29

THE STATE RESTS AT LAST

ON THE FIFTEENTH DAY OF THE TRIAL.

McFarland's Third Confession, Made at the Coroner's Inquest. Read to the Jury.

The Testimony of Mrs. Sheedy Before the Coroner is Also Read -- Mrs. P. H. Swift Proves an Interesting but Somewhat Unwilling Witness.

Incidental and Speculations.

In spite of the fact that on the previous evening the state had announced that it had but two more witnesses to introduce in the Sheedy trial. it somehow managed to put in the entire day in a most interesting manner in closing up the state's testimony. This was due to the letter opposition evinced by the defense, first to the introduction of McFarland's confession made before the coroner's jury, and next to the reading to the testimony of Mrs. Sheedy before the same preliminary tribunal. But Monday's third confession was read, making the fourth time that the details of his alleged [ambrous rulations?] with his fair co-defendant, and her alleged subtle cunning in leading him to put her husband out of her way, have been recited at length to the jury. And Mrs. Sheedy's testimony went in also. To say that that jury has paid strict attention to the salacious details of that confession is putting it entirely too mildly. No prattling [?]chin in H. loving mother's arms has ever listened with more wrapt attention to the fairy tales so fraught with interest to the child than have they bent upon that startling story of duplicity and sinfulness. They have leaned forward in their chairs until two semi-circles of six heads each, one above the other have encircled the bend of Stenographer Wheeler in uncomfortable proximity thereto, and when one hand was not sufficient to guide the sound. unwasted; into each individual ear, both hands were willingly and eagerly utilized for that purpose. The attention they have given it would hardly be an indication that they have esteemed it the ignorant vaporings of an entrapped negro. It would indicate that they at least deem it worth consideration.

Myron [B.?] Wheeler, who, as deputy state auditor, has been absent for several days settling up the affairs of the defunct Nebraska Insurance company, was on hand yesterday as a witness for the state and the cane was reproduced. He was so busy, however, with other affairs, that he was out once or twice when the state wanted him, and once Mr. Lamberston asked that an attachment issue for him. In a moment, however, he appeared and Judge Field ordered him to forego his other duties and remain in the court room.

There was more acrimonious contention on bickering among the attorneys yesterday than on any day since the trial began and even the patience of Judge Field gave way to several feeling admonitions.

It must have been a day of varying emotions for the defense. and if one could judge from the testimony there were very few pleasing ones for them either. [Wiren?] Mrs. Sheedy entered the court room in the morning there was more color in her pale cheeks than has been noticeable since the trial began, but it disappeared immediately upon the state's prosecution to read Monday's third confession. The gravity that was pictured in her features remained until the witness. Mrs. Swift took the stand when it perceptibly gave way to anger.

Was Monday Under Oath.

The first thing that aroused the interest of the spectators at the morning session was the offer of the state to have Monday's confession read. The first witness called brought on the conflict. It was objected to by the defense, as it was claimed that Monday had been sworn [ere?] he made it.

T. C. Munger had lived five years in Lincoln: was it lawyer by profession; was a member of the coroner's jury and knew Monday McFarland; [hee?] was before the jury on the Monday after the death of Mr. Sheedy at about 4 p. m.: he made a statement before the jury; took him about half an hour. witness' recollection was that Monday was not sworn. Several circumstances occurred to indicate that he was not sworn. The witness was asked to relate Monday's confession made at that time.

The defense objected for the reason that this confession was made subsequent to other confessions which were made under duress, that it was not voluntary, that the person making the statement was under arrest at the time charged with the murder of John Sheedy and that the statement was made under oath.

In relation to the admissibility of a confession before a coroner's jury, the court asked counsel to submit authorities. and upwards of an hour and a half was devoted to the citation of decisions and the arguments. Mr. Stearns read a number of authorities to the effect that a defendant's statement made at a preliminary hearing or coroner's inquest. If made under oath, is 'not' admissible in evidence against him on the trial.

Mr. Shell cited a number of later decisions from the same states holding the reverse, and especially a decision to the effect that where two persons are charged jointly with a crime the admission of one of them before a coroner's jury, even though made under oath, is admissable in evidence.

Mr. Lambertson then gave the audience an earnest of what may be expected from him in the final argument of the case. He thought, in brief, that the ad[ra?]mistration of an oath. instead of ret[?]ring a confession incompetent, should make it more trustworthy.

Judge Weir, Mr. Philpott and Mr. Strode each spoke to the point at issue, and at the close the court announced that he would adhere to the rule established in the case of Warren Cough and would rules out the confession in case it could be proven that Monday was sworn at the time.

Myron F. Wheeler was called to the stand. He reported the confession before the coroner's jury. He said he had a regular mark of his own by which he indicated when a witness was sworn. He has that mark on his notes for Monday, indicating that he was sworn. He didn't remember the administering of the oath, but remembered everything else in connection with his appearance.

S. M. Melick said that Monday was not sworn on the start. but after he had said a few words someone called attention to the fact and he was sworn. That was his recollection; didn't think that the coroner nodded his head and went right along when attention was called to the fact that Monday was not sworn.

Deputy Sheriff A: C. Langdon was sworn and said he took the prisoner from the jail before the coroner's jury and thought he was sworn, but was not positive. When cross-examined witness said that he had no positive recollection about it; if he was sworn he was sworn before he commenced testifying.

Dr. Everett was called to identify as standard medical authorities "Agnew's Surgery" and "Taylor's Principles of Medical Jurisprudence," which were offered in evidence by the state.

THE STATE RESTS AT LAST

ON THE FIFTEENTH DAY OF THE TRIAL.

McFarland's Third Confession, Made at the Coroner's Inquest. Read to the Jury.

The Testimony of Mrs. Sheedy Before the Coroner is Also Read -- Mrs. P. H. Swift Proves an Interesting but Somewhat Unwilling Witness.

Incidental and Speculations.

In spite of the fact that on the previous evening the state had announced that it had but two more witnesses to introduce in the Sheedy trial.