238

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 always spoke of him as a nice, intelligent young man. Had heard her refer to him as "Sweetheart," but thought nothing of it. Mrs. Sheedy told her that when Walstrom first came Mr. Sheedy was mad, but that when Sheedy met him he changed his mind and thought he was nice young man. Mrs. Sheedy once came to her house, said Sheedy had abused her and she had left him; she asked to be permitted to remain a few days. Witness said she feared it might make trouble between her husband and Sheedy and Mrs. Sheedy went away. The latter had told her that she had her trunks packed and a boy ready to move them whenever she was ready to go away; didn't know if the young man's was Klausner.

Witness was with Sheedy and Mrs. Sheedy when the first assault was made; was returning from the musee; she stood on the outside of the gate; Mr. and Mrs. Sheedy were just inside the gate; saw the man who did the shooting, but couldn't tell whether he was white or black. On going home from the Eden musee on the evening of the assault Mrs. Sheedy had expressed a presentment that something awful was going to happen, as she had felt like that before Mr. Sheedy was stabbed on a previous occasion.

Mrs. Sheedy had complained to her that Mr. Sheedy had not met her at the train on her return from Buffalo, although she had telegraphed him from Chicago, and didn't act as though he was glad to see her.

Mrs. Sheedy had once told witness that Walstrom was going to travel for his father and would probably make Lincoln his headquarters; she wanted to bring him to witness' home so that he might get acquainted with her daughter; witness said it was all right if he was a nice young man, and Mrs. Sheedy said he was as nice a young man as she had ever met.

Mrs. Sheedy, when she returned from Buffalo, had showed witness Walstrom's picture and told her about him, just as she did about others whom she had met.

Witness thought Mrs. Sheedy felt very bad after the assault on the fatal night; she acted as if she was nearly heart broken and witness felt very sorry for her. She didn't weep any until after Sheedy's death.

Cross-examined, Mrs. Hood said that she was present the morning after the assault when Mrs. Sheedy said that she believed the doctors were giving him the wrong medicine. Mr. Courtnay asked her what they were giving him and she had the box brought out and showed to those present. Witness saw nothing in the department of Mrs. Sheedy to lead witness to suspect anything.

On the night of Sheedy's death Mrs. Sheedy said that if John couldn't live she did'n want to live; some time after Mrs. Sheedy had left home, as hitherto narrated, and come over to witness' house, she had told witness that everything was all right and that Mr. Sheedy had apologized; she said that Mr. Sheedy had [word?] her of things of which she was not guilty; didn't say what they were.

Dr. Ruth M. Wood, of 1226 P. street, was sworn. Witness lived just across the street from the Sheedy residence; heard the report of a pistol on the Sunday evening of the assault; a short time before the shooting she had been sitting in her window and those present with her had some discussion as to how cheerful the Sheedy residence always looked; the curtains were always up. Twenty minutes later the curtains were down; this was a short time after the shooting. Witness was at Sheedy's bedside on Monday evening and had said to Mrs. Carpenter that the symptoms indicated to her that the patient was under the influences of morphine; would not venture an opinion on what she knew of the case as to that now; the name symptoms might be noticed in compression of the brain.

Miss Anna Bodenstein, a young woman who worked at the Sheedy residence, was next called. Witness went there in April and stayed until Sheedy died; Monday McFarland came there six or eight times in that time to dress Mrs. Sheedy's hair; it would take him a little over half an hour. Witness was at her own home on the Sunday of the assault. On Saturday, the previous day, witness was away from 1:30 to 4 p. m.; saw McFarland go by the house that day; saw a man on the porch one night; it was very dark; couldn't tell how long it was before the assault; saw Johnnie Klausner at the house often; he took baskets away with him; Mrs. Sheedy fixed them; they contained things to eat; Klausner took them away and brought back the empty baskets. It was after Sheedy had been shot at that witness saw the man in the yard; it was about 10 o'clock; Mr. Sheedy was not at home; told Mrs. Sheedy; she didn't say anything; didn't know whether Mrs. Sheedy spoke to the man; witness was within five or six feet of him, but didn't speak to him; the man didn't run or move. Witness didn't know who it was, it looked so dark to her; witness was in the kitchen when McFarland was there dressing Mrs. Sheedy's hair; they were in the dining room. The next day after Mr. Sheedy was struck Monday came to the house and asked to see Mrs. Sheedy. He came first to the dining room door and then to the kitchen door, but they didn't let him in. He was alone. It was a little man who didn't let him in; didn't know if it was Courtnay or if he was red-headed. He said he wanted to see Mrs. Sheedy. Didn't know that he came there with his wife.

Witness didn't remember when Mrs. Sheedy went away to Buffalo; came home the day before the fair. First saw Walstrom when he was there to supper; the next time was in the afternoon, the time they went out riding; Mr. Sheedy was there. Later she saw Walstrom one evening; Mrs. Sheedy went to the door and let him in; didn't know whether Mr. Sheedy was there or not; didn't go in the parlor herself; witness went to her own home at 8 o'clock that evening and returned at 10 o'clock; Walstrom was there four or five times.

Mrs. Charles Carpenter had lived for four years four doors east of Sheedy's; had known Mr. and Mrs. Sheedy about six years; visited back and forth and was quite intimate with Mrs. Sheedy; was slightly acquainted with Harry Walstrom; first met him in Sheedy's parlor at 7 o'clock one evening; Sheedy was not there; witness' sister was with her; remained about ten minutes; left Mrs. Sheedy and Walstrom together. Next met Walstrom about three weeks afterwards; was with her sister when they met Walstrom on Twelfth street and he walked home with them; witness' sister stopped at Sheedy's as they passed and asked Mrs. Sheedy to come over; Walstrom and Mrs. Sheedy went away together in about half an hour. The next time she met him Mrs. Sheedy came over about 10 o'clock a. m. and said Walstrom was coming: he came in a little while, they were in the front room together for about half an hour; witness and her sister were in the room about half the time; they did not go away together.

Jacob Oppenheimer, a law student in D. G. Courtnay's office, knew John Sheedy; was at the residence the first or second day after the funeral; Dancis Sheedy opened the door: went there to have Dennis Sheedy and sisters to sign a power of attorney; Young Dennis Sheedy, Walstrom and Mrs. Sheedy were in the parlor; Mrs. Sheedy took the instrument and submitted to it Walstrom, saying "It's all right, Harry" didn't notice that she looked any more mournful or excited than before Sheedy's death. Mr. Sheedy's two brothers and some ladies were there,in another room, but no one but Mrs. Sheedy and Walstrom were in the room when the former passed upon the paper, Young Dennis having gone out after Dennis, senior.

