212

WILL THE NEGRO TESTIFY?

Monday Mc Farland's Possible Chance of Saving His Neck.

BRINGING OUT THE STORY OF THE CRIME.

Mrs. Sheedy's Demeanor in Court - What Her Neighbors Know About the Woman - Her Note Carrier Testifies.

Lincoln, Neb., May 15. -[Special to The Bee.]- The prevailing question concerning the Sheedy murder trial is this:

Will Monday McFarland's attorney allow him to go on the witness stand and, by telling the whole truth concerning the plot to murder Sheedy, thereby save himself from being hung?

There is a prevailing belief that since the confession of the negro has been admitted as testimony that his doom is sealed. Only that portion of the confession is to be considered as testimony which incriminates him. It is generally conceded therefore that this confession in connection with the chain of circumstantial evidence to back it is sufficient to convict the negro and either hand him or send him to the penitentiary for life. It is believed now that his only chance is to ask for immunity, go on the witness stand and tell everything concerning Mrs. Sheedy's connection with the crim, who, according to the three confessions of McFarland, was the instigator of the murder. It is not three weeks since County Attorney Snell says he approached Colonel Philpot, counsel for Monday McFarland, and asked him if he would be willing to put his client on the stand in case immunity was offered. Colonel Philpot then replied:

"I will consider the matter."

Snell sayd: "Although three weeks have now passed, Philpot is still evidently 'considering' the matter, as he has not given me an answer."

The prosecuting attorneys feel elated over the strong testimony they have produced already, and when asked today as to granting immunity to the negro in case he went on the stand, Mr. Hall remarked:

"It is not our place to make overtures and we do not propose to do any more than we have already done in that line. If Monday mcFarland's attorneys wish to save their client's neck it is their place to come to us and not for us to go to them."

Mr. Lambertson coincided with Mr. Hall in this matter.

The usual crowd was in waiting this morning for the doors of the court room to be opened long before the time of opening court, and when the portals were finally swing open the crowd rushed in pell mell, scrambling for front seats.

Mrs. Sheedy looked remarkably well today. She was unusually demonstrative, smiled a number of times and put her handkerchief to her eyes once as though weeping. This was at the juncture when Mrs. Dr. Hood, a friend of Mrs. Sheedy's. testified that when Mr. Sheedy was dying he exhibited symptoms of morphine poisoning. At this point Mrs. Sheedy's three sisters became affected and gave unmistakable signs of weeping. When Mrs. Carpenter and Anna Bodenstein, Mrs. Sheedy's domestic, appeared on the witness stand Mrs. Sheedy came forward, took a seat within six feet of the witness stand and cast her magnetic eyes on them with a world of meaning.

Fred Crouse was the first witness called. He testified that on the evening of the murderous assault he was on P Street about fifty feet east of the Sheely residence. After the shooting MRs. Sheedy called the witness to go after a priest. He did so.
Mrs. James Hood testified: "I am the wife of Jim Hood, the saloonkeeper. I have often called at the Sheedy residence and am on the best of terms with Mrs. Sheedy. I was introduced to Harry Walstrom by Mrs. Sheedy. She brought him to my house one evening to introduce him to my daughter. She said Harry was a nice, intelligent young man. She spoke of him afterwards as her little sweetheart. She told me at one time that Mr. Sheedy was angry with her because of her friendship with Walstrom. Later when Mr. Sheedy was introduced to him [?] became conciliated. At one time Mrs. Sheedy came to my house and complained that Mr. Sheedy had abused her and threatened to kill her. She said that she was afraid to go back. She said she had her trunk packed ready to leave her husband. This was in October. At one time Mrs. Sheedy asked me what I thought of young Walstrom. I said that I didn't like his appearance very much. I thought also that he talked too much. The night of the attempted shooting I was with Mr. and Mrs. Sheedy. We went to the musee together. Just before we saw Mr. Sheedy his wife said that she felt as though something was going to happen. When Mrs. Sheedy returned from Buffalo she complained that she didn't like the way she had been received. She got in the city about 4 o'clock in the morning, but her husband did not meet her at the depot, although she had telegraphed him when she would arrive. She told me she didn't believe that he was very glad to see her. The night of the attempted shooting of Mr. SHeedy I was with Mr and Mrs. Sheedy returning from the musee. Just as we reached the gate somebody crouching inside the fence shot at Mr. Sheedy. A moment later the man got up and ran south through the yard. I could not tell whether the fellow was white or black. A moment later the man got up and ran south through the yard. I could not tell whether the fellow was white or black. A day or two later I saw Mrs. Sheedy. She said that nobody could charge Harry Walstrom with shooting at Mr. Sheedy, because he was at work that night. Mrs. Sheedy volunteered this information. I asked her why she said this. She replied that somebody might charge Harry with the shooting simply because she and Mr. Walstrom happened to be friends. I attended the funeral of Mr. Sheedy. At the grave Mrs. Sheedy asked me if a certain young man there was Harry and I said yes. Mrs. Sheedy wept considerably the night her husband died. I did not see her shed any tears afterwards, although she seemed to feel very badly. As soon as Mr. Sheedy breathed his last we took her upstairs and she seemed to weep. Mrs. Sheedy and her husband have had a good many spats, but none so serious as the one when she came to my house and threatened to leave him. Just before Mr. Sheedy died Mr. Courtney remarked that Sheedy acted as though he had an overdose of morphine. He asked to see the box in which the medicine was given him. The box was empty. Mrs. Sheedy said that she did not know what had been in the box."

