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10 WEEKLY NEBRASKA STATE JOURNAL FRIDAY. MAY 22 1891

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, about the time he was telling that he was to get the $5,000; Carder pointed his finger through the bars at Monday sad said: "You had better keep your mouth shut: you have told enough now to hang you; you are a fool."

Witness said that he put most of the questions to Monday; that Malone did not talk very much and was not there all the time.

When examined by Colonel Philpott as to the inducements used to bring out Monday's story, the witness admitted that he had said that it would be easier for him if he told all of it, so that he would not bear it alone, but that nothing further had been said. He believed this had been said after Monday had told the most of the story. The prisoner was very nervous and asked witness if there was any danger of a mob and the latter replied that no mob would get at him unless it passed over the dead body of the witness. After the confession above narrated Monday had asked witness to get him his banjo.

"Are you sure it was a banjo?" asked Colonel Philpott.

"I think he said his banjo."

"Might it not have been some other instrument?"

"I'm pretty certain it was a banjo."

"Suppose we show that he never had a banjo and couldn't play one?"

"Well, put him on the stand and show it," chimed in Mr. Lamberston in a tone of bantering humor.

It is suspected from the remark that Mr. Lamberston would very much enjoy having Monday on the stand for awhile.

Hyman Goldwater, pawnbroker, of 211 North Ninth street, was the first witness called. He identified the cane offered in evidence as one purchased by Monday McFarland; knew Monday since last January; had got the cane in 18[?]8; his boy bought it from a man who brought it from the penitentiary and who said he made it himself; sold the cane once to C.B. Taylor, but got it back and carried it while he was having some trouble with a man named Angel. The head had come off and his boy mended it with some nails, by which he could identify it. Monday came after the cane once in December but witness could not find it; came again in January between the 1st and the 10th and got it, paying 90 cents for it, leaving a balance of 10 cents due. That was only a few days before Sheedy's murder. Saw it again and identified it about three days after the murder. Carder once claimed the cane as one he had lost, but it was a mistake.

Caroline Coil, colored, wife of Charles Coil, the barber, was acquainted with Monday McFarland; lived at Twenty-third and P Streets in January; Monday lived near; witness passed Sheedy's residence every week, always from 7 to 7:30 p.m., delivering clothing; remembered that John Sheedy was struck on Sunday; didn't see Monday that day; didn't know whether she had on the day before; had met Monday several times in the evening about Thirteenth and P; met him once west of the Sheedy home; met him nearly every time she went along there. Once he walked across the street to the other side and stood behind two posts; generally had his coat collar turned up; sometimes he had on a hat and sometimes a light cap; saw him Saturday morning before the murder and had kind-a laughed at his walking with a cane when he had on pants that were too short; saw Monday on Monday after the Sheedy assault, he was drunk; next time she saw him he came to her house after his wife.

Mendel Goldwater was called and sworn. He is a son of the pawnbroker. He said that at about 2 o'clock on the afternoon of January 6, Monday McFarland came into his father's shop and wanted to buy a cane; witness identified the cane [entire line?] sold to Monday; his father had asked Monday $1 for it; Monday handed him 90 cents and said, "I'll always owe you the 10 cents." Next saw the cane four or five days after the Sheedy murder. He identified it by the peculiar nails and tacks driven in it by himself to fasten on the knob and by other peculiarities.

Witness also related that on the day after the murder he had read that it was done with a heavy leather cane; thought that it might be the same he had sold and wanted to go and see; his father opposed it; he waited several days and went of his own accord to the police station and asked to see the cane. Carder declined to let him see it. Malone cam in and showed it to him. He identified it and Malone told him he would give him half of the $400 reward offered if he would show him the man who bought. Witness showed him the man; didn't know his name until he read it in THE JOURNAL the next morning. Had asked Malone for the money, but didn't get it; could have used it if he had got it.

The witness was but fourteen years of age but was a remarkably bright witness and told his story intelligently.

Henry G[?]rner was called, and the defense objected to his testimony because his name did not appear upon the back of the information.

"You had better urge a fact for your objection," said Mr. Hall.

"I know that if it is on there is was put on surreptitiously."

"What do you mean by surreptitiously?" queried Mr. Hall.

Mr. Strode explained that he meant when the defense were unaware of it.

The court found that the name was upon the information and was examined. Witness lived across P street from the Sheedy residence, and on the night of the assault had heard the first shot;had looked out his home and saw Sheedy standing midway on the porch on the east side of the house, near the east door, facing south; then witness saw him fire two more shots; then he went a short distance to the south and stepped back into the east door, which was then open, and fired two more shots; could see the light coming out of the door and falling upon Sheedy's back; so no one came out of the house and Sheedy stepped back in; had lived
opposite for for six years; never knew Mrs. Sheedy: didn't know whether or not his wife ever called there; believed the window curtains were up that night as they usually were. Never saw Monday McFarland about the Sheedy house.

S. M. Melick was recalled and produced and identified an oval band gold ring as one he had gotten at the Waldeman pawnshop at 940 P street which Monday had identified as one Mrs. Sheedy had given him; had obtained this ring prior to Monday's confession in the marshal's office that Sunday. Witness had no marks on the ring, but identified it by having had it in his possession ever since; didn't know how Monday identified it as the one of which she had made him a present.

J. Waldeman, the pawnbroker, knew Monday McFarland, identified the ring as one upon which Monday had obtained a loan of $4 on the 1st of Janaury. Marshal Melick had taken the ring and witness thought he had presented the ticket; knew it was the ring Monday pawned by the number upon it.

Mrs. Sheedy Called Him.

The first witness Friday morning was Fred Krause, doorkeeper of the Eden musee, who lived at 826 M street in January. On the night of the last assault on Sheedy he was east of Sheedy's house about fifty feet on P street; turned around and saw Mr. Sheedy shooting; Mrs. Sheedy cried out for him to come; Sheedy shot toward him and he stopped; she cried out again for him to come and he did so; asked Sheedy who shot and Sheedy said "He ran through the alley." Witness ran around on the west side of the house and out toward the alley; couldn't get into the alley and saw no one; met Officers Kinney and Otto out on Twelfth street. Sheedy said he was shot; there was no on there but Mr. and Mrs. Sheedy as far as he saw: next day saw a bullet mark on a post in an opposite direction from where he had stood: looked as if Sheedy was right in the door and Mrs. Sheedy was right behind him; there was a light in the parlor; after the last shot. which witness thought was fired toward him, Mrs. Sheedy called him to come in and he wouldn't get hurt; she told him to go for the priest, but witness didn't do it: he ran around toward the alley; went to jump over the fence on Twelfth street to go into the alley, but before he got to the dense saw Kinney and Otto, and told them what had happened; at least one of the north window curtains were up about two feet; witness looked into it: didn't know whether or not both north curtains were up: the first man witness saw in the yard was Officer Botts. Witness thought Sheedy was standing in the door all the time during the shooting.

Mrs. James D. Hood was called and sworn. She lived on Tenth and J streets; had known Mrs. Sheedy for six years; formerly lived on P street between Fourteenth and Fifteenth up to the 23d of February, about two blocks from the Sheedy residence: was in the habit of visiting there quite often; was there after Sheedy was assaulted from 10 o'clock on the morning after the assault most of the time until his death; knew Walstrom.

Witness said that Mrs. Sheedy

NOT FINISHED 4/23.

10

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.