236

MONDAY'S CONFESSION GOES

JUDGE FIELD DECIDES TO ADMIT IT.

The Defense Sustains Defeat Upon the First and Most Vital Point Raised in the Case.

Not to Weigh Against Mrs. Sheedy.

The first great clash of arms in the Sheedy case has brought to the defense the most disheartening defeat. Both branches of the defense have fought with the full vigor of their legal ability and attainments to prevent the use of Monday McFarland's revolting story of the means by which he was induced to undertake to compass the death of John Sheedy, and they have met with signal failure. This was the most vital point at issue in the case, outside of the final verdict, and has been contested by counsel ever since ex-Mayor Graham took the stand Tuesday afternoon. The particular confession of the three the darkey appears to have been made was the one made in the presence of Mayor Graham, Marshal Melick, Officer Malone, Dennis Sheedy and Reporter Wheeler on the day following his arrest. Monday was arrested Saturday evening and appears to have given some inkling of his knowledge of the tragedy, if the defense is correct, before Sunday morning, which it is claimed by the defense was a confession. Then on Sunday he made the confession published at the time in this paper. Still later he went before the coroner's jury and repeated the story. The state was prepared to offer the third confession had they been knocked out on the second, and contended that no prior confession had been made, although Monday had made some damaging admissions the night of his arrest.

The court room Wednesday began to show the intense interest that has marked the Progress of the great case since its inception on the evening of January 11 last. The seats allotted to the public were all taken, and crowds of men and women stood up around the walls and in the aisles. Even the railed enclosure encircling the court was filled with attorneys , court attendants and privileged spectators.

Mrs. Sheedy's faithful relatives. her trio of dark-eyed, well-dressed sisters, her grave, looking uncle and her brother-in-law, Mr. Baker of Western, eat with her all through the long and trying day. One needs not to be told that the four women who sit in solemn row facing the court, with their backs to the audience, are sisters, for the fact is plainly revealed in their faces.

The demeanor of Mrs. Sheedy revealed no change from that of the last two days until just before adjournment, when she was apparently appalled by the decision of the court that she must to-morrow sit in that solemn circle and listen to the reading of the horrible story told in Monday McFarland's confession. She evidently realized that the first hopes of her tireless counsel had been shattered, but although her face bore the hue of death, not a movement of her eyes or lips betrayed that she even realized the significance of the court's important ruling. Her step was just as firm and her carriage as carelessly defiant when she was led from the room by her uncle as if she was simply a spectator.

Monday McFarland wore the same sorely troubled expression all day yesterday that had been perceptible on the previous day. When he came into court at the noon hour he wore a new light-colored summer coat, and looked generally more presentable than he has heretofore. The fact was explained when it was discovered that an intelligent looking colored gentleman and lady sitting just behind him were his sister, Mrs. Cynthia Middleton and his uncle, George True, both of White Cloud, Kansas. Monday's mother had been unable to come. When court adjourned Monday and his sister sat for some time in the jurors chairs engaged in earnest conversation and finally left for the jail together, Monday clinging to his sister's arm and conversing with her in a low tone, while Jailor Langdon followed at the distance of a few feet.

Mr. Carder Tells About Malone.

W. W. Carder was the first witness sworn and when questioned by Mr. Weir said that he was acquainted with John Sheedy in his lifetime. In January last was captain of police; was present when Monday McFarland was brought in by Malone and was kept in the marshal's office for some time ere he was turned over to witness. Two or three officers took him from the marshal's office to cell No. 1; didn't know whether Malone went in with the prisoner, but he was there and was in conversation with Monday; witness heard Malone say "they'll get you before morning;" witness wasn't sure but what he sided in with Malone a little bit; there was also a remark made that "they're coming up now and there are about fifty of them, but they are waiting until they get a hundred." The ability of the police to stand them off was discussed in Monday's hearing. McFarland appealed to witness to protect him, and witness assured him that he could protect him; Monday said he didn't have any confidence in the police, as he believed they stood in with the mob. Malone started the conversation. Witness thought McFarland was either badly scared or under the influence of whisky. There was another conversation toward morning intimating that the mob was on the outside; didn't recall that Malone said anything about hanging, but the inference to be drawn was that the mob proposed to hang the prisoner. One conversation occurred about 4 a.m.; witness and Malone were in the corridor talking to Monday when some noise was heard in the office and Malone intimated that the mob was coming; witness thought it was then Monday expressed his lack of confidence in the police; witness repeatedly assured the prisoner that he would not be injured; Monday had not at that time made his confession, or at least the published confession.

