12

MONDAY WASN'T WEAKENING

BUT WAS TELLING HOW MALONE WORKED IT.

Two Hundred and Eighty-Nine Men Examined as Juror in the Great Sheedy Case.

The Panel Will Hardly be Completed To-day - Another Special Panel Being Summoned for To-day.

Is Monday Getting the Worst of It!
"I see you intimated this morning that Monday was weakening." remarked Mr. Stearns of Mrs. Sheedy's counsel to a JOURNAL repersentative yesterday morning, refering to the mention made of the long conference held in the court room the preceding evening, between Monday McFarland and Mrs. Sheedy's attorney's.

"Will you publish what was said at that conference if we give you our notes thereof? I will give them to you if you will publish them."

Mr. Stearns continued that the conersation had been related solely to efforts of Officer Malone to frighten Monday into a confession, while confined at the city jail on the night of his arrest, the night upon which he made the confession which was printed at the time exclusively in THE JOURAL from the stenographer's reports. The attorney says that Monday was telling them what Malone said that night; how he endeavored to convince Monday that there was a mod after him and that he had better confess: how Malone had asked him whether he would prefer to be hung "by the neck" or other portions of his anatomy and whether he prefered a big mob or a little one.

"If they ever attempt to introduce that alleged confession in evidence," said Mr. Stearns, "we will hace some interesting testimony to offer as to how it was obtained. And that was his subject of our conversation with Monday."

It is generally remarked, however, that it was a little strange that Monday was permitted to hold such an extended secret conversation with Mrs. Sheedy's attorneys while his own were nowhere to be seen.

There is a growing impression among spectators, outside attorneys and even the officers of the court, that the jury is being selected chiefly in view of the probability of their clearing of the fair accused, let the "nigger" come out as he may. In fact Monday's consel has as far as appearances indicate, are taking a back seat in the selection of the jury. It may be due to the reasonable conviction on their part that it would be impossible to convict their dusky client without convicting aslo Mrs. Sheedy, which is certainly a fair conflusion from what evidence has hitherto been made public. Be that as it may, the impression is general that Mrs. Sheedy is not going to be left of the selection of the jury, even though the darkey may be. To the more observant, however, it is preceptible that when Monday's attorneys spot an Irishman on the jury, he comes off, as they realize that there is a natural antipathy between the races, and they don't risk the chance of permitting a son of Erin on the jury. The conclusion that an acquittal of Mrs. Sheedy will be also an acquittal of Monday is not a correct one, for should Monday's confession be introduced under the law it will be permitted to weigh only against himself and not against Mrs. Sheedy. This would not have been the case had not the courts charging a conspiracy been stricken out on motion of Colonel Philpott.

It was 9:15 when court was called to order. The prisoners came into court under the usual escort and looking none the worse for the last day's anxiety. Mrs. Sheedy was looking even better than at any time since the opening day.

A.M. Trimble of Garfield precinct, the first juror knew John Sheedy and had his opinions of the case. He had read the confession and testimony and thought his opinions were based thereon. Was not opposed to capital punishment. Mr. Trimble was excused by the defense.

Edwin Sharp, printer and paper hanger, knew Sheedy by sight. He had formed opinions that made bumps on his head, as he had read full accounts every day. He was excused.

Frizt Mundt was on the regular panel last fall and stood aside.

John D. Johnson was allowed to go because he had a wife sick in bed at home.

James Smith of Olive Branch precinct had read about the case; had not read the evidence or confession; read only a Bohemian paper; had no opinion as to the guilt of innocence of the accused. He couldn't understand the questions and was excused.

J. T. Clark of the town of Saltille, had read about the case; thought he could render a fair and impartial verdict, but would rather not sit; had fromed a partial opinion. He was humored in his desire to depart.

James Brabson, a gardener of this city, belied his name by being an Irishman. He thought he could render a fair and impartial verdict, as he had no opinions; hadn't read very much about the case nor talked about the guilt of the parties; didn't think he ever had any prejudice for or against the defendants. He was passed and the panel was full.

The defense hurled their twentieth challege at him and he fled.

C.H. Smith of Sprague came in to fill up the yawning gap. Smith is an implement dealer. He had read some of the testimony, but not the confession; didn't think he would be biased and was excused.

Thomas Heellan knew John Sheedy and was married to his first cousin. He was not wanted.

