155

District Court Doings.

Judge Field heard arguments this morning on the motion to quash the first and second counts of the indictment against Monday McFarland and Mrs. Sheedy on the ground that they charged crimes on which defendants had no preliminary examination. The motion was overruled.

In the case of the state of Nebraska against Monday McFarland and Mary Sheedy, the defendants this morning fled a plea in abatement to the first and second counts of the information, and bases the same upon the fact that the first count charges that Monday McFarland and Mary Sheedy, purposely, wickedly and maliciously conspired, combined and confederated together, for the purpose of killing and murdering of John Sheedy, when the original complaint under which the defendants had their preliminary examination, only charged that they killed and murdered John Sheedy and did not charge criminal conspiracy, and because the exmaining magistrate did not conduct any preliminary examination on the charge of criminal conspiracy, and that the defendant has not waived such examination. The defense immediately fled a demurrer to the plea, alleging that it did not constitute a defense. The demurrer was sustained, and the plea knocked out. McFarland's attorney filed a demurrer to the first and second county, practically the sam as above. In the case of John Wihe against the Vitrifled Paving and Pressed Brick company, the defendant filed an answer, admitting that on October 14, 1889, plaintiff was scalded on the left leg and right hand while at work for them, but alleges that on December 19, 1889, Weihe entered into an agreement with them whereby he as to receive full compensation for all injuries sustained by him by the payment by the defendant of certain sums of money and the guaranty of employment all the year 1890. The defendant also claims the while he was disabled he received his wages regularly, the same as though he had been at work, and that full settlement has been made for all claims he may have had against the defendant.

The jury in the damage case of young John L. Melchert vs. Fred Wohlenberg, for damages for injuries caused by defendant kicking plaintiff, gave the young fellow a verdict for $2,000.

In the case of David Butler Lincoln Breed against David Butler and John B. Wright, Butler this morning filed an answer admitting that in a rash moment he had agreed to donate a certain lot to the first male child born in the city of Lincoln, in case said child would take his name and that of the furture great city. He says that the writing was whollp voluntary and without consideration. He denies that plaintiff ever paid the sum of one collar or any other sum for said lot or has he ever entered into its possession or made any improvements thereon. That no benefit of any kind has ever accrued to this defendant and he wants it dismissed against him.

The jury was charged once more this morning. A number were excused, but up until noon the following had been selected; W. A. Cadman, John Stevenson, G. H. Ashman, W. M. Benton, A. T. Cooper, G. N. Freeman, A. M. Freeman, J. R. C. Miller, Wm. Dunlevy, W. B. Ferguson, I. N. Leonard, J. D. Woods, Chas. Goodspeed, Thos. McNeill, John Kucera, J. M. Bartscherer, B. S. Colyer.