Cross-examined by Mr. Hall: There were other officers there who could see and hear everything that was going on; the interviews with Monday were very brief. the officers just walking in now and then and saying a word or two; there were no conversations of any duration. Witness remembered a conference between Monday and Officers Kinney and Malone; witness sent Officer McBrien into the cell; when witness went in he was frozen out; he remembered having said to Monday, "They have scared enough out of you already to hang a dozen men and you're a d----d fool if you don't keep your mouth shut." Witness said that because if Monday said anything he had a right to know it; no one had any more rights there than the witness; had had some conversation with the prisoner himself during the night in reference to his connection with the murder if John Sheedy; hadn't scared it out of Mondy by a darned sight. Malone did not go into Monday's cell; they talked to the prisoner through the cell door. Think that Officer Splain and one other officer were within six feet during the conversations had with Monday, but didn't think they could hear what was said; think they might have heard some of it; Monday said to witness that if the mob hung him it would hang an innocent man, as he had had nothing to do with it on earth; didn't know that he made any confessions or admissions to Malone while locked up that night.

"What did he say," asked Mr. Weir. "of there having been a job put up on him?"

"He said there was a job put up on him. He didn't say there was a job put up on him, but that he was in with a job."

"There is not the best of feeling existing between you and Malone, is there?" said Mr. Hall.

"Not the best on earth; I can give you reasons for it if you wish."

"Never mind your reasons,"

"I would like to give you my reasons and they are mighty good ones, too."

Sam Melick Sworn.

Ex-Marshal Melick was sworn and said that he was one of the men who arrested Monday McFarland. He was not really placed under arrest until after the first conference in the marshal's office; the officers met him at the stairs leading to Monday's shop and told him they wanted to have a conference with him. When they had taken him to the marshal's office witness told him that they had evidence enough already to convict him of the crime, and if there were any one implicated with him it would evidently go easier with him to tell who they were; witness did not tell McFarland that he under arrest.

The witness gave a number of questions which had been asked Monday, but was not permitted to give the answer, relating to the purchase of the cane at Goldwater's; witness had then said to Monday, "come with us up to the office; we want to have some more talk with you about this." The darkey's talk at that time was in the nature of a general denial; he made no confession, but admitted some facts connected with the case.

This closed the evidence of the defense to show that Monday was coerced into his confession.

The state called Dennis Sheedy in rebuttal. Witness said he was a brother of the deceased and was present at the time of Monday's confession; had been invited there to hear the confession. The following proposition was shown him and he identified it as one made by him, but withdrawn at the request of Mayor Graham:

"I think you had better for your own good, if you want to save your own life, show this thing up. You have told enough already now in this matter to satisfy us who killed him. Now you can turn state's evidence, and in all probability they will let you off with your life. That is my opinion. It will undoubtedly be much easier for you anyhow to associate the others that are more guilty than yourself in this matter."

The witness said that the other questions or propositions complained of were not propounded by him:

MONDAY'S CONFESSION GOES

JUDGE FIELD DECIDES TO ADMIT IT.

The Defense Sustains Defeat Upon the First and Most Vital Point Raised in the Case.

Not to Weigh Against Mrs. Sheedy.