Mrs. Dr. Ruth N. Wood, mother of the saloon keeper, testified: "I live diagonally across the street from the Sheedy residence. On the night of the assault on Mr. Sheedy I was sitting near the front window. This was about twenty minutes before the assault. All the curtains were up in the Sheedy residence so far as I could see. I remarked about the place looking so cheerful. A few minutes later when I looked toward the place the curtain of the window looking out on the porch was down. The time of the assault I saw Mr. and Mrs. Sheedy standing in the doorway. I was at the sheedy residence the next day. I saw Mr. Sheedy lying in bed. His symptoms to me at the time had the appearance of morphine poisoning. I had read that the wound was slight and therefore I suppose of morphine. The same symptoms might have been cause by pressure at the base of the brain."

Miss Anna Bodenstein testified: "U was in the employ of Mrs. Sheedy before her husband's death. Monday McFarland used to come to dress her hair. He would stay about half an hour at a time. One night, a short time before Mr. Sheedy's death, I saw a man standing near the pump. He looked back to me. I was frightened and ran into the house. I don't remember exactly how long this was before Mr. Sheedy's death. Johny Klausner used to come often to the house and take baskets away containing lots of stuff. Mrs. Sheedy prepared these baskets. When Johnny Klausner brought the baskets back there was nothing in them but empty plates. I saw the person in the yard about 10 o'clock one night after the attempted shooting of Mr. Sheedy. I went in and told Mrs. Sheedy. She didn't say anything. I then went upstairs. I don't know whether or not Mrs. Sheedy. I went in and told Mrs. SHeedy. She didn't say anything. I then went upstairs. I don't know whether or not Mrs. SHeedy went out to see the man. I saw the darkey, McFarland, at the residence of Mrs. Sheedy the day after Mr. Sheedy was struck. It was about 10 o'clock. He said he wanted to see Mrs. Sheedy. Nobody was with him. He wanted to come in through the dining room door, but was refused admittance. He then went to the kitchen door, but was refused. I saw Mr. Walstrom one evening at supper. The next time he came in the afternoon. The next time Mr. Walstrom came after supper. Mr. Sheedy was not at home. I left about 8 o'clock that evening and when I returned Mr. Walstrom was gone. I have seen Mr. Walstrom there four or five times. Mrs. Sheedy used to go out sometimes of an evening alone and get back about 10 o'clock. Mrs. SHeedy used to say when she put up the baskets that hey were for some friend."

Cross examination: "I don't know whether the lunches put up were as much for Johnny Klausner as somebody else or not. Monday McFarland came six or eight times after Mrs. Sheedy returned from Buffalo to was her hair. They were always in the dining room. There was no door between the kitchen and dining room. I could pass in and out. I saw Walstrom at Mrs. Sheedy's five times."

