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 office, where, assisted by Clerk Howe, he drew from the box the third panel of 150 names comprising Thomas L. Phillips, Henry Fix, J. H. Mauritius, J. H. Fawell, M. L. Hittser, Henry L. Willis, Alfred J. Shilling, Ed T. Hooke, Milo Chase, Albert J. McGee, Charles McCall, L. B. Treeman, J. P. Chipman, Abner Heator, W. E. Morse, A. K. Webster, W. G. Wake, J. C. McBride, R. H. Corner, S. G. Kent, J. W. Randall, J. D. Johnson, S. A. Warner, O. P. Colby, O. N. Gardner, B. S. Littlefield, C. W. Jackson, J. M. Bell, John McManigal, Andrew Cox, George Bostater, Rober Mitchell, A. A. Cummings, Fred Gardner, Clent Steiner, Fred Kent, W. S. Hubble, J. W. Fay, F. Beckman, J. E. R. Millar, J. C. Pentzer, Thomas Sewell, E. B. Pancher, J. H. Sherwood, E. B. Barney, I. N. Baker, C. W. Mosher, E. B. Finney, Thomas Ewing, R. H. Oakley, John Sturm, John Beardmore, H. A. Adams, J. D. Garner, C. H. Bottom, Dennis Merriman, J. B. McDill, Emrov Kearns, Charles Austin, J. M. Bronson, F. Calkins, C. T. Timmons, M. S. Bacon, A. Humphrey, Leopald Barr, George A. Hendry, James C. McHaffee, H. S. Cutter, W. S. Corey, J. D. Calhoun, Fred Hilderbrand, A. Halter, William Burch, E. E. Bennett, George Parrish, R. C. Hazlett, E. c. Hartshorn, C. C. Classon, H. [Etche?], jr., Roscoe Perry, Joe Carter, J. C. Banis, W. V. Bain, Louis W. Coats, William Fosborn, all of Lincoln.

S. H. Hackman, South Pass; J. A. Taut, Nemaha; Edward Beemp, Garfield; B. F. Sakes, North Bluff; E. W. Pinkley, West Lincoln; William Brown, Grant; C. S. Cadwallader, Little Salt; M. H. Baldwin, Lancaster; Luther Batten, Oak; C. A. Scott, Rock Creek; C. W. Rhodes, Lancaster; Ed Young, Panama; J. R. Roskow, Denton; H. A. Larriemer, Little Salt; Jan Johnson, Grant; Joshua Berson, Panama; James Fasher, Olive Branch; Fred Muller, J. P. Bolton, Saltillo; Henry Malone, Buda; Wm. Hartman, Olive Branch; W. H. Ivers, Waverly; Phillip Opp, Rock Creek; William Dullenty, North Bluff; William [Brinton?], Oak; J. Geogan, West Lincoln; Chris Keller, Buda; Joseph Spencer, Nemaha; George Esterbrook, Waverly; John Robertson, Panama; G. W. Hoffo, Stevens Creek; W. H. Meeks, Centerville; A. B. Jacoby, Stevens Creek; William Spencer, Buda; George E. Cox, West Lincoln; Thomas Riley, Buda; Fred Winen, Centerville; Ben Underwood, Stockton; M. H. Mills, Waverly; Joshua Kelly, Lancaster; Henry Forbes, Yankee Hill; Ross Crabtree, Stevens Creek; William Beason, Elk; George Gaskell, Mill; E. D. Harris, sr., Joseph Harrison, Lancaster; Charles Loring, Mill; J. T. Higgins, West Lincoln; Oscar Law, North Bluff; William Reed, Lancaster; J. A. Baker, West Lincoln; Archie Turner, Lancaster; W. Hook, West Lincoln; William Kenyon, Little Salt; A. J. McGuire, Grant; William Odell, Lancaster; Ed. Franklin, Garfield; George Hanser, Middle Creek; Adolph Waite, Olive Branch; J. J. Chambers, Stockton; W. A. Deerfield, Nemaha; A. Braner, George Kelwarf, Highland.

