253

THE SHEEDY TRIAL.

-------------------------------

The Defense.

The law mercifully presumes every person innocent until it is established beyond a reasonable doubt that he is guilty, and it guarantees to every accused a fair and impartial trial.

In opening his statement for Mrs. Sheedy Mr. Stearns said that he ventured the assertion that none in the court room ever heard the outline of as weak testimony claiming that a murder had been committed. For the defense he stated that they expected to prove that Sheedy was a common gambler, having followed the business all his life; that he was a strong and influential man and had [?] a monopoly of the [?] business, and that as such he had [?] many bitter enemies who sought his life; that for some months prior to his death he, realizing this fact, had engaged the services of a private detective to watch his enemies and protect him from their efforts; that some weeks prior to his death he had been waylayed and shot at and that they would be able to prove that this shot was fired by a white man.

No crime was over committed without a motive. And what was the motive that they had assigned to Mrs. Sheedy in this case? They tell you that last summer she went to Buffalo. Yes, she went there for medical treatment, and while there she made a chance acquaintance, a young man by the name of Walstrom, who afterwards came to Lincoln. They were acquaintances but the state will come far shohrt of showing that they were anything more or that there was ever anything criminal in their relations. This man Walstrom was arrested at the same time these defendants were arrested, and charged with the same crime, but the examining magistrate discharged him, having failed to find him implicated in the matter in the slightest degree. Now gentlemen of the jury, there is another feature in this case which I thik will fully appear in testimony before you that will convince you that this is not a prosecution in any fair snese introduced here and managed by the state. You have but to look to the east and you see two very able counsel who have been retained as private counsel to assist the state in this case. It will occur to you, gentlemen of the jury, and your complete and perfect satisfaction, that this is a persecution; that is the cupidity of John Sheedy's brothers and sisters; that it is their cupidity and desires that influence them; that it is these impulses that have been working and have brought to bear in the case to encompass a conviction of this sorrow stricken, sad faced woman that appears here before you today, in order that they may get the whole of John Sheedy's estate instead of the half of it. It is blood money; it is a conspiracy to convict for the love of money, illustrating the old adage that "the love of money is the root of all evil" more pertinently than the presentation of it has ever come to your observation before. They have not allowed her one cent to maintain her. When the probate court has made her an allowance, a reasonable allowance for her maintenance and support, out of the estate of John Sceedy, the administrator representing the heirs has appealed from it, represented by one eof the learned counsel who appears to prosecute this case. They refused to let her have any support; they refused to let her have any say about the management of this estate or control of it, or have any voice in the management of it whatever, and this it will appear to you by satisfactory and convincing proof. Now then, gentlemen of the jury, you must remember, in analyzing and sifting this testimony, that you must be convinced of the truth of every material allegation in every one of the counts in this information before you can convict. You must remember that the state is large and powerful, and while it is the duty of the state to prevent crime and to punish its commission, no great harm will come to the state if an occasional criminal escapes. How is it on the other hand? How is it when an innocent person is convicted of death and is snetenced to be hung or imprisoned when they are innocent? Why it schocks the sensibilities unspeakably. You remember what has been said, often and often, that "it is better to let ninety-nine guilty ones escape rather than have one innocent suffer."

As one of counsel for Monday McFarland, Col. J. E. Philpot addressed the jury in a vigorous and vehement speech. Mr. Philpot dwelt upon the treatment that his client had received at the hands of officers and detectives who he declared had by the most censurable methods threatened the life of his client with a mob and the hangman's noose to extort from him through fear a most unreasonable and wholly untrue statement. He showed as he declared the inquisition methods resorted to and denounced in unmeasured terms the action of Malone and Melick, letting ex-Mayor Graham come in for a share in the roasting.

He spoke of the reward in sight and the incentive that it was for conspiracy against his client. He reviewed the plea for protection and enlivened the audience with hits at the prosecuting attorney that made the spectators alert and interested in the cross firing that occurred.

Dr. C. S. Hart's Evidence.

The hearing of evidence in the Sheedy murder case began Tuesday morning. The court room was but comfortably filled and during the forenoon there were but few ladies present. The fair prisoner came in supported by her three sisters and her uncle, Colonel Biggerstaff of Boise City, Idaho, and took the seats that have been reserved for them. McFarland sat at the end of the counsel's table and watched the proceedings with intense interest.

