographer's report of that confession we can go ahead without any further trouble."

"I believe," retorted Mr. Strode, "that it was John Paul Brown who said that a criminal lawyer in the trial of a case should never admit anything."

"And I believe he added," smilingly replied Mr. Lambertson, "except in desperate cases."

Mr. Strode protested that he would rely upon the promise hitherto made by the state to have Dennis Sheedy, sr., here when the defense wanted him, and gave notice that they would want him by Thursday morning.

"We will see that he is here when wanted." said Mr. Lambertson, "and if there are any other witnesses who are wanted by the defense we will send for them and pay their expenses."

Mr. Strode complained somewhat strenuously of the fact that young Dennis Sheedy was not present as a witness; saying that as his name was on the information the defense had made no effort to procure him. They [?] supposed that so important a witness should certainly be here at the instance of the state.

"Didn't that same authority you quoted a few moments since," sarcastically inquired Mr. Hall, "say that in criminal cases a lawyer should never suppose anything in reference to the intentions of the opposing counsel?"

Judge Field admonished the counsel that [4:30?] was a little early to shut down work and advised them to [have?] their witnesses ready hereafter. Court then adjourned until 9 a. m. to-day.

GRAND OPENING

of our elegant soda fountain Thursday, May [21], 3 to 9 p. m. Soda water free to all who embrace the opportunity to visit at that time. If you have never tasted of [soda?] you have never yet realized the invigorating and refreshing qualities of this delicious beverage. It will be a pleasure for us to wait on you.

Your friends,

MCARTHUR & SON.

10,000 10,000.

10,000 samples of our new perfume, [McLiss?], to be given away [to?] every lady who attends our grand soda fountain opening Thursday, May 21, 3 to [9?] p. m. Come everybody and enjoy a drink of our delicious soda water free. McArthur & Son, Southeast corner Eleventh and N streets.

EYE AND EAR SURGEON.

Dr. W. L. Dayton, [oculist?] and [aurist?], No. 1203 O street, Lincoln, Neb.

Last edit over 5 years ago by LT11
29

29

THE STATE RESTS AT LAST

ON THE FIFTEENTH DAY OF THE TRIAL.

McFarland's Third Confession, Made at the Coroner's Inquest. Read to the Jury.

The Testimony of Mrs. Sheedy Before the Coroner is Also Read -- Mrs. P. H. Swift Proves an Interesting but Somewhat Unwilling Witness.

Incidental and Speculations.

In spite of the fact that on the previous evening the state had announced that it had but two more witnesses to introduce in the Sheedy trial. it somehow managed to put in the entire day in a most interesting manner in closing up the state's testimony. This was due to the letter opposition evinced by the defense, first to the introduction of McFarland's confession made before the coroner's jury, and next to the reading to the testimony of Mrs. Sheedy before the same preliminary tribunal. But Monday's third confession was read, making the fourth time that the details of his alleged [ambrous rulations?] with his fair co-defendant, and her alleged subtle cunning in leading him to put her husband out of her way, have been recited at length to the jury. And Mrs. Sheedy's testimony went in also. To say that that jury has paid strict attention to the salacious details of that confession is putting it entirely too mildly. No prattling [?]chin in H. loving mother's arms has ever listened with more wrapt attention to the fairy tales so fraught with interest to the child than have they bent upon that startling story of duplicity and sinfulness. They have leaned forward in their chairs until two semi-circles of six heads each, one above the other have encircled the bend of Stenographer Wheeler in uncomfortable proximity thereto, and when one hand was not sufficient to guide the sound. unwasted; into each individual ear, both hands were willingly and eagerly utilized for that purpose. The attention they have given it would hardly be an indication that they have esteemed it the ignorant vaporings of an entrapped negro. It would indicate that they at least deem it worth consideration.

Myron [B.?] Wheeler, who, as deputy state auditor, has been absent for several days settling up the affairs of the defunct Nebraska Insurance company, was on hand yesterday as a witness for the state and the cane was reproduced. He was so busy, however, with other affairs, that he was out once or twice when the state wanted him, and once Mr. Lamberston asked that an attachment issue for him. In a moment, however, he appeared and Judge Field ordered him to forego his other duties and remain in the court room.

There was more acrimonious contention on bickering among the attorneys yesterday than on any day since the trial began and even the patience of Judge Field gave way to several feeling admonitions.

It must have been a day of varying emotions for the defense. and if one could judge from the testimony there were very few pleasing ones for them either. [Wiren?] Mrs. Sheedy entered the court room in the morning there was more color in her pale cheeks than has been noticeable since the trial began, but it disappeared immediately upon the state's prosecution to read Monday's third confession. The gravity that was pictured in her features remained until the witness. Mrs. Swift took the stand when it perceptibly gave way to anger.

Was Monday Under Oath.

The first thing that aroused the interest of the spectators at the morning session was the offer of the state to have Monday's confession read. The first witness called brought on the conflict. It was objected to by the defense, as it was claimed that Monday had been sworn [ere?] he made it.

T. C. Munger had lived five years in Lincoln: was it lawyer by profession; was a member of the coroner's jury and knew Monday McFarland; [hee?] was before the jury on the Monday after the death of Mr. Sheedy at about 4 p. m.: he made a statement before the jury; took him about half an hour. witness' recollection was that Monday was not sworn. Several circumstances occurred to indicate that he was not sworn. The witness was asked to relate Monday's confession made at that time.

The defense objected for the reason that this confession was made subsequent to other confessions which were made under duress, that it was not voluntary, that the person making the statement was under arrest at the time charged with the murder of John Sheedy and that the statement was made under oath.

In relation to the admissibility of a confession before a coroner's jury, the court asked counsel to submit authorities. and upwards of an hour and a half was devoted to the citation of decisions and the arguments. Mr. Stearns read a number of authorities to the effect that a defendant's statement made at a preliminary hearing or coroner's inquest. If made under oath, is 'not' admissible in evidence against him on the trial.

Mr. Shell cited a number of later decisions from the same states holding the reverse, and especially a decision to the effect that where two persons are charged jointly with a crime the admission of one of them before a coroner's jury, even though made under oath, is admissable in evidence.

Mr. Lambertson then gave the audience an earnest of what may be expected from him in the final argument of the case. He thought, in brief, that the ad[ra?]mistration of an oath. instead of ret[?]ring a confession incompetent, should make it more trustworthy.

Judge Weir, Mr. Philpott and Mr. Strode each spoke to the point at issue, and at the close the court announced that he would adhere to the rule established in the case of Warren Cough and would rules out the confession in case it could be proven that Monday was sworn at the time.

Myron F. Wheeler was called to the stand. He reported the confession before the coroner's jury. He said he had a regular mark of his own by which he indicated when a witness was sworn. He has that mark on his notes for Monday, indicating that he was sworn. He didn't remember the administering of the oath, but remembered everything else in connection with his appearance.