Re-direct examination: "I was upstairs the night Mr. Sheedy was shot at. I heard the shot, but did not see the man who fired. It looked like Monday McFarland."

On re-cross examination Strode asked: "Didn't it look like Monday McFarland simply because he looked dark?"

The witness answered: "Yes."

Mrs. Charles Carpenter, wife of the saloonkeeper, was the next witness. On taking the stand Mrs. Sheedy gave her an assuring look and smiled. The witness testified:

"I have been in the habit of visiting back and forth with Mrs. Sheedy. I met Harry Walstrom one evening at the Sheedy residence. My sister and I remained about twenty minutes and then left Walstrom and Mrs. Sheedy alone. Mr. Sheedy was not there. This was the first time I ever met Mr. Walstrom. The next time I saw him was one evening up town near the corner of Twelfth and O streets. My sister was with mr. Mr. Walstrom accompanied us home. On the way my sister ran into Mrs. Sheedy's, told her Mr. Walstrom was with us, and she came out and went over to my home with us. After remaining at our house awhile Mr. Walstrom accompanied Mrs. Sheedy home. One morning Mrs. Sheedy came over to our house and said a friend would be there soon. In about twenty minutes Mr. Walstrom came. The two remained in the front parlor together over an hour. Mr. Walstrom and Mrs. Sheedy met at our house only two times. I saw Walstrom three times. I saw his photograph in Mrs. Sheedy's album before I ever saw him. She spoke of him as a friend from Buffalo. I never saw Mrs. Sheedy and Mr. Walstrom out walking. I never saw anything wrong in their actions. I never saw Monday McFarland to know him. I never knew that he was dressing Mrs. Sheedy's hair. I never heard Mrs. Sheedy say anything about her domestic troubles. Mr. and Mrs. Sheedy always acted as though they thought a great deal of each other. After Mr. Sheedy was hurt Mrs. Sheedy seemed very anxious that her husband should recover."

Court then adjourned until afternoon.

Officer Louis Otto was the first witness called on the stand in the afternoon. He testified that he was with Officer Kinney when the cane was found.

Jake Oppenheimer, a law student, was the next witness. He testified that on the day following the funeral he went to Mrs. Sheedy's house. He found Mrs. SHeedy. Harry Walstrom and young Dennis Sheedy there. Mrs Sheedy seemed very light hearted. As she passed the piano she touched that instrument gally.

Charley Carpenter, a saloonkeeper, was the next witness. He testified: "I heard the first three shots the night Mr. Sheedy fired at his assailant. I saw the flashes of the fourth and fifth. I went over and Mrs. Sheedy asked me to go to Harry Walstom's room and tell him that Mr. Sheedy was hurt. I did as requested. On returning I went into Mr. Sheedy's bedroom and the wounded man said:

" 'I wish you'd go out into the alley and take that d-d - - -. I don't know what I have done to be assaulted in such a manner.'

"Mr. Sheedy called me into his room and I asked him if he couldn't give me some description of the man who assaulted him. He said he couldn't, because it was so dark."

Gus Saunders, the saloonkeeper, was then called. He testified:

"I have known Mrs. Sheedy since 1881. I don't know whether she was married to Sheedy at that time or not."

"When was she married to John Sheedy?"

Objected to by Philpot. Objection overruled. Witness answered:

"I don't know."

"When did she first live with him as his wife?"

Objected to an overruled.

Answer: "Either in 1881 or 1882. They had rooms in the Quick block. I was in that block off and on all the time. I saw Mr. Sheedy and Mrs. Sheedy going in and out a number of times."

At this juncture Colonel Philpot, counsel for Monday McFarland, raised an objection about anything being said about Mrs. Sheedy's character.

The question was then asked:

"At what time did Mr. Sheedy and this woman go to New Orleans?"

Philpot objected as usual and the objection was overruled. The witness answered:

"About 1885 or 1886."

"Where Mr. Sheedy and this woman man and wife at the time they went to New Orleans?"

This raised a roar not only from Philpot but also from Strode and weir. Strode jumped up in a dramatic manner and declared that Lambertson was attempting to blacken the character of Mrs. Sheedy.

