11

ELEVEN IN THE JURY BOX

MEN WHO HAVE NOT FORMED OPINIONS.

Judge Field Announces a Change of Opinion That Has an Important Bearing.

It Will Materially Prolong the Work of Securing a Jury- The Job Will Probably not be Completed Today.

An Endless Succession of Journal Readers
Hear ye! Hear ye! The honorable district court is now in session pursuant to adjournment.

Mrs. Sheedy had just been brought into court, leaning upon the arm of her uncle. Mrs. Morgan accompanied her and sat at her right, while her uncle took a seat at her left. She cordially greeted her attorneys, each of whom came forward to grasp her hand. There was an apparent apathy, however, in each movement and tone of her voice. Mrs. Dean was not present during the morning session.

Monday McFarland had come in somewhat earlier, accompanied by Captain Billingsley and was greeted with a handshake from Colonel Philpott.

Mr. Snell was somewhat late and Mr. Lambertson was not present when the examination of jurors began, coming in after the first juror was examined. The rest of the attorneys were present, and there were probably 200 spectators in waiting, when court opened. The audience increased regularly throughout the forenoon.

The first juror called was J. H. Worley of Twenty-third and N street. He was not oppoesed to the dealth penalty; had formed an opinion from reading THE JOURNAL and Cull and from conversing with others. He was doubtful as to his ability to render a verdict according to the law and evidence, and was challenged by the state and excused.

Judge Field thereupon ordered a call of jurors from rhe special panel, whereupon Mr. Stearns offered a motion to quash the special panel because N. T. Ewan, D. W. Jackson, Andrew Sipp and W. D. Miller, members of the regular panel, did not respond and had not been examined as jurors. The motion was overruled.

Mr. Stearns renewed the motion made yesterday in relation to the regular panel, claiming that the special panel should also be quashed, owing to alleged irregularities in the manner in which it was drawn, and alleging also the unconstitutionality of the new jury law. The motion was supported by affidavits, as before. This entailed another delay of almost an hour to permit the state to prepare affidavits in opposition to the motion, which were filed without having been read. They were exactly similar to those filed in the case of the objections to the regular panel.

The defense asked that Mart Howe, county clerk, be sworn to show that the box from which jurors are drawn is kept unfastened in the vault in his office so that anyone having access to the vault could put names therein which might be drawn for jurors. The defense claimed that Mr. Howe declined to make an affidavit to that effect. Judge Field said he would not order anyone to appear and furnish oral testimony. If the defense had any documentary testimony to offer, it would go into the record.

At this point Mart Howe strolled into court and Colonel Philpott insisted that he be sworn. The court declined to subject him to the oath.

The motion was overruled and the exmanination proceeded after a lapse of upward of an hour, during which time the court room had filled with spectators.

John Cathron of Oak precinct was the first man called from the special panel. He was firm in the statement that he could not convict any one of murder in the first degree on circumstantial evidence and was excused.

J. M. Cameron was called, but when he said he was opposed to the death penalty and could not be convinced by circumstantial evidence, he was excused on the state's challenge, defense excepting.

Hugh McEachron said he had conscientious scruples against imposing the death penalty, but supposed he would be governed by the law. He thought he would refuse to return a verdict that would entail the death penalty on circumstantial evidence. Excused on the state's challenge, defense excepting.

Hiram Duling of West Oak precinct couldn't say that he was opposed to the infliction of the death penalty, and could rely upon circumstantial evidence for its infliction; had no opinion as to the guilt or innocence of the accused; had read in all the Lincoln papers what purported to be testimony of witnesses before the coroner's jury and in the preliminary examination. Didn't know as what he had heard of the case had made any impression in his mind; couldn't presume the accused to be innocent: therefore must have an opinion. He didn't know as he had formed an opinion as to whether Sheedy was killed by a blow or was poisoned after he was struck; had formed an opinion as to whether or not defendants were connected with a conspiracy to kill Sheedy: it would take evidence to remove that opinion. He couldn't presume the defendants innocent and was excused on the challenge of the defense.

J. W. Castor was called.

Mr. Snell- Have you any conscientious scruples against the imposition of the death penalty?

Mr. Philpott- I object to that as not a proper question, as the entertainment of such scruples is no cause for challenge under the law.

Colonel Philpott meant the new jury law, by the provisions of which certain safeguards of the defense were knocked out on the day before.

The court overruled the objection and announced that he had undergone a change of opinion during the night on the question of the disqualification of jurors who had formed opinions from reading the newspapers, and expected to have some of the jurors already passed recalled for examination on that point.

Mr. Castor had no scruples against the death penalty and could convict on circumstantial evidence; had formed no opinion, although he had read the accounts of the murder. He was passed for cause.