The sheriff's force was started out at once in every direction with summons for the above to the end that all could be served ere this morning, and that at least a portion of them brought in during yesterday afternoon.

The Afternoon Session

It was a quarter after 3 o'clock when court reconvened. Mrs. Sheedy came in accompanied by Mrs. Morgan, Mrs. Baker and her uncle, the other sister, Mrs. Dean, being absent for the first time. The auditorium was well filled, but the few ladies present only remained long enough to get a glimpse at Mrs. Sheedy.

Some time was consumed by Attorneys Strode, Sterans and Billingsley in preparing another motion to quash the third special panel on the old grounds advanced against the others, during which time Monday McFarland sat with his lips glued to Colonel Philpott's ear.

"Before proceeding further I wish to say," remarked the court, "that Mr. Reed, by agreement of counsel, is excused from further service as a juror."

The gentleman named, who had been on since the first day, left the box. It appeared that his wife was about to be ill at their home in Denton precinct and had no one to care for her except her old mother.

John Hartzell of Yankee Hill was the first juror called. He had read all the accounts in the Lincoln papers and had formed an opinion; had no prejudices but it would take evidence to remove that impression. He was excused, although he thought he could render a fair verdict.

C. R. Chittenden of Yankee Hill knew neither Sheedy nor the accused; was not opposed to the death penalty, but had read the confession and had erected a two-story opinion thereon. He was promptly fired.

M. F. Lamaster of Lincoln thought he had formed an opinion; had read the papers containing the confession and it would take evidence to remove his opinion. He was excused.

Charles Hass of Elk precinct, a German, had an opinion as to the guilt or innocence of the accused; didn't think he could render an impartial verdict, even if he could understand it all. He was excused.

Joseph Wong, who was a farmer and a Celestial, had formed his opinion of the case from what he had read and was against capital punishment. He had read the confession and the court let him out.

Henry F. Stafford, lived seven miles southwest, was afflicted with an impediment in his hearing and was excused.

George Carr of West Oak showed up in a new G. A. R. uniform and said he didn't know that he had formed or expressed an opinion; his best impression was that he had not; hadn't read anything but the weekly Bee and didn't know much about the case; hadn't read the testimony nor confession; had no scruples against the death penalty; believed it would be different with a woman; would have scruples against returning a verdict against a woman where the death penalty would attach. The juror changed this opinion upon further examination and concluded that he would convict a woman as quickly as a man. He thought he would be an impartial juror. He had formed an opinion as to whether or not Sheedy came to his death as the result of a conspiracy and probably that the defendants, or one of them, was connected with it. He was excused.

David Duff of Yankee Hill had formed no opinion of the guilt of the accused. He knew Billingsley, Philpott, Stearns and Strode; Sterrns had tried a case for him; had read a little of the case, but formed no opinion; had no scruples against the death penalty, but didn't know what he would do if the evidence were entirely circumstantial. Juror was an Irishman and knew the attorneys for the state; Had not read the confession or testimony and had no opinion; Knew John Sheedy for a good many years. Juror had no opinions of how Sheedy came to his death and could presume defendants to be innocent. He was passed to the jury box.

This exhausted the second special panel and Mr. Strode filed his motion to quash the third one. Overruled and defendant excepts.

Charles McCall, pharmacist, was called. He was not personally acquainted with John Sheedy. He was excused under the law as a druggist.

Alfred J. Shilling fell by the wayside in the same manner. He had formed an opinion.

E. W. Pinkley of West Oak was not acquainted with Sheedy and had formed no opinoin; had read the evidence and confession, but couldn't reach a conclusion thereon. It may have formed an impression concerning one or both of the defendants. Could presume defendants to be innocent; had no scruples against the infliction of the death penalty, even on circumstantial evidence. Had no opinion and didn't remember ever having had one. The challenge of the defense was overruled.

