10

MONDAY AND MARY IN COURT

OPENING DAY OF THE GREAT SHEEDY CASE.

Several Hours Consumed Over a Motion to Quash the Regular Panel of Jurors.

Nine Men Passed on the Challenge for Cause, Most of Whom Will Probably be Let Out on Peremptory Challenges.

Rather an Uninteresting Proceeding.
"State of Nebraska against McFarland and Sheedy."

So called Judge Field at 9:30 yesterday morning in the large court room of the county building. There were then not more than twenty spectators in the room. The prisoners and attorneys had not yet come in but upon the announcement the doors opened and the crowd of spectators swelled to a hundred.

Five minutes later Monday McFarland came in and strayed over to the south side of the judicial enclosure in an unconcerned manner, and took a seat near the attorney's table, where he crossed his legs and leaned back with the utmost composure to await the tide of momentous events soon to be surging around him. He wore yellow pantaloons and vest with a pronounced check therein, with a gray coat. One could search a year without finding a blacker darkey than Monday McFarland. His skin is sombre and smooth that it shines like a piece of black silk.

In another five minutes Mrs. Sheedy came in, accompanied by her two sisters, Mrs. Dean of this city and Mrs. Morgan of San Diego, Cal. The fair prisoner was looking not so unwell as rumors which have from time to time emanated from the jail would lead one to expect. She was very pale, but withal handsome, and her deep black raiment added that severity to her marble features which gives statuary its chief charm, Mrs. Dean was also in deep black, but Mrs. Morgan was attired in lighter costume with a touch of color in her hat.

"Mrs. Sheedy is certainly a modest-looking woman and not at all the sort of a defendant I expected to see," remarked a veteran court official, and his hearers agreed with him. She was perfectly composed and was in no way that was apparent to observers disturbed by the scene being enacted around her. Her calm and modest bearing undoubtedly excited the compassionate sympathy of all around her and no one could look at her pale face without experiencing the conviction that, unless she is endowed with supreme qualifications as in dissembler, there must be some terrible mistakes in the horrible stories related about her by Monday McFarland. To one unacquainted with her troubled past her fair, serene face would certainly indicate the strictest purity and piety. She watched with modest interest the entire proceedings of the day without indicating by so much as a smile or a frown their vast import to her.

The array of connsel seated about the table in front of the jury box comprised County Attorney Snell, Hon. F. M, Hall and Hon. G. M. Lambertson for the prosecution; Hon. H. W. Weir of Boise City, Idaho, and Strode & Stearns for Mrs. Sheedy; Colonel Philpott and [Messrs.?] Billingsley & Woodward for Monday McFarland.

Judge Weir, who appears as counsel for Mrs. Sheedy, is a man of small stature but but somewhat striking features, round which plays a constant halo of good humor and quick intelligence. His hair is white and his ample mustache and goatees are of the same color. Judge Weir was appointed chief justice of Idaho in 1888 by President Cloveland and served in that capacity for two years. He was formerly from Pittsburg. He is in the case at the instance of Mrs. Sheedy's uncle, Hon. H. W. [Biggerst?] of Boise City, Idaho, an aged gentleman, who came into court with the prisoner and her sisters. Mr. Biggerstaff is a man of prominence in Boise City, having gone to that section in 1862 and acquired an ample fortune. He is now engaged in the stock business. He is a large, fine-looking man, with a massive head and features. His hair, mustache and whiskers are also nearly white.

"Are you ready for trial?" asked the court of the county attorney.

"Yes, sir," promptly responded Mr. Snell.

"The clerk will call the jury."

Hon. J. B. Strode then stepped to the front and informed the court that he was awaiting the arrival of Mr. Stearns with some paers which he wished to file in the case.