Charles Spears, of North Sixteenth street, a real estate and loan agent, was not opposed to the death penalty; he had formed and expressed an opinion based on what he had read in the newspapers and upon the theory that it was true. He had read what purported to be testimony and didn't think he would make an unbiased juror. He was excused on the challenge of the defense.

Alba Brown, jr., of Oak precinct, thought he could return a verdict of guilty of murder in the first degree, the penalty being death, and that upon circumstantial evidence alone if strong enough; had formed and expressed an opinion on what he had read and heard, and still had that opinion; had read what purported to be testimony and had formed an opinion as to the truth of the newspaper statements. It would require evidence to remove the opinion. The juror was excused for cause.

A. M. Bartram, health officer, had formed an opinion of the truth or falsity of the statements he had read, and had an opinion as to the guilt or innocence of the accused, and had those opinions still. He was excused.

John Franklin of Lincoln, a farmer and stock raiser, was not opposed to the infliction of the death penalty. He thought he could convict on circumstantial evidence. He had formed an opinion on what he had heard and read as to the guilt or innocence of the accused, and had that opinion still; thought he could render a fair and impartial verdict on the law and evidence. He had read THE JOURNAL, but had talked with no witnesses. His opinion was fixed as to how Sheedy met his death and it would take evidence to remove it. He had formed an opinion as to whether Sheedy was poisoned after he was assaulted, but had no opinion as to a conspiracy or as to the guilt or innocence of these parties; could pressume the accused to be innocent until proven guilty.

Court: "Didn't you state, Mr. Franklin, that you had an opinion as to their guilt or innocence?"

"Yes, sir."

"How are you know?"

"I am of the same opinion still."

"The juror is excused."

Stearns: "Give us an exception."

I. M. Hill of Firth didn't "believe in murdering no way." He would never give his consent to taking the life of a citizen under any circumstances, although he believed himself a law abiding citizen. He was excused.

Ed. Ferry lived ten miles northeast of Lincoln for a month past; lived in Rock Creek precinct two years; had no scruples against the death penalty and could be convinced by circumstantial evidence alone, if strong enough. Had formed an opinion of the guilt or innocence of the accused, but didn't retain it still. He had read the confession, and was excused.

Charles B. Anderson, a carpenter of South Lincoln, worked in the B. & M. shops for ten years.

"Have you any conscientious scruples against the infliction of the death penalty?"

"Well, in the first place, I don't understand the English language very well."

Upon his failure to understand the next question he was excused.

C. N. Crandall said that when he had first read the accounts published in the daily papers here he thought they were both guilty.

The answer created a sensation and even the fair face of the prisoner broke into a smile.

He had read the confession and might have made a remark that he thought it was so. He had expressed an opinion as to the guilt of Monday McFarland.

Mr. Crandall was excused and court adjourned until 2 p. m.

Afternoon Session.
It was 2 o'clock when the defendants returned into court. Monday being accompanied by Captain Billingsley and Mrs. Sheedy by Mrs. Morgan and Mrs. Dean, and her uncle, Mr. Biggerstaff. Ten minutes later the ten men retained in the jury box came in under the escort of a deputy sheriff. The seating capacity of the court room was already pretty thoroughly utilized, but still there were no ladies present. The janitors had, for reasons of their own, nailed pasteboard over the large window in the north wall of the court room opening into the third floor, through which on the preceding day a large number of ladies had peered down upon the scene in court.

When Judge Field took his seat upon the bench he said that during the process of drawing the jury on Monday he had been of the impression that the new law published in the 1889 statutes repealed the old law relating to causes for challenge. Since then he had reached the conclusion that the clauses prescribing causes for challenge had not been repealed, and he had therfore determined to excuse Messrs. J. P. Hendry, C. Oakes, P. W. Quackenboss and Henry Harkson. They had been challenged by the defense at the original examination.

Charles Ring was submitted to a re-examination. He had formed and expressed an opinion based on newspaper reports, which opinion he still had. He was challenged by the defense, but the challenge was overruled.

L. L. Corey and E. D. Champion were also re-examined and proved satisfactory to the defense. But Mr. Lambertson took the latter in hand and brought out the statement that he didn't think he could render a verdict on circumstantial evidence where the penalty would be death.

To Mr. Strode he replied that if the circumstantial evidence was strong enough to convince him of the guilt of the defendants he would return a verdict of guilty, but he didn't think the evidence could be strong enough to convince him. He was excused and the defense excepted.

James Reed was recalled and the examination brought out that he had read THE JOURNAL'S reports of testimony and had formed an opinion at the time, but had no opinion now. Contradictions had changed his opinion and his mind had wavered back and forth. He thought he could be convinced by circumstantial evidence.

Lambertson- Well would you.