S. M. Melick said that Monday was not sworn on the start. but after he had said a few words someone called attention to the fact and he was sworn. That was his recollection; didn't think that the coroner nodded his head and went right along when attention was called to the fact that Monday was not sworn.

Deputy Sheriff A: C. Langdon was sworn and said he took the prisoner from the jail before the coroner's jury and thought he was sworn, but was not positive. When cross-examined witness said that he had no positive recollection about it; if he was sworn he was sworn before he commenced testifying.

Dr. Everett was called to identify as standard medical authorities "Agnew's Surgery" and "Taylor's Principles of Medical Jurisprudence," which were offered in evidence by the state.

Dr. Holyoke, coroner, was sworn and testified that Monday was duly sworn prior to his confession; felt confident that he had sworn him: Monday was brought there in the capacity of a witness. Witness identified the subpoena, which was offered in evidence, and said he remembered distinctly having sworn him; remembered distinctly how he looked; he looked just as he did when he had made his confession on the preceding Sunday, perfectly cool and calm.

The attorneys for the state subjected him to a vigorous cross-examination, but he said he was absolutely positive that he had sworn Monday; remembered it because he was an interesting witness; if he was sworn it was before he had uttered one word of testimony; didn't remember that Monday was asked to stand aside, after he had begun testifying. to permit of the examination of Mr. Goldwater.

These facts which the witness did not remember had been sworn to by all of the other witnesses.

Deputy Sheriff Henry V. Hosgland said he was present when Monday testified and his recollection was that he was not sworn: remembered that some one spoke to the coroner after Monday commenced testifying, asking if Monday had been sworn, and know that he was not sworn after that. Witness didn't remember Monday having stood aside to permit Goldwater to testify and wasn't sure that he was not sworn at first.

Mrs. Sheedy's Testimony.

Before a decision was reached as to the admissibility of Monday's confession, Myron F. Wheeler was called by the state and testified that Mrs. Sheedy was before the coroner's jury on the 15th day of January and prior to her arrest. He had the notes of her testimony given at that time and the state offered them in evidence.

"This is the testimony, as I understand," said Mr. Strode. "which was given before she was charged with the crime?"

"Yes, sir." replied Mr. Snell.

"I don't believe well object, but I should like a copy of it first."

He did object, however, claiming that much of her testimony was irrelevant and immaterial. The court overruled the objection.

The reporter began reading the testimony wherein Mrs. Sheedy gave to the coroner's jury the details of her former marital relations. He maiden name was Mary Gabriele. Married Horace McCool about fifteen years ago and obtained a divorce from her about one year later. Her second husband was George A. Merrill. from whom she was divorced in two years, was married to John Sheedy nine years ago at New Orleans. She then went into detail in relating how Sheedy had long anticipated injury from his enemies, mentioning the man who was sent to the penitentiary for stabbing and several others, among them a man named Gleason, formerly of the Ivy Leaf establishment. She told how she had besought him to tell her of his troubles and enemies, which he had declined to do, and at times had denied that he had any. She said that she had been led by him for al long time prior to last winter to believe that he was not interested in any gambling ventures, probably to quiet her fears. and it was only upon the beginning of the legislative session that she had learned from him that he had a fourth interest in the establishment in the Quick block. She had endeavored to convince him that there was no necessity of his continuance in that business, but without avail.

She related in detail the events surrounding the assaults made upon him at his own door. On the evening when the fatal assault was committed she had gotten supper herself about 6 o'clock. Just before the assault was made he had said he would go down to the Capitol hotel a little while to find out whether or not "we had a governor yet." She was not well at the time and tried to persuade him not to go, but when he persisted she helped him don his overcoat. She thought to herself that if he went down town she would take some medicine and go to bed. She had, therefore, pulled down the window curtains. A little while before he went she opened the front door to let the dog out. The latter went out, but immediately returned, whining and scratched upon the door until she let him in again. She usually went out on the porch with her husband and sometimes walked a short distance with him, but she was unwell that night, and when he started out she started for the kitchen to prepare the medicine. She heard the door close behind him. Immediately afterwards she heard the shooting and ran out upon the porch screaming for assistance, and that her husband was shot. The girl was away from the house all that afternoon. Once that evening she had gone out after a pitcher of water, but had seen no one, On the day before the assault Sheedy had been in remarkably good spirits and young Dennis Sheedy had remarked that he had never seen his uncle feeling so well. She related conversations with her husband after the assault in which he had told her that his wounds were worse than the doctors thought they were, but when she asked him if he thought he was badly hurt he replied in the negative as if to quiet her fears. She had been cleaning his clothing when he asked her what she was doing. She replied that she was cleaning his garments, so that he might put them on in the morning when he went out. He replied that that he would not go out in the morning and asked her to turn down the light and get into bed. He told her that he thought his assailant was a tall man; not a big man, but a tall man. He had never talked much about his troubles to her. Lately when she had asked him to tell her who were the enemies he feared he had declined, and when she asked about Glenson he had said he was a dirty coward.

The reading of this testimony consumed over half an hour, and every word of it was eagerly absorbed by the attentive jury and audience.

The state depends upon it for corroboration of the darkey's confession as it tells of her having gone out after a pitcher of water and of the curtain being down. It will be remembered that the darkey tells of her having come out after a pitcher of water, and that she was to give the signal when Sheedy was coming by raising the curtain. The dog episode will also be used by the state as it will be claimed that the reason the canine did not bark when he wanted back into the house was because he knew Monday McFarland, whom he saw outside. The state will also avail itself of a voluntary statement on the part of Mrs. Sheedy to the effect that she was not in the room alone with her husband after the assault.

Taken as a whole the testimony sounded very favorable to the defendant and was certainly calculated in itself to win her friends, but the state claims valuable assistance from it to prove her guilt.

The Colonel Thought He Wasn't Sworn.

Colonel Robert McReynolds was then sworn and testified that Monday McFarland was not sworn when he testified before the coroner's jury. Witness remembered that something was done about Gold water at that time, but Monday did not give place to him, and no other business interrupted Monday's story; didn't remember anyone having asked the coroner whether or not Monday had been sworn. Witness had it in mind that Monday should not be sworn and any attempt to swear him would have challenged his' attention. Believed Coroner Holyoke had asked him about a month ago if he remembered whether or not Monday had been sworn. Didn't remember having been asked by Mr. Strode and replying that he was not sure about it; didn't see how he could make such a reply when he was sure that Monday had not been sworn.

Court them adjourned for the noon recess.

Afternoon Session.

Upon the reassembling of court the state put Mr. Snell, the county attorney, on the stand. It was apparently ladies' day in court. for the room was full. Witness said he was present at the coroner's inquest when Monday was brought in and according to his recollection Monday was not sworn.

Cross-examined the witess said that Walstrom was sworn, but couldn't say why one was sworn and not the other. He remembered the fact because some one asked the coroner whether or not McFarland had been sworn. The coroner nodded affirmatively, and the witness knew knew then that he had not been sworn. The coroner nodded affirmatively, and the witness knew knew then that he had not been sworn, but did not endeavor to correct the coroner. Witness did not then know that it made any difference. Would not say beyond the possibility of being mistaken that he was not sworn. but had a very strong conviction.