Lambertson when arose and declared that all he was after was to merely prove what Monday McFarland had said in his confession that the female defendant was a mistress of John Sheedy several years before she induced him to marry her. The judge finally sustained the objection of Philpot and ruled out everything in connection with the character of Mrs. Sheedy.

Peter Crampton, a colored barber, was then called. He testified that Monday McFarland worked in his father's (Crampton's) shop; that Monday McFarland always shaved John Sheedy and generally received about 25 cents for so doing; that Mr. Sheedy was accustomed to come after Monday to shampoo his wife's hair. The day before the assault on John Sheedy Monday McFarland went down to the Sheedy residence at the request of Mr. Sheedy residence at the request of Mr. Sheedy to dress Mrs. SHeedy's hair. Monday stayed there about two hours.

The next witness called was Johnny Klausner, the lead who roomed with young Walstrom. Although a very important witness, Johnny showed a great reluctance in answering questions, and the answers had to be fairly dug out of him. He testified as follows:

"I am nineteen years old. I worked at Mr. Sheedy's in 1886 and 1887 for my clothes and board and went to school. I left there in 1887. Since then I have occasionally run errands for them. I think Mrs. Sheedy went cast sometime in the spring of 1890. She came back, I think, last September. After she returned she told me she expected a friend named Harry Walstrom from Birmingham, Ala. Shortly after that I said to her that I did not like the room I had and she suggested that Mr. Walstrom and I room together. This was after Mr. Walstrom had arrived here. Two or three days afterward Mr. Walstrom came to the Windsor hotel, where I was working, and we made arrangements to room together. I selected a room in the Heater block. He was to pay $8 of the rent and I $4. We roomed together about three months and a half. I ran a number of errands for Mrs. Sheedy during this time. I carried notes for her to Walstrom. I carried notes also from Walstrom to her. She never addressed the envelopes containing her notes, neither would Walstrom address the envelopes that he sent to Mrs. Sheedy. The envelopes were always sealed. In case Walstrom was not at his room he instructed me to leave the notes in a certain drawer. Mrs. Sheedy told me to come al-

[CONTINUED ON SECOND PAGE.]

WILL THE NEGRO TESTIFY?

Monday Mc Farland's Possible Chance of Saving His Neck.

BRINGING OUT THE STORY OF THE CRIME.

Mrs. Sheedy's Demeanor in Court - What Her Neighbors Know About the Woman - Her Note Carrier Testifies.

Lincoln, Neb., May 15. -[Special to The Bee.]- The prevailing question concerning the Sheedy murder trial is this:

Will Monday McFarland's attorney allow him to go on the witness stand and, by telling the whole truth concerning the plot to murder Sheedy, thereby save himself from being hung?

There is a prevailing belief that since the confession of the negro has been admitted as testimony that his doom is sealed. Only that portion of the confession is to be considered as testimony which incriminates him. It is generally conceded therefore that this confession in connection with the chain of circumstantial evidence to back it is sufficient to convict the negro and either hand him or send him to the penitentiary for life. It is believed now that his only chance is to ask for immunity, go on the witness stand and tell everything concerning Mrs. Sheedy's connection with the crim, who, according to the three confessions of McFarland, was the instigator of the murder. It is not three weeks since County Attorney Snell says he approached Colonel Philpot, counsel for Monday McFarland, and asked him if he would be willing to put his client on the stand in case immunity was offered. Colonel Philpot then replied:

"I will consider the matter."

Snell sayd: "Although three weeks have now passed, Philpot is still evidently 'considering' the matter, as he has not given me an answer."

The prosecuting attorneys feel elated over the strong testimony they have produced already, and when asked today as to granting immunity to the negro in case he went on the stand, Mr. Hall remarked:

"It is not our place to make overtures and we do not propose to do any more than we have already done in that line. If Monday mcFarland's attorneys wish to save their client's neck it is their place to come to us and not for us to go to them."

Mr. Lambertson coincided with Mr. Hall in this matter.

The usual crowd was in waiting this morning for the doors of the court room to be opened long before the time of opening court, and when the portals were finally swing open the crowd rushed in pell mell, scrambling for front seats.