This caused a roar among the attorneys and the witness was not required to answer. The state challenged and the court overruled.

F. H. Dunham was recalled and when it was found that he had scruples against the death penalty, he was excused, cutting the number in the box down to four.

S. S. Griffin of Centerville precinct was not opposed to the imposition of the death penalty on circumstantial evidence. He had read of the case but had no opinion as to the guilt or innocence of the accused or the manner of Sheedy's death. He could presume the accused innocent until they were proven guilty; had never talked with any of the attorneys connected with the case and could give the accused a fair trial.

J. Z. Dobbs of Bennett, a blacksmith, had an opinion formed from reading the papers. He had read the testimony as printed in THE JOURNAL and was excused.

G. H. Baughman of Twenty-sixth and R streets had formed an opinion from reading the confession and parts of the testimony. He was excused.

William N. Abbot of 1220 A street was not opposed to the infliction of the death penalty; didn't know that he could be convinced by circumstantial evidence alone in capital cases. This he modified somewhat, but the challenge of the state was sustained.

W. F. Little, the Lincoln real estate agent, had been acquainted with John Sheedy and had formed and expressed an opinion from what he had read and heard; had read the confession and testimony and it would require testimony to remove his opinion. The challenge of the defense was sustained.

A. B. Norton of Davey had formed no opinion and was not opposed to the infliction of the death penalty; he thought he could be convinced by circumstantial evidence.

Was acquainted with Mr. Snell, and knew that "he used to be a good democrat until he changed over."

This created a ripple of laughter at the expense of Mr. Snell, who smiled rather guiltily and colored up.

The witness said he read the Farmers' Alliance and the Call. The defense appeared to think that these papers wouldn't teach them much and he took his seat in the box.

Henry Whitman lived near the Sheedy residence and was excused.

Charles E. Chowins had read everything about the case including the confession and the testimony, and had formed an opinion. The state challenged him. Mr. Strode continued the examination and the state withdrew its challenge. The witness thought he couldn't change his opinion and a challenge by the defense was sustained.

Frederick E. Shepherd, aged seventy-one, an expressman, had lived in Lincoln for eighteen years and knew John Sheedy by sight. He had formed no opinion as to the guilt of the accused, had no scruples against the death penalty and could be convinced by circumstantial evidence. He had read part of the testimony, but formed no opinion of its truth or falsity; so also the confession. He had no opinions whatever in relation to the case and he was in condition to give the accused a fair shake. The defense challenged him because of his age, and he was excused.

J. N. Tiger lived near Waverly and was a farmer all his life; knew John Sheedy by sight, has no opinion as to the guilt of the accused; had no scruples against the death penalty, but couldn't be convinced by circumstantial evidence in such a case, and couldn't bring in a verdict of guilty on such evidence. He was excused.

Mr. Lambertson asked if the fact that there was some positive proofs corroborative of circumstantial evidence would make any difference.

He replied that it would.

At this point the court said that to his mind there never was a case where the evidence was entirely circumstantial and it was impossible to conceive of one, although the courts permitted the asking of such a question and he would follow the ruling of the courts.

W. J. Coates, a carpenter of Lincoln read only the Alliance and didn't know much about the case. He had read something about a confession and had an opinion which it would require testimony to remove. He had never read the testimony, but he was excused on the challenge of the defense.

James Van Campin of Little Salt precinct, a farmer, had formed and expressed no opinion as to the guilt of the accused; was not opposed to the death penalty but would have scruples against inflicting it on circumstantial evidence. If the evidence was strong enough, he supposed he would have to return a verdict of guilty. He had never read anything about the case, and had heard very little. He was passed for cause and took a seat in the jury box.

B. Kallemyn of South Pass precinct had seen Messrs. Stearns, Strode, Philpot and Billingsley at rallies at Hickman; never talked with them about the case. Had read what purported to be testimony and had formed an opinion. He could be convinced by circumstantial evidence and had no scruples against the death penalty. But he had formed an opinion and was excused upon a challenge by the defense.

R. Striker, a grocery clerk not now in employment, had read the confession and the verdict at the coroner's inquest. Didn't form an opinion as to the truth or falsity of either. He had had an opinion based on Monday's confession, but he hadn't followed the case and the opinion had vanished. He could presume the accused to be innocent and thought he could render a verdict on the law and evidence. From what he had read he had formed an opinion as to whether or not Sheedy was killed by a blow. He was excused on a challenge by the defense.

John Holmquest had an opinion as to the guilt or innocence of the accused, formed from reading the papers, and was opposed to hanging for murder.

"Suppose it were proven that one of these defendants killed John Sheedy with a cane in cold blood. would you have scruplesragainst returning a verdict of guilty if it would result in the death penalty?"