"Then you will not swear that he was not sworn, will you?" asked Colonel Philpott:

"Well, I--"

"Will you or will you not?"

"Your honor," chimed in Mr. Lambertsonm "the witness has answered the question, and--"

"What's the matter now?" roared Colonel Philpott, pounding the table emphatically. '

The court ruled that the witness had already answered the question.

"Does the court sustain the objection?" asked Colonel Philpott.

"The objection is sustained," said Judge Field.

"Give us an exception," triumphantly shouted Colonel Philpott.

Myron Wheeler was recalled and further examined as to whether or not Monday had been sworn, and he was then asked to explain what mark he used to indicate that a witness had been sworn.

The state then asked him to read Monday's third confession and the defense renewed their objections.

Colonel Philpott Answers His Own Questions.

Colonel Philpott then took the stand and, by asking himself his own questions, replied that he was first employed by Monday McFarland's wife to look after his case, explaining how he had been denied admission to his client and that Monday had been taken before the coroner without the knowledge of his attorney.

Cross-examinated, the witness said he had first [soon?] his client in the jail on Sunday morning: talked to him fifteen or twenty minutes: saw him again in fifteen or twenty minutes; saw him very frequently up to noon of that day; saw him three or four times that afternoon; believed either Mr. Strode or Mr. Stearns had also seen him: that was after his confession on Sunday: gave Monday some advice but not as to keeping his mouth shut; saw Monday last at 10 or 11 o'clock Sunday night and never saw him again until after he had been before the coroner's jury; didn't dream that such a thing would be done. He had arranged with Monday to secure Captain Billingsley to assist him.

The state admitted that Monday was confined in jail before he was taken before the coroner, charged with the murder.

Monday's Third Confession Read.

Mr. Wheeler took the stand again, the court having ruled that the confession should go to the jury, they to determine as to its competency as evidence, the state being allowed the privilege of subsequently showing that Monday had been arraigned and had pleaded not guilty on Monday morning just a short time prior to his confession before the coroner's jury.

At about this time Stenographer Wheeler was noticed to be sweating most "stertorously." The room was filled with ladies, and the prospect of reading that confession before them, with its many striking pecularities, could but be an appalling one for a modest man. But he had to do it. He moved his chair over near the jury and read the long confession in a low tone. It was in substance identical with the confession made in the marshal's office. which has been published in every detail.

It required little over half an hour to read the report, during which time the most impressive silence resigned, broken only by the low monotone of the reader's voice.

During the reading the fair defendant exhibited considerable restlessness and her eyes roamed listlessly from the floor to the jury, from the jury to the court and back again to the floor.

Mrs. Swift on the Stand

Mrs. P. H. Swift was sworn and said she had been acquainted with Mrs. Sheedy about two years this summer; frequently visited Mrs. Sheedy for four or five months prior to Sheedy's death; thought Mrs. Sheedy went to Buffalo in the latter part of July or first of August and returned in the fall; thought she went there for medical treatment, as she was in delicate health; saw her after she returned: had some conversation after she returned about her relations with Mr. Sheedy; she said her husband was very jealous of her; she didn't speak of him as if she liked him as well as most women like their husbands: she said it was because he was jealous of her and didn't want her to do as she wanted to in some things didn't even want her to have any lady friends; couldn't remember just what she said as to her feelings for him.

"Did you have any conversation with her wherein she said he had threatened to kill her?" asked Mr. Lambertson.

The defense objected to every question as leading and the court permitted

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EXPOSITION DEPARTMENT STORES.

the attorneys for the state to make them leading, as she witness did not evince an inclination to answer anything unless directly interrogated.

"Yes, sir; she told me that he had threatened to kill her at one time; that was in November of last year."

"What did she say he threatened to kill her with?"

"With a revolver; that was after she returned from Buffalo; it was in the evening when she said it and Mr. Sheedy was not there. Thought Mrs. Sheedy said that the quarrel was about her relatives."

Witness said that when Mrs. Sheedy told her that her husband was going to shoot her witness laughed and told her that she had heard it was because she had given her ring away and told her husband that she had lost it. To which Mrs. Sheedy replied that that was not what the trouble was about; that it was about her relatives.

At another time Mrs. Sheedy had told her that she was very unhappy and had the blues awful bad, because Mr. Sheedy was so jealous of her that she couldn't enjoy herself at all. Witness had once said:

"Mrs. Sheedy, you ought to be happy; you have everything that heart can wish for, and are so, much more comfortably situated than many others."

"Mrs. Swift, give me a workingman any day to live with in preference to the man I live with," was Mrs. Sheedy's reply.

"She always held out to me that she would give anything for a child. Two or three months after she returned from Buffalo she told me she was in a delicate condition, but didn't intend to have a child. Sometime afterwards told me she was all right; that she had used something herself and was all right; that she did this because her husband was mean to her at that time. Mrs. Sheedy once told me that she had fixed to leave him: that was about the 1st of November, after she had returned from Buffalo."

Mr. Lambertson endeavored to draw her out upon a visit at the Sheedy residence one afternoon. She said that she had been met at the door by the servant girl, who did not invite her in. She inquired if Mrs. Sheedy was a home and the girl replied affirmatively. She asked if she might see her. The girl soon informed her that she might. When she went in Mrs. Sheedy came out of the bed room in a few minutes. In a little while she excused herself and went back into the bed room.

"Did you see anybody else in the bed room?"

"No, sir."

"Could you see into the bed room?"

"No, sir."

"What was Mrs. Sheedy's condition? Was she sober?"

"I can't say but what she was. I don't remember that she was not."

"Did you hear any noise in the bed room at that time?"

"I can't say that I did."

During this portion of the examination the audience were, strongly suspicious that there was a "*** in the woodpile," which latter in this instance was the bedroom, but the witness was too reluctant, and if he was in there the state didn't get him out."

Was at the Sheedy residence on the day after the assault and Mrs. Sheedy had told her at 11 o'clock a. m. that the doctor had said that her husband couldn't live; witness had offered to assist, but Mrs. Sheedy thanked her kindly and said that there was, nothing that could be done. Witness had suggested remedies to revive him, but Mrs. Sheedy had said it was useless.

In the cross-examination the defense endeavored to show that the attorneys for the state had been to see her to ascertain what they could prove by her, but she said no on had ever been to see her, and the first time she knew that she was to be a witness was when she was served with a subpoena.

In return for this little investigation the state brought ought the fact that Mr. Strode had had a conversation with the witness to which he had said: " I thought you were a friend of Mrs. Sheedy's." He had also told her that he thought her testimony would go farther toward the conviction of Mrs. Sheedy than any other that had been brought out. Mr. Strode volunteered the remark that the witness was correct. She said he had also remarked that if he had known what she knew about the case he would have been to see her.

