833-C-I65
THE STATE OF NEBRASKA VS MONDAY McFARAND
AND MARY SHEEDY.
ed to be paid a fair and reasonable fee for his services rendered therein;
that said Hall is employed as counsel and attorney by Dennis Sheedy
one of the heirs of John Sheedy, deceased; and further affiant says not.
Lorenzo W Billingsley.
Subscribed in my presence and sworn to before me this 25th day
of May 1891.
SEAL
M Donaldson,
Notary Public.
E N D O R S E D:- State of Nebraska vs Monday McFarland and Mary Sheedy
-- Motion and Affidavid -- Clerk's Office, District Court, Filed May 26
1891. E R Sizer, Clerk Dist Court.
JOURNAL ENTRY
That on the 27th day of May 1891, (that being the 92nd day of the
February A D 1891 term of said Court,) were had and done the following
proceedings herein as appears upon Court Journal "W" at Page 74,
to-wit:
The State of Nebraska
-vs-
Monday McFarland and
Mary Sheedy.
833-C-I65
Information for Murder in the
First Degree and Accessories
thereto before the Fact.
Now on this day again came the County Attorney on behalf of the
State of Nebraska, and the defendants were brought into Court in the
custody of the Sheriff, attended by their counsel, respectively, and the
County Attorney, now on bejalf of the State of Nebraska, and the said
defendants by their counsel respectively, each announcing themselves
ready to proceed with the trial of this cause, the Court orders the
Clerk to call the names of the persons constituting the Jury in this
case, and thereupon came the said Jury in the charge of Grand McFarland,
the bailiff in whose charge they were left at the adjournment of Court
of yesterday, and each responds to his name as the same is called by the
Clerk and takes his seat in the Jury Box.
And thereupon the trial of this cause proceeded, and after hearing
the further argument of counsel in part, and the hour of adjournement
being at hand, the said Jury are duly admonished by the Court and placed
in the charge of W B Taylor, a bailiff of this Court, heretofore specially
sworn to take charge of said Jury and bring them into Court to-morrow
morning at 9 o'clock-to which time further proceedings in this case
are continued.
DEFENDANTS INSTRUCTIONS REFUSED
1.-The Court instructs the Jury that in the absence of evidence to
the contrary, the law presumes every one innocent; and this legal presumption
of innocence is a matter of evidence, to the benefit of which
the accused are entitled. The burden of proof is on the State to satisfy
the Jury of the guilt of the accused, even if they introduce no