Objected to by Stearns as incompetent, irrelevant and "brutal." Objection overruled.

The witness said he would never return a verdict tha would result in "stringing anybody up," and was excused.

Frank E. Doyle, a carpenter of this city, was opposed to the infliction of the death penalty on circumstantial evidence but not otherwise. He had read all about the case, but didn't know that he had any well defined opinion. This witness was submitted to a rigorous examination by Colonel Philpott, which the court peremptorily interrupted.

"Where a witness endeavors to answer questions of counsel as fairly as this witness has he is entitled to the protection of the court, and will get it."

Colonel Philpott insisted upon fastening an opinion in the mind of the juror who said he didn't know that he had any. He was finally challenged by the defense, but the challenge was overruled.

At this point the court interrupted the proceedings to announce that the information had floated in that the supreme court had spoken and that John M. Thayer had been declared to be governor and that Mr. Boyd was no longer governor. Several people in the audience attested their approval by clapping their hands, and a twinkle in the eyes of the court indicated that he was not at all displeased with the information.

E. B. King of Nemaha precinct had read THE JOURNAL, the Bee and the World-Herald, and wanted more. He had read it all, formed an opinion and had it still. He was excused.

L. L. Lyman, ex-water commissioner, had formed and expressed no opinion as to the guilt of the accused; had no scruples against the infliction of the death penalty upon circumstantial evidence. Read part of Monday's confession, but not the evidence. He had no opinion whatever in the matter and could give defendants a fair trial, presuming them innocent until proven guilty. He was passed for clause and took his seat in the box.

G. W. Lamb of Lincoln, a real estate agent, had formed an opinion as to the guilt or innocence of the accused and wouldn't like to chance rendering an impartial verdict. He was excused.

A. P. Martin, an insurance and real estate agent, had formed no opinion in the case. He was not opposed to the infliction of the death penalty on circumstantial evidence. He thought he could render an impartial verdict on the law and the evidence and was passed for cause.

Alexander McAllister of Lincoln, day laborer, had formed an opinion from reading the confession and the testimony. Challenged for cause and excused.

John Gross, brick checker for Buckstaff, had had an opinion as to the guilt of the accused formed on reading the papers and had it still. He also opposed the death penalty and was excused.

C. J. Roman of Lincoln had formed and expressed an opinion; had read the confession and the proceedings before the coroner's jury; had no scruples against inflicting the death penalty on circumstantial evidence. The defense challenged him and he was excused.

David Hettrick, a farmer from near Raymond, was not opposed to the death penalty on circumstantial evidence; had formed no opinion of the guilt or innocence of the accused; hardly ever read the papers and took only the Home Comfort, a story paper; never read anything about the Sheedy murder; had heard it talked about. He was passed for cause and took his seat in the row.

Frank E. Parks of South Twenty-second street, collector for Wallingford & Shamp, was not opposed to the death penalty on circumstantial evidence, but he had read the confession and testimony before the coroner and had formed an opinion. He was excused.

J. W. Sperry, a painter of Lincoln, had read of the murder, but not the confession and testimony. He was not opposed to the infliction of the death penalty.

"I couldn't convict no one on no circumstantial evidence."

He said he couldn't be convinced beyond a reasonable doubt by circumstantial evidence, and was excused.

F. W. Hunt of 1526 South Eleventh street, a Missouri Pacific switchman, had read the confession and had formed an opinion. He was excused.

Enos Harrington, a farmer of Garfield precinct, thought he had formed an opinion of the guilt of the accused. He had read the confession and evidence. He was excused.

Jurors who had not been called were cautioned to permit no one to discuss the case with them and the court announced an adjournment at 5:45 until 9 a.m. to-day.

When court adjourned there were eleven jurors in the box, as follows: Charles M. Ring, James Reed, L. L. Corey, J. W. Castor, S. S. Griffin, A. B. Norton, James Van Campin, Frank Doyle, I. L. Lyman, A. P. Martin, David Hettrick. They were marched away to camp over night in the jury room in charge of Colonel Taylor.

Mrs. Sheedy was escorted from the court room back to her room in the second story of the county jail building by her uncle, who assisted her with every evidence of tenderness and sympathy. Her sisters followed them, the quartette presenting a truly pathetic spectacle, the observed of all observers.

It is hardly probably that the panel will be completed to-day, as the defense is entitled to thirty-two peremptory challenges, instead of sixteen, as stated yesterday, and the state to six.

Mr. Lambertson alternated with County Attorney Snell yesterday in the examination of jurors. Mr. Strode took no part in the afternoon's examinations and it was said that he was unwell, although he was present in court the greater part of the time. Colonel Philpott and Mr. Stearns conducted the examinations for the defense and endeavored in two or three instances to inquire as to religious beliefs of the jurors, but were promptly cut short.