In this instance, as all during the case, the attorneys evinced a zealous ambition to show that the opposing counsel had been tampering with the witnesses, and when Mr. Hall, during the early part of the examination of this witness, indulged in some remarks directed toward Mr. Strode, the latter, in a passionate manner, protested against the insinuation that he had been tampering with the witness and hurled it back at Mr. Hall as an insult. The court quietly advised less clamor among the attorneys and more attention to business.

The witness was subjected to a vigorous cross-examination, in the course of which it was the endeavor of the defense to make it appear by her own testimony that the witness had frequently met Sheedy at his house during his wife's absence in Buffalo and her replies to Mr. Strode made it look extremely bad for her until Mr. Lambertson gave her a chance to explain that she visited Mrs. Dean. Mrs. Sheedy's sister, who was at the house, and was never there except when Mrs. Dean was present. Mr. Strode also asked the witness if she did not receive a Christmas present from Mr. Sheedy, and she replied in the negative. Then she was asked if she had not been given a present of three pairs of silk stockings by Mrs. Sheedy, and replied that she had, but didn't know that they came from Mr. Sheedy, and would not have taken them if she had.

Upon the cross-examination Mrs. Swift also stated that she had never seen anything other than what she had related in the relations of Mr. and Mrs. Sheedy to indicate that they were not happy. She denied that when Mrs. Sheedy had told her of her desire to keep from becoming a mother there was any community of interests in their conversation.

She had frequently drank wine or beer at the Sheedy House with Mrs. Sheedy.

During Mrs. Swifts's examination and cross examination Mrs. Sheedy moved up close to Mr. Strode and kept up a constant whispering. She it was, evidently, who inspired the imputations against the winter, as, in spite of Mrs. Swift's stubborn refusal to tell anything that was not positively drawn out by main force of the direct questions put, Mrs. Sheedy glared at her in a manner that attracted the attention of everyone.

After Mrs. Swift had left the chair she was recalled and testified that soon after the shot was fired that night of the first assault she had a conversation with Mrs. Sheedy in which the letter said:

"You see, Mrs. Swift, some one is after him and determined to kill him, and they'll get him yet."

At that time she also said she had the blues and was impressed with a presentiment that something was going to happen to him, and inquired if Mrs. Swift believed in presentiments, where upon witness replied that she did.

The attempt of the defense to impute to her undue familiarity with Sheedy had aroused her mettle, and it is probable that has the state sought to question her further, it would not have been so difficult to induce her to tell what she knew of the Sheedy family.

The Closing Odds and Ends.

Mr. Hall then offered in evidence and inventory of the Sheedy estate, showing it to be valued at $57, 483.23. It was put in evidence.

Mr. Hall then said that this closed the evidence on the part of the estate, but that he desired to make a statement concerning the analysis. He related how the first chemical analysis by Professor Vaughn of Ann Arbor had revealed no poison in the stomach and how the second by Professor Haines of Ruth medical college had failed to reveal the presence of poison in the bladder. He thought it fair to the defense to make this statement, but the state still contended that morphine had been administered and had passed out of the system.

A number of standard works of medical authorities were introduced but the state and Mr. Lambertson declared that this closed the case for the prosecution.

Judge Field stated that the defense could go ahead then or wait until morning as suited it. The latter was the wish of the defense and court adjourned at 5 p. m. until 9 a. m. to-day.

The attorneys for the defense had not decided last evening whether or not Mrs. Sheedy will be put on the stand. It is said she wants to testify, but there is a difference of opinion among her counsel as to the ad visibility of subjecting her to the cross-examination which the state has in store for her.

Order Ice at the Lincoln Ice company 1040 O street, Telephone 225.

Hathaway Soule & Harrington's cordovan for men's wear, $4.25. Yates special sale, 1129 O street.

Gentlemen can find Banister's calf shoes at $4. Yates special sale, 1129 O street.

The ladies of the Vine street Congressional church will serve strawberries and ice cream at the church on Friday evening at 8 o'clock.

ENJOYMENT AT CUSHMAN.

The Park Taken Possession of by Jerpolaheimer & Co.

Cushman park was turned over yesterday to the tender care of Herpolsheimer & Co. who had invited their friends and patrons to join them in their annual outing. A large number went out in the morning and passed the moon hour by joining a basket dinner. During the afternoon the merry crowd of picnickers was swelled in numbers by the arrival of several hundred people.

Dancing, boatriding, swinging, promenading and defining in hammocks contributed to the pleasure of the occasion until 7 o'clock when Professor Wellington and his air ship were the center of attraction. As promised he made one of the most beautiful ballon assentions ever witnessed. The ballon after being inflated shot upward with the daring aeronaut danging to it by a mere piece of cloth. Owing to a downward current of air the balloon did not rise high enough for him to make the parachute leap until it had passed out of sight.

At 9 o'clock the pavilion was lighted up and to the delightful strains of Hagenow's orchestra the young people spent the evening dancing. The last train carried into the city several coach loads of people who will remember this annual outing as one of the most successful yet given.

MILK.

If you want a new milkman telephone Prter, No 630, 1107 N street.

FRESH FISH.

All kinds constantly on hand at A. Booth Packing company, 1025 P street.

Steamship tickets at 133 O street.

GEOLOGISTS HAVE DECIDED the earth's crust to be over 100 miles thick. This is about the thickness of the man's head who buys his railroad tickets by home inferior and poorly equipped line when he could get a ticket by the "Burlington" at the same rate.

SWEET INNOCENCE.

SALEM, MASS, May 20. --A fourteen-year-old girl, Rosie Duce, is under arrest for attempting to set fire to the Naumkeagmill No. 1 last night. She says that she thought if she could turn the mill she would not have to work.

SECRETARY KENTS SALARY

FINALLY FIXED AT $500 BY THE SCHOOL BOARD.

A Stormy Session of the Board of Education, at Which Some Pleasant Personalities Were Indulged to.

Rent Don't Appear to Be In It.

That, was a decidedly tempestuous meeting of the board of education that was held Superintendent Jones' rooms last night. President Greenlee presided and all members of the board were present. After the regular routine of business was disposed of President Greenlee announced the following standing committees:

Finance and Claims--Wickersham, Kent, Miss Elliott.

Teacher's Examinations and Salaries-- Miss Elliott. Jones. Greenlee.

Building and Sites--Jones, Wickersham, Goodell.

Text Books and Course of Study--Mrs. Upton, Greenlee, Dales.

Furniture and Supplies--Kent, Miss Elliott, Wickersham.

Sanitary Affairs and Janitors--Goodell, Dales, Edson.

High School and Library--Greenlee, Mrs. Upton, Jones.

Repairs and Care of Grounds--Edson, Goodell and Mrs. Upton.

Rules, Regulations and Printing--Dales, Edson, Kent

The harmony that had characterized the proceedings up to this stage vanished like dew drops in the sun when Wickersham moved that the board preceed to fix salary of the secretary for the ensuing year by ballot. The roll was called and the motion was lost. Greenlee, Edson, Dales, Miss Elliott, Mrs. Upton, Kent and Wickersham voting no and Jones and Goodell aye.