C. C. Carpenter was at the house as soon as he could get there after the shooting. No one was there but Dr. Everett and Mrs. Sheedy; the first thing he noticed was Mr. Sheedy standing on the porch in front of the open door, firing a gun; thought he saw two shots; had got nearly to the Sheedy gate [?] Sheedy stepped into the door. The two houses are probably 125 feet apart: jumped right up from the supper table at the first shot; didn't see Dr. Everett co[?]ting across the street; Dr. Everett got into the house first; Sheedy was standing up near the door bleeding pretty badly; next person he saw was Mrs. Sheedy; she was standing up near Mr. Sheedy; was in and out there until 11 o'clock; Dr. Hart came in about five minutes; witness went out before Everett had bandaged the wound; went after Dr. Hart; nobody told him to go after Dr. Hart; Mrs. Sheedy asked him to go and get a physician; Dr. Everett was there at the time; went over to Steiner and Scheuts' drug store and had a clerk telephone for Hart; as he returned Dr. Hart drove up.

Mrs. Sheedy asked witness to go over to the Heater block and tell Walstrom that Sheedy was badly hurt; she gave him the number of the room; witness went to the Heater block, called Walstrom out of his room and told him; had met Walstrom and Mrs. Sheedy at his own home.

Had once carried a message to Johnnie Klausner at the business college that Mrs. Sheedy wanted to see him; didn't know whether or not that was before or after the first assault on Sheedy; never saw Walstrom at any other than the two occasions mentioned and never carried any other messages for Mrs. Sheedy to anybody, Johnnie Klausner was present when witness delivered the message; Walstrom did not express any surprise; Mrs. Sheedy didn't tell witness what doctor to call; witness did not know that Mrs. Sheedy was acquainted with Dr. Hart. When Mrs. Sheedy sent him to Walstrom she had too him in the presence of others; couldn't tell who heard it; there was no secrecy about it. Sheedy had said to witness; "I wish you would go out in the alley and catch that d---d ------ ------ ------." Subsequently, after Sheedy had gone to bed, he called for witness to be sent to him from the next room, and after some conversation as to the assault, had said that he couldn't describe his assailant, as it was too dark to see him.

Gus Sanders knew John Sheedy since 1879; knew Mrs. Sheedy about 1881; didn't know when Sheedy first met her and did not know her name when witness first saw her; didn't know at that time that she had been married before, but heard so since; did not know when she was married to John Sheedy; they lived together as man and wife in either 1881 or 1882 in a room in the Quick block;was around there eery day.

This branch of the testimony was most vigorously opposed by the combined defense, but the court thought it proper to show the history of their married life. The defense contended that they had no right to attack her character, especially at so remote a period, to even find a motive for the commission of such a crime.

Peter Crampton, a young colored barber at 930 P street, testified that Monday had worked for witness' father.

Mr. Sheedy used to come after Monday to go and dress his wife's hair; came on the Saturday before the assault and told Monday to go down and dress Mrs. Sheedy's hair; Monday went and was gone two or two and a half hours. Monday had shaved Sheedy for four or five years; Sheedy was always pretty liberal and always gave him something extra; Sheedy shaved twice a week. Witness had heard Monday say that Sheedy was going to set him up in business; after Sheedy was dead had heard Monday say that he had lost a good friend, as Sheedy intended to set him up in a fine shop.

Johnny Klausner had lived in the Sheedy family about two years up to four years ago; was going to school and did chores for board and clothes; thought he left there in 1887 or 1888; had knows Mr. and Mrs. Sheedy about eight years; had been around there a great deal and ran errands since he quit living there; did so down to Sheedy's death; Mrs. Sheedy had told him that she expected a friend from Buffalo; that was two weeks before witness met Walstrom; she said the name was Walstroml about a week later she told witness that she wanted him to room with Walstrom when he came; about two days later Walstrom came to the Windsor, where witness worked, and asked for witness; identified himself as the young man Mrs. Sheedy had spoken to witness about.

Witness and Walstrom went to the Heater block; witness picked out a room; it didn't suit Walstrom and he picked out a larger and lighter room; they were to pay $12 a month, Walstrom $8 and witness $4.

Witness told about carrying notes between Mrs. Sheedy and Walstrom during the two or three months he worked at the B. & M. shops; sometimes they would be two days apart and sometimes a week; the notes were always sealed, but never addressed; Mrs. Sheedy told him to come after notes after school; also carried Walstrom's lunches from Mrs. Sheedy to Walstrom, sandwiches, cold chicken, etc,' sometimes a bottle of porter; these lunches would last a week or two; she told them it was for them to eat in their room; had never sent any lunches to witness' room are Walstrom came to room with him. Also carried a long package from Walstrom to Mrs. Sheedy the Friday after the funeral; didn't know what was in it; gave it to Mrs. Sheedy; sometimes went in by the back gate and sometimes by the front gate.

Away long last summer some time witness had found Mrs. Sheedy crying and she had told him that she couldn't get along with Sheedy and wanted to get a divorce. Mrs. Sheedy had told witness that she "thought a good deal" of Walstrom and wanted Klausner to room with him.

When Charley Carpenter came to the room he called Walstrom out; in about five minutes they told witness of the assault and Carpenter said he didn't think Sheedy was badly hurt.

Witness said that Mrs. Sheedy would talk to him about Walstrom. would ask how he was getting along and told him that if Walstrom ever got sick or anything not to wait but come right to her and tell her.

Carried a ring case once from Mrs. Sheedy to Walstrom. None of the attorneys for the state had ever asked him to tell an untruth. but detectives had asked him questions and tried to get him to say yes, when it would have been untrue.

Close of the Second Week.

The Sheedy trial - reopened Saturday morning with the usual large crowd in attendance. The testimony adduced yesterday was not lacking in interest, especially that of Dr. Beachley, whose opinion as to the direct cause of Sheedy's death is in direct conflict with that of Dr. Hart, who testified on Monday. It will be remembered that Dr. Hart gave it as his professional opinion that Sheedy's death was caused by compression at the base of the brain, due to the shock from the blow of the cane. This theory would throw the direct responsibility for the murder upon Monday McFarland, making it necessary for the state to prove Mrs. Sheedy's connivance with the darkey in order to hold her in any way responsible. The testimony of Dr. Beachley is directly in opposition to this theory, and while it does not fix the crime upon Mrs. Sheedy, shows that he found the conditions and symptoms such as to indicate morphine poisoning. The witness went into details to explain the difference in the symptoms accompanying compression and those of morphine poisoning.

The testimony further related to Mrs. Sheedy's tender solicitude for her new found chance acquaintance and "sweetheart," Harry Walstrom, who, it is claimed, has found it convenient to be in Europe during this trying scenes through which his late patron is now passing. It shows how she purchased a number of articles of wearing apparel, among the rest some pink-embroidered night robes, neckties, socks, etc., which were subsequently found in Walstrom's trunk.

Mrs. Sheedy evinced the utmost serenity during the examination, and, while apparently listening intently to the evidence, took no part in the examination, as she had on the previous day by whispering pointers to her counsel.

