16

TWELVE GOOD MEN AND TRUE

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afraid he was going to shoot her. The evidence will also show to you that at that time she said to one of her neighbors that she was going to leave John Sheedy, and one afternoon she did go to the neighboring house and say that she had left John Sheedy. Now bear in mind the evidence will show that this, her leaving John Sheedy and all of this, took place when Walstrom, this young man that she had met in Buffalo, was in the city. The evidence will show to you that Walstrom's coming to this state was not chance. She had told different persons in this town that Walstrom would be here, the only conclusion being that she had made arrangements with him when they were in Buffalo that he would come here, or they had carried on a secret and surreptitious correspondence in this manner. She had spoken to a young man by the name of John [?], who will be a witness [in?] this case, and told him that [?] Walstrom did come here that she [?] him, that is Klausner, to room [with?] this young man Walstrom, and so [when?] Walstrom did come to this city he went over to the Windsor hotel, where this young man Klausner was at work, sought him out and the two went together down here to a building known as the Heater block and there they picked out a room and roomed together. The evidence will also show to you that this Mr. Walstrom paid all of this room rent except about $1. It will also show to you that this young man carried notes back and forth between Mrs. Sheedy and this young man Walstrom. The prosecution does not know the contents of these notes. It will also show to you that Mrs. Sheedy sent down there to that room little delicacies for this yoing man Walstrom to eat, wines and cakes and knick-knacks and the like. And the evidence will also show to you that while this young man was here Mrs. Sheedy gave him presents, she also was seen with him at different times, and when this young man would call over at a neighbor's they would go and send up and Mrs. Sheedy would come over there. The evidence will also show to you that after this shooting that had been done, after Mrs. Sheedy was shot at, some time prior to this assault, that Mrs. Sheedy had remarked that the people could not say Harry did it-that is what she called this young man Walstrom-that the people could not say Harry did it, because Harry was at 'work that night. The evidence will also show to you that the very night John Sheedy was assaulted and lay there upon his bed of pain, that Mrs. Sheedy sent word by Charlie Carpenter to this young man Walstrom that John Sheedy had been struck over the head by some one. The evidence will also show you that after John Sheedy was dead she sent another messenger to this young man Walstrom, and told him as he valued her friendship he must be present at John Sheedy's funeral. We believe on the part of the state that we can convince you and show to you that Mrs. Sheedy was tired of her husband; that she had become infatuated with this young man; that she had determined to get rid of John Sheedy, get his property and enjoy it with her new found lover. Monday McFarland was the agent she chose to employ to assassinate her husband. She gave him money and promised him more to incite his cupidity; allowed him the pleasures of her body in order to get his confidence and get him into her possession and to [?] his courage, and she with the nerve of Lady Macbeth would [finish?] with the drug what had been begun with the club, if the blow that Monday gave him was not sufficient to cause his death. Now if poison was administered to Mr. Sheedy, who administered it? The evidence will show you that no one, so far as the state is aware, gave Mr. Sheedy anything except the doctors and herself, and all of the medicine that the doctor gave him was the [sulfonal?] ten grams at two doses, which I mentioned along in the first part of my statement to you. The dose that she gave him in the coffee-bear in mind the evidence will show you that immediately after that he passed into a stupor, comatose condition, from which he never recovered-and Mrs. Sheedy, when her husband was sinking, going to his long rest, remarked to different persons who were about the room that the doctors were giving him something; that the blow would not have caused his death. This is very brief as an outline of what we believe th evidence will show you. We believe the evidence will show you that John Sheedy was murdered, and that the defendants in this case murdered him. And if we show this to you beyond a reasonable doubt, we believe that it will be your duty as conscientious men and as upright jurors to return a verdict in accordance with such convictions, be the consequences and the penalty what they may."

Mr. [Stearns?] for Mary Sheedy.

Mr. [Stearns?], in presenting the case on behalf of his client, Mary Sheedy, said:

"I venture to say that if any of you gentlemen of the jury ever sat upon a jury where a murder case was tried, or was ever in a court room during the progress of a trial, you never heard the outline of as weak testimony claiming that a murder had been committed and asking you to convict upon the testimony as outlined, as you have heard this afternoon. Now, gentlemen of the jury, it is perfectly proper for the state to outline what he expects to prove it is perfectly proper for the defense to outline in a very brief manner the nature of the defense that we expect to interpose in a case of this kind. Now, we expect on the part of the defendant here, Mrs. Sheedy, who sits before you to-day with her pensive, sad face-we expect the testimony will show to you that her husband, John Sheedy, was a gambler; that he was a common gambler; that he had followed that business nearly all his life, if not all of it altogether; that he was a strong character of that kind, strong and influential among his associates; that he achieved distiction as a ruler over them; that he managed and controlled them; that he practically had a monopoly of the gambling business in this community: that by so [doing?] he had made many malignant and latter enemies among his own profession; that he had suspicions of members among his own profession; that a short time prior to the time he received the fatal blow he had private detectives in his employ to protect and guard him and keep him from receiving personal injury. We expect the testimony will show you satisfactorly that, as has been stated by the counsel for the state, a short time prior to the time this fatal blow was administered to John Sheedy someone made an assault upon him and fired a shot at him and that the bullet fell short of the [mission?] intended by the would be assassin. We expect that it will appear in evidence that the man that [?] that shot was a white man; that it will appear to your satisfaction by competent evidence, so there will be no question upon that point in your minds when you come to pass upon it. Now, as there is no crime that can be committed, or has ever been committed, unless there is a motive for it, they undertake to assign some kind of a motive, so far as Mrs. Sheedy was involved in this proceeding. What is the motive, now [?] They tell you that she was in Buffalo in July, 1890; she went there, as the evidence will show you, to receive medical treatment; while there she made a chance acquaintance of a young man, as has been stated Mr. Walstrom. It happens in after weeks that Mr. Walstrom came here for his health. Now then, gentlemen of the jury, there are some little circumstances that will connect Mrs. Sheedy with this man Walstrom; some insignificant circumstances. I undertake to show to you that there is nothing