The twenty-fifth challenge of the defense struck the Irishman, David Duff.

Elgin C. Hartshorn was called and said he had an opinoin, but could be a fair juror. He was passed to the box.

E. W. Pinkley went out on the twenty-sixth challenge of the defense.

E. E. Bennett had formed an opinion and had it still, wherefore neither side apperared to want him.

Rosco A. Perry had an opinon that would hardly go into a No. 7 1/4 hat and he was excused.

John Fawell was excused without having showed up, as he was at work in the recorder's office.

Fred Gardner, jeweler, had based a full-jewelled opinion on what he had read and was given his time.

F. Beckman guessed he had formed and expressed an opinion and had it concealed about his person that very moment. He was excused.

J. E. R. Millar had an opinion and was allowed to go home to rest, as he said he hadn't had any for two or three nights.

J. P. Chipman had an opinion on his mental [hooks?] and was excused.

W. G. Wilson, dealer in general merchandise, thought it would take mighty straight evidence to justify a verdict for capital punishment. It would take very strong evidence to remove the opinion he had formed. He was excused.

W. E. Morse of Hardy & Pitcher's store, said he would refuse to return a verdict inflicting capital punishment.

Robert Mitchell was sixty-two years old and was allowed to go.

George Parrish of 1431 R street had formed an opinion from reading the newspapers and had it still. He was excused.

W. V. Bain, a bookbinder, had conscientious scruples against the death penalty except upon the most positive evidence. He also had an opinion and was told to depart.

R. C. Hazlott, bookkeeper, had formed an opinion, but din't know that he had expressed it formed it from the published testimony. He got away.

Leopald [Burr?], jeweler, was opposed to capital punishment, and would have to witness an act himself ere he would favor inflicting it.

Attorney Cummins sneaked out of the long ordeal because he was a member of the bar.

J. D. Calhoun, being a newspaper man, had an opinoin and knew what it was. It was based on what he had read and heard.

Druggist Steiner claimed his exemption and registered for a fee at Ed Sizer's prescription case.

C. S. Classon thought he had formed and expressed an opinion on having read a part of the confession and the headlines in the papers. He was excused.

B. S. Littlefield, newspaper man, had both formed and expressed a decided opinion, and was promptly let away.

John McManigal's democracy didn't save him, having read the newspapers and actually indulged in the luxury of an opinion.

Philpott: "Are you a member of the farmer's alliance?"

"Well, not to any alarming extent."

He was excused.

Dr. Finney was granted his exemption as a practicing physician.

George Bostater didn't oppose capital punishment, but had an opinion of the guilt or innocence of defendants. He was excused.

J. D. Johnson had discussed his formed opinion, and had read the confession. He was sent away.

Milo Chase of Sixteenth and O streets knew John Sheedy and thought he had an opinion which he had expressed. Had read a good deal of the confession and testimony. He was excused.

A. Heater was possessed of an opinion. Colonel Walstrom, who was mixed up in the case, roomed in the juror's building and the latter was a witness at the preliminary hearing. He was excused.

James C. McHaffee, ex-proprietor of the Hotel Meck, had an opinion and was not wanted.

L. B. Treeman was sixty-two and had expressed an opinion. He had read Monday's tale of woe and was not wanted.

There were no more jurors in court and Judge Kield adjourned proceedings until 9 a. m. to-day.

The eleven men in the box were J. Van Campin, George Albrecht, J. C. Jensen, A. B. Norton, H. H. Shatzell, John H. Hart, A. W. Weddifield, Jacob Croy, Albert Ward, Warren Clark and Elgin C. Hartshorn.

During the day the defense had used seven peremptory challenges, leaving it six yet to exhaust. The state exausted two challenges and has two remaining. It is a matter of general prediction that the close of the sixth day's work will not see the penet finally filled.

Seventy-three men were examined yesterday, increasing the total to 289.