On motion of the Jones the duties of the secretary were fixed in accordance with the rules laid down in the statues, Greenlee, Goodell, Jones, Miss Elliott and Dales voting in the affirmative and Kent Edson, Mrs. Upton and Wickersham in the negative.

After the vote was announced Secretary Kent arose and became very personal in his remarks in reference to Mr. Jones, asserting that the action of that gentleman in making the above mention was very gentlemanly. Colonel Kent became so pointed in his remarks that he was mildly called down by the president. Edson, who appears to be very partial to kent, the arose and acensed certain members of the board with voting against Kent. Mr. Edson, having given vent to his feelings, sat down. He across again, however, and moved that Secretary Kent's salary be fixed at $1,000 per year. The motion was lost, the vote standing: Ayes--Edson, kent, Wickersham. Noes--Greenlee, Goodell, Jones, Dales, Miss Elliott and Mrs. Upton.

Kent again took the floor and said that last year when the secretary's salary was $125 per mouth. Greenlee and every other member of the old board who were opposing him were very much in favor of the figure then. It appears, he said that every technicality came takon advantage of to keep the salary down because it was Kent.

Goodell moved that the salary be fixed at $55 per month. The motion was lost. Greenlee, Dales, Edson, Kent, Mrs. Upton and Wickersham voting up, and Jones and Miss Elliott voting aye.

Greenlee then moved that the secretary's salary be fixed at $[30?] per month. The motion was lost also. Greenlee, Elliott, Goodell and Jones voting aye and Edson, Kent, Wickersham, Mrs. Upton, and Dales voting no.

Edson next moved that the salary he made $50 per month, but this motion was also relegated to the shades of oblivion, all voting no except Edson and Kent.

On motion of Jones the salary of Secretray Kent was fixed at $500 per year. The roll was called and the vote stood: Ayes--Jones, Greenlee, Wickersham, Edson, Dales; noes-- Kent, Mrs. Upton, Miss Elliot, Goodell.

Having settled the troublesome question the board resumed business. W. A. Hackney was elected census [enomorator?] fo the schools at a compensation of 2 cents per head.

The board the adjourned.

HAPPILY WEDDED.

Marriage of Mr. Thomas D. Thrash and Mrs. Helen A. Leslie.

The ceremony that joined the lives and united the fortunes of Mr. Thomas D. Thrash and Mrs. Helen A. Leslie, was performed by Elder Howe at his residence at * o'clock last night in the presence of a few select friends of the happy couple. The groom has been a resident of Lincoln for about five years and is a representative position in THE [?] news room. The bride is well known in Lincoln and is a lady of science and education. The congratulations of a host of friends and acquaintances of the happy couple are expected. After a visit to Denver Mr. and Mrs. Thrash will make Lincoln their future home.

Steamship tickets a 1132 O street.

There will be a strawberry and ice cream festival held at the Baptist church corner of Fourteenth and K streets by the young people's local union of the First Baptist church this evening. Strawberries and ice cream, 15 cents.

Children Cry for Pitcher's Castoria.

Last edit over 5 years ago by Whit
30

30

THE CASE OF THE DEFENSE

IT RESTED AT 4 P. M. YESTERDAY.

A Defiant Witness Arenses the Threatening Determination of Judge Field.

L. C. Burr and Hymen Goldwater Pitted in a Contest of Veracity--The State's Rebuttal Apparently Effective--Gleason's Alibi

Testimony Will Close This Morning.

There was but a very small crowd indeed present when court opened yesterday morning in the Sheedy case, but it swelled perceptibly each time the doors were thrown open between the examinations, and by the noon hour the usual multitude was indulging in a neck-craning and car straining contest to catch the import of every syllable uttered. The afternoon session brought out still a larger crowd. They had brought their risibilities with them and several incidents occurred to tickle them immoderately, so that the bailiff's gavel was not solely an ornament at all times. It may not be just exactly appropriate for one to laugh at an incident occurring in so solemn a situation as the precincts of a courtroom where a murder trial is in progress, but when the several occasions presented themselves yesterday the crowd grasped them with a will, and the court indulged in no empty exhibitions of assumed dignity by any stern reprimands.

There was little testimony of any startling importance brought out, but there was considerable that was slightly sensational in its tone rather than in its hearing upon the main features of the case. The most sensational feature of the day was the refusal of one of the witnesses for the defense to reply to a question by Mr. Hall until he had thrice been admonished by the court that he had better reply. And it was noticed that the ruddy expression of good humor which usually adorns the features of Judge Field had evacuated the premises and had given place to several mud-painted snowdrifts of somewhat passionate determination when the court sounded its third threatening admonition. They plainly told what the inevitable consequences of a further refusal to answer on the part of witness Carder would have been.

Another sensational feature was the contest of veracity between W. W. Carder on one aide and several witnesses on the other, a similar contest between Ab Carder on on side and two members of the green cloth fraternity on the other, and last but not least a similar contest between Hymen Goldwater and L. C. Hurr.

Mrs. Sheedy was in a contemplative mood all day and did little to increase the usual attention paid her by the spectators. Monday McFarland's stolid calm was unbroken, but the settled frown upon his inlay features did not indicate the utmost good health and serenity of mind. He looked to be a very sick defendant.

Attorney Burr on the Stand.

L. C. Burr was the first witness sworn. He related a conversation had with Hymen Goldwater about two months ago in the presence of John H. Hart, in which Goldwater had said that James Malone had offered him $300 if he would testify that he had sold this cane to Monday McFarland; a meeting was afterwards held at which Marshal Melick and Mayor Graham were present, and they raised the amount to $500; Goldwater wanted witness to bring suit against them for the amonut. Witness said nothing had been said about the agreement having been made with Goldwater's boy; Goldwater said they have agreed to pay it to him, but had mentioned the boy at that time.

On cross-examination witness said that Goldwater was a foreigner of some kind and might make mistakes in expressing himself; witness remembered fairly well what was said and the impression it made on his mind; was quite certain that Goldwater said that the had promised him instead of the boy; didn't feel that Goldwater's talk to him was in the nature of a privileged talk to his attorney; wasn't sure that Goldwater said the word testify, but had said they had offered him that sum to tell how, it was that the colored man bought that cane.

Carder Saw Malone in Court.

W. W. Carder was the next witness called. He said he had been on the police force for nearly two years; was about police headquarters on the night of the assault and saw the cane that was brought in.

"Look at that and see if you know what cane that is?" said Mr. Strode.

Witness said he recognized the cane brought in that night as one that had belonged to him at one time, but the top on the cane in court did not look like the same that was upon it that night. The cane he had lost had tacks on it, just as did the one he held in his hand. While out one night signaling the officers by wrapping on telephone poles he had knocked the head off: had mended it with several kinds of tacks. Every officer in police court that night recognized the cane instantly. As soon as it was brought in witness had remarked:

"Where did you get my cane?"