Judge Weir is a silent spectator of the proceedings.

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ELEVEN IN THE JURY BOX

MEN WHO HAVE NOT FORMED OPINIONS.

Judge Field Announces a Change of Opinion That Has an Important Bearing.

It Will Materially Prolong the Work of Securing a Jury- The Job Will Probably not be Completed Today.

An Endless Succession of Journal Readers
Hear ye! Hear ye! The honorable district court is now in session pursuant to adjournment.

Mrs. Sheedy had just been brought into court, leaning upon the arm of her uncle. Mrs. Morgan accompanied her and sat at her right, while her uncle took a seat at her left. She cordially greeted her attorneys, each of whom came forward to grasp her hand. There was an apparent apathy, however, in each movement and tone of her voice. Mrs. Dean was not present during the morning session.

Monday McFarland had come in somewhat earlier, accompanied by Captain Billingsley and was greeted with a handshake from Colonel Philpott.

Mr. Snell was somewhat late and Mr. Lambertson was not present when the examination of jurors began, coming in after the first juror was examined. The rest of the attorneys were present, and there were probably 200 spectators in waiting, when court opened. The audience increased regularly throughout the forenoon.

The first juror called was J. H. Worley of Twenty-third and N street. He was not oppoesed to the dealth penalty; had formed an opinion from reading THE JOURNAL and Cull and from conversing with others. He was doubtful as to his ability to render a verdict according to the law and evidence, and was challenged by the state and excused.

Judge Field thereupon ordered a call of jurors from rhe special panel, whereupon Mr. Stearns offered a motion to quash the special panel because N. T. [Ewan?], D. W. Jackson, Andrew Sipp and W. D. Miller, members of the regular panel, did not respond and had not been examined as jurors. The motion was overruled.

Mr. Stearns renewed the motion made yesterday in relation to the regular panel, claiming that the special panel should also be quashed, owing to alleged irregularities in the manner in which it was drawn, and alleging also the unconstitutionality of the new jury law. The motion was supported by affidavits, as before. This entailed another delay of almost an hour to permit the state to prepare affidavits in opposition to the motion, which were filed without having been read. They were exactly similar to those filed in the case of the objections to the regular panel.

The defense asked that Mart Howe, county clerk, be sworn to show that the box from which jurors are drawn is kept unfastened in the vault in his office so that anyone having access to the vault could put names therein which might be drawn for jurors. The defense claimed that Mr. Howe declined to make an affidavit to that effect. Judge Field said he would not order anyone to appear and furnish oral testimony. If the defense had any documentary testimony to offer, it would go into the record.

At this point Mart Howe strolled into court and Colonel Philpott insisted that he be sworn. The court declined to subject him to the oath.

The motion was overruled and the exmanination proceeded after a lapse of upward of an hour, during which time the court room had filled with spectators.

John Cathron of Oak precinct was the first man called from the special panel. He was firm in the statement that he could not convict any one of murder in the first degree on circumstantial evidence and was excused.

J. M. Cameron was called, but when he said he was opposed to the death penalty and could not be convinced by circumstantial evidence, he was excused on the state's challenge, defense excepting.

Hugh McEachron said he had conscientious scruples against imposing the death penalty, but supposed he would be governed by the law. He thought he would refuse to return a verdict that would entail the death penalty on circumstantial evidence. Excused on the state's challenge, defense excepting.

Hiram Duling of West Oak precinct couldn't say that he was opposed to the infliction of the death penalty, and could rely upon circumstantial evidence for its infliction; had no opinion as to the guilt or innocence of the accused; had read in all the Lincoln papers what purported to be testimony of witnesses before the coroner's jury and in the preliminary examination. Didn't know as what he had heard of the case had made any impression in his mind; couldn't presume the accused to be innocent: therefore must have an opinion. He didn't know as he had formed an opinion as to whether Sheedy was killed by a blow or was poisoned after he was struck; had formed an opinion as to whether or not defendants were connected with a conspiracy to kill Sheedy: it would take evidence to remove that opinion. He couldn't presume the defendants innocent and was excused on the challenge of the defense.

J. W. Castor was called.

Mr. Snell- Have you any conscientious scruples against the imposition of the death penalty?

Mr. Philpott- I object to that as not a proper question, as the entertainment of such scruples is no cause for challenge under the law.

Colonel Philpott meant the new jury law, by the provisions of which certain safeguards of the defense were knocked out on the day before.

The court overruled the objection and announced that he had undergone a change of opinion during the night on the question of the disqualification of jurors who had formed opinions from reading the newspapers, and expected to have some of the jurors already passed recalled for examination on that point.

Mr. Castor had no scruples against the death penalty and could convict on circumstantial evidence; and formed no opinion, although he had read the accounts of the murder. He was passed for cause.

