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14 revisions | Natalie V at Apr 29, 2020 07:55 PM | |
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18SAYS IT WAS MONDAY'S BLOW THAT TOOK THE LIFE OF JOHN SHEEDY. Dr. Hart Says That It Produced Fatal The Afternoon Spent in Contention as to May Ex-Mayor Graham Tell It? Monday McFarland wore a troubled look all day and at times looked as if he was crying without shedding a tear, his features being so distorted as the counsel dwelt upon the competency of his thrice told tale of guilt. It was noticed that during the afternoon Monday's seat was changed from the east end of the long table occupied by counsel and he sat up toward the court, a few feet in front of Mrs. Sheedy and her row of relatives, and just behind Attorney Strode, who was next to the witness' chair. There was an apparent break in the surprising harmony which has heretofore been deemed so remarkable among the attorneys for the two defendants. Apparently the testimony of Dr. Hart, while apparently greatly in the woman's favor, was anything but satisfactory to the darkey, as it fixed the responsibility for Sheedy's death upon that crushing blow in the dark with the cane. It then became evident that the interests of the defendants were not identical, and the hitherto harmonious counsel for the defense were noticed frequently conferring with the utmost apparent caution. Once, just before adjournment, they differed materially and the adjournment was [timely?] to permit them to reach an agreement. The crowd of spectators increased during the morning. While each witness is being examined the doors are kept closed and at intervals there was a noisy rush upon the part of those upon the outside to get in and those upon the inside to get out. The jury was not removed from the [?] while the discussion as to the competence of the confession for admission as testimony was going on, so that it has ere this been pretty thoroughly stamped upon their minds that there was a confession and the strong fight being made by the defense to keep it out cannot fail to impress them with its import. Upon the opening of the court Mr. Sterns asked for a rule requiring that the witnesses all be separated; that none be allowed to be present while others were testifying. The court ordered all witnesses to remain outside of the court room until they had testified. Dr. C. S. Bart was the first witness called, but ere a question was put to him the defense interposed objections to the third and fourth counts in the information, claiming that they did not state facts sufficient to constitute an offense. The objections were overruled. Dr. Hart on the Stand. "How was the first dose of sulfonal administered?" The first dose produced no effect whatever, and he threw it up in about twenty minutes. The second dose was given an hour later, or about 10:50. He had then vomited several times, from the shock to the nervous system. He complained of a pain in his head. He threw up the second dose in about fifteen minutes. From 10 to 11 o'clock he was in a more agitated condition than at the visit between 8 and 9 o'clock. No effect was noticed from the second dose, and he threw it up in about fifteen minutes. "Where was you when you gave him the first powder?" The third dose was given by Mrs. Sheedy in coffee at about 1 o'clock; she made the coffee in the kitchen on a gas stove. Witness stood just inside the bedroom, but went out into the kitchen and told her to put in no cream or sugar; she brought it in in a cup; witness asked her if it was not too hot; didn't remember whether or not he had tasted it; if he had he would have tasted morphine if it had been there; Mrs. Sheedy put the sulfonal in the cup; witness having handed it to her; young Dennis Sheedy, nephew of John Sheedy, was present. After the administration of the third dose of sulfonal witness remained until morning; the light was turned down and witness, Mrs. Sheedy and Dennis went out; witness thought that he might go to sleep if quiet was maintained; witness and Dennis Sheedy were in the sitting room, the former so that he could see Sheedy by leaning forward; Mrs. Sheedy was in the sitting room part of the time and part of the time somewhere else, witness supposed in the parlor. Witness passed in and out of the bedroom every few minutes until 4 o'clock; went out of doors once or twice; about 4 a.m. Dennis Sheedy called the attention of witness to the fact that Sheedy was breathing heavily. Witness went in and found Sheedy wholly unconscious and breathing very heavily, not more than seven or eight times a minute, the normal number being seventeen or eighteen; his temperature was 100. Mrs. Sheedy followed them into the room; supposed that she had heard them from the parlor and had followed them in. Witness asked her for some stimulant. She procured some whisky and water. He was given some by witness, but couldn't swallow it. The muscles of the throat were paralyzed. The symptoms were deemed dangerous by the witness and Dr. Everett was summoned. Witness said that his impression at the time was that Sheedy's death was due to compression at the base of the brain, caused by the shock from the blow, paralyzing the nerves of respiration and circulation. The symptoms of compression are almost identical with those of morphine poisoning except as to the contraction of the pupils of the eye. He explained that by compression he meant that there was a rush of blood