Dr. C. S. Hart was the first witness called for the state and [?] the witness stand for over three hours. He was cool, calm, collected and passed through the trying ordeal with much credit to himself, and on retiring received many congratulations on the able manner he had maintained his theory. About 7:30 on the evening of the assault of John Sheedy he was in his buggy at Eleventh and P streets. He heard two shots in rapid succession and drove hastily east to the Sheedy residence. Before his arrival three more shots were fired. On arriving he was met by Charlie Carpenter who told him to hurry into the house, as John Sheedy had been assaulted. He found Dr. Everett already at the bedside and the two dressed the wounds. Sheedy was sitting up and covered with blood when he got there and said: "I don't know what I have done to merit much treatment." Sheedy sat up in the chair while the wounds were dressed, some fifteen or twenty minutes. Found no fracture of the skull, but the cheek bone was subsequently found to be broken loose. Sheedy went to be after his wounds were dressed, [?] witness and Dr. Everett. Dr. Everett suggested giving him morphine to quiet him, but witness objected, as he had found once before that morphine acted unpleasantly upon him. He remained some minutes and left, promising to return shortly. When he came back Sheedy was complaining of pain in the head. He went out and procured three powders of sulfunal, of ten grains each, one of which he gave to him but was soon vomited up. An hour later another poder was given him, which was also vomited up. About one o'clock at his request Mrs. Sheedy prepared some hot coffee, he took the powder of sulfunal opened it, handed it to her and she put it in the coffee and gave to him to drink. This remained on his stomach and he grew quieter. Sulfonal is a sleep producing remedy but has no unpleasant effects like morphine. Sixty grains is the maximum dose. About four o'clock young Dennis Sheedy called his attention to the unnatural breating of the patient. He went into the ben room followed by the young man and Mrs. Sheedy and found him suffering from complete paralysis, and breathing only about six times a minute. Tried to administer a stimulant but he could not swallow, Dr. Everett was called and during the day a consultation of physicians was held, but nothing could be done. Witness said that his impression at the time was that Sheedy's death was due to compression at the base of the brain, caused by the shock from the blow, paralyzing the nerves of respiration and circulation. The symptoms of compression are almost identical with those of morphine poisoning except as to the contraction of the pupils of the eye. Explained that by compression he meant that there was a rush of blood to the brain and that it would be met by an unusual quantity of serum, more than would be absorbed readily in the ordinary course of nature, and that the combined influence of the two would be the compression of the nerves at the base of the brain and the upper portion of the spinal cord, producing paralysis of the parts affected by those nerves. Thought that there was bleeding at the base of the brain. The symptoms indicated it.

The witness further testified that at the consultation of physicicans subsequently held this theory was generally adopted. Dr. Woodward suggested trephining at the point where the wound was inflicted, but the other five physicians opposed this course as that was evidently not the point where the compression existed. Mrs. Sheedy was consulted and said she wished to abide but the decision of the majority. The witness spoke of Mrs. Sheedy's manifest concern for the recovery of her husband.

He testified that he was present at the autopay and that some fatty degeueration of the heart was found, which would lessen Sheedy's chances of life in case of a shock that the liver and kidneys were enlarged; that an unusually large gall stone found in the gall bladder. The doctor gave it as his opinion that Sheedy's death resulted from the effects of the blow received. No magnifying instrument was used in the examination, and the effects of compression might or might not be discovered, owing to circumstances. He found an unnusual quantity of moisture about the brain.

On cross examination the witness said that he had administered no hypodermic injection of morphine, as he did not discover any necessity therefor, the third dose of sulfonal having apparently produced the desired quieting effect.

The witness further testified that in his opinion if there was any morphine in his stomach at the time of his death it ought to have shown at the analysis. Further, sulfonal is tasteless; morphine is extremely bitter. When the last dose of sulfonal was given him in coffee he did not complain of bitterness nor make any wry face. If morphine had been given him at that time, one o'clock, it would have been manifest by two. The fatal symptoms were not noticed until four.

As to McFarland's Confession.

The reader is doubtless familiar with the disgusting and improbable story known as "McFarland's Confession." Tuesday afternoon the state put ex-Mayor Graham on the stand and sought through him to introduce this confession in evidence. The defense objected and the court held that before the alleged confession could be introduced the state must show that it was entirely voluntary and made without duress or undue influences, either promises or threats. The examination was then directed to that question. Ex-Mayor Graham felt sure that no undue influences were used in extorting the confession, but admitted that the following language had been used to the prisoner:

"I think you had better for your own good, if you want to save your own life, show this thing up. You have told enough already now in this matter to satisfy us who killed him. Now you can turn state's evidence, and all in all probablility they will let you off with your [life?]. That is my opinion. It will undoubtedly be much easier for you anyhow to associate the others that are more guilty than yourself in this matter."