Charles [Spears?] of North Sixteenth street, a real estate and loan agent, was not opposed to the death penalty; he had formed and expressed an opinion based on what he had read in the newspapers and upon the theory that it was true. He had read what purported to be testimony and didn't think he would make an unbiased juror. He was excused on the challenge of the defense.

Alba Brown jr., of Oak precinct, thought he could return a verdict of guilty of murder in the first degree, the penalty being death, and that upon circumstantial evidence alone if strong enough; had formed and expressed an opinion on what he had read and heard, and still had that opinion; had read what purported to be testimony and had formed an opinion as to the truth of the newspaper statements. It would require evidence to remove the opinion. The juror was excused for cause.

A. M. Bartram, health officer, had formed an opinion of the truth or falsity of the statements he had read, and had an opinion as to the guilt or innocence of the accused, and had those opinions still. He was excused.

John Franklin of Lincoln, a farmer and stock raiser, was not opposed to the infliction of the death penalty. He thought he could convict on circumstantial evidence. He had formed an opinion on what he had heard and read as to the guilt or innocence of the accused, and had that opinion still; thought he could render a fair and impartial verdict on the law and evidence. He had read THE JOURNAL, but had talked with no witnesses. His opinion was fixed as to how Sheedy met his death and it would take evidence to remove it. He had formed an opinion as to whether Sheedy was poisoned after he was assaulted, but had no opinion as to a conspiracy or as to the guilt or innocence of these parties; could pressume the accused to be innocent until proven guilty.

Court: "Didn't you state, Mr. Franklin, that you had an opinion as to their guilt or innocence?"
"Yes, sir."
"How are you know?"
"I am of the same opinion still."
"The juror is excused."
Stearns: "Give us an exception."

[I?]. M. Hill of Firth didn't "believe in murdering no way." He would never give his consent to taking the life of a citizen under any circumstances, although he believed himself a law abiding citizen. He was excused.

[Ell?]. Ferry lived ten miles northeast of Lincoln for a month past; lived in Rock Creek precinct two years; had no scruples against the death penalty and could be convinced by circumstantial evidence alone, if strong enough. Had formed an opinion of the guilt or innocence of the accused, but didn't retain it still. He had read the confession, and was excused.

Charles B. Anderson, a carpenter of South Lincoln, worked in the B. & M. shops for ten years.

"Have you any conscientious scruples against the infliction of the death penalty?"

"Well, in the first place, I don't understand the English language very well."

Upon his failure to understand the next question he was excused.

C. N. Crandall said that when he had first read the accounts published in the daily papers here he thought they were both guilty.

The answer created a sensation and even the fair face of the prisoner broke into a smile.

He had read the confession and might have made a remark that he thought it was so. He had expressed an opinion as to the guilt of Monday McFarland.

Mr. Crandall was excused and court adjourned until 2 p. m.

Afternoon Session.
It was 2 o'clock when the defendants returned into court. Monday being accompanied by Captain Billingsley and Mrs. Sheedy by Mrs. Morgan and Mrs. Dean, and her uncle, Mr. Biggerstaff. Ten minutes later the ten men retained in the jury box came in under the escort of a deputy sheriff. The seating capacity of the court room was already pretty thoroughly utilized, but still there were no ladies present. The janitors had, for reasons of their own, nailed pasteboard over the large window in the north wall of the court room opening into the third floor, through which on the preceding day a large number of ladies had peered down upon the scene in court.

When Judge Field took his seat upon the bench he said that during the process of drawing the jury on Monday he had been of the impression that the new law published in the 1889 statutes repealed the old law relating to causes for challenge. Since then he had reached the conclusion that the clauses prescribing causes for challenge had not been repealed, and he had therfore determined to excuse Messrs. J. P. Hendry, C. Oakes, P. W. [Quackenboss?] and Henry Harkson. They had been challenged by the defense at the original examination.

Charles Ring was submitted to a re-examination. He had formed and expressed an opinion based on newspaper reports, which opinion he still had. He was challenged by the defense, but the challenge was overruled.

L. L. Corey and E. D. Champion were also re-examined and proved satisfactory to the defense. But Mr. Lambertson took the latter in hand and brought out the statement that he didn't think he could render a verdict on circumstantial evidence where the penalty would be death.

To Mr. Strode he replied that if the circumstantial evidence was strong enough to convince him of the guilt of the defendants he would return a verdict of guilty, but he didn't think the evidence could be strong enough to convince him. He was excused and the defense excepted.

James Reed was recalled and the examination brought out that he had read THE JOURNAL'S reports of testimony and had formed an opinion now. Contradictions had changed his opinion and his mind had wavered back and forth. He thought he could be convinced by circumstantial evidence.