Albert Katzzenstein was the first witness sworn in the morning. He was examined by Mr. Hall. Lived at 1801 E street and had charge of the gents' furnishing goods department at Herpoishermer's; on or about Christmas sold Mrs. Sheedy two gentleman's handkerchiefs, couldn't describe the handkerchiefs minutely; couldn't tell the nine of them. Witness' attention had been called just after the murder to some muslin night shirts with embroidered fronts, just like some he had sold to Mrs. Sheedy on or about Christmas; they were unlaundried when he sold them and didn't think they had ever been worn or laundried when afterwards shown witness by Malone, although they were wrinkled badly; couldn't remember whether or not Mrs. Sheedy said for whom she was buying the night shirts; knew John sheedy was quite a large man but couldn't swear positively whether or not the shirts would be suitable for him. The shirts had white insertion on the front and pink embroidered edges in front and on the collars and cuffs, and were made by the Queen City company. The witness had evidently lost some of the confidence with which he had formerly identified the handkerchief and shirts found in Walstrom's 5 room as the one's he had sold Mrs. Sheedy about Christmas. He knew they were just like them, but couldn't begin to swear they were the same.

"Don't you remember." asked Mr. Stearns, "that when Mrs. Sheedy bought these night shirts she said that "if these shirts don't fit John I will return them?"

"I think there was something said about fit and return, but don't remember."

"Didn't she say that if they didn't fit her husband she would return them."

"I don't remember that any name was mentioned."

"Didn't you understand from her conversation that she was buying those things for her husband?"

"One would naturally suppose that she was buying them for him."

"Did she buy any other articles in the store that day?"

"I transferred her to the hosiery counter."

"Do you know whether or not she purchased a ring pouch there?"

"No, sir."

The witness was evidently very glad to get out of the chair. He said that Captain Billingsley had talked to him about the cane and had merely remarked that his testimony didn't amount to anything.

James Gatchell, a clerk in charge of the hosiery department at Herpoisheimer's, sold Mrs. Sheedy three pairs of men's black cotton hose, No. 9 1/2; that was within three weeks prior to Christmas; the same hose were shown to witness about the time of the coroner's inquest; identified them--by the dye--the Gloria dye; didn't know that any other store in town handled the same goods; sold two pairs afterwards; couldn't remember to whom. Witness would not swear positively that they were the same socks, but believed they were. Identified them by the dye mark; didn't notice whether the mark placed on them in the store was there or not when he saw them last; they had not been worn.

Harry M. Shaeffer was acquainted with John Sheedy; lived right around the corner on Thirteenth street; was at the Sheedy house the evening that he was assaulted; talked to Sheedy; the latter said: "I have no idea who it was that wished to [word?] up in this manner;" went in on Monday afternoon; was standing at the foot of the bed; Mrs. Sheedy stepped up and took John's hand and said, "If John dies it will kill me; I don't believe the blow would have killed him but I think they are giving him something to put him out of the way;" Dr. Hart was in another room, but couldn't say whether or not he heard the expression; saw no emotions of sorrow or grief; thought her manner and the tones of her voice were very quiet when she said it.

Cross-examined. the witness said that he was in the house three times on the Monday after the assault; witness was present the evening before when Mr. Sheedy was put to bed by Dr. Hart and Dr. Everett; didn't see who put his night robe on, as was out in the next room washing his hands.

The attorneys for the defense, with the type-written testimony of this witness at the inquest before them, pressed the witness hard upon his former utterances, and it appeared that much of his testimody before the coroner had slipped his memory, and he didn't know whether or not he had testified to a great deal of it.

It appeared that in his former testimony witness had testified that Mrs. Sheedy had told him on Monday that John had shown at 12 [?/?] o'clock Sunday evening peculiar symptoms that Dr. Hart testifies to having discovered at 4 a. m. Monday, but he didn't remember.

James Smith, in January last, sold clothing and gents' furnishing goods at Schwab's; Mrs. Sheedy was in the store about the 19th or 20th of December with Mrs. James Hood; she bought three neckties of witness; the ladies were admiring some ties and saw one puff tie the pattern of which suited her, but she wanted it in a four-in-hand; witness had one of the latter which he had ordered for himself; sold it to her with two others for $3.25; afterwards saw this tie and identified it at the coroner's inquest; knew it because it was the one he had ordered for himself; never saw the other two ties.

Dr. Beachley had lived in Lincoln eleven years; had practiced medicine since 1854; was a graduate of Cincinati medical college and of the medical department of the state university of Indiana; was present at the post mortem examination; such an instrument as the cane could have made the wound; Dr. Casebeer conducted the autopsy; witness assisted him. There was no contusion shown on the internal surface of the skull, which was apparently in its normal condition; the brain was normal; there was no ruptures of any of the vessels and no coagulation. The heart was enlarged, and showed some fatty degeneration; the liver was enlarged but the kidneys were normal; the bladder was full of water. The upper part of the medulla oblongata was examined, but did not cut into the upper part of the spinal column. The witness explained the construction of the bones of the skull and the lobes of the brain. Then he gave in detail the symptoms of morphine poisoning, and in relation to the contraction of the pupils of the eye said that atrophine had directive the opposite effect from morphine. Sulfonal was a drug that had been in use for about five years as a sleep producer; a does is from 15 to 30 grains.

"Now assuming," said Mr. Lambertson, "that John Sheedy was a man about six feet and over in height, apparently a man of strong physical ability. and apparently living in good health, but in fact being affected somewhat with fatty degeneracy of the heart, and in the condition revealed by the autopsy at which you were present, and the brain being affected as revealed by the autopsy: that he was, on of about the 11th day of the January, struck with a blunt instrument which produced a wound such as you have described; that it was dressed and the patient put to bed; that it was not thought at the time to be a severe wound; that he was given at the first ten grains of sulfonal, which he vomited; at a later period ten grains more which he vomited, and at a still later ten grains more in a cup of coffee, which he retained;that he then sank into some kind of a sleep, which continued until about 3 or 4 o'clock the following morning, about nine hours after he was struck, at which time he was found to be breathing heavily, only five or six times a minute, the breathing being what is characterized in medical parlance as "heavy or stertorous;" that his pulse was up to 140: the pupils of his eyes being normal; that swallowing, or deglutation as it is called, was impossible; that his body was paralyzed: that his kidneys and bowels were torpid, and the urine had to be drawn off with a [word?], that he contributed in this profound state of coms, the pulse alternating or changing from time to time, running down some hours before his death to 95, until at about 10 o'clock on the night following the blow, consciousness not having been resumed during the period between 4 o'clock, at the time he went into this comatose condition and the time of his death, and that at 10 o'clock he died, what in your opinion was the cause of his death?"

To this hypothetical question the defense, and both branches of it, strenuously objected.

Mr. Stearns contended that the question was improper, as it did not accurately state the symptoms.

"If your honor please," rejoined Mr. Lambertson, "there is some difference of testimony as to some of the symptoms I think the question as propounded will square with the evidence the state has advanced, and if it doesn't suit the defense they may formulate a question embodying the symptoms as they find them."