Mrs. Sheedy looked remarkably well today. She was unusually demonstrative, smiled a number of times and put her handkerchief to her eyes once as though weeping. This was at the juncture when Mrs. Dr. Hood, a friend of Mrs. Sheedy's. testified that when Mr. Sheedy was dying he exhibited symptoms of morphine poisoning. At this point Mrs. Sheedy's three sisters became affected and gave unmistakable signs of weeping. When Mrs. Carpenter and Anna Bodenstein, Mrs. Sheedy's domestic, appeared on the witness stand Mrs. Sheedy came forward, took a seat within six feet of the witness stand and cast her magnetic eyes on them with a world of meaning.

Fred Crouse was the first witness called. He testified that on the evening of the murderous assault he was on P Street about fifty feet east of the Sheely residence. After the shooting MRs. Sheedy called the witness to go after a priest. He did so.
Mrs. James Hood testified: "I am the wife of Jim Hood, the saloonkeeper. I have often called at the Sheedy residence and am on the best of terms with Mrs. Sheedy. I was introduced to Harry Walstrom by Mrs. Sheedy. She brought him to my house one evening to introduce him to my daughter. She said Harry was a nice, intelligent young man. She spoke of him afterwards as her little sweetheart. She told me at one time that Mr. Sheedy was angry with her because of her friendship with Walstrom. Later when Mr. Sheedy was introduced to him [?] became conciliated. At one time Mrs. Sheedy came to my house and complained that Mr. Sheedy had abused her and threatened to kill her. She said that she was afraid to go back. She said she had her trunk packed ready to leave her husband. This was in October. At one time Mrs. Sheedy asked me what I thought of young Walstrom. I said that I didn't like his appearance very much. I thought also that he talked too much. The night of the attempted shooting I was with Mr. and Mrs. Sheedy. We went to the musee together. Just before we saw Mr. Sheedy his wife said that she felt as though something was going to happen. When Mrs. Sheedy returned from Buffalo she complained that she didn't like the way she had been received. She got in the city about 4 o'clock in the morning, but her husband did not meet her at the depot, although she had telegraphed him when she would arrive. She told me she didn't believe that he was very glad to see her. The night of the attempted shooting of Mr. SHeedy I was with Mr and Mrs. Sheedy returning from the musee. Just as we reached the gate somebody crouching inside the fence shot at Mr. Sheedy. A moment later the man got up and ran south through the yard. I could not tell whether the fellow was white or black. A moment later the man got up and ran south through the yard. I could not tell whether the fellow was white or black. A day or two later I saw Mrs. Sheedy. She said that nobody could charge Harry Walstrom with shooting at Mr. Sheedy, because he was at work that night. Mrs. Sheedy volunteered this information. I asked her why she said this. She replied that somebody might charge Harry with the shooting simply because she and Mr. Walstrom happened to be friends. I attended the funeral of Mr. Sheedy. At the grave Mrs. Sheedy asked me if a certain young man there was Harry and I said yes. Mrs. Sheedy wept considerably the night her husband died. I did not see her shed any tears afterwards, although she seemed to feel very badly. As soon as Mr. Sheedy breathed his last we took her upstairs and she seemed to weep. Mrs. Sheedy and her husband have had a good many spats, but none so serious as the one when she came to my house and threatened to leave him. Just before Mr. Sheedy died Mr. Courtney remarked that Sheedy acted as though he had an overdose of morphine. He asked to see the box in which the medicine was given him. The box was empty. Mrs. Sheedy said that she did not know what had been in the box."

Mrs. Dr. Ruth N. Wood, mother of the saloon keeper, testified: "I live diagonally across the street from the Sheedy residence. On the night of the assault on Mr. Sheedy I was sitting near the front window. This was about twenty minutes before the assault. All the curtains were up in the Sheedy residence so far as I could see. I remarked about the place looking so cheerful. A few minutes later when I looked toward the place the curtain of the window looking out on the porch was down. The time of the assault I saw Mr. and Mrs. Sheedy standing in the doorway. I was at the sheedy residence the next day. I saw Mr. Sheedy lying in bed. His symptoms to me at the time had the appearance of morphine poisoning. I had read that the wound was slight and therefore I suppose of morphine. The same symptoms might have been cause by pressure at the base of the brain."

