31

GOT A THREATENING LETTER

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FOUR DAYS BEFORE THE ASSULT

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D. G. Courtnay Gives Some Important Testimony at a Remarkably Late Date.

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Mrs. Skinner Not Permitted to Tell of Having Seen Monday Going Through the Alley After Both Assaults of Sheedy.

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No More Testimony to Go In.

The progress of the Sheedy case was remarkably dilatory during the half day session devoted to rebuttal yesterday, owing to the absence of witnesses extracted by the state, and the officers of the court receives several broadsides of criticism from Judge Field and the attorneys for not having the witness in readiness when called.

There was the inevitable crowd of spectators on attendance, eager to hear the last bits of conflicting testimony sifted to a definite conclusion. the accused, with their attendants and attorneys, were on hand promptly at the hour for opening. An air of exhaustion was perceptible on every hand. The three weeks of mental strain has left its tracks upon the features of all whose connection with the case has kept them in line with its progress, and it was apparent that all were apply qualified to profit from a day of rest.

Mrs. Sheedy, during the greater part of the long forenoon sat with her eyes closed, as if sleeping, while her sisters, Mrs. Morgan and Mrs. Dean, were quietly enjoying the mental relief that comes borne upon a tide of tears. Those three devoted sisters appear to have suffered much more poignantly from the events of the past three weeks than has the defendant who enjoys their tender, anxious sympathy, if one may accurately measure human anguish by outward appearances. Their deportment has undeniably operated very much to the advantage of the defense in this case.

Monday McFarland did not appear so utterly forsaken yesterday as during the former days of the trial. It is true that some of his colored friends and relatives have been near him in court every day ever since the taking of testimony began, but yesterday he sat in a semi-circle of ten colored ladies. Among them all the most tastefully and expensively attired was his wife, an intelligent looking colored woman of apparently about twenty-five years of age. She had brought with her their baby, and the child nestled down into its father's arms and maintained a mystical quietude throughout the forenoon. Once the swartly prisoner was noticed bending over it in tears. Monday and his coterie of friends sat nearer the jury than did Mrs. Sheedy, and the incident of the child's presence in court did not fail to make its impression upon everyone.

The chief testimony offered yesterday was certainly of a very important and interesting nature. Both sides had some ready, but only the defense was allowed to bring out any new facts. The testimony of Mrs. Skinner to the effect that she saw Monday McFarland pass through the alley just after both of the assaults at the Sheedy place, was not permitted to go before the jury.

Upon the opening of court Mr. Strode asked the court for leave to introduce some testimony of which he had just learned and desired to call D. G. Courtnay. Mr. Hall for the state protested somewhat against permitting the introduction of some evidence so long after the defense had rested its case, but the court concluded to permit it.

An Anonymous Threatening Letter.

Mr. D. G. Courtnay was called and said that John Sheedy was in his office two or three or four days before the last assault and gave him a letter he had received, indicating that he was to be assaulted and killed; witness gave it back to Sheedy; had looked through Sheedy's papers after his death, but had been unable to find it; Patrick and Michael Sheedy had then taken some of the clothing away. There was no name signed to the letter and it was in a disguised hand writing. Mr. Sheedy had said at the time that he had shown it to Mr. Sheedy. The substance of the letter was the unless Sheedy let up on his opposition to other gamblers and stopped trying to run the town, it would be only a question of time until he was killed.

"Mr. Courtnay, when did you tell Mr. Strode about that letter?" asked Mr. Hall.

"Yesterday, I had told Mr. Higgerstaff of it the evening before and had also spoken to Judge Weir."

"Is it not a fact Mr. Courtnay that the letter was signed a friend to your wife?"

"It is not."

"Did he ever show you any similar letter or letters signed in that way?"

"No sir."

The witness explained that the letter was postmarked to Lincoln, was not dated, and was written in what appeared to be a man's disguised hand.

The defense also endeavored to call out the substance of some letters Mrs. Sheedy had written for husband while she was in Buffalo, and how they came to be destroyed. He stated that Dennis Sheedyhad [feud]? them in the presence of the witness that had cried like a child. He was not permitted to tell of the contents or tone of those letters, although the defense persistently endeavored to draw out some imitation of the terms in which they were counsel form which it was easily inferred that they were ideal love letters.

Saw no Two Men running.

Officer Kinney was the first witness called in rebuttal by the state and said that he was with Officer Otto at the [Bure]? block corner, Twelfth and O, when the shooting occurred; saw no men running south on Twelfth; immediately ran north on Twelfth street about forty feet past the alley Henry Krause there turned around and ran around into the alley. Saw no one running south at any time. Saw no two boys standing on the south side of O street; they might have been there. The patrol wagon did not go to the Sheedy residence after the assault. Witness ran clear through the alley; thought Officer Adams did also.

Topping was Sober, but Saw no Men.

D. C. Topping, a blacksmith, was down but he opera house when the first shot was fired, and went north a little ways;