He thought there was a brass tack in the head, which had since been removed.

None of the other witnesses had seen any brass tack, and Mr. Hall thought he had a ringer on the witness.

"Did the brass tack in the head of the cane enable you to identify it when it was brought in that night, Mr. Carder?" inquired Mr. Hall.

"The witness started to tell something else, but Mr. Hall peremptorily stopped him, with "Just answer my question, Mr. Carder."

"Well, I don't propose to do it."

The witness, who was pale from illness when he came in, grew paler and trembled wit either rage or fear.

"Did you identify the cane that night by the brass tack?" again inquired Mr. Hall.

"Answer the question, Mr. Carder," said the court.

"Your honor, I see two or three witness in the room. When others were testifying I was excluded from the court room, and wasn't allowed to hear them testify. I believe I was about the only witness who was thus excluded under the rule. All I want, 'your honor, is a fair shake, and I positively will not answer until those witnesses are removed," and he [?] [?] his spectacle case down upon the reporter's desk with emphasis.

Judge Field was noticed to be turning a little pale himself about this time.

"Mr. Carder, there is no use of talking. You will have to answer those questions, or --"

"Answer the question, Mr. Carder." came from Mr. Strode in low tones directed only to the hearing of the obdurate witness.

"Your honor," said Mr. Strode, "all he asks is that those witnesses be removed as a matter of fairness."

"The court will manage that and will see that no unfairness is permitted, Mr. Strode. Mr. Carder. I can assure you that you will be required to answer those questions, and if you deline it will be a painful duty to inflict punishment upon you. I will give you one more chance. Read the question to him Mr. Reporter."

"Did you identify the cane that night by means of a brasstack."

There was an impressive pause ere "No, sire," came feebly from the trembling nad reluctant lips of the witness, and there was a sigh of relief from all present.

The witness denied that he had ever told Deputy Sheriff Hoagland that he had first thought it was his cane, but that he had subsequently discovered that it was not.

The attorneys asked him if he had not told the same thing to others, whom they named, and he said he had not. He might have told them that he could not identify it positively as his cane.

Jailor Harnes Knew It by the Scallops.

William Barnes, city jailor, was the next witness called and he also said that he identified the cane in court as the one brought in that night from the Sheedy residence, and at that time identified it as Carder's cane. [Filentitied?] it by the two scallops (dints) about five or six inches below the head; there were two of them in Carder's cane; had had Carder's cane in his hand about a year and a half ago; if it hadn't had the scallops, from its general appearance would have thought it was Carder's cane; identified it by the scallops.

When shown the cane the witness was enabled to count four or five scallops at the point named and couldn't tell by which ones he identified it. There was no brass tack in the head when it was brought in that night.

What, Never? Hardly Ever.

Mr. Carder was recalled and asked whether or not he had ever had a conversation with C. E. Alexander, reporter for THE JOURNAL, in which he had said that the cane was not the one he had lost. He said he had not.

Mrs. Sheedy's Sons Shook the Bed.

Miss Fannie Warner was acquainted with Mr. and Mrs. Sheedy: had been at their house and had seen them together at the house since her return from Buffalo; they seemed very attentive and friendly toward each other as far as she could discern; it was not different from their deportment before her trip to Buffalo. Witness was there Monday afternoon at 2:30 and Mrs. Sheedy was kneeling beside the bed beside her husband with her right arm under the pillow. She was saying, "John! John! Don't you know me, John?" She would now and then lay her head on the pillow and weep. Knew she was weeping because she shook the whole bed. Both Sheedy and his wife had taken dancing lessons of witness.

Wept at Mention of His Name.

Mrs. S. M. Melick was called to testify as to Mrs. Sheedy's deportment while the witness was at the Sheedy house. It was after Sheedy's death; saw Mrs. Sheedy; [part of the time she was quiet and part of the time weeping bitterly; broke down and wept whenever her husband's name was mentioned.

Court adjourned at 11 a. m. after a conference between the attorneys and Judge Field, in which it was stated that the defence would probably complete its testimony during the afternoon. It then became evident that it was not the intention to put either of the defendants on the stand.

The Afternoon Session.

At the afternoon session Eugene H. Andrews was called; he said he was proprietor of Cushman park; knew Sheedy and his wife; saw them at the park frequently together last year; as far as he noticed, their deportment toward each other was very kindly; saw them there probably fifteen times; saw them there during the latter part of the season, at the soldier's reunion the 2[7?]th of September. Their general deportment was kindly and he never saw anything that indicated bad feelings; thought from Mrs. Sheedy's deportment she was a perfect lady.

Had heard conversations between them; had also seen her there with ladies when Sheedy was not there: thought they were a devoted couple. At the soldiers' reunion he had said to Mrs. Sheedy. "We have missed you during the summer." Mr. Sheedy spoke to her and she turned her attention from the witness.

What Mr. Marshall Knew.

W. J. Marshall said he knew Mr. and Mrs. Sheedy; lived a block and a half from them: passed by the residence often and saw them there: also away from home: never saw anything that was not perfectly friendly. Had called at the house and heard them talk to each other in a friendly way. Had only heard from hearsay as to her caring for Sheedy when he was stabbed. Passed the residence several times a day and never saw Monday about there.

Cross-examined he said he was at the house once about a year ago and once about two years ago. Only knew from what he had seen; didn't know as he had ever seen a happier couple; didn't know whether or not he had ever seen an unhappier couple.

Carder's Conversations on the Cane.

W. W. Carder was recalled and asked if he remembered having said to Officers Miller and Sipe that he had at first thought the cane was his. but that he was afterward satisfied that it was not. He said he had never stated since the night of the assault that he was satisfied it was not his cane.

Mrs. Sheedy's Physician on the [Rack?].

Dr. N. R. Hook was called. He said he had been practicing in Lincoln five years and Mrs. Sheedy had been a patient of his for several years; remembered that she left the city last July for Buffalo.

"Did you advise her to go, docter?" asked Mr. Strode.

"No, sir."

"State whether she did not object to going because she did not want to leave her husband."

Objection by the state sustained.

State whether or not she did not go to Buffalo at the expressed wish of her husband."

Objection of the state sustained.

Saw her again January 16 and she seemed to be suffering severely with nervous depression; she said she didn't think she could live, she was so depressed. There were people in the front room that day. Didn't know of any other doctor treating her except at Buffalo; as far as he knew he was her medical advisor; was not called to treat her for any ailment in October or November.

The witness was not allowed to say whether he had treated her since her imprisonment.

Brother-in-Law Baker Didn't See Walstrom.