to the brain and that it would be met by an unusual quantity of serum, more than would be absorbed readily in the ordinary course of nature, and that the combined influence of the two would be the compression of the nerves at the base of the brain and the upper portion of the spinal chord, producing paralysis of the parts affected by those nerves. The witness further testified that at the consultation of physicians subsequently held this theory was generally adopted. Dr. Woodward suggested trephining at the point where the wound was inflicted, but the other five physicians opposed this course, as that was evidently not the point where the compression existed. Mrs. Sheedy was consulted and said she wished to abide by the decision of the majority. Dr. Hart further testified that he was present as a spectator at the autopsy and would not call the examination made a critical one; no examination was made of the base of the brain, as far as he saw, nor the upper portion of the spinal chord, which he esteemed to be the seat of the trouble. No magnifying instrument was used in the examination, and the effects of compression might or might not be discovered otherwise, owing to circumstances. He found an unusual quantity of moisture about the brain. He believed that the effect of morphine poisoning would be to increase the moisture about the brain, as would also compression. On cross-examination the witness said that he had administered no hypodermic injection of morphine, as he did not discover any necessity therefor, the third dose of sulfonal having apparently produced the desired quieting effect. "What did you do with your hypodermic injector when you were there at this time?" After the discovery of Sheedy's condition at 4 o'clock Mrs. Sheedy appeared to be anxious concerning it, and seemed to be doing everything she could to relieve him, such as moistening his lips and bathing his face. He thought that if morphine had been administered at 1 o'clock it would have manifested itself before 4 o'clock, probably about two o'clock, in the heavy breathing and attendant symptoms. He usually looked for it to reveal its effects in thirty to forty minutes. The witness testified as to the autopsy on his cross-examination, that some fatty degeneration of the heart was found, which would materially lessen Sheedy's chances of life in case of a shock; that the liver and kidneys were enlarged; that an unusually large gall stone was found in the gall bladder, but that nothing was noticed to be wrong with the lungs. He thought that the probability of morphine administered into the stomach being discovered after death depended upon the size of the dose. If so much was administered that the organs of absorption would be paralyzed ere it was all absorbed the portion unabsorbed when death ensued would remain in the stomach a week or ten weeks more. It was noon ere the counsel let go their hold upon the witness and then it was only to what their zeal by renewing their mental and physical energies at the dinner table. The Afternoon Session. When the call to work was sounded the cross-examination of Dr. Hart by Mr. Strode was resumed. The witness said that John Sheedy's physical condition at the time of his death was such that he might have lived for many years or that violent excitement might terminate life at any time. Colonel Philpott, on behalf on Monday, the cane wielder, then took the witness. The post-mortem examination was probably ordered by the coroner; he didn't think the examination was very complete; the medulla was not examined. "Were you not assisting in that examination?" To Mr. Hall the witness said it could not be said that the fatty degeneration of the heart contributed in any way to the death of John Sheedy; if he died from heart disease alone he would have died in a different manner than what he did; did not attribute his condition to any affection of the heart, and it only suggested itself by the irregularity of the pulse. The theory held by the witness at the time would account for every feature of Sheedy's condition. He believed Mr. Sheedy died from the effects of the blow rather than from any defective condition of the organs of the body. Dr. Hart was on the stand over three hours and was a remarkably cool, confident and frank witness, maintaining his theory and his composure at once under the searching questions propounded him. Ex Mayor Graham. It was explained by Mr. Hall that Mr. Graham was examined early to permit of his departure to serve on the United States jury in Omaha. Mr. Graham, in response to questions by counsel, told of the circumstances surrounding Monday's confession. He had first met him in the marshal's private office on Sunday. The marshal had invited him to be there, as he wished him to be present to hear Monday's confession. "Did Monday McFarland make confession at that time touching the means or manner of John Sheedy's death?" There was a pause in the proceedings, and every one anticipated the objections that were soon made manifest by the defense. Then it was that Hon. H. W. Weir of Mrs. Sheedy's council raised his voice for the first time during the eight days of the trial. He objected to the recitation of the confession until it had first been shown that it had been entirely voluntary and not made from fear or offers of immunity. The attorney was waxing eloquent upon the question and its vital importance in this case, when he was somewhat abruptly interrupted. "I