He added, however, that this was withdrawn.

Myron E. Wheeler was sworn and testified that he had been retained by the coroner to report Monday's confession; he had been hehind a curtain in a corner of the marshal's office, where he could have touched him with his hand at any time. He had not heard Mayor Graham advise the withdrawal of the question or declaration heretofore mentioned, but couldn't say that he didn't do so. The witness then identified each of the questions complained of as ones that had been asked.

One of the objectionable features identified by the witness were the following two questions propounded at the very beginning of Monday's confession:

"You understand that if you have to stand this thing alone it will likely go hard with you?" "Well, it will lessen the severity of the consequences."

About fifteen minutes later still one of those present said:

"Every word you have said leads us to that conclusion, so you might as well make a clean breast of it. If you consider your own interests you must tell us what is reasonable. There is nothing that will save you except telling the truth. That whisky made you feel a little full, didn't it? Made you feel kind of good, didn't it?

Immediately following the above was another statement to which the defense points as a threat or an offer of immunity as follows:

"Just be fair and square with us; that is what we want. There is no danger to you, not one bit more. The greater guilt in a case of this kind attaches to the party who is the first cause of it, the one who impels the party to do it who is the most guilty in the eyes of the law. If you want to stand the whole brunt of this thing yourself, just stop where you are. Didn't you just go down and do that? You got that whisky and felt pretty good and came down and smashed Sheeny and run. There is no more harm in telling us than what you have already told. You have told us practically. Now we want you to make a clean breast of it."

W. W. Carder testified that at the time the confession was made he was night captain of the police force. He heard Malone tell McFarland frequently, they'll get you before morning." He also told him, "They are coming now and there are about fifty of them, but they are waiting until they get a hundred." The negro then appealed to Carder for protection, which was promised, but he doubted not only the good faith of the police, but their ability as well. The negro was badly scared, was satisfied that they had him so badly scared that he would say anything.

"What did he say," asked Mr. Weir, "of their having been a job put up on him?"

"He said there was a job put up on him. He didn't say there was a job put up on him, but that he was in with a job."

"There is not the best of feeling existing between you and Malone, is there?" said Mr. Hall.

"Not the best on earth; I can give you reasons for it if you wish."

"Never mind your reasons."

"I would like to give you my reasons and they are mighty good ones, too."

Dennis Sheedy, a brother of the deceased, admitted that the following question was put to the negro, but stated that it was withdrawn:

"I think you had better for your own good, if you want to save your own life, show this thing up. You have told enough already now in this matter to satisfy us who killed him. Now you can turn state's evidence, and all in probablity they will let you off with your life. That is my opinion. It will undoubtedly be much easier for you anyhow to associate the others that are more guilty than yourself in this matter."

He further stated that the negro had said to him: "I killed your brother." This raised a storm and was ruled out.

James Malone who was the principal detective in working up the case was put on the stand. The defense objected as he had violated the order of the court and had been found in an adjoining room on a lounge, with the door ajar, listening to Mayor Graham's testimony. The objection was over ruled, however, and his evidence was taken. He denied that threats of violence or promises were used to extort the confession. Did not tell Frank R. Waters, during the inquest, that at first the darky refused to tell a thing, but we told him that Mrs. Sheedy had given up the whole d--d thing and that the mob was coming. Did not say to Pinneo when asked as to how I had got the story out of Monday, that I had him put in the sweat box, and after I had asked him whether he would prefer to be hanged by the neck or some other portion of his anatomy, which I will not now mention, he gave the thing away. Did not say that, or words to that effect. Knew that Pinneo was sent to pump me and was careful not to say anything to him. I never told any one how I got the confession.

Frank R. Waters contradicted Malone and said that he had made such statements to him, as also did Detective Pinneo.

Myron Wheeler, the atenographer who took the confession, was again placed on the stand and asked to read the confession from the original notes.

The defense objected and Col. Stearns and Judge Weir of Boise City, Idaho, argued the question at length for Mrs. Sheedy and Captain Woodward for the negro. Mr. Hall spoke for the state.