F. B. Baker of Western, Saline county, brother-in-law of the defendant, testified that he was at the Sheedy residence after Sheedy's death; went there Tuesday and staid until Friday was there when young Oppenheimer came: there were in the house at that time Dennis Sheedy, sr., and two brothers, the wife of one of the latter, Mrs. Dean, young Dennis Sheedy and two or three others, with witness and his wife. Dr. Hook was called there that day. The Messrs. Sheedy and the young attorney sat down at the table to sign the power of attorney. Walstrom was not there at that time. Witness had never seen Walstrom at that time. Oppenheimer was there when witness left, and Oppenheimer had not seen Mrs. Sheedy when witness left; she was in the sitting room lying down, and had not come into the parlor. Thought the piano was closed. Was in the room with Oppenheimer about five minutes.

This was in rebuttal of Jacob Oppenheimer's testimony to the effect that when he took a power of attorney over there for the heirs to sign, he handed it to Mrs. Sheedy, who in turn submitted it to Walstrom with the remark, "It's all right. Harry."

Who Sent for Walstrom?

Mrs. Dean, a sister of defendant was at the Sheedy residence at Sheedy's death: Patrick and Michael Sheedy, brothers of deceased, went away on Friday after the funeral; Dennis sent for Walstrom on Saturday afternoon; didn't remember having seen Oppenheimer there; Mr. Dennis Sheedy was there, but the other two brothers had gone home the day before: Mrs. Sheedy was sick in the sitting room on Friday and the doctor was there; so far as witness knew Walstrom was not at the house from the time of Sheedy's death until Saturday; was not there on Friday.

Mr. Dennis Sheedy asked Mrs. Sheedy to send for Walstrom Saturday afternoon; Mrs. Sheedy wrote a note to Walstrom and handed it to Dennis Sheedy, sr. ; Dennis Sheedy, jr., went after Walstrom; he came; witness was not in the parlor when he came; nor was Mrs. Sheedy; young Dennis Sheedy introduced Walstrom to Dennis Sheedy, sr.; didn't know where young Dennis Sheedy had met Walstrom. Witness had met Walstrom at the Sheedy residence a couple of times; just knew him; Mrs. Sheedy and witness went into the parlor just before Walstrom left that day.

"Let me refresh your memory a little." remarked Mr. Hall. "Don't you remember that when Walstrom came Mrs. Sheedy introduced him to Dennis Sheedy and you got up and left the room when that interview began?"

"No, sir, not to my recollection."

But while she was answering in the negative Mrs. Sheedy was nodding an affirmative.

"Don't you know, Mrs. Dean, that Mrs. Sheedy insisted on sending for Mr. Walstrom and that she wanted Dennis Sheedy to see him, and that he was a mere boy?"

"No, sir."

"And don't you know, Mrs. Dean, that when Walstrom came he said, 'Mr. Sheedy, I understand you want to see me,' and that Mr. Sheedy replied, 'You are mistaken: I have not sent for you and did not want to see you?"

"No, sir."

"How much of that conversation did you hear wherein Mr. Sheedy asked Mrs. Sheedy to send for Walstrom."

Witness was not certain. She said she first met Walstrom late in October at the Sheedy home.

Goldwater vs. Burr.

Hymen Goldwater was recalled at the instance of the defense and questioned by Colonel Philpott as follows:

"Did you not tell Mr. L. C. Burr at his office about two months since that you fixed the head of that cane yourself and that you had hold your boy to swear that he had fixed it?"

"No, sir."

"And did you not on the same day thereafter at the same place, tell L. C. Burr that he need not sue for the money for they had fixed it up; and did not Mr. Burr say to you, 'Mr. Goldwater, you did not have that cane in your store at all did you?' and did you not reply, 'It makes no difference, I am entitled to my money just the same?"

"It is a great lie. I was there only but vonce at all," roared Mr. Goldwater, rising from his seat with an air of indignant consternation.

The witness was excused amid a great roar of mirth on the part of the audience.

Burr vs. Goldwater.

Mr. Burr was then recalled and testified that Goldwater had been to his office twice on that day and had said in substance what he had above denied.

Col. Philipott's Endorsement Commended.

Mr. Philipott then said that the defense desired to use a cane which had been taken from Monday's shop after his arrest and had been had in court several times by the state, but it was not present. Judge Field said that they should have asked for it when it was there. The discussion developed the fact that Officer Malone Malone had taken it home.

"if you wish the cane you can subpoena Malone and have him bring the cane," suggested Mr. Lamberston.

"I told you you would want Malone ere you got through," said Hall.

"O, yes, you would like to have us make Malone our witness, so that you could cross-examine him. You want us to give Malone our endorsement," said Philpott.

No, we don't," retorted Lambertson. "Your endorsement would damn anything."

This was the can which Monday was alleged to have secured after the killing to take the place of the fatal weapon, and bad takes off the head so that it would resemble the lost staff.

Philpott vs. Malone

Colonel Philpot then took the stand in behalf of the defense and again proceeded to answer his own questions, as follows:

"What is your name?'

"J. E. Philpott."

"Are you acquainted with James Malone?"

"Yes, sir."

There was a roar of mirthful derision and the court said that judging from the character of the evidence being introduced, the end of the case was drawing near. He hoped that the attorneys would pursue their work to finish in a serious vein.

Philpott then related how he had met Malone in the corridor of the jail and how the latter had told him that Monday was in a desperate condition and likely to suicide before morning.

Melick Todd Malone of the Howard.

Mr. Melick was recalled and testified that Dennie Sheedy had jointly offered $1,000 reward after her arrest: that Dennis Sheedy had subsequently withdrawn in and had made a private offer to witness of $1,000 reward after her arrest; witness had told Malone of it some time afterwards and had told him he should have half of it

OUTING DRESSES, BLAZERS, LADIES' SHIRTS

In the Latest Season's Offering

Elegant line of Spring Wraps will be aspect our great range of Summer Stuffs.

HERPOLSHEIME

EXPOSITION DEPARTMENT

if successful.. Every one of the facts was vigorously opposed by the state, but the court allowed them to go in.

Strode vs. Malone.

Mr. Strode then stood the stand, was sworn and testified to having had a conversation with Malone at the police station on the Sunday evening of the confession of Monday Mc Farland, in which the officer said that they had put Monday into the sweatbox and scared the confession out of him.

Medical Authorities Go In.

The defense introduced a large number of medical authorities bearing on the conditions found in the brain, including Colonel Philpott's now celebrated "arbor vita, the tree of life." and the similarity of symptoms of compression and morphine poisoning.

Also a transcript of proceedings in the preliminary hearing, showing that Walstrom was released.

Colonel Stephney's Perchant for Cawes.

Officer Malone cam in at this point with the cane for which Colonel Philpott had asked, having gone home after it. It was the one Monday had carried after the assault.

P. J. Stephney was called and said he was a cousin of Monday McFarland. The cane was shown him and he said he thought he had had that cane alone last summer; McFarland had complained of having the rheumatism and had got the cane of witness about last September.

The defense offered the cane in evidence and the state objected as it was immaterial, there being no claim that it was the can Monday McFarland had on the night of the assault or that it had any special relation to the commission of the crime.