Miss Anna Bodenstein testified: "U was in the employ of Mrs. Sheedy before her husband's death. Monday McFarland used to come to dress her hair. He would stay about half an hour at a time. One night, a short time before Mr. Sheedy's death, I saw a man standing near the pump. He looked back to me. I was frightened and ran into the house. I don't remember exactly how long this was before Mr. Sheedy's death. Johny Klausner used to come often to the house and take baskets away containing lots of stuff. Mrs. Sheedy prepared these baskets. When Johnny Klausner brought the baskets back there was nothing in them but empty plates. I saw the person in the yard about 10 o'clock one night after the attempted shooting of Mr. Sheedy. I went in and told Mrs. Sheedy. She didn't say anything. I then went upstairs. I don't know whether or not Mrs. Sheedy. I went in and told Mrs. SHeedy. She didn't say anything. I then went upstairs. I don't know whether or not Mrs. SHeedy went out to see the man. I saw the darkey, McFarland, at the residence of Mrs. Sheedy the day after Mr. Sheedy was struck. It was about 10 o'clock. He said he wanted to see Mrs. Sheedy. Nobody was with him. He wanted to come in through the dining room door, but was refused admittance. He then went to the kitchen door, but was refused. I saw Mr. Walstrom one evening at supper. The next time he came in the afternoon. The next time Mr. Walstrom came after supper. Mr. Sheedy was not at home. I left about 8 o'clock that evening and when I returned Mr. Walstrom was gone. I have seen Mr. Walstrom there four or five times. Mrs. Sheedy used to go out sometimes of an evening alone and get back about 10 o'clock. Mrs. SHeedy used to say when she put up the baskets that hey were for some friend."

Cross examination: "I don't know whether the lunches put up were as much for Johnny Klausner as somebody else or not. Monday McFarland came six or eight times after Mrs. Sheedy returned from Buffalo to was her hair. They were always in the dining room. There was no door between the kitchen and dining room. I could pass in and out. I saw Walstrom at Mrs. Sheedy's five times."

Re-direct examination: "I was upstairs the night Mr. Sheedy was shot at. I heard the shot, but did not see the man who fired. It looked like Monday McFarland."

On re-cross examination Strode asked: "Didn't it look like Monday McFarland simply because he looked dark?"

The witness answered: "Yes."

Mrs. Charles Carpenter, wife of the saloonkeeper, was the next witness. On taking the stand Mrs. Sheedy gave her an assuring look and smiled. The witness testified:

"I have been in the habit of visiting back and forth with Mrs. Sheedy. I met Harry Walstrom one evening at the Sheedy residence. My sister and I remained about twenty minutes and then left Walstrom and Mrs. Sheedy alone. Mr. Sheedy was not there. This was the first time I ever met Mr. Walstrom. The next time I saw him was one evening up town near the corner of Twelfth and O streets. My sister was with mr. Mr. Walstrom accompanied us home. On the way my sister ran into Mrs. Sheedy's, told her Mr. Walstrom was with us, and she came out and went over to my home with us. After remaining at our house awhile Mr. Walstrom accompanied Mrs. Sheedy home. One morning Mrs. Sheedy came over to our house and said a friend would be there soon. In about twenty minutes Mr. Walstrom came. The two remained in the front parlor together over an hour. Mr. Walstrom and Mrs. Sheedy met at our house only two times. I saw Walstrom three times. I saw his photograph in Mrs. Sheedy's album before I ever saw him. She spoke of him as a friend from Buffalo. I never saw Mrs. Sheedy and Mr. Walstrom out walking. I never saw anything wrong in their actions. I never saw Monday McFarland to know him. I never knew that he was dressing Mrs. Sheedy's hair. I never heard Mrs. Sheedy say anything about her domestic troubles. Mr. and Mrs. Sheedy always acted as though they thought a great deal of each other. After Mr. Sheedy was hurt Mrs. Sheedy seemed very anxious that her husband should recover."

Court then adjourned until afternoon.

Officer Louis Otto was the first witness called on the stand in the afternoon. He testified that he was with Officer Kinney when the cane was found.