Colonel Philpott vigorously contended that the phrase intimating that the autopsy had shown the brain to have found in no way affected should not be permitted, as he denied that the evidence showed the brain to have been found in no way affected at the autopsy.

The court finally held that the question came within the requirements an the witness replied:

"Well, my opinion is that the man died from morphine poisoning, from the symptoms and from the conditions we found in the post mortem examination."

On cross-examination the witness related in detail the conditions revealed by the autopsy.

The symptoms of compression of the brain are nearly the same as those in the morphine poisoning except in the breathing, it is not so slow; where you find one breathing heavily and only about five or six times a minute, it would indicate morphine poisoning; where the breathing is equally heavy but at the rate of fifteen or twenty times a minute, it would indicate compression, where the rate fluctuated it would indicate morphine. Compression would be apt to dilate the pupils; would not expect dilation from sulfonal. Compression of the brain is caused by the rupture of a blood vessel, and the blood pouring out upon the tissue. If death had been due to the affects of the blow on the condition of the heart. it would have been apt to occur immediately upon the receipt of the blow.

"What is esteemed to be a fatal dose of morphine?"

"Morphine caries. In some people half a grain would produce death, while in others a much larger quantity would be required."

"Is it any different where it is injected under the skin?"

"Yes sir; the morphine is the more easily, surely and quickly absorbed in the circulation than if it is put into the stomach, every particle being readily taken up. In the latter case it is very uncertain."

"Suppose morphine were injected under the skin, would its presence be revealed in the stomach?"

"No sir, it might not."

"Where would it be revealed?"

"It would be likely to be revealed in the urine."

"Would the effect be the same if the morphine were put into the wound?"

"Yes, sir."

Upon cross examination the witness testified that morphine administered upon the stomach might lie for three hours without assimilation, but it usually revealed itself inside of an hour.

The Thirteenth Day in Court

F. C. [Fisk?], a draughtsman who has prepared a plat of the Sheedy house and grounds for use in the case, was the first witness sworn and explained in detail the features of his draught, which comprised every room on the ground floor, every door and window, every walk, fence, tree or other feature of the entire Sheedy property.

S.M. Melick was recalled and testified that he had had in his possession at one time some of the effects of Walstrom, comprising two or three pairs of socks, two night shirts and two neckties. The witness described them in the crude way in which men usually describe such matters; didn't know that they were the same that were shown for identification to the clerks at Herpoishermer's; was present at the coroner's inquest when Smith identified the neckties: delivered them when he was through with them to Mr. Strode.

"Have you those things now?" asked Mr. Lamberston, turning to Strode.

"No" replied Mrs. Sheedy's attorney.

"What did you do with them?"

"I gave them to Walstrom, as he was demanding them."

"Had you a ring belonging to Mr. Walstrom, Mr. Melick?"

"Yes, sir."

"Have you it with you?"

"Yes, sir."

"You may produce it."

Mr. Melick took from his pockets silver match box, which he handed to Mr. Lambertson.

"Where did you get this?"

"In a drawer in Monday McFarland's shop."

"Who told you where to find it?"

"I believe Officer Kinney told me of it first."

"Was he with you when you found it?"

"Yes, sir."

"Your honor, we will now offer this in evidence."

The box was opened and two white paper packages to much larger than a physician's powder were taken out. They each contained a dainty ringlet.

"We object, your honor," said Mr. Strode, "to the introduction of this in evidence, as incompetent, irrelevant and immaterial."

The court overruled the objection and Reporter Mullon put his exhibit marks upon them.

Mrs. Sheedy sat with eyes cast down and lips compressed during this discussion, as pale as death itself. She never raised her eyes from the floor until Mr. Melick was excused. Before leaving the chair he testified to the finding of the socks, neckties and night shirts in Walstrom's trunk.

James Malone was re-called and testified to having taken the night shirts, socks, neckties, handkerchiefs and underwear from Walstrom's trunk. Also got a ring from Walstrom. The goods were the same as were exhibited at one of the prior hearings and then identified. He also testified in detail to the conversation had with McFarland on the night of his arrest in relation to the purchase of the cane by Monday, when the latter claimed to have purchased it for a man from the Black Hills who had come into his shop and asked him to go and buy it.

Sharpenstein, a barber at work there at that time, made the remark to Monday as the officers were taking him away: "Ah, there, I thought they would get you."

They took Monday to the marshal's officer and his identified the cane as the one bought. When asked where he was on the night of Sheedy's murder he said he had left home at eight minutes before 7 and had gone to the home of Officer Botts; he said that he saw Botts and that Botts saw him. Botts was called in and said he had not so seen Monday. After some further conversation witness told Monday that he knew where he was on that night, that he was at John Sheedy's. Monday did not [?]. He was then locked up.

Malone related the details of Monday first confession to himself and Officer Kinney on Sunday morning early about as heretofore related in the confession subsequently made and reduced to writing.

Mr. Strode examined the witness rigidly upon his testimony before the coroner's jury, wherein he appears to have stated that he had had a conversation with John Sheedy on the night after the assault and that the latter had said that he thought his assailant was Frank Williams. A number of questions were asked on this point and ruled out. Maione said he didn't [say?] it.

Both Mr. Strode and Mr. Philpott pressed the witness very hard to get an admission from him that he had told them each individually how badly scared Monday was and how he had been led to confess, but the witness declared that he did not remember having seen them that Sunday night and certainly did not tell them anything, whereat the attorneys both looked very grievously surprised and shocked, as if they were contemplating with horror and commiseration the remote hereafter of Jim Malone.

"Didn't you tell me that Sunday night" said Colonel Philpott, "in the corridor of the city jail as you passed, you going towards Monday's cell, and I going in the opposite direction, that Monday was in a desperate condition and would commit suicide before morning?"

"No, sir."

"Did you see me in the jail that night at all?"

"No, sir."

"Will you swear I was not there?"

"No, sir; you might have been there while I was not."

"Do you mean to say, Mr. Maione." said Mr. Strode. "that you did not tell me that night in the office of the police station, leaning over the railing and talking to me in low tones, that you scared that confession out of Monday McFarland?"

"Yes, sir; I never told you that."

"Do you remember saying anything?"

"I might have said something, but I never said that?"

The defense also subjected him to a rattling fire of questions to show his interest in the case in the matter of a reward. Malone said he did not know of his knowledge that any reward was offered, but Marshal Melick had informed him there was a reward of $1,000. He had been supplied with funds to the amount of $75 to assist in securing the evidence.

"Wasn't Mr. Philpott down to the jail the night Monday was arrested, prowling around trying to get at the prisoner?" asked Mr. Lambertson.

"Couldn't say that he was."

"Wasn't about half the bar of Lincoln down there trying to get at the prisoner?"

"Not that I know of, sir."

"Did you ever see me down at the city jail hunting for clients, Mr. Malone?" asked Mr. Strode.

"Can't say that I have."

The witness related in detail the confession Monday made to him and Officer

Children Cry for Pitcher's Castoria.