Dan Graham knew John SHeedy and had an opinion; he was sick and had business and was excused.

C.A. Rising of Lincoln had an opinion but thought he could decide the case according to the law and the evidence; had read the confession and tesimony. Excused.

Jacob Croy, a Lincoln carpenter, had known Sheedy; had formed an opinion of the case on what he had read; had no scruples against the death penalty; thought he could decide upon the law and the evidence. He filled the panel.

The twenty-first challenge of the defense let out Frank A. Graham, as Mr. Billingsly said he knew the juror wanted to get off.

W. H. Wilson of Garfield precinct, had formed something like an opinion, but wasn't quite sure of it; had no scruples against the death penalty. His opinion was big enough to let him out.

S. M. Miller of Centreville had heard enough to form an opinion but that opinion was not very securely founded. His opinion was that there was something wrong there, but as to who was the wrong-doer he had no opinion. He read the News, Call and Independent and took no stock in newspaper evidence, and it is no wonder. He thought he could render an impartial verdict, and was passed for cause.

The twenty-second challenge of the defense gave Mr. Miller a chance to go home.

L. G. Ivers of this city had had business relations with Mr. Billingsly and had read the confession and testimony, and had an opinion. He was excused.

C. M. Green was at one of the hearings and had opinions, but thought he could render a verdict on the evidence. He was excused, the defense resisting.

Ed Trimble of Garfield precinct, had read the newspapers and had an opinion, but could render a verdict according to the evidence. He would refuse to return a verdict for the death penalty.

L. Wessink of Panama, had no scruples against the death penalty and had an opinion formed upon reading Monday's confession. He wasn't wanted.

John M. Pollock of North Bluff precinct, had no scruples against the infliction of the death penalty on strong circumstantial evidence. He had read the confession of testimony but formed no opinion to speak of. He read the Call and News and was convinced that the newspapers publish a good deal that is not true. He had an infant opinion and was excused.

Robert T. McClellan of Lincoln had opinions that had worn holes in his hat and was not wanted.

M. C. Day, a painter of 1531 South Eighteent street, had an opinion as to the guilt or innocentce of the defendants, and in regard to one of them in particular.

"Which one is it?" asked Mr. Hall.

"We object," roared the defense in chorus, and Mr. Hall smiled as he sent forth a challenge whereon the juror retired.

Thomas Heardman of Lincoln had formed an opinion and didn't think he was unbiased. He was excused.

Albert Ward, a farmer near Waverly, hadn't read Monday's confession, took no newspaper, and had no opinions; had read nothing about it, but had heard about it: Ed Loder had talked to him about it; had heard that Sheedy was killed and something about how he was killed, but didn't know the names of those who were alleged to have killed him; had no scruples against capital punishment; and didn't think positive evidence necessary. He was passed.

The fourth challenge of the state dropped Alfred W. Gale.

J. A. Samuelson of Rock Creek precinct, didn't understand English as readily as he did Swede. He was excused.

Martin D. Henry of this city had never worked at day's work in his life, but was his own boss; knew all of the attorneys; had read the whole business; had formed opinoins, three of them; the third opinion was formed when the stomach came back; it affected only one of the parties; had blowed all three of them a good deal. This witness created considerable merriment by his frankly confident and witty answers.

C. A. lundell of Rock Creek precinct had read in a Swedish paper about what Monday had to say; he would vote to have a guilty hung. He was excused, as he did not understand English.

J. F. Roller of Bada precinct was not opposed to hanging but had an opinion that unfitted him for jury service. He was excused.

Warren Clark of Mill precinct, a farmer and school teacher, knew nothing about the case and had no opinoins, as he paid no attention to such matters; thought he could render an impartial verdict, and was not opposed to capital punishment, even on circumstantial evidence. For a school teacher this juror exhibited a remarkable lack of interest in current events, and the only thing he heard about the case was read to him by a neighbor just after the murder. He was passed for cause.

Clyde Krikpatrick fell a victim to defendant's twenty-third challenge.

James Coggshall, engineer at the Globe white lead works had no prejudices in the case and thought he could do unibiased service as a juror, though he had opinons formed on having read the evidence. Excused.

John Wendling, a Finlander, came in with a guardian who explained for him that he could neither talk nor understand English, and the guardian was allowed to beckon him away.