Jake Oppenheimer, a law student, was the next witness. He testified that on the day following the funeral he went to Mrs. Sheedy's house. He found Mrs. SHeedy. Harry Walstrom and young Dennis Sheedy there. Mrs Sheedy seemed very light hearted. As she passed the piano she touched that instrument gally.

Charley Carpenter, a saloonkeeper, was the next witness. He testified: "I heard the first three shots the night Mr. Sheedy fired at his assailant. I saw the flashes of the fourth and fifth. I went over and Mrs. Sheedy asked me to go to Harry Walstom's room and tell him that Mr. Sheedy was hurt. I did as requested. On returning I went into Mr. Sheedy's bedroom and the wounded man said:

" 'I wish you'd go out into the alley and take that d-d - - -. I don't know what I have done to be assaulted in such a manner.'

"Mr. Sheedy called me into his room and I asked him if he couldn't give me some description of the man who assaulted him. He said he couldn't, because it was so dark."

Gus Saunders, the saloonkeeper, was then called. He testified:

"I have known Mrs. Sheedy since 1881. I don't know whether she was married to Sheedy at that time or not."

"When was she married to John Sheedy?"

Objected to by Philpot. Objection overruled. Witness answered:

"I don't know."

"When did she first live with him as his wife?"

Objected to an overruled.

Answer: "Either in 1881 or 1882. They had rooms in the Quick block. I was in that block off and on all the time. I saw Mr. Sheedy and Mrs. Sheedy going in and out a number of times."

At this juncture Colonel Philpot, counsel for Monday McFarland, raised an objection about anything being said about Mrs. Sheedy's character.

The question was then asked:

"At what time did Mr. Sheedy and this woman go to New Orleans?"

Philpot objected as usual and the objection was overruled. The witness answered:

"About 1885 or 1886."

"Where Mr. Sheedy and this woman man and wife at the time they went to New Orleans?"

This raised a roar not only from Philpot but also from Strode and weir. Strode jumped up in a dramatic manner and declared that Lambertson was attempting to blacken the character of Mrs. Sheedy.

Lambertson when arose and declared that all he was after was to merely prove what Monday McFarland had said in his confession that the female defendant was a mistress of John Sheedy several years before she induced him to marry her. The judge finally sustained the objection of Philpot and ruled out everything in connection with the character of Mrs. Sheedy.

Peter Crampton, a colored barber, was then called. He testified that Monday McFarland worked in his father's (Crampton's) shop; that Monday McFarland always shaved John Sheedy and generally received about 25 cents for so doing; that Mr. Sheedy was accustomed to come after Monday to shampoo his wife's hair. The day before the assault on John Sheedy Monday McFarland went down to the Sheedy residence at the request of Mr. Sheedy residence at the request of Mr. Sheedy to dress Mrs. SHeedy's hair. Monday stayed there about two hours.

The next witness called was Johnny Klausner, the lead who roomed with young Walstrom. Although a very important witness, Johnny showed a great reluctance in answering questions, and the answers had to be fairly dug out of him. He testified as follows:

"I am nineteen years old. I worked at Mr. Sheedy's in 1886 and 1887 for my clothes and board and went to school. I left there in 1887. Since then I have occasionally run errands for them. I think Mrs. Sheedy went cast sometime in the spring of 1890. She came back, I think, last September. After she returned she told me she expected a friend named Harry Walstrom from Birmingham, Ala. Shortly after that I said to her that I did not like the room I had and she suggested that Mr. Walstrom and I room together. This was after Mr. Walstrom had arrived here. Two or three days afterward Mr. Walstrom came to the Windsor hotel, where I was working, and we made arrangements to room together. I selected a room in the Heater block. He was to pay $8 of the rent and I $4. We roomed together about three months and a half. I ran a number of errands for Mrs. Sheedy during this time. I carried notes for her to Walstrom. I carried notes also from Walstrom to her. She never addressed the envelopes containing her notes, neither would Walstrom address the envelopes that he sent to Mrs. Sheedy. The envelopes were always sealed. In case Walstrom was not at his room he instructed me to leave the notes in a certain drawer. Mrs. Sheedy told me to come al-

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