At the conclusion of the argument Judge Field said:

"There is no doubt that this is the critical point and the important part of this case. If I had any doubt in my mind as to the course I should pursue I should not render an opinion at this time, but as it has been evident that this point of the case would come up on the trial, I have investigated the law pretty thoroughly and my view of the case is entirely settled. It being so, I see now reason for hesitating in the ruling. The law as I understand it in this state on a confession is about as has been stated by counsel, and especially by Judge Weir. I think he stated the facts very fairly, that the case is to be presented to the court to determine whether or not the confession should be submitted to the jury. If the court is of the opinion that the surroundings in the case and of the confession are such as to be intirely improper, then the court should exclude the confession and not submit it to the jury. If the court is of the opinion that the confession and all the circumstances attending and surrounding the confession should be submitted to the jury, it becomes a matter for them to pass upon as to whether or not the confession was made voluntarily and without inducements, as much as any of the other evidence. I am clearly of the opinion that this is admisable to go to the jury. Therefore I overrule the objection.

Exception by both defendants.

Mr. Strode: "Upon the part of the defendant, Mary Sheedy, we object to the admission of this alleged confession of Monday McFarland for the further reason that it was not made in her presence, but was made, if made at all, without her knowledge and assent, and cannot be in any way binding upon her, and cannot be received and put in evidence against her." Overruled. Exception.

Judge Field, in reply, said: "I see no way when two persons are charged and tried together, of using evidence against one and excluding it as against the other. That, however, will be covered by instructions. I will note the objection to the introduction of the confesiion and cover the question of its relevancy by an intruction."

Reading the Confession.

Myron E. Wheeler, the stenographer who took down McFarland's confession while concealed behind a curtain, did not relish the job of reading the confession. It was even reported that he contemplated leaving the city or feigning sickness in order to escape the disagreeable duty. Attorney Hall called the court's attention to the rumor, and Judge Field warned Mr. Wheeler not to attempt to evade his plain duty.

Most of the confession was published in VANITY FAIR two weeks ago. Those parts which related to the criminal intimacy between the two defendants were too indecent to publish. The witness read the confession so low that it could not be heard by the crowd outside the railing, and their [salacious?] curiosity was not ratified. During the reading Mrs. Sheedy sat with head up and face unmovable. Her sisters hid their faces in their hands, and as the fearful story was read shed tears.

Officer William Splain testified that while guarding the negro after his arrest he several times said he wanted to tell something.

Ex-Marshal Melick testified that the darky, when shown the cane on Sunday after his arrest, admitted it was his and said he got it of an unknown man from the Black Hills.

Witness told the prisoner this was a mistake and suggested that he make a clean breast of it as the officers had evidence enough to convict. Prisoner then protested innocence and claimed no knowledge of the crime.

Officer Kinney testified to finding the cane on the portch of the Sheedy house, and gave it to Officer Otto. He got a lantern to search for traces of blood. Thought there was light enough from the window

THE SHEEDY TRIAL.

-------------------------------

The Defense.

The law mercifully presumes every person innocent until it is established beyond a reasonable doubt that he is guilty, and it guarantees to every accused a fair and impartial trial.

In opening his statement for Mrs. Sheedy Mr. Stearns said that he ventured the assertion that none in the court room ever heard the outline of as weak testimony claiming that a murder had been committed. For the defense he stated that they expected to prove that Sheedy was a common gambler, having followed the business all his life; that he was a strong and influential man and had [?] a monopoly of the [?] business, and that as such he had [?] many bitter enemies who sought his life; that for some months prior to his death he, realizing this fact, had engaged the services of a private detective to watch his enemies and protect him from their efforts; that some weeks prior to his death he had been waylayed and shot at and that they would be able to prove that this shot was fired by a white man.