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 always spoke of him as a nice, intelligent young man. Had heard her refer to him as "Sweetheart," but thought nothing of it. Mrs. Sheedy told her that when Walstrom first came Mr. Sheedy was mad, but that when Sheedy met him he changed his mind and thought he was nice young man. Mrs. Sheedy once came to her house, said Sheedy had abused her and she had left him; she asked to be permitted to remain a few days. Witness said she feared it might make trouble between her husband and Sheedy and Mrs. Sheedy went away. The latter had told her that she had her trunks packed and a boy ready to move them whenever she was ready to go away; didn't know if the young man's was Klausner.

Witness was with Sheedy and Mrs. Sheedy when the first assault was made; was returning from the musee; she stood on the outside of the gate; Mr. and Mrs. Sheedy were just inside the gate; saw the man who did the shooting, but couldn't tell whether he was white or black. On going home from the Eden musee on the evening of the assault Mrs. Sheedy had expressed a presentment that something awful was going to happen, as she had felt like that before Mr. Sheedy was stabbed on a previous occasion.

Mrs. Sheedy had complained to her that Mr. Sheedy had not met her at the train on her return from Buffalo, although she had telegraphed him from Chicago, and didn't act as though he was glad to see her.

Mrs. Sheedy had once told witness that Walstrom was going to travel for his father and would probably make Lincoln his headquarters; she wanted to bring him to witness' home so that he might get acquainted with her daughter; witness said it was all right if he was a nice young man, and Mrs. Sheedy said he was as nice a young man as she had ever met.

Mrs. Sheedy, when she returned from Buffalo, had showed witness Walstrom's picture and told her about him, just as she did about others whom she had met.

Witness thought Mrs. Sheedy felt very bad after the assault on the fatal night; she acted as if she was nearly heart broken and witness felt very sorry for her. She didn't weep any until after Sheedy's death.

Cross-examined, Mrs. Hood said that she was present the morning after the assault when Mrs. Sheedy said that she believed the doctors were giving him the wrong medicine. Mr. Courtnay asked her what they were giving him and she had the box brought out and showed to those present. Witness saw nothing in the department of Mrs. Sheedy to lead witness to suspect anything.

On the night of Sheedy's death Mrs. Sheedy said that if John couldn't live she did'n want to live; some time after Mrs. Sheedy had left home, as hitherto narrated, and come over to witness' house, she had told witness that everything was all right and that Mr. Sheedy had apologized; she said that Mr. Sheedy had [word?] her of things of which she was not guilty; didn't say what they were.

Dr. Ruth M. Wood, of 1226 P. street, was sworn. Witness lived just across the street from the Sheedy residence; heard the report of a pistol on the Sunday evening of the assault; a short time before the shooting she had been sitting in her window and those present with her had some discussion as to how cheerful the Sheedy residence always looked; the curtains were always up. Twenty minutes later the curtains were down; this was a short time after the shooting. Witness was at Sheedy's bedside on Monday evening and had said to Mrs. Carpenter that the symptoms indicated to her that the patient was under the influences of morphine; would not venture an opinion on what she knew of the case as to that now; the name symptoms might be noticed in compression of the brain.

Miss Anna Bodenstein, a young woman who worked at the Sheedy residence, was next called. Witness went there in April and stayed until Sheedy died; Monday McFarland came there six or eight times in that time to dress Mrs. Sheedy's hair; it would take him a little over half an hour. Witness was at her own home on the Sunday of the assault. On Saturday, the previous day, witness was away from 1:30 to 4 p. m.; saw McFarland go by the house that day; saw a man on the porch one night; it was very dark; couldn't tell how long it was before the assault; saw Johnnie Klausner at the house often; he took baskets away with him; Mrs. Sheedy fixed them; they contained things to eat; Klausner took them away and brought back the empty baskets. It was after Sheedy had been shot at that witness saw the man in the yard; it was about 10 o'clock; Mr. Sheedy was not at home; told Mrs. Sheedy; she didn't say anything; didn't know whether Mrs. Sheedy spoke to the man; witness was within five or six feet of him, but didn't speak to him; the man didn't run or move. Witness didn't know who it was, it looked so dark to her; witness was in the kitchen when McFarland was there dressing Mrs. Sheedy's hair; they were in the dining room. The next day after Mr. Sheedy was struck Monday came to the house and asked to see Mrs. Sheedy. He came first to the dining room door and then to the kitchen door, but they didn't let him in. He was alone. It was a little man who didn't let him in; didn't know if it was Courtnay or if he was red-headed. He said he wanted to see Mrs. Sheedy. Didn't know that he came there with his wife.

Witness didn't remember when Mrs. Sheedy went away to Buffalo; came home the day before the fair. First saw Walstrom when he was there to supper; the next time was in the afternoon, the time they went out riding; Mr. Sheedy was there. Later she saw Walstrom one evening; Mrs. Sheedy went to the door and let him in; didn't know whether Mr. Sheedy was there or not; didn't go in the parlor herself; witness went to her own home at 8 o'clock that evening and returned at 10 o'clock; Walstrom was there four or five times.

Mrs. Charles Carpenter had lived for four years four doors east of Sheedy's; had known Mr. and Mrs. Sheedy about six years; visited back and forth and was quite intimate with Mrs. Sheedy; was slightly acquainted with Harry Walstrom; first met him in Sheedy's parlor at 7 o'clock one evening; Sheedy was not there; witness' sister was with her; remained about ten minutes; left Mrs. Sheedy and Walstrom together. Next met Walstrom about three weeks afterwards; was with her sister when they met Walstrom on Twelfth street and he walked home with them; witness' sister stopped at Sheedy's as they passed and asked Mrs. Sheedy to come over; Walstrom and Mrs. Sheedy went away together in about half an hour. The next time she met him Mrs. Sheedy came over about 10 o'clock a. m. and said Walstrom was coming: he came in a little while, they were in the front room together for about half an hour; witness and her sister were in the room about half the time; they did not go away together.

Jacob Oppenheimer, a law student in D. G. Courtnay's office, knew John Sheedy; was at the residence the first or second day after the funeral; Dancis Sheedy opened the door: went there to have Dennis Sheedy and sisters to sign a power of attorney; Young Dennis Sheedy, Walstrom and Mrs. Sheedy were in the parlor; Mrs. Sheedy took the instrument and submitted to it Walstrom, saying "It's all right, Harry" didn't notice that she looked any more mournful or excited than before Sheedy's death. Mr. Sheedy's two brothers and some ladies were there,in another room, but no one but Mrs. Sheedy and Walstrom were in the room when the former passed upon the paper, Young Dennis having gone out after Dennis, senior.