believe," said Judge Field, "that it is well understood by counsel that it is first necessary to lay a foundation for the admission of a confession by showing it to be competent. I don't believe counsel will differ on that point." "But we do differ, your honor," said Mr. Hall, who contended that by the law a confession was to be considered competent until the party objecting to its admission should prove it to be incompetent. He thought no court should presume that a confession was involuntary until it was so proven. Mr. Weir entered a motion asking that the confession be not admitted into the evidence for the reason that it was obtained from Monday McFarland by threats and promises of immunity. | 18SAYS IT WAS MONDAY'S BLOW THAT TOOK THE LIFE OF JOHN SHEEDY. Dr. Hart Says That It Produced Fatal The Afternoon Spent in Contention as to May Ex-Mayor Graham Tell It? Monday McFarland wore a troubled look all day and at times looked as if he was crying without shedding a tear, his features being so distorted as the counsel dwelt upon the competency of his thrice told tale of guilt. It was noticed that during the afternoon Monday's seat was changed from the east end of the long table occupied by counsel and he sat up toward the court, a few feet in front of Mrs. Sheedy and her row of relatives, and just behind Attorney Strode, who was next to the witness' chair. There was an apparent break in the surprising harmony which has heretofore been deemed so remarkable among the attorneys for the two defendants. Apparently the testimony of Dr. Hart, while apparently greatly in the woman's favor, was anything but satisfactory to the darkey, as it fixed the responsibility for Sheedy's death upon that crushing blow in the dark with the cane. It then became evident that the interests of the defendants were not identical, and the hitherto harmonious counsel for the defense were noticed frequently conferring with the utmost apparent caution. Once, just before adjournment, they differed materially and the adjournment was [timely?] to permit them to reach an agreement. The crowd of spectators increased during the morning. While each witness is being examined the doors are kept closed and at intervals there was a noisy rush upon the part of those upon the outside to get in and those upon the inside to get out. The jury was not removed from the [?] while the discussion as to the competence of the confession for admission as testimony was going on, so that it has ere this been pretty thoroughly stamped upon their minds that there was a confession and the strong fight being made by the defense to keep it out cannot fail to impress them with its import. Upon the opening of the court Mr. Sterns asked for a rule requiring that the witnesses all be separated; that none be allowed to be present while others were testifying. The court ordered all witnesses to remain outside of the court room until they had testified. Dr. C. S. Bart was the first witness called, but ere a question was put to him the defense interposed objections to the third and fourth counts in the information, claiming that they did not state facts sufficient to constitute an offense. The objections were overruled. Dr. Hart on the Stand. "How was the first dose of sulfonal administered?" The first dose produced no effect whatever, and he threw it up in about twenty minutes. The second dose was given an hour later, or about 10:50. He had then vomited several times, from the shock to the nervous system. He complained of a pain in his head. He threw up the second dose in about fifteen minutes. From 10 to 11 o'clock he was in a more agitated condition than at the visit between 8 and 9 o'clock. No effect was noticed from the second dose, and he threw it up in about fifteen minutes. "Where was you when you gave him the first powder?" The third dose was given by Mrs. Sheedy in coffee at about 1 o'clock; she made the coffee in the kitchen on a gas stove. Witness stood just inside the bedroom, but went out into the kitchen and told her to put in no cream or sugar; she brought it in in a cup; witness asked her if it was not too hot; didn't remember whether or not he had tasted it; if he had he would have tasted morphine if it had been there; Mrs. Sheedy put the sulfonal in the cup; witness having handed it to her; young Dennis Sheedy, nephew of John Sheedy, was present. After the administration of the third dose of sulfonal witness remained until morning; the light was turned down and witness, Mrs. Sheedy and Dennis went out; witness thought that he might go to sleep if quiet was maintained; witness and Dennis Sheedy were in the sitting room, the former so that he could see Sheedy by leaning forward; Mrs. Sheedy was in the sitting room part of the time and part of the time somewhere else, witness supposed in the parlor. Witness passed in and out of the bedroom every few minutes until 4 o'clock; went out of doors once or twice; about 4 a.m. Dennis Sheedy called the attention of witness to the fact that Sheedy was breathing heavily. Witness went in and found Sheedy wholly unconscious and breathing very heavily, not more than seven or eight times a minute, the normal number being seventeen or eighteen; his temperature was 100. Mrs. Sheedy followed them into the room; supposed that she had heard them from the parlor and had followed them in. Witness asked her for some stimulant. She procured some whisky and water. He was given some by witness, but couldn't