The name of Charles H. Brown was called and brought no response. The clerk stated that Mr. Brown had been personally served and failed to appear.

"Issue an attachment for Mr. Brown," said Judge Field.

This exhausted the second the second special panel and the clerk went back and recalled the names of prior absentees.

J. E. Bundy of Mill precinct had read the confession and was excused because he had formed an opinon.

John Flynn of Yankee Hill precinct had no scruples rgainst capital punishment but thought he was rather biased. He was excused on the challenge of the defense.

Ben Oltlemeyer lived in Buda and Olive Branch precincts, a teacher and a Hollauder by descent, took no newspapers and had read only the first accounts of the murder; had no scruples against the death penalty and could be convinced by circumstantial evidence; the summons took him away from his school. He was passed.

He was at once retired on the twenty-fourth challenge of the defense.

W. E. Brown of Twenty-eighth and Randolph, a house painter, knew nothing about the case and had no opinions, had read sketches of the case; knew Mr. Billingsley for twenty-two or twenty-three years and had worked for him; had heard of Monday's confession, but had no impression in regard to it. He was opposed to capital punishment and didn't think he could conscientiously return a verdict condemning a person to death. Thought he would return a verdict of guilty of murder in the first degree, even though the law would inflict the death penalty. The fact that the defendant was a woman would undoubtedly have some influence with him; he was opposed to the infliction of the death penalty upon a woman.

"But if, while objecting to the death penalty, that were the law, I should return a verdict of guilty, though it would be very hard to do. I am a law-abiding citizen; I fought for my country and propose to live by its laws, and I should return a verdict in accordance with the law."

"You would return a verdict of guilty, then, only because you thought the law commanded it?"

"Yes, sir."

"Wouldn't you hesitate longer over returning such a verdict than in a case where the death penalty doesn't attach?"

"We object," shouted the defendants' attorneys in chorus, and the court sustained the objection. He also excused the juror on the challenge of the state, the attorneys for Mrs. Sheedy protesting.

At this point it was discovered that no other jurors were present and an adjournment was taken until 3 p.m.

The Third Special Panel.

As soon as the morning session closed Clerk Sizer repaired to the county clerk's

MONDAY WASN'T WEAKENING

BUT WAS TELLING HOW MALONE WORKED IT.

Two Hundred and Eighty-Nine Men Examined as Juror in the Great Sheedy Case.

The Panel Will Hardly be Completed To-day - Another Special Panel Being Summoned for To-day.

Is Monday Getting the Worst of It!
"I see you intimated this morning that Monday was weakening." remarked Mr. Stearns of Mrs. Sheedy's counsel to a JOURNAL repersentative yesterday morning, refering to the mention made of the long conference held in the court room the preceding evening, between Monday McFarland and Mrs. Sheedy's attorney's.

"Will you publish what was said at that conference if we give you our notes thereof? I will give them to you if you will publish them."

Mr. Stearns continued that the conersation had been related solely to efforts of Officer Malone to frighten Monday into a confession, while confined at the city jail on the night of his arrest, the night upon which he made the confession which was printed at the time exclusively in THE JOURAL from the stenographer's reports. The attorney says that Monday was telling them what Malone said that night; how he endeavored to convince Monday that there was a mod after him and that he had better confess: how Malone had asked him whether he would prefer to be hung "by the neck" or other portions of his anatomy and whether he prefered a big mob or a little one.

"If they ever attempt to introduce that alleged confession in evidence," said Mr. Stearns, "we will hace some interesting testimony to offer as to how it was obtained. And that was his subject of our conversation with Monday."

It is generally remarked, however, that it was a little strange that Monday was permitted to hold such an extended secret conversation with Mrs. Sheedy's attorneys while his own were nowhere to be seen.

There is a growing impression among spectators, outside attorneys and even the officers of the court, that the jury is being selected chiefly in view of the probability of their clearing of the fair accused, let the "nigger" come out as he may. In fact Monday's consel has as far as appearances indicate, are taking a back seat in the selection of the jury. It may be due to the reasonable conviction on their part that it would be impossible to convict their dusky client without convicting aslo Mrs. Sheedy, which is certainly a fair conflusion from what evidence has hitherto been made public. Be that as it may, the impression is general that Mrs. Sheedy is not going to be left of the selection of the jury, even though the darkey may be. To the more observant, however, it is preceptible that when Monday's attorneys spot an Irishman on the jury, he comes off, as they realize that there is a natural antipathy between the races, and they don't risk the chance of permitting a son of Erin on the jury. The conclusion that an acquittal of Mrs. Sheedy will be also an acquittal of Monday is not a correct one, for should Monday's confession be introduced under the law it will be permitted to weigh only against himself and not against Mrs. Sheedy. This would not have been the case had not the courts charging a conspiracy been stricken out on motion of Colonel Philpott.