Some twenty minutes were spent in awaiting the arrival of Mr. Stearns and in reading the papers when they came. The documents referred to comprised a motion to quash the regular panel of jurors for the alleged reason that it was not drawn full twenty days prior to the beginning of the trial term; that the names were not drawn from a list of one-tenth of the legal voters of the precincts of the county prepared by the commissioners as required by law, but from pocket memorand in the possession of the commissioners, and for the further reason that a special panel had been summoned for this trial.

Counsel for the defense stated that they wished to introduce oral, evidence
in support of their motion, which was already supported by the affidavit of Colonel Philpott.

"Do you wish to introduce counter-affidavits?" asked the court.

"We do," said Mr. Snell.

An adjournment was then taken until 1:30 o'clock, the defense being permitted an hour and a half in which to complete their affidavits, the state to have the remainder of the time until 1:30 o'clock.

"Hereafter, counsel will please bear in mind, court will convene promptly at 9 a.m., and counsel will please be in readiness at that hour. Court will stand adjourned until 1:30 o'clock."

The Afternoon Session.

It lacked but ten minutes of the 2 o'clock when the prisoners returned into court for the afternoon session, and it was somewhat later when the attorneys took their seats. The crowd of spectators was considerably increased, but there were but two or three ladies present.

Mr. Stearns read an affidavit of Mart Howe, county clerk, in which, it was made to appear that the county commissioners had never tiled in his office a list containing the names of one-tenth of the legal voters of each town and precinct.

Mr. Snell for the [seate?], read the affidavits of Alba Brown, county commissioner, District Clerk Sizer and Mart Howe, county clerk, showing that the law had been complied with except the actual formal filing of the list, which was at all times in the county clerk's office.

The court promptly overruled the motion to quash and instructed the clerk to call the jury. The following were called to the box: Matt Mauel, H. S. McGoogan, J. P. Hendry, Charles Ring, D. B. Howard, Henry Pfiefi, E. D. Champion, Ed Sisler, Fred O. Wedge, Clarence E. Hedges, J. B. Abbott and Henry Harkson. W. W. Carder was called, but was excused at the suggestion of the state, as his name is endorsed on the information as a witness.

Matt Mauel lives in the north part of the county and is a farmer; couldn't say that he had formed any opinion that would preclude his rendering a verdict according to the evidence, but he didn't think that he could render a verdict of guilty on circumstantial evidence where the punishment would be death. Mr. Mauel was challenged by the state for cause and was excused.

Max Westerman took his place. Max had read accounts of the case and had formed and expressed an opinion to the neighbors. Was not opposed to capital punishment. He was passed for the time being without challenge and without examination by the defense.

Fred O. Wedge, for three years a resident of East Lincoln, had read the evidence and formed an opinion

MONDAY AND MARY IN COURT

OPENING DAY OF THE GREAT SHEEDY CASE.

Several Hours Consumed Over a Motion to Quash the Regular Panel of Jurors.

Nine Men Passed on the Challenge for Cause, Most of Whom Will Probably be Let Out on Peremptory Challenges.

Rather an Uninteresting Proceeding.
"State of Nebraska against McFarland and Sheedy."

So called Judge Field at 9:30 yesterday morning in the large court room of the county building. There were then not more than twenty spectators in the room. The prisoners and attorneys had not yet come in but upon the announcement the doors opened and the crowd of spectators swelled to a hundred.

Five minutes later Monday McFarland came in and strayed over to the south side of the judicial enclosure in an unconcerned manner, and took a seat near the attorney's table, where he crossed his legs and leaned back with the utmost composure to await the tide of momentous events soon to be surging around him. He wore yellow pantaloons and vest with a pronounced check therein, with a gray coat. One could search a year without finding a blacker darkey than Monday McFarland. His skin is sombre and smooth that it shines like a piece of black silk.