swallow it. The muscles of the throat were paralyzed. The symptoms were deemed dangerous by the witness and Dr. Everett was summoned. Witness said that his impression at the time was that Sheedy's death was due to compression at the base of the brain, caused by the shock from the blow, paralyzing the nerves of respiration and circulation. The symptoms of compression are almost identical with those of morphine poisoning except as to the contraction of the pupils of the eye. He explained that by compression he meant that there was a rush of blood to the brain and that it would be met by an unusual quantity of serum, more than would be absorbed readily in the ordinary course of nature, and that the combined influence of the two would be the compression of the nerves at the base of the brain and the upper portion of the spinal chord, producing paralysis of the parts affected by those nerves. The witness further testified that at the consultation of physicians subsequently held this theory was generally adopted. Dr. Woodward suggested trephining at the point where the wound was inflicted, but the other five physicians opposed this course, as that was evidently not the point where the compression existed. Mrs. Sheedy was consulted and said she wished to abide by the decision of the majority. Dr. Hart further testified that he was present as a spectator at the autopsy and would not call the examination made a critical one; no examination was made of the base of the brain, as far as he saw, nor the upper portion of the spinal chord, which he esteemed to be the seat of the trouble. No magnifying instrument was used in the examination, and the effects of compression might or might not be discovered otherwise, owing to circumstances. He found an unusual quantity of moisture about the brain. He believed that the effect of morphine poisoning would be to increase the moisture about the brain, as would also compression. On cross-examination the witness said that he had administered no hypodermic injection of morphine, as he did not discover any necessity therefor, the third dose of sulfonal having apparently produced the desired quieting effect. "What did you do with your hypodermic injector when you were there at this time?" After the discovery of Sheedy's condition at 4 o'clock Mrs. Sheedy appeared to be anxious concerning it, and seemed to be doing everything she could to relieve him, such as moistening his lips and bathing his face. He thought that if morphine had been administered at 1 o'clock it would have manifested itself before 4 o'clock, probably about two o'clock, in the heavy breathing and attendant symptoms. He usually looked for it to reveal its effects in thirty to forty minutes. The witness testified as to the autopsy on his cross-examination, that some fatty degeneration of the heart was found, which would materially lessen Sheedy's chances of life in case of a shock; that the liver and kidneys were enlarged; that an unusually large gall stone was found in the gall bladder, but that nothing was noticed to be wrong with the lungs. He thought that the probability of morphine administered into the stomach being discovered after death depended upon the size of the dose. If so much was administered that the organs of absorption would be paralyzed ere it was all absorbed the portion unabsorbed when death ensued would remain in the stomach a week or ten weeks more. It was noon ere the counsel let go their hold upon the witness and then it was only to what their zeal by renewing their mental and physical energies at the dinner table. The Afternoon Session. When the call to work was sounded the cross-examination of Dr. Hart by Mr. Strode was resumed. The witness said that John Sheedy's physical condition at the time of his death was such that he might have lived for many years or that violent excitement might terminate life at any time. Colonel Philpott, on behalf on Monday, the cane wielder, then took the witness. The post-mortem examination was probably ordered by the coroner; he didn't think the examination was very complete; the medulla was not examined. "Were you not assisting in that examination?" To Mr. Hall the witness said it could not be said that the fatty degeneration of the heart contributed in any way to the death of John Sheedy; if he died from heart disease alone he would have died in a different manner than what he did; did not attribute his condition to any affection of the heart, and it only suggested itself by the irregularity of the pulse. The theory held by the witness at the time would account for every feature of Sheedy's condition. He believed Mr. Sheedy died from the effects of the blow rather than from any defective condition of the organs of the body. Dr. Hart was on the stand over three hours and was a remarkably cool, confident and frank witness, maintaining his theory and his composure at once under the searching questions propounded him. Ex Mayor Graham. It was explained by Mr. Hall that Mr. Graham was examined early to permit of his departure to serve on the United States jury in Omaha. Mr. Graham, in response to questions by counsel, told of the circumstances surrounding Monday's confession. He had first met him in the marshal's private office on Sunday. The marshal had invited him to be there, as he wished him to be present to hear Monday's confession. "Did Monday McFarland make confession at that time touching the means or manner of John Sheedy's death?" |