C. C. Carpenter was at the house as soon as he could get there after the shooting. No one was there but Dr. Everett and Mrs. Sheedy; the first thing he noticed was Mr. Sheedy standing on the porch in front of the open door, firing a gun; thought he saw two shots; had got nearly to the Sheedy gate [?] Sheedy stepped into the door. The two houses are probably 125 feet apart: jumped right up from the supper table at the first shot; didn't see Dr. Everett co[?]ting across the street; Dr. Everett got into the house first; Sheedy was standing up near the door bleeding pretty badly; next person he saw was Mrs. Sheedy; she was standing up near Mr. Sheedy; was in and out there until 11 o'clock; Dr. Hart came in about five minutes; witness went out before Everett had bandaged the wound; went after Dr. Hart; nobody told him to go after Dr. Hart; Mrs. Sheedy asked him to go and get a physician; Dr. Everett was there at the time; went over to Steiner and Scheuts' drug store and had a clerk telephone for Hart; as he returned Dr. Hart drove up.

Mrs. Sheedy asked witness to go over to the Heater block and tell Walstrom that Sheedy was badly hurt; she gave him the number of the room; witness went to the Heater block, called Walstrom out of his room and told him; had met Walstrom and Mrs. Sheedy at his own home.

Had once carried a message to Johnnie Klausner at the business college that Mrs. Sheedy wanted to see him; didn't know whether or not that was before or after the first assault on Sheedy; never saw Walstrom at any other than the two occasions mentioned and never carried any other messages for Mrs. Sheedy to anybody, Johnnie Klausner was present when witness delivered the message; Walstrom did not express any surprise; Mrs. Sheedy didn't tell witness what doctor to call; witness did not know that Mrs. Sheedy was acquainted with Dr. Hart. When Mrs. Sheedy sent him to Walstrom she had too him in the presence of others; couldn't tell who heard it; there was no secrecy about it. Sheedy had said to witness; "I wish you would go out in the alley and catch that d---d ------ ------ ------." Subsequently, after Sheedy had gone to bed, he called for witness to be sent to him from the next room, and after some conversation as to the assault, had said that he couldn't describe his assailant, as it was too dark to see him.

Gus Sanders knew John Sheedy since 1879; knew Mrs. Sheedy about 1881; didn't know when Sheedy first met her and did not know her name when witness first saw her; didn't know at that time that she had been married before, but heard so since; did not know when she was married to John Sheedy; they lived together as man and wife in either 1881 or 1882 in a room in the Quick block;was around there eery day.

This branch of the testimony was most vigorously opposed by the combined defense, but the court thought it proper to show the history of their married life. The defense contended that they had no right to attack her character, especially at so remote a period, to even find a motive for the commission of such a crime.

Peter Crampton, a young colored barber at 930 P street, testified that Monday had worked for witness' father.

Mr. Sheedy used to come after Monday to go and dress his wife's hair; came on the Saturday before the assault and told Monday to go down and dress Mrs. Sheedy's hair; Monday went and was gone two or two and a half hours. Monday had shaved Sheedy for four or five years; Sheedy was always pretty liberal and always gave him something extra; Sheedy shaved twice a week. Witness had heard Monday say that Sheedy was going to set him up in business; after Sheedy was dead had heard Monday say that he had lost a good friend, as Sheedy intended to set him up in a fine shop.

Johnny Klausner had lived in the Sheedy family about two years up to four years ago; was going to school and did chores for board and clothes; thought he left there in 1887 or 1888; had knows Mr. and Mrs. Sheedy about eight years; had been around there a great deal and ran errands since he quit living there; did so down to Sheedy's death; Mrs. Sheedy had told him that she expected a friend from Buffalo; that was two weeks before witness met Walstrom; she said the name was Walstroml about a week later she told witness that she wanted him to room with Walstrom when he came; about two days later Walstrom came to the Windsor, where witness worked, and asked for witness; identified himself as the young man Mrs. Sheedy had spoken to witness about.

Witness and Walstrom went to the Heater block; witness picked out a room; it didn't suit Walstrom and he picked out a larger and lighter room; they were to pay $12 a month, Walstrom $8 and witness $4.

Witness told about carrying notes between Mrs. Sheedy and Walstrom during the two or three months he worked at the B. & M. shops; sometimes they would be two days apart and sometimes a week; the notes were always sealed, but never addressed; Mrs. Sheedy told him to come after notes after school; also carried Walstrom's lunches from Mrs. Sheedy to Walstrom, sandwiches, cold chicken, etc,' sometimes a bottle of porter; these lunches would last a week or two; she told them it was for them to eat in their room; had never sent any lunches to witness' room are Walstrom came to room with him. Also carried a long package from Walstrom to Mrs. Sheedy the Friday after the funeral; didn't know what was in it; gave it to Mrs. Sheedy; sometimes went in by the back gate and sometimes by the front gate.

Away long last summer some time witness had found Mrs. Sheedy crying and she had told him that she couldn't get along with Sheedy and wanted to get a divorce. Mrs. Sheedy had told witness that she "thought a good deal" of Walstrom and wanted Klausner to room with him.

When Charley Carpenter came to the room he called Walstrom out; in about five minutes they told witness of the assault and Carpenter said he didn't think Sheedy was badly hurt.

Witness said that Mrs. Sheedy would talk to him about Walstrom. would ask how he was getting along and told him that if Walstrom ever got sick or anything not to wait but come right to her and tell her.

Carried a ring case once from Mrs. Sheedy to Walstrom. None of the attorneys for the state had ever asked him to tell an untruth. but detectives had asked him questions and tried to get him to say yes, when it would have been untrue.

Close of the Second Week.

The Sheedy trial - reopened Saturday morning with the usual large crowd in attendance. The testimony adduced yesterday was not lacking in interest, especially that of Dr. Beachley, whose opinion as to the direct cause of Sheedy's death is in direct conflict with that of Dr. Hart, who testified on Monday. It will be remembered that Dr. Hart gave it as his professional opinion that Sheedy's death was caused by compression at the base of the brain, due to the shock from the blow of the cane. This theory would throw the direct responsibility for the murder upon Monday McFarland, making it necessary for the state to prove Mrs. Sheedy's connivance with the darkey in order to hold her in any way responsible. The testimony of Dr. Beachley is directly in opposition to this theory, and while it does not fix the crime upon Mrs. Sheedy, shows that he found the conditions and symptoms such as to indicate morphine poisoning. The witness went into details to explain the difference in the symptoms accompanying compression and those of morphine poisoning.

The testimony further related to Mrs. Sheedy's tender solicitude for her new found chance acquaintance and "sweetheart," Harry Walstrom, who, it is claimed, has found it convenient to be in Europe during this trying scenes through which his late patron is now passing. It shows how she purchased a number of articles of wearing apparel, among the rest some pink-embroidered night robes, neckties, socks, etc., which were subsequently found in Walstrom's trunk.

Mrs. Sheedy evinced the utmost serenity during the examination, and, while apparently listening intently to the evidence, took no part in the examination, as she had on the previous day by whispering pointers to her counsel.