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 office, where, assisted by Clerk Howe, he drew from the box the third panel of 150 names comprising Thomas L. Phillips, Henry Fix, J. H. Mauritius, J. H. Fawell, M. L. Hittser, Henry L. Willis, Alfred J. Shilling, Ed T. Hooke, Milo Chase, Albert J. McGee, Charles McCall, L. B. Treeman, J. P. Chipman, Abner Heator, W. E. Morse, A. K. Webster, W. G. Wake, J. C. McBride, R. H. Corner, S. G. Kent, J. W. Randall, J. D. Johnson, S. A. Warner, O. P. Colby, O. N. Gardner, B. S. Littlefield, C. W. Jackson, J. M. Bell, John McManigal, Andrew Cox, George Bostater, Rober Mitchell, A. A. Cummings, Fred Gardner, Clent Steiner, Fred Kent, W. S. Hubble, J. W. Fay, F. Beckman, J. E. R. Millar, J. C. Pentzer, Thomas Sewell, E. B. Pancher, J. H. Sherwood, E. B. Barney, I. N. Baker, C. W. Mosher, E. B. Finney, Thomas Ewing, R. H. Oakley, John Sturm, John Beardmore, H. A. Adams, J. D. Garner, C. H. Bottom, Dennis Merriman, J. B. McDill, Emrov Kearns, Charles Austin, J. M. Bronson, F. Calkins, C. T. Timmons, M. S. Bacon, A. Humphrey, Leopald Barr, George A. Hendry, James C. McHaffee, H. S. Cutter, W. S. Corey, J. D. Calhoun, Fred Hilderbrand, A. Halter, William Burch, E. E. Bennett, George Parrish, R. C. Hazlett, E. c. Hartshorn, C. C. Classon, H. [Etche?], jr., Roscoe Perry, Joe Carter, J. C. Banis, W. V. Bain, Louis W. Coats, William Fosborn, all of Lincoln.

S. H. Hackman, South Pass; J. A. Taut, Nemaha; Edward Beemp, Garfield; B. F. Sakes, North Bluff; E. W. Pinkley, West Lincoln; William Brown, Grant; C. S. Cadwallader, Little Salt; M. H. Baldwin, Lancaster; Luther Batten, Oak; C. A. Scott, Rock Creek; C. W. Rhodes, Lancaster; Ed Young, Panama; J. R. Roskow, Denton; H. A. Larriemer, Little Salt; Jan Johnson, Grant; Joshua Berson, Panama; James Fasher, Olive Branch; Fred Muller, J. P. Bolton, Saltillo; Henry Malone, Buda; Wm. Hartman, Olive Branch; W. H. Ivers, Waverly; Phillip Opp, Rock Creek; William Dullenty, North Bluff; William [Brinton?], Oak; J. Geogan, West Lincoln; Chris Keller, Buda; Joseph Spencer, Nemaha; George Esterbrook, Waverly; John Robertson, Panama; G. W. Hoffo, Stevens Creek; W. H. Meeks, Centerville; A. B. Jacoby, Stevens Creek; William Spencer, Buda; George E. Cox, West Lincoln; Thomas Riley, Buda; Fred Winen, Centerville; Ben Underwood, Stockton; M. H. Mills, Waverly; Joshua Kelly, Lancaster; Henry Forbes, Yankee Hill; Ross Crabtree, Stevens Creek; William Beason, Elk; George Gaskell, Mill; E. D. Harris, sr., Joseph Harrison, Lancaster; Charles Loring, Mill; J. T. Higgins, West Lincoln; Oscar Law, North Bluff; William Reed, Lancaster; J. A. Baker, West Lincoln; Archie Turner, Lancaster; W. Hook, West Lincoln; William Kenyon, Little Salt; A. J. McGuire, Grant; William Odell, Lancaster; Ed. Franklin, Garfield; George Hanser, Middle Creek; Adolph Waite, Olive Branch; J. J. Chambers, Stockton; W. A. Deerfield, Nemaha; A. Braner, George Kelwarf, Highland.