Upon cross-examination Stepney said he had picked the cane up "somehwere's down about the house," his sister's house, sometime last spring, and used it last summer. Didn't know who it belonged to or where it came from; gave it to Monday right after the state fair one evening. Hadn't seen the can before since the assault; didn't know where this can was purchased or who purchased it. Thought it was the same cane. Also had another cane at his shop; didn't tell Malone that that one was McFarland's; a boy names Hilderbrand left it there after witness gave his own cane to Monday. Witness said he was a cripple and had to carry a cane.

The state undertook to ask him if the overcoat he was then wearing was not the coat Monday had worn on the night of the assault, but the question was not permitted. It was the same, however.

Dennis Sheedy Put Up for It.

Coroner Holyoke was called and said that he conducted the Sheedy inquest; had a portion of the check bone taken from John Sheedy's head at that time. It was the bone that was partially broken loose from the skull. He said it required considerable force to remove it at the postmortem. It was offered in evidence.

He was examined as to the autopsy and knew the heart was enlarged; couldn't say that it was fatty degeneration, as he had not examined it with a microscope and fatty regeneration would not be detected accurately with the naked eye.

He told in detail of having taken the stomach to Professor Vaughn for Analysis and after a contest between the arrayed forces of attorneys the witness was permitted to state that Dennis Sheedy had told him to go ahead and have the examination made and that he would contribute to the extent of $200 himself and the county commissioners had agreed to pay $50. John Fitzgerald had paid witness his expenses for taking the stomach to Chicago upon an order from Mr. Hall.

This closed the testimony for the defense at 4:50 came the impressive announcement from Mr. Strode:

"The defense rests."

Bradeen Was With Gleason

George W. Bradeen was called in rebuttal by the state: was slightly acquainted with John Sheedy; knew William Gleason: was in the club rooms over 124 North Tenth street on the night of the Sheedy assault; William Gleason was in the rooms over the Ivy Leaf, from a little before 7 o'clock until nearly 9 o'clock that night; saw Ab Carder there that evening. Gleason and witness were there at the time and had some conversation with Carder; a man came up and told of the assault on Sheedy, just as Gleason went out.

Cross-examined the witness said that there was gambling going on in that room. He declined to answer the question as to who was running the room, on the ground that it would criminate himself. He denied that any ill feeling existed between himself and Sheedy at that time; there had been, but it had been settled.

"Did you not go past Gus Sanders saloon about 3 o'clock in te morning after the assault?"

"I belive I did."

"What did you see going on there?"

"I don't remember that I saw anything."

Didn't you see Gus Sanders and other parties in his private office looking over some papers?"

The state objection was sustained.

Witness said he did not fo to the Sheedy residence that night of the assault and had certainly not told W. W. Carder that he did go there because he had some interest in the event. Neither had he ever told W. W. Carder that Ab Carder's former testimony was about correct.

Carles E. Alexander testified that he was police reporter on THE STATE JOURNAL, and knew W. W. Carder for two years: had had a conversation with W. W. Carder the week following the Sheedy murder in which Mr. Carder had told him that the cane found at Sheedy's place was not his cane.

Mr. Strode endeavored to show that the witness had been governed in his reports of the preliminary hearings by the dictation of certain gamblers, but signally failed in the absurd endeavor.

Hongland Tald With Carter.

Henry V. Hoagland was called and said that W. W. Carder told him at the Capital hotel on the Sunday night following the assault, in the presence of J. D. Wright, that the cane found at the Sheedy residence was not his can: that it was thought at first was but that it wasn't. Witness had joked Carder about being the man who struck Sheedy, as the can had been identified as his. Carder said it was a mistake.

Fullington Was With Gleason

Andson Fullington was called and corroborated the testimony of Bradeen. He said that Gleason was in the room over the Ivy Leaf on the night of the assault; Gleason came there from 6 to 6:30 and left at nearly 9 o'clock. Remembered that it was that night it was that night because it had been claimed that gamblers did it, and Ad Carder had come in and told of the assault on Sheedy: Ad Carder had talked to Gleason; couldn't remember who came in first that night, Gleason or Bradeen; Gleason went out first. Didn't remember how Ab Carder was dressed. Witness was sure that Frank Williams was in that room that night: didn't remember when he came or when he left; didn't remember when he came or when he left; didn't remember that there was any playing there that night.

Fred Miller Remembered Something.

Fred A. Miller, day sergeant of police, testified that he had a conversation with W. W. Carder in which the latter stated that he had a first thought that the can was his, but that he couldn't identify it as the one he lost.

The defense endeavored to show by Mr. Miller that he, himself, had identified the cane, but were not permitted to do so.

An Authority on Moonshine.

Mr. Lambertson offered an almanac showing when then the moon rose on the 9th day of December, the night of the first assault, and the court allowed it to go in spite of the objections of the defense that it had not been identified as a standard scientific authority.

The state said that it had but two or three more witnesses to offer in rebuttal, but further proceedings were foregone until 9 a. m. to-day, when the odds and ends of all the evidence will be closed up during the morning session. There will probably be no afternoon session.

The Case to be Argued Next Week.

The argument of the case will begin bright and early Monday morning on the fourth week of the trial. Mr. Snell will make the opening argument, and it will probably take two days to hear them all. Mr. Hall will sandwich an argument in between those for the defense and Mr. Lambertson will close, Messrs, Stearnes and Strode will take for Mrs. Sheedy and Colonel Philpott and Mr. Woodward for Monday McFarland. The attorneys for the state expect to consume about two hours each. The defense will doubtless dip into the future much more liberally.

THE SEA SICK PASSENGER

On the ocean cares little about a storm. He is positively indifferent whether he is washed overboard or not. But set right by a wine glassful or two of Hostetter's Stomach Bitters, he feels renewed interest in his personal safety. This fine corrective neutralize in brackish water---often compulsory drank on shipboard to the grievous detriment of health the pernicious purities which give rise to disorders of the [??????????????????????????rest of the paragraph?????????????????]

GERMAN EVANGELICAL SYNOD.

The Second Conference of the Nebraska District Now in Search.

The second conference of the Nebraska district of the German Evangelical synod of North America met at the Evangelical church, corner Thirteenth and V streets, yesterday morning and will be in session until Tuesday. Divine services were had yesterday morning by Rev. P Spedel of Seward and during the afternoon the president, Rev. G. Lutnernau of Osage Neb. made his annual report after which the conference processed to appoint the usual committees and other routine business.

There are nineteen ministers from various points in Nebraska present and eighteen delegates representing eighteen congregations in Nebraska. Divine services will be help every evening at 7:30 and on Sunday at 10 a. m., 2:20 p. m., and 7:30 p. m.

On Sunday afternoon the so called missionary festival will be held in the church and everybody is invited to attend.

When Baby was sick, we gave her Castoria. When she was a Child, she cried for Castoria. When she became Miss, she clung to Castoria. When she had Children, she gave them Catoria.

FRESH FISH

All kinds constantly on hand at A. Booth Packing Company, 1925 P street.

Order Ice of the Lincoln Ice company 1040 O street. Telephone 225.

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