Albert Katzzenstein was the first witness sworn in the morning. He was examined by Mr. Hall. Lived at 1801 E street and had charge of the gents' furnishing goods department at Herpoishermer's; on or about Christmas sold Mrs. Sheedy two gentleman's handkerchiefs, couldn't describe the handkerchiefs minutely; couldn't tell the nine of them. Witness' attention had been called just after the murder to some muslin night shirts with embroidered fronts, just like some he had sold to Mrs. Sheedy on or about Christmas; they were unlaundried when he sold them and didn't think they had ever been worn or laundried when afterwards shown witness by Malone, although they were wrinkled badly; couldn't remember whether or not Mrs. Sheedy said for whom she was buying the night shirts; knew John sheedy was quite a large man but couldn't swear positively whether or not the shirts would be suitable for him. The shirts had white insertion on the front and pink embroidered edges in front and on the collars and cuffs, and were made by the Queen City company. The witness had evidently lost some of the confidence with which he had formerly identified the handkerchief and shirts found in Walstrom's 5 room as the one's he had sold Mrs. Sheedy about Christmas. He knew they were just like them, but couldn't begin to swear they were the same.

"Don't you remember." asked Mr. Stearns, "that when Mrs. Sheedy bought these night shirts she said that "if these shirts don't fit John I will return them?"

"I think there was something said about fit and return, but don't remember."

"Didn't she say that if they didn't fit her husband she would return them."

"I don't remember that any name was mentioned."

"Didn't you understand from her conversation that she was buying those things for her husband?"

"One would naturally suppose that she was buying them for him."

"Did she buy any other articles in the store that day?"

"I transferred her to the hosiery counter."

"Do you know whether or not she purchased a ring pouch there?"

"No, sir."

The witness was evidently very glad to get out of the chair. He said that Captain Billingsley had talked to him about the cane and had merely remarked that his testimony didn't amount to anything.

James Gatchell, a clerk in charge of the hosiery department at Herpoisheimer's, sold Mrs. Sheedy three pairs of men's black cotton hose, No. 9 1/2; that was within three weeks prior to Christmas; the same hose were shown to witness about the time of the coroner's inquest; identified them--by the dye--the Gloria dye; didn't know that any other store in town handled the same goods; sold two pairs afterwards; couldn't remember to whom. Witness would not swear positively that they were the same socks, but believed they were. Identified them by the dye mark; didn't notice whether the mark placed on them in the store was there or not when he saw them last; they had not been worn.

Harry M. Shaeffer was acquainted with John Sheedy; lived right around the corner on Thirteenth street; was at the Sheedy house the evening that he was assaulted; talked to Sheedy; the latter said: "I have no idea who it was that wished to [word?] up in this manner;" went in on Monday afternoon; was standing at the foot of the bed; Mrs. Sheedy stepped up and took John's hand and said, "If John dies it will kill me; I don't believe the blow would have killed him but I think they are giving him something to put him out of the way;" Dr. Hart was in another room, but couldn't say whether or not he heard the expression; saw no emotions of sorrow or grief; thought her manner and the tones of her voice were very quiet when she said it.

Cross-examined. the witness said that he was in the house three times on the Monday after the assault; witness was present the evening before when Mr. Sheedy was put to bed by Dr. Hart and Dr. Everett; didn't see who put his night robe on, as was out in the next room washing his hands.

The attorneys for the defense, with the type-written testimony of this witness at the inquest before them, pressed the witness hard upon his former utterances, and it appeared that much of his testimody before the coroner had slipped his memory, and he didn't know whether or not he had testified to a great deal of it.

It appeared that in his former testimony witness had testified that Mrs. Sheedy had told him on Monday that John had shown at 12 [?/?] o'clock Sunday evening peculiar symptoms that Dr. Hart testifies to having discovered at 4 a. m. Monday, but he didn't remember.

James Smith, in January last, sold clothing and gents' furnishing goods at Schwab's; Mrs. Sheedy was in the store about the 19th or 20th of December with Mrs. James Hood; she bought three neckties of witness; the ladies were admiring some ties and saw one puff tie the pattern of which suited her, but she wanted it in a four-in-hand; witness had one of the latter which he had ordered for himself; sold it to her with two others for $3.25; afterwards saw this tie and identified it at the coroner's inquest; knew it because it was the one he had ordered for himself; never saw the other two ties.

Dr. Beachley had lived in Lincoln eleven years; had practiced medicine since 1854; was a graduate of Cincinati medical college and of the medical department of the state university of Indiana; was present at the post mortem examination; such an instrument as the cane could have made the wound; Dr. Casebeer conducted the autopsy; witness assisted him. There was no contusion shown on the internal surface of the skull, which was apparently in its normal condition; the brain was normal; there was no ruptures of any of the vessels and no coagulation. The heart was enlarged, and showed some fatty degeneration; the liver was enlarged but the kidneys were normal; the bladder was full of water. The upper part of the medulla oblongata was examined, but did not cut into the upper part of the spinal column. The witness explained the construction of the bones of the skull and the lobes of the brain. Then he gave in detail the symptoms of morphine poisoning, and in relation to the contraction of the pupils of the eye said that atrophine had directive the opposite effect from morphine. Sulfonal was a drug that had been in use for about five years as a sleep producer; a does is from 15 to 30 grains.

"Now assuming," said Mr. Lambertson, "that John Sheedy was a man about six feet and over in height, apparently a man of strong physical ability. and apparently living in good health, but in fact being affected somewhat with fatty degeneracy of the heart, and in the condition revealed by the autopsy at which you were present, and the brain being affected as revealed by the autopsy: that he was, on of about the 11th day of the January, struck with a blunt instrument which produced a wound such as you have described; that it was dressed and the patient put to bed; that it was not thought at the time to be a severe wound; that he was given at the first ten grains of sulfonal, which he vomited; at a later period ten grains more which he vomited, and at a still later ten grains more in a cup of coffee, which he retained;that he then sank into some kind of a sleep, which continued until about 3 or 4 o'clock the following morning, about nine hours after he was struck, at which time he was found to be breathing heavily, only five or six times a minute, the breathing being what is characterized in medical parlance as "heavy or stertorous;" that his pulse was up to 140: the pupils of his eyes being normal; that swallowing, or deglutation as it is called, was impossible; that his body was paralyzed: that his kidneys and bowels were torpid, and the urine had to be drawn off with a [word?], that he contributed in this profound state of coms, the pulse alternating or changing from time to time, running down some hours before his death to 95, until at about 10 o'clock on the night following the blow, consciousness not having been resumed during the period between 4 o'clock, at the time he went into this comatose condition and the time of his death, and that at 10 o'clock he died, what in your opinion was the cause of his death?"

To this hypothetical question the defense, and both branches of it, strenuously objected.

Mr. Stearns contended that the question was improper, as it did not accurately state the symptoms.

"If your honor please," rejoined Mr. Lambertson, "there is some difference of testimony as to some of the symptoms I think the question as propounded will square with the evidence the state has advanced, and if it doesn't suit the defense they may formulate a question embodying the symptoms as they find them."