The sheriff's force was started out at once in every direction with summons for the above to the end that all could be served ere this morning, and that at least a portion of them brought in during yesterday afternoon.

The Afternoon Session

It was a quarter after 3 o'clock when court reconvened. Mrs. Sheedy cam in accompanied by Mrs. Morgan, Mrs. Baker and her uncle, the other sister, Mrs. Dean, being absent for the first time. The auditorium was well filled, but the few ladies present only remained long enough to get a glimpse at Mrs. Sheedy.

Some time was consumed by Attorneys Strode, Sterans and Billingsley in preparing another motion to quash the third special panel on the old grounds advanced against the others, during which time Monday McFarland sat with his lips glued to Colonel Philpott's ear.

"Before proceeding further I wish to say," remarked the court, "that Mr. Reed, by agreement of counsel, is excused from further service as a juror."

The gentleman named, who had been on since the first day, left the box. It appeared that his wife was about to be ill at their home in Denton precinct and had no one to care for her except her old mother.

John Hartzell of Yankee Hill was the first juror called. He had read all the accounts in the Lincoln papers and had formed an opinion; had no prejudices but it would take evidence to remove that impression. He was excused, although he thought he could render a fair verdict.

C. R. Chittenden of Yankee Hill knew neither Sheedy nor the accused; was not opposed to the death penalty, but had read the confession and had erected a two-story opinion thereon. He was promptly fired.

M. F. Lamaster of Lincoln thought he had formed an opinion; had read the papers containing the confession and it would take evidence to remove his opinion. He was excused.

Charles Hass of Elk precinct, a German, had an opinion as to the guilt or innocence of the accused; didn't think he could render an impartial verdict, even if he could understand it all. He was excused.

Joseph Wong, who was a farmer and a Celestial, had formed his opinion of the case from what he had read and was against capital punishment. He had read the confession and the court let him out.

Henry F. Stafford, lived seven miles southwest, was afflicted with an impediment in his hearing and was excused.

George Carr of West Oak showed up in a new G. A. R. uniform and said he didn't know that he had formed or expressed an opinion; his best impression was that he had not; hadn't read anything but the weekly Bee and didn't know much about the case; hadn't read the testimony nor confession; had no scruples against the death penalty; believed it would be different with a woman; would have scruples against returning a verdict against a woman where the death penalty would attach. The juror changed this opinion upon further examination and concluded that he would convict a woman as quickly as a man. He thought he would be an impartial juror. He had formed an opinion as to whether or not Sheedy came to his death as the result of a conspiracy and probably that the defendants, or one of them, was connected with it. He was excused.

David Duff of Yankee Hill had formed no opinion of the guilt of the accused. He knew Billingsley, Philpott, Stearns and Strode; Sterrns had tried a case for him; had read a little of the case, but formed no opinion; had no scruples against the death penalty, but didn't know what he would do if the evidence were entirely circumstantial. Juror was an Irishman and knew the attorneys for the state; Had not read the confession or testimony and had no opinion; Knew John Sheedy for a good many years. Juror had no opinions of how Sheedy came to his death and could presume defendants to be innocent. He was passed to the jury box.

This exhausted the second special panel and Mr. Strode filed his motion to quash the third one. Overruled and defendant excepts.

Charles McCall, pharmacist, was called. He was not personally acquainted with John Sheedy. He was excused under the law as a druggist.

Alfred J. Shilling fell by the wayside in the same manner. He had formed an opinion.

E. W. Pinkley of West Oak was not acquainted with Sheedy and had formed no opinoin; had read the evidence and confession, but couldn't reach a conclusion thereon. It may have formed an impression concerning one or both of the defendants. Could presume defendants to be innocent; had no scruples against the infliction of the death penalty, even on circumstantial evidence. Had no opinion and didn't remember ever having had one. The challenge of the defense was overruled.