Lambertson- Well would you
This caused a roar among the attorneys and the witness was not required to answer. The state challenged and the court overruled.

F. H. Dunham was recalled and when it was found that he had scruples against the death penalty, he was excused, cutting the number in the box down to four.

S. S. Griffin of Centerville precinct was not opposed to the imposition of the death penalty on circumstantial evidence. He had read of the case but had no opinion as to the guilt or innocence of the accused or the manner of Sheedy's death. He could presume the accused innocent until they were proven guilty; had never talked with any of the attorneys connected with the case and could give the accused a fair trial.

J. Z. Dobbs of Bennett, a blacksmith, had an opinion formed from reading the papers. He had read the testimony as printed in THE JOURNAL and was excused.

G. H. Baughman of Twenty-sixth and R streets had formed an opinion from reading the confession and parts of the testimony. He was excused.

William N. Abbot of 1220 A street was not opposed to the infliction of the death penalty; didn't know that he could be convinced by circumstantial evidence alone in capital cases. This he modified somewhat, but the challenge of the state was sustained.

W. F. Little, the Lincoln real estate agent, had been acquainted with John Sheedy and had formed and expressed and opinion from what he had read and heard; had read the confession and testimony and it would require testimony to remove his opinion. The challenge of the defense was sustained.

A. B. Norton of Davey had formed no opinion and was not opposed to the infliction of the death penalty; he thought he could be convinced by circumstantial evidence.

Was acquainted with Mr. Snell, and knew that "he used to be a good democrat until he changed over."

This created a ripple of laughter at the expense of Mr. Snell, who smiled rather guiltily and colored up.

The witness said he read the Farmers' Alliance and the Call. The defense appeared to think that these papers wouldn't teach them much and he took his seat in the box.

Henry Whitman lived near the Sheedy residence and was excused.

Charles E. Chowins had read everything about the case including the confession and the testimony, and had formed an opinion. The state challenged him. Mr. Strode continued the examination and the state withdrew its challenge. The witness thought he couldn't change his opinion and a challenge by the defense was sustained.

Frederick E. Shepherd, aged seventy-one, an expressman, had lived in Lincoln for eighteen years and never knew John Sheedy by sight. He had formed no opinion as to the guilt of the accused, had no scruples against the death penalty and could be convinced by circumstantial evidence. He had read part of the testimony, but formed no opinion of its truth or falsity; so also the confession. He had no opinions whatever in relation to the case and he was in condition to give the accused a fair shake. The defense challenged him because of his age, and he was excused.

J. N. Tiger lived near Waverly and was a farmer all his life; knew John Sheedy by sight, has no opinion as to the guilt of the accused; had no scruples against the death penalty, but couldn't be convinced by circumstantial evidence in such a case, and couldn't bring in a verdict of guilty on such evidence. He was excused.

Mr. Lambertson asked if the fact that there was some positive proofs corroborative of circumstantial evidence would make any difference.

He replied that it would.
At this point the court said that to his mind there never was a case where the evidence was entirely circumstantial and it was impossible to conceive of one, although the courts permitted the asking of such a question and he would follow the ruling of the courts.

W. J. Coates, a carpenter of Lincoln read only the Alliance and didn't know much about the case. He had read something about a confession and had an opinion which it would require testimony to remove. He had never read the testimony, but he was excused on the challenge of the defense.

James Van Campin of Little Salt precinct, a father, had formed and expressed no opinion as to the guilt of the accused; was not opposed to the death penalty but would have scruples against inflicting it on circumstantial evidence. If the evidence was strong enough, he supposed he would have to return a verdict of guilty. He had never read anything about the case, and had heard very little. He was passed for cause and took a seat in the jury box.

B. Kallemyn of South Pass precinct had seen Messrs. Stearns, Strode, Philpot and Billingsley at rallies at Hickman; never talked with them about the case. Had read what purported to be testimony and had formed an opinion. He could be convinced by circumstantial evidence and had no scruples against the death penalty. But he had formed an opinion and was excused upon a challenge by the defense.

R. Striker, a grocery clerk not now in employment, had read the confession and the verdict at the coroner's inquest. Didn't form an opinion as to the truth or falsity of either. He had had an opinion based on Monday's confession, but he hadn't followed the case and the opinion had vanished. He could presume the accused to be innocent and thought he could render a verdict on the law and evidence. From what he had read he had formed an opinion as to whether or not Sheedy was killed by a blow. He was excused on a challenge by the defense.

John Holmquest had an opinion as to the guilt or innocence of the accused, formed from reading the papers, and was opposed to hanging for murder.

"Suppose it were proven that one of these defendants killed John Sheedy with a cane in cold blood. would you have scruples against returning a verdict of guilty if it would result in the death penalty?"