It was 9:15 when court was called to order. The prisoners came into court under the usual escort and looking none the worse for the last day's anxiety. Mrs. Sheedy was looking even better than at any time since the opening day.

A.M. Trimble of Garfield precinct, the first juror knew John Sheedy and had his opinions of the case. He had read the confession and testimony and thought his opinions were based thereon. Was not opposed to capital punishment. Mr. Trimble was excused by the defense.

Edwin Sharp, printer and paper hanger, knew Sheedy by sight. He had formed opinions that made bumps on his head, as he had read full accounts every day. He was excused.

Frizt Mundt was on the regular panel last fall and stood aside.

John D. Johnson was allowed to go because he had a wife sick in bed at home.

James Smith of Olive Branch precinct had read about the case; had not read the evidence or confession; read only a Bohemian paper; had no opinion as to the guilt of innocence of the accused. He couldn't understand the questions and was excused.

J. T. Clark of the town of Saltille, had read about the case; thought he could render a fair and impartial verdict, but would rather not sit; had fromed a partial opinion. He was humored in his desire to depart.

James Brabson, a gardener of this city, belied his name by being an Irishman. He thought he could render a fair and impartial verdict, as he had no opinions; hadn't read very much about the case nor talked about the guilt of the parties; didn't think he ever had any prejudice for or against the defendants. He was passed and the panel was full.

The defense hurled their twentieth challege at him and he fled.

C.H. Smith of Sprague came in to fill up the yawning gap. Smith is an implement dealer. He had read some of the testimony, but not the confession; didn't think he would be biased and was excused.

Thomas Heellan knew John Sheedy and was married to his first cousin. He was not wanted.

Dan Graham knew John SHeedy and had an opinion; he was sick and had business and was excused.

C.A. Rising of Lincoln had an opinion but thought he could decide the case according to the law and the evidence; had read the confession and tesimony. Excused.

Jacob Croy, a Lincoln carpenter, had known Sheedy; had formed an opinion of the case on what he had read; had no scruples against the death penalty; thought he could decide upon the law and the evidence. He filled the panel.

The twenty-first challenge of the defense let out Frank A. Graham, as Mr. Billingsly said he knew the juror wanted to get off.

W. H. Wilson of Garfield precinct, had formed something like an opinion, but wasn't quite sure of it; had no scruples against the death penalty. His opinion was big enough to let him out.

S. M. Miller of Centreville had heard enough to form an opinion but that opinion was not very securely founded. His opinion was that there was something wrong there, but as to who was the wrong-doer he had no opinion. He read the News, Call and Independent and took no stock in newspaper evidence, and it is no wonder. He thought he could render an impartial verdict, and was passed for cause.

The twenty-second challenge of the defense gave Mr. Miller a chance to go home.

L. G. Ivers of this city had had business relations with Mr. Billingsly and had read the confession and testimony, and had an opinion. He was excused.

C. M. Green was at one of the hearings and had opinions, but thought he could render a verdict on the evidence. He was excused, the defense resisting.

Ed Trimble of Garfield precinct, had read the newspapers and had an opinion, but could render a verdict according to the evidence. He would refuse to return a verdict for the death penalty.

L. Wessink of Panama, had no scruples against the death penalty and had an opinion formed upon reading Monday's confession. He wasn't wanted.

John M. Pollock of North Bluff precinct, had no scruples against the infliction of the death penalty on strong circumstantial evidence. He had read the confession of testimony but formed no opinion to speak of. He read the Call and News and was convinced that the newspapers publish a good deal that is not true. He had an infant opinion and was excused.

Robert T. McClellan of Lincoln had opinions that had worn holes in his hat and was not wanted.

M. C. Day, a painter of 1531 South Eighteent street, had an opinion as to the guilt or innocentce of the defendants, and in regard to one of them in particular.