The twenty-fifth challenge of the defense struck the Irishman, David Duff.

Elgin C. Hartshorn was called and said he had an opinoin, but could be a fair juror. He was passed to the box.

E. W. Pinkley went out on the twenty-sixth challenge of the defense.

E. E. Bennett had formed an opinion and had it still, wherefore neither side apperared to want him.

Rosco A. Perry had an opinon that would hardly go into a No. 7 1/4 hat and he was excused.

John Fawell was excused without having showed up, as he was at work in the recorder's office.

Fred Gardner, jeweler, had based a full-jewelled opinion on what he had read and was given his time.

F. Beckman guessed he had formed and expressed an opinion and had it concealed about his person that very moment. He was excused.

J. E. R. Millar had an opinion and was allowed to go home to rest, as he said he hadn't had any for two or three nights.

J. P. Chipman had an opinion on his mental [hooks?] and was excused.

W. G. Wilson, dealer in general merchandise, thought it would take mighty straight evidence to justify a verdict for capital punishment. It would take very strong evidence to remove the opinion he had formed. He was excused.

W. E. Morse of Hardy & Pitcher's store, said he would refuse to return a verdict inflicting capital punishment.

Robert Mitchell was sixty-two years old and was allowed to go.

George Parrish of 1431 R street had formed an opinion from reading the newspapers and had it still. He was excused.

W. V. Bain, a bookbinder, had conscientious scruples against the death penalty except upon the most positive evidence. He also had an opinion and was told to depart.

R. C. Hazlott, bookkeeper, had formed an opinion, but din't know that he had expressed it formed it from the published testimony. He got away.

Leopald [Burr?], jeweler, was opposed to capital punishment, and would have to witness an act himself ere he would favor inflicting it.

Attorney Cummins sneaked out of the long ordeal because he was a member of the bar.

J. D. Calhoun, being a newspaper man, had an opinoin and knew what it was. It was based on what he had read and heard.

Druggist Steiner claimed his exemption and registered for a fee at Ed Sizer's prescription case.

C. S. Classon thought he had formed and expressed an opinion on having read a part of the confession and the headlines in the papers. He was excused.

B. S. Littlefield, newspaper man, had both formed and expressed a decided opinion, and was promptly let away.

John McManigal's democracy didn't save him, having read the newspapers and actually indulged in the luxury of an opinion.

Philpott: "Are you a member of the farmer's alliance?"

"Well, not to any alarming extent."

He was excused.

Dr. Finney was granted his exemption as a practicing physician.

George Bostater didn't oppose capital punishment, but had an opinion of the guilt or innocence of defendants. He was excused.

J. D. Johnson had discussed his formed opinion, and had read the confession. He was sent away.

Milo Chase of Sixteenth and O streets knew John Sheedy and thought he had an opinion which he had expressed. Had read a good deal of the confession and testimony. He was excused.

A. Heater was possessed of an opinion. Colonel Walstrom, who was mixed up in the case, roomed in the juror's building and the latter was a witness at the preliminary hearing. He was excused.

James C. McHaffee, ex-proprietor of the Hotel Meck, had an opinion and was not wanted.

L. B. Treeman was sixty-two and had expressed an opinion. He had read Monday's tale of woe and was not wanted.

There were no more jurors in court and Judge Kield adjourned proceedings until 9 a. m. to-day.

The eleven men in the box were J. Van Campin, George Albrecht, J. C. Jensen, A. B. Norton, H. H. Shatzell, John H. Hart, A. W. Weddifield, Jacob Croy, Albert Ward, Warren Clark and Elgin C. Hartshorn.

During the day the defense had used seven peremptory challenges, leaving it six yet to exhaust. The state exausted two challenges and has two remaining. It is a matter of general prediction that the close of the sixth day's work will not see the penet finally filled.

Seventy-three men were examined yesterday, increasing the total to 289.