Objected to by Stearns as incompetent, irrelevant and "brutal." Objection overruled.

The witness said he would never return a verdict tha would result in "stringing anybody up," and was excused.

Frank E. Doyle, a carpenter of this city, was opposed to the infliction of the death penalty on circumstantial evidence but not otherwise. He had read all about the case, but didn't know that he had any well defined opinion. This witness was submitted to a rigorous examination by Colonel Philpott, which the court peremptorily interrupted.

"Where a witness endeavors to answer questions of counsel as fairly as this witness has he is entitled to the protection of the court, and will get it."

Colonel Philpott insisted upon fastening an opinion in the mind of the juror who said he didn't know that he had any. He was finally challenged by the defense, but the challenge was overruled.

At this point the court interrupted the proceedings to announce that the information had floated in that the supreme court had spoken and that John M. Thayer had been declared to be governor and that Mr. Boyd was no longer governor. Several people in the audience attested their approval by clapping their hands, and a twinkle in the eyes of the court indicated that he was not at all displeased with the information.

E. B. King of [Nemaha?] precinct had read THE JOURNAL, the Bee and the World-Herald, and wanted more. He had read it all, formed an opinion and had it still. He was excused.

L. L. Lyman, ex-water commissioner, had formed and expressed no opinion as to the guilt of the accused; had no scruples against the infliction of the death penalty upon circumstantial evidence. Read part of Monday's confession, but not the evidence. He had no opinion whatever in the matter and could give defendants a fair trial, presuming them innocent until proven guilty. He was passed for clause and took his seat in the box.

G. W. Lamb of Lincoln, a real estate agent, had formed an opinion as to the guilt or innocence of the accused and wouldn't like to chance rendering an impartial verdict. He was excused.

A. P. Martin, an insurance and real estate agent, had formed no opinion in the case. He was not opposed to the infliction of the death penalty on circumstantial evidence. He thought he could render an impartial verdict on the law and the evidence and was passed for cause.

Alexander McAllister of Lincoln, day laborer, had formed no opinion from reading the confession and the testimony. Challenged for cause and excused.

John Gross, brick checker for Buckstaff, had had an opinion as to the guilt of the accused formed on reading the papers and had it still. He also opposed the death penalty and was excused.

C. J. Roman of Lincoln had formed and expressed an opinion; had read the confession and the proceedings before the coroner's jury; had no scruples against inflicting the death penalty on circumstantial evidence. The defense challenged him and he was excused.

David Hettrick, a farmer from near Raymond, was not opposed to the death penalty on circumstantial evidence; had formed no opinion of the guilt or innocence of the accused; hardly ever read the papers and took only the Home Comfort, a story paper; never read anything about the Sheedy murder; had heard it talked about. He was passed for cause and took his seat in the row.

Frank E. Parks of South Twenty second street, collector for Wallingford & Shamp, was not opposed to the death penalty on circumstantial evidence, but he had read the confession and testimony before the coroner and had formed an opinion. He was excused.

J. W. Sperry, a painter of Lincoln, had read of the murder, but not the confession and testimony. He was not opposed to the infliction of the death penalty.

"I couldn't convict no one on no circumstantial evidence."

He said he couldn't be convinced beyond a reasonable doubt circumstantial evidence, and was excused.

F. W. Hunt of 1526 South Eleventh street, a Missouri Pacific switchman, had read the confession and had formed an opinion. He was excused.

Jurors who had not been called were cautioned to permit no one to discuss the case with them and the court announced an adjournment at 5:45 until 9 a.m. to-day.

When court adjourned there were eleven jurors in the box, as follows: Charles M. Ring, James Reed, L. L. Corey, J. W. Castor, S. S. Griffin, A. B. Norton, James Van Campin, Frank Doyle, I. L. Lyman, A. P. Martin, David Hettrick. They were marched away to camp over night in the jury room in charge of Colonel Taylor.

Mrs. Sheedy was escorted from the court room back to her room in the second story of the county jail building by her uncle, who assisted her with every evidence of tenderness and sympathy. Her sisters followed them, the quartette presenting a truly pathetic spectacle, the observed of all observers.

It is hardly probably that the panel will be completed to-day, as the defense is entitled to thirty-two peremptory challenges, instead of sixteen, as stated yesterday, and the state to six.

Mr. Lambertson alternated with County Attorney Snell yesterday in the examination of jurors. Mr. Strode took no part in the afternoon's examinations and it was said that he was unwell, although he was present in court the greater part of the time. Colonel Philpott and Mr. Stearns conducted the examinations for the defense and endeavored in two or three instances to inquire as to religious beliefs of the jurors, but were promptly cut short.

Judge Weir is a silent spectator of the proceedings.

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