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Monday that night; Monday just said one or two words to witness each time; witness did not caution the prisoner that what he said might be used against him. Soon after witness went into the corridor at 1:15 "Monday was restless and walked around the cell. Witness said:

What's the matter, Monday?"

"I'm afraid."

Witness reassured him and at about 6 o'clock that morning Monday asked him to come into the cell, as he wanted to give up the whole thing: witness went out into the office to get the key, but W. W. Carder was there and he didn't suppose it was any use to ask him for the key, and did not go in to see Monday.

"What did you hear Jim Malone say that evening about a mob?" asked Mr. Hall.

"Not a word."

"Had he said anything, were you so situated that you would have heard is?"

"I certainly would."

"When Jim Malone came in there was Officer Carder with him?"

"No, sir."

"Wasn't with him at all."

S.M. Melick was called and examined as to the conversation he had bad with Monday on the Saturday evening of his arrest concerning the cane. Monday had said that a man who got shaved at his shop had asked him to go to Goldwater's shop and buy a cane that was in the window. Monday had done so and wrapped the cane in a piece of paper; be didn't know the man, but he claimed to be from the Black Hills.

Witness then went out of the court room and got the cane with which the blow was struck. He testified that he had showed the cane to Monday and asked him if it was the one he had purchased for the stranger; Monday said it was at first, but afterwards said it was just like it.

[Lamberisen?] Wouldn't Take a Dare.

Officer Kinney was next called and testified that he was on the Burr block corner with Officer Otto, on the evening of the assault upon Sheedy; heard the shots fired; thought there were five of them ran north when the shooting occurred; Otto ran with him; they ran past the alley; they turned around and ran up the alley; the shots had all been fired when they reached the alley; met a man named Krause who said, "I think he ran up the alley," witness ran clear through the alley to Thirteenth street; witness then returned to the house and investigated the premises; went to Skinner's barn and got a lantern; found a cane lying upon the porch on the east side of the house; went in the house; the first man he met in the house was Courtnay; found some shot holes in the lattice work beside the porch; saw Sheedy at the time the doctors were dressing his wounds; Officer Bob Malone was there; Mrs. Sheedy was there; she went into the room where he was. Did not hear her make any outcry at that time, but thought he heard a woman scream when the shooting occurred.

Witness identified the cans, which was then offered in evidence, the defense protesting that it had not been sufficiently identified.

Colonel Philpott cross-examined minutely as the exact position in which the cane was found, whether or not there had been time for some one else than Monday to put it there and how light it was at the time.

He also endervored to ask him questions concerning the confession of Monday McFarland in the cell on Sunday morning.

The state objected, as the witness had not testified in respect to that on his direct examination. The objection was sustained.

"If the defense wishes to make this witness their own and go in to that point we are willing to go with them," said Lamberston.

Colonel Philpott whispered a few moments with Stea[rns?], and then turning toward Lamberston with fire flashing from every lineament of his features, he exclaimed, while pounding the table with his fist:

"I can call this witness as my own at any time I wish to into that branch, but we are ready to go into that point if you are. Examine him on that point if you dare." and he fairly glared at Lamberston as he concluded his emphatic defy.

There was a gleam of humor in the eyes of Mr. Lamberston as, with compressed lips, he seemed to be mastering a conclusion. He interrupted the witness as he was about to leave the stand, and the most impressive silence reigned as the state's counsel addressed the officer.

"Mr. Kinney, just go ahead and tell us all about what occurred between you and Monday that morning."

"We object," chimed in Colonel Philpott. "Ask him your questions."

The witness went on to tell that soon after he had gone on duty that morning in the corridor Monday told him he had something to tell him in the cell. Witness went into the officer where Carder and Malone were and told them what he had said, suggesting that it would be well to ascertain what he had to say. Carder declined to give up the key, saying that the mayor had left positive orders that no man should be permitted to go into Monday's cell. Witness replied that he favored obeying the mayor, and returned to the corridor. Soon afterwards Malone secured the key and came in, saying that he had charge of that prisoner, and the latter then made a confession.

"Go on and state what he said," said Mr. Lamberston.

"Well, he told a story substantially as It is given in that written confession."

"Well, tell us what he said."

It was evident that the defiance of the defense had been too much for the state to brook, and was certainly resulting in a recital of another confession by the funky prisoner.

The witness rep[?]sted Monday's story, as told to him and Malone that Sunday morning, prior to the confession to Mayor Graham and others, substantially as follows:

He said he had offered some money by Mrs. Sheedy; that the end was near with him either way and he was going to tell it; he had been doing some work for Mrs. Sheedy; that she had asked what he would do for $5,000, which he said was a large amount for a poor man; she wanted him to be a friend of hers and help her get her freedom; she also spoke of Walstrom; he said he would think the matter over; she made a proposal to him and he accepted it; she wanted it done about Christmas, but his courage failed him: she said she would get somebody else; just before this assault he went to her and told her he couldn't do it; that he got down on his knees and implored her mercy; she got a gun and said she would shoot him; told how he had sustained an intimacy with Mrs. Sheedy and when his word was questioned directed witness to go to his shop and he would find the hair in a match box. Witness and Marshal Melick went together and got the har, and got a ring he said she had given him at a pawnshop on P street next to the Hurlbut block. He told of Mrs. Shandy's meeting with Walstrom [?] P street and said that Mrs. Sheedy told him that Walstrom wanted to do it if McFarland didn't. Subsequently, he told witness that he struck John Sheedy with a cane, and that Mrs. Sheedy had said that if Monday would get Sheedy on the bed what would do.

Witness said that they were interrupted by Carder during Monday's confession

NOT FINISHED 4/22.