No crime was over committed without a motive. And what was the motive that they had assigned to Mrs. Sheedy in this case? They tell you that last summer she went to Buffalo. Yes, she went there for medical treatment, and while there she made a chance acquaintance, a young man by the name of Walstrom, who afterwards came to Lincoln. They were acquaintances but the state will come far shohrt of showing that they were anything more or that there was ever anything criminal in their relations. This man Walstrom was arrested at the same time these defendants were arrested, and charged with the same crime, but the examining magistrate discharged him, having failed to find him implicated in the matter in the slightest degree. Now gentlemen of the jury, there is another feature in this case which I thik will fully appear in testimony before you that will convince you that this is not a prosecution in any fair snese introduced here and managed by the state. You have but to look to the east and you see two very able counsel who have been retained as private counsel to assist the state in this case. It will occur to you, gentlemen of the jury, and your complete and perfect satisfaction, that this is a persecution; that is the cupidity of John Sheedy's brothers and sisters; that it is their cupidity and desires that influence them; that it is these impulses that have been working and have brought to bear in the case to encompass a conviction of this sorrow stricken, sad faced woman that appears here before you today, in order that they may get the whole of John Sheedy's estate instead of the half of it. It is blood money; it is a conspiracy to convict for the love of money, illustrating the old adage that "the love of money is the root of all evil" more pertinently than the presentation of it has ever come to your observation before. They have not allowed her one cent to maintain her. When the probate court has made her an allowance, a reasonable allowance for her maintenance and support, out of the estate of John Sceedy, the administrator representing the heirs has appealed from it, represented by one eof the learned counsel who appears to prosecute this case. They refused to let her have any support; they refused to let her have any say about the management of this estate or control of it, or have any voice in the management of it whatever, and this it will appear to you by satisfactory and convincing proof. Now then, gentlemen of the jury, you must remember, in analyzing and sifting this testimony, that you must be convinced of the truth of every material allegation in every one of the counts in this information before you can convict. You must remember that the state is large and powerful, and while it is the duty of the state to prevent crime and to punish its commission, no great harm will come to the state if an occasional criminal escapes. How is it on the other hand? How is it when an innocent person is convicted of death and is snetenced to be hung or imprisoned when they are innocent? Why it schocks the sensibilities unspeakably. You remember what has been said, often and often, that "it is better to let ninety-nine guilty ones escape rather than have one innocent suffer."

As one of counsel for Monday McFarland, Col. J. E. Philpot addressed the jury in a vigorous and vehement speech. Mr. Philpot dwelt upon the treatment that his client had received at the hands of officers and detectives who he declared had by the most censurable methods threatened the life of his client with a mob and the hangman's noose to extort from him through fear a most unreasonable and wholly untrue statement. He showed as he declared the inquisition methods resorted to and denounced in unmeasured terms the action of Malone and Melick, letting ex-Mayor Graham come in for a share in the roasting.

He spoke of the reward in sight and the incentive that it was for conspiracy against his client. He reviewed the plea for protection and enlivened the audience with hits at the prosecuting attorney that made the spectators alert and interested in the cross firing that occurred.

Dr. C. S. Hart's Evidence.

The hearing of evidence in the Sheedy murder case began Tuesday morning. The court room was but comfortably filled and during the forenoon there were but few ladies present. The fair prisoner came in supported by her three sisters and her uncle, Colonel Biggerstaff of Boise City, Idaho, and took the seats that have been reserved for them. McFarland sat at the end of the counsel's table and watched the proceedings with intense interest.

Dr. C. S. Hart was the first witness called for the state and [?] the witness stand for over three hours. He was cool, calm, collected and passed through the trying ordeal with much credit to himself, and on retiring received many congratulations on the able manner he had maintained his theory. About 7:30 on the evening of the assault of John Sheedy he was in his buggy at Eleventh and P streets. He heard two shots in rapid succession and drove hastily east to the Sheedy residence. Before his arrival three more shots were fired. On arriving he was met by Charlie Carpenter who told him to hurry into the house, as John Sheedy had been assaulted. He found Dr. Everett already at the bedside and the two dressed the wounds. Sheedy was sitting up and covered with blood when he got there and said: "I don't know what I have done to merit much treatment." Sheedy sat up in the chair while the wounds were dressed, some fifteen or twenty minutes. Found no fracture of the skull, but the cheek bone was subsequently found to be broken loose. Sheedy went to be after his wounds were dressed, [?] witness and Dr. Everett. Dr. Everett suggested giving him morphine to quiet him, but witness objected, as he had found once before that morphine acted unpleasantly upon him. He remained some minutes and left, promising to return shortly. When he came back Sheedy was complaining of pain in the head. He went out and procured three powders of sulfunal, of ten grains each, one of which he gave to him but was soon vomited up. An hour later another poder was given him, which was also vomited up. About one o'clock at his request Mrs. Sheedy prepared some hot coffee, he took the powder of sulfunal opened it, handed it to her and she put it in the coffee and gave to him to drink. This remained on his stomach and he grew quieter. Sulfonal is a sleep producing remedy but has no unpleasant effects like morphine. Sixty grains is the maximum dose. About four o'clock young Dennis Sheedy called his attention to the unnatural breating of the patient. He went into the ben room followed by the young man and Mrs. Sheedy and found him suffering from complete paralysis, and breathing only about six times a minute. Tried to administer a stimulant but he could not swallow, Dr. Everett was called and during the day a consultation of physicians was held, but nothing could be done. Witness said that his impression at the time was that Sheedy's death was due to compression at the base of the brain, caused by the shock from the blow, paralyzing the nerves of respiration and circulation. The symptoms of compression are almost identical with those of morphine poisoning except as to the contraction of the pupils of the eye. Explained that by compression he meant that there was a rush of blood to the brain and that it would be met by an unusual quantity of serum, more than would be absorbed readily in the ordinary course of nature, and that the combined influence of the two would be the compression of the nerves at the base of the brain and the upper portion of the spinal cord, producing paralysis of the parts affected by those nerves. Thought that there was bleeding at the base of the brain. The symptoms indicated it.