The first great clash of arms in the Sheedy case has brought to the defense the most disheartening defeat. Both branches of the defense have fought with the full vigor of their legal ability and attainments to prevent the use of Monday McFarland's revolting story of the means by which he was induced to undertake to compass the death of John Sheedy, and they have met with signal failure. This was the most vital point at issue in the case, outside of the final verdict, and has been contested by counsel ever since ex-Mayor Graham took the stand Tuesday afternoon. The particular confession of the three the darkey appears to have been made was the one made in the presence of Mayor Graham, Marshal Melick, Officer Malone, Dennis Sheedy and Reporter Wheeler on the day following his arrest. Monday was arrested Saturday evening and appears to have given some inkling of his knowledge of the tragedy, if the defense is correct, before Sunday morning, which it is claimed by the defense was a confession. Then on Sunday he made the confession published at the time in this paper. Still later he went before the coroner's jury and repeated the story. The state was prepared to offer the third confession had they been knocked out on the second, and contended that no prior confession had been made, although Monday had made some damaging admissions the night of his arrest.

The court room Wednesday began to show the intense interest that has marked the Progress of the great case since its inception on the evening of January 11 last. The seats allotted to the public were all taken, and crowds of men and women stood up around the walls and in the aisles. Even the railed enclosure encircling the court was filled with attorneys , court attendants and privileged spectators.

Mrs. Sheedy's faithful relatives. her trio of dark-eyed, well-dressed sisters, her grave, looking uncle and her brother-in-law, Mr. Baker of Western, eat with her all through the long and trying day. One needs not to be told that the four women who sit in solemn row facing the court, with their backs to the audience, are sisters, for the fact is plainly revealed in their faces.

The demeanor of Mrs. Sheedy revealed no change from that of the last two days until just before adjournment, when she was apparently appalled by the decision of the court that she must to-morrow sit in that solemn circle and listen to the reading of the horrible story told in Monday McFarland's confession. She evidently realized that the first hopes of her tireless counsel had been shattered, but although her face bore the hue of death, not a movement of her eyes or lips betrayed that she even realized the significance of the court's important ruling. Her step was just as firm and her carriage as carelessly defiant when she was led from the room by her uncle as if she was simply a spectator.

Monday McFarland wore the same sorely troubled expression all day yesterday that had been perceptible on the previous day. When he came into court at the noon hour he wore a new light-colored summer coat, and looked generally more presentable than he has heretofore. The fact was explained when it was discovered that an intelligent looking colored gentleman and lady sitting just behind him were his sister, Mrs. Cynthia Middleton and his uncle, George True, both of White Cloud, Kansas. Monday's mother had been unable to come. When court adjourned Monday and his sister sat for some time in the jurors chairs engaged in earnest conversation and finally left for the jail together, Monday clinging to his sister's arm and conversing with her in a low tone, while Jailor Langdon followed at the distance of a few feet.

Mr. Carder Tells About Malone.

W. W. Carder was the first witness sworn and when questioned by Mr. Weir said that he was acquainted with John Sheedy in his lifetime. In January last was captain of police; was present when Monday McFarland was brought in by Malone and was kept in the marshal's office for some time ere he was turned over to witness. Two or three officers took him from the marshal's office to cell No. 1; didn't know whether Malone went in with the prisoner, but he was there and was in conversation with Monday; witness heard Malone say "they'll get you before morning;" witness wasn't sure but what he sided in with Malone a little bit; there was also a remark made that "they're coming up now and there are about fifty of them, but they are waiting until they get a hundred." The ability of the police to stand them off was discussed in Monday's hearing. McFarland appealed to witness to protect him, and witness assured him that he could protect him; Monday said he didn't have any confidence in the police, as he believed they stood in with the mob. Malone started the conversation. Witness thought McFarland was either badly scared or under the influence of whisky. There was another conversation toward morning intimating that the mob was on the outside; didn't recall that Malone said anything about hanging, but the inference to be drawn was that the mob proposed to hang the prisoner. One conversation occurred about 4 a.m.; witness and Malone were in the corridor talking to Monday when some noise was heard in the office and Malone