In another five minutes Mrs. Sheedy came in, accompanied by her two sisters, Mrs. Dean of this city and Mrs. Morgan of San Diego, Cal. The fair prisoner was looking not so unwell as rumors which have from time to time emanated from the jail would lead one to expect. She was very pale, but withal handsome, and her deep black raiment added that severity to her marble features which gives statuary its chief charm, Mrs. Dean was also in deep black, but Mrs. Morgan was attired in lighter costume with a touch of color in her hat.

"Mrs. Sheedy is certainly a modest-looking woman and not at all the sort of a defendant I expected to see," remarked a veteran court official, and his hearers agreed with him. She was perfectly composed and was in no way that was apparent to observers disturbed by the scene being enacted around her. Her calm and modest bearing undoubtedly excited the compassionate sympathy of all around her and no one could look at her pale face without experiencing the conviction that, unless she is endowed with supreme qualifications as in dissembler, there must be some terrible mistakes in the horrible stories related about her by Monday McFarland. To one unacquainted with her troubled past her fair, serene face would certainly indicate the strictest purity and piety. She watched with modest interest the entire proceedings of the day without indicating by so much as a smile or a frown their vast import to her.

The array of connsel seated about the table in front of the jury box comprised County Attorney Snell, Hon. F. M, Hall and Hon. G. M. Lambertson for the prosecution; Hon. H. W. Weir of Boise City, Idaho, and Strode & Stearns for Mrs. Sheedy; Colonel Philpott and [Messrs.?] Billingsley & Woodward for Monday McFarland.

Judge Weir, who appears as counsel for Mrs. Sheedy, is a man of small stature but but somewhat striking features, round which plays a constant halo of good humor and quick intelligence. His hair is white and his ample mustache and goatees are of the same color. Judge Weir was appointed chief justice of Idaho in 1888 by President Cloveland and served in that capacity for two years. He was formerly from Pittsburg. He is in the case at the instance of Mrs. Sheedy's uncle, Hon. H. W. [Biggerst?] of Boise City, Idaho, an aged gentleman, who came into court with the prisoner and her sisters. Mr. Biggerstaff is a man of prominence in Boise City, having gone to that section in 1862 and acquired an ample fortune. He is now engaged in the stock business. He is a large, fine-looking man, with a massive head and features. His hair, mustache and whiskers are also nearly white.

"Are you ready for trial?" asked the court of the county attorney.

"Yes, sir," promptly responded Mr. Snell.

"The clerk will call the jury."

Hon. J. B. Strode then stepped to the front and informed the court that he was awaiting the arrival of Mr. Stearns with some paers which he wished to file in the case.

Some twenty minutes were spent in awaiting the arrival of Mr. Stearns and in reading the papers when they came. The documents referred to comprised a motion to quash the regular panel of jurors for the alleged reason that it was not drawn full twenty days prior to the beginning of the trial term; that the names were not drawn from a list of one-tenth of the legal voters of the precincts of the county prepared by the commissioners as required by law, but from pocket memorand in the possession of the commissioners, and for the further reason that a special panel had been summoned for this trial.

Counsel for the defense stated that they wished to introduce oral, evidence
in support of their motion, which was already supported by the affidavit of Colonel Philpott.

"Do you wish to introduce counter-affidavits?" asked the court.

"We do," said Mr. Snell.

An adjournment was then taken until 1:30 o'clock, the defense being permitted an hour and a half in which to complete their affidavits, the state to have the remainder of the time until 1:30 o'clock.

"Hereafter, counsel will please bear in mind, court will convene promptly at 9 a.m., and counsel will please be in readiness at that hour. Court will stand adjourned until 1:30 o'clock."

The Afternoon Session.

It lacked but ten minutes of the 2 o'clock when the prisoners returned into court for the afternoon session, and it was somewhat later when the attorneys took their seats. The crowd of spectators was considerably increased, but there were but two or three ladies present.

Mr. Stearns read an affidavit of Mart Howe, county clerk, in which, it was made to appear that the county commissioners had never tiled in his office a list containing the names of one-tenth of the legal voters of each town and precinct.