The witness further testified that at the consultation of physicicans subsequently held this theory was generally adopted. Dr. Woodward suggested trephining at the point where the wound was inflicted, but the other five physicians opposed this course as that was evidently not the point where the compression existed. Mrs. Sheedy was consulted and said she wished to abide but the decision of the majority. The witness spoke of Mrs. Sheedy's manifest concern for the recovery of her husband.

He testified that he was present at the autopay and that some fatty degeueration of the heart was found, which would lessen Sheedy's chances of life in case of a shock that the liver and kidneys were enlarged; that an unusually large gall stone found in the gall bladder. The doctor gave it as his opinion that Sheedy's death resulted from the effects of the blow received. No magnifying instrument was used in the examination, and the effects of compression might or might not be discovered, owing to circumstances. He found an unnusual quantity of moisture about the brain.

On cross examination the witness said that he had administered no hypodermic injection of morphine, as he did not discover any necessity therefor, the third dose of sulfonal having apparently produced the desired quieting effect.

The witness further testified that in his opinion if there was any morphine in his stomach at the time of his death it ought to have shown at the analysis. Further, sulfonal is tasteless; morphine is extremely bitter. When the last dose of sulfonal was given him in coffee he did not complain of bitterness nor make any wry face. If morphine had been given him at that time, one o'clock, it would have been manifest by two. The fatal symptoms were not noticed until four.

As to McFarland's Confession.

The reader is doubtless familiar with the disgusting and improbable story known as "McFarland's Confession." Tuesday afternoon the state put ex-Mayor Graham on the stand and sought through him to introduce this confession in evidence. The defense objected and the court held that before the alleged confession could be introduced the state must show that it was entirely voluntary and made without duress or undue influences, either promises or threats. The examination was then directed to that question. Ex-Mayor Graham felt sure that no undue influences were used in extorting the confession, but admitted that the following language had been used to the prisoner:

"I think you had better for your own good, if you want to save your own life, show this thing up. You have told enough already now in this matter to satisfy us who killed him. Now you can turn state's evidence, and all in all probablility they will let you off with your [life?]. That is my opinion. It will undoubtedly be much easier for you anyhow to associate the others that are more guilty than yourself in this matter."

He added, however, that this was withdrawn.

Myron E. Wheeler was sworn and testified that he had been retained by the coroner to report Monday's confession; he had been hehind a curtain in a corner of the marshal's office, where he could have touched him with his hand at any time. He had not heard Mayor Graham advise the withdrawal of the question or declaration heretofore mentioned, but couldn't say that he didn't do so. The witness then identified each of the questions complained of as ones that had been asked.

One of the objectionable features identified by the witness were the following two questions propounded at the very beginning of Monday's confession:

"You understand that if you have to stand this thing alone it will likely go hard with you?" "Well, it will lessen the severity of the consequences."

About fifteen minutes later still one of those present said:

"Every word you have said leads us to that conclusion, so you might as well make a clean breast of it. If you consider your own interests you must tell us what is reasonable. There is nothing that will save you except telling the truth. That whisky made you feel a little full, didn't it? Made you feel kind of good, didn't it?

Immediately following the above was another statement to which the defense points as a threat or an offer of immunity as follows:

"Just be fair and square with us; that is what we want. There is no danger to you, not one bit more. The greater guilt in a case of this kind attaches to the party who is the first cause of it, the one who impels the party to do it who is the most guilty in the eyes of the law. If you want to stand the whole brunt of this thing yourself, just stop where you are. Didn't you just go down and do that? You got that whisky and felt pretty good and came down and smashed Sheeny and run. There is no more harm in telling us than what you have already told. You have told us practically. Now we want you to make a clean breast of it."

W. W. Carder testified that at the time the confession was made he was night captain of the police force. He heard Malone