Colonel Philpott vigorously contended that the phrase intimating that the autopsy had shown the brain to have found in no way affected should not be permitted, as he denied that the evidence showed the brain to have been found in no way affected at the autopsy.

The court finally held that the question came within the requirements an the witness replied:

"Well, my opinion is that the man died from morphine poisoning, from the symptoms and from the conditions we found in the post mortem examination."

On cross-examination the witness related in detail the conditions revealed by the autopsy.

The symptoms of compression of the brain are nearly the same as those in the morphine poisoning except in the breathing, it is not so slow; where you find one breathing heavily and only about five or six times a minute, it would indicate morphine poisoning; where the breathing is equally heavy but at the rate of fifteen or twenty times a minute, it would indicate compression, where the rate fluctuated it would indicate morphine. Compression would be apt to dilate the pupils; would not expect dilation from sulfonal. Compression of the brain is caused by the rupture of a blood vessel, and the blood pouring out upon the tissue. If death had been due to the affects of the blow on the condition of the heart. it would have been apt to occur immediately upon the receipt of the blow.

"What is esteemed to be a fatal dose of morphine?"

"Morphine caries. In some people half a grain would produce death, while in others a much larger quantity would be required."

"Is it any different where it is injected under the skin?"

"Yes sir; the morphine is the more easily, surely and quickly absorbed in the circulation than if it is put into the stomach, every particle being readily taken up. In the latter case it is very uncertain."

"Suppose morphine were injected under the skin, would its presence be revealed in the stomach?"

"No sir, it might not."

"Where would it be revealed?"

"It would be likely to be revealed in the urine."

"Would the effect be the same if the morphine were put into the wound?"

"Yes, sir."

Upon cross examination the witness testified that morphine administered upon the stomach might lie for three hours without assimilation, but it usually revealed itself inside of an hour.

The Thirteenth Day in Court

F. C. [Fisk?], a draughtsman who has prepared a plat of the Sheedy house and grounds for use in the case, was the first witness sworn and explained in detail the features of his draught, which comprised every room on the ground floor, every door and window, every walk, fence, tree or other feature of the entire Sheedy property.

S.M. Melick was recalled and testified that he had had in his possession at one time some of the effects of Walstrom, comprising two or three pairs of socks, two night shirts and two neckties. The witness described them in the crude way in which men usually describe such matters; didn't know that they were the same that were shown for identification to the clerks at Herpoishermer's; was present at the coroner's inquest when Smith identified the neckties: delivered them when he was through with them to Mr. Strode.

"Have you those things now?" asked Mr. Lamberston, turning to Strode.

"No" replied Mrs. Sheedy's attorney.

"What did you do with them?"

"I gave them to Walstrom, as he was demanding them."

"Had you a ring belonging to Mr. Walstrom, Mr. Melick?"

"Yes, sir."

"Have you it with you?"

"Yes, sir."

"You may produce it."

Mr. Melick took from his pockets silver match box, which he handed to Mr. Lambertson.

"Where did you get this?"

"In a drawer in Monday McFarland's shop."

"Who told you where to find it?"

"I believe Officer Kinney told me of it first."

"Was he with you when you found it?"

"Yes, sir."

"Your honor, we will now offer this in evidence."

The box was opened and two white paper packages to much larger than a physician's powder were taken out. They each contained a dainty ringlet.

"We object, your honor," said Mr. Strode, "to the introduction of this in evidence, as incompetent, irrelevant and immaterial."

The court overruled the objection and Reporter Mullon put his exhibit marks upon them.

Mrs. Sheedy sat with eyes cast down and lips compressed during this discussion, as pale as death itself. She never raised her eyes from the floor until Mr. Melick was excused. Before leaving the chair he testified to the finding of the socks, neckties and night shirts in Walstrom's trunk.

James Malone was re-called and testified to having taken the night shirts, socks, neckties, handkerchiefs and underwear from Walstrom's trunk. Also got a ring from Walstrom. The goods were the same as were exhibited at one of the prior hearings and then identified. He also testified in detail to the conversation had with McFarland on the night of his arrest in relation to the purchase of the cane by Monday, when the latter claimed to have purchased it for a man from the Black Hills who had come into his shop and asked him to go and buy it.

Sharpenstein, a barber at work there at that time, made the remark to Monday as the officers were taking him away: "Ah, there, I thought they would get you."

They took Monday to the marshal's officer and his identified the cane as the one bought. When asked where he was on the night of Sheedy's murder he said he had left home at eight minutes before 7 and had gone to the home of Officer Botts; he said that he saw Botts and that Botts saw him. Botts was called in and said he had not so seen Monday. After some further conversation witness told Monday that he knew where he was on that night, that he was at John Sheedy's. Monday did not [?]. He was then locked up.

Malone related the details of Monday first confession to himself and Officer Kinney on Sunday morning early about as heretofore related in the confession subsequently made and reduced to writing.

Mr. Strode examined the witness rigidly upon his testimony before the coroner's jury, wherein he appears to have stated that he had had a conversation with John Sheedy on the night after the assault and that the latter had said that he thought his assailant was Frank Williams. A number of questions were asked on this point and ruled out. Maione said he didn't [say?] it.

Both Mr. Strode and Mr. Philpott pressed the witness very hard to get an admission from him that he had told them each individually how badly scared Monday was and how he had been led to confess, but the witness declared that he did not remember having seen them that Sunday night and certainly did not tell them anything, whereat the attorneys both looked very grievously surprised and shocked, as if they were contemplating with horror and commiseration the remote hereafter of Jim Malone.

"Didn't you tell me that Sunday night" said Colonel Philpott, "in the corridor of the city jail as you passed, you going towards Monday's cell, and I going in the opposite direction, that Monday was in a desperate condition and would commit suicide before morning?"

"No, sir."

"Did you see me in the jail that night at all?"

"No, sir."

"Will you swear I was not there?"

"No, sir; you might have been there while I was not."

"Do you mean to say, Mr. Maione." said Mr. Strode. "that you did not tell me that night in the office of the police station, leaning over the railing and talking to me in low tones, that you scared that confession out of Monday McFarland?"

"Yes, sir; I never told you that."

"Do you remember saying anything?"

"I might have said something, but I never said that?"

The defense also subjected him to a rattling fire of questions to show his interest in the case in the matter of a reward. Malone said he did not know of his knowledge that any reward was offered, but Marshal Melick had informed him there was a reward of $1,000. He had been supplied with funds to the amount of $75 to assist in securing the evidence.

"Wasn't Mr. Philpott down to the jail the night Monday was arrested, prowling around trying to get at the prisoner?" asked Mr. Lambertson.

"Couldn't say that he was."

"Wasn't about half the bar of Lincoln down there trying to get at the prisoner?"

"Not that I know of, sir."

"Did you ever see me down at the city jail hunting for clients, Mr. Malone?" asked Mr. Strode.

"Can't say that I have."

The witness related in detail the confession Monday made to him and Officer

Children Cry for Pitcher's Castoria.