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.

Dr. Holyoke, coroner, was sworn and testified that Monday was duly sworn prior to his confession; felt confident that he had sworn him: Monday was brought there in the capacity of a witness. Witness identified the subpoena, which was offered in evidence, and said he remembered distinctly having sworn him; remembered distinctly how he looked; he looked just as he did when he had made his confession on the preceding Sunday, perfectly cool and calm.

The attorneys for the state subjected him to a vigorous cross-examination, but he said he was absolutely positive that he had sworn Monday; remembered it because he was an interesting witness; if he was sworn it was before he had uttered one word of testimony; didn't remember that Monday was asked to stand aside, after he had begun testifying. to permit of the examination of Mr. Goldwater.

These facts which the witness did not remember had been sworn to by all of the other witnesses.

Deputy Sheriff Henry V. Hosgland said he was present when Monday testified and his recollection was that he was not sworn: remembered that some one spoke to the coroner after Monday commenced testifying, asking if Monday had been sworn, and know that he was not sworn after that. Witness didn't remember Monday having stood aside to permit Goldwater to testify and wasn't sure that he was not sworn at first.

Mrs. Sheedy's Testimony.

Before a decision was reached as to the admissibility of Monday's confession, Myron F. Wheeler was called by the state and testified that Mrs. Sheedy was before the coroner's jury on the 15th day of January and prior to her arrest. He had the notes of her testimony given at that time and the state offered them in evidence.

"This is the testimony, as I understand," said Mr. Strode. "which was given before she was charged with the crime?"

"Yes, sir." replied Mr. Snell.

"I don't believe well object, but I should like a copy of it first."

He did object, however, claiming that much of her testimony was irrelevant and immaterial. The court overruled the objection.

The reporter began reading the testimony wherein Mrs. Sheedy gave to the coroner's jury the details of her former marital relations. He maiden name was Mary Gabriele. Married Horace McCool about fifteen years ago and obtained a divorce from her about one year later. Her second husband was George A. Merrill. from whom she was divorced in two years, was married to John Sheedy nine years ago at New Orleans. She then went into detail in relating how Sheedy had long anticipated injury from his enemies, mentioning the man who was sent to the penitentiary for stabbing and several others, among them a man named Gleason, formerly of the Ivy Leaf establishment. She told how she had besought him to tell her of his troubles and enemies, which he had declined to do, and at times had denied that he had any. She said that she had been led by him for al long time prior to last winter to believe that he was not interested in any gambling ventures, probably to quiet her fears. and it was only upon the beginning of the legislative session that she had learned from him that he had a fourth interest in the establishment in the Quick block. She had endeavored to convince him that there was no necessity of his continuance in that business, but without avail.

She related in detail the events surrounding the assaults made upon him at his own door. On the evening when the fatal assault was committed she had gotten supper herself about 6 o'clock. Just before the assault was made he had said he would go down to the Capitol hotel a little while to find out whether or not "we had a governor yet." She was not well at the time and tried to persuade him not to go, but when he persisted she helped him don his overcoat. She thought to herself that if he went down town she would take some medicine and go to bed. She had, therefore, pulled down the window curtains. A little while before he went she opened the front door to let the dog out. The latter went out, but immediately returned, whining and scratched upon the door until she let him in again. She usually went out on the porch with her husband and sometimes walked a short distance with him, but she was unwell that night, and when he started out she started for the kitchen to prepare the medicine. She heard the door close behind him. Immediately afterwards she heard the shooting and ran out upon the porch screaming for assistance, and that her husband was shot. The girl was away from the house all that afternoon. Once that evening she had gone out after a pitcher of water, but had seen no one, On the day before the assault Sheedy had been in remarkably good spirits and young Dennis Sheedy had remarked that he had never seen his uncle feeling so well. She related conversations with her husband after the assault in which he had told her that his wounds were worse than the doctors thought they were, but when she asked him if he thought he was badly hurt he replied in the negative as if to quiet her fears. She had been cleaning his clothing when he asked her what she was doing. She replied that she was cleaning his garments, so that he might put them on in the morning when he went out. He replied that that he would not go out in the morning and asked her to turn down the light and get into bed. He told her that he thought his assailant was a tall man; not a big man, but a tall man. He had never talked much about his troubles to her. Lately when she had asked him to tell her who were the enemies he feared he had declined, and when she asked about Glenson he had said he was a dirty coward.

The reading of this testimony consumed over half an hour, and every word of it was eagerly absorbed by the attentive jury and audience.

The state depends upon it for corroboration of the darkey's confession as it tells of her having gone out after a pitcher of water and of the curtain being down. It will be remembered that the darkey tells of her having come out after a pitcher of water, and that she was to give the signal when Sheedy was coming by raising the curtain. The dog episode will also be used by the state as it will be claimed that the reason the canine did not bark when he wanted back into the house was because he knew Monday McFarland, whom he saw outside. The state will also avail itself of a voluntary statement on the part of Mrs. Sheedy to the effect that she was not in the room alone with her husband after the assault.

Taken as a whole the testimony sounded very favorable to the defendant and was certainly calculated in itself to win her friends, but the state claims valuable assistance from it to prove her guilt.

The Colonel Thought He Wasn't Sworn.

Colonel Robert McReynolds was then sworn and testified that Monday McFarland was not sworn when he testified before the coroner's jury. Witness remembered that something was done about Gold water at that time, but Monday did not give place to him, and no other business interrupted Monday's story; didn't remember anyone having asked the coroner whether or not Monday had been sworn. Witness had it in mind that Monday should not be sworn and any attempt to swear him would have challenged his' attention. Believed Coroner Holyoke had asked him about a month ago if he remembered whether or not Monday had been sworn. Didn't remember having been asked by Mr. Strode and replying that he was not sure about it; didn't see how he could make such a reply when he was sure that Monday had not been sworn.

Court them adjourned for the noon recess.

Afternoon Session.

Upon the reassembling of court the state put Mr. Snell, the county attorney, on the stand. It was apparently ladies' day in court. for the room was full. Witness said he was present at the coroner's inquest when Monday was brought in and according to his recollection Monday was not sworn.

Cross-examined the witess said that Walstrom was sworn, but couldn't say why one was sworn and not the other. He remembered the fact because some one asked the coroner whether or not McFarland had been sworn. The coroner nodded affirmatively, and the witness knew knew then that he had not been sworn. The coroner nodded affirmatively, and the witness knew knew then that he had not been sworn, but did not endeavor to correct the coroner. Witness did not then know that it made any difference. Would not say beyond the possibility of being mistaken that he was not sworn. but had a very strong conviction.

"Then you will not swear that he was not sworn, will you?" asked Colonel Philpott:

"Well, I--"

"Will you or will you not?"

"Your honor," chimed in Mr. Lambertsonm "the witness has answered the question, and--"

"What's the matter now?" roared Colonel Philpott, pounding the table emphatically. '

The court ruled that the witness had already answered the question.

"Does the court sustain the objection?" asked Colonel Philpott.

"The objection is sustained," said Judge Field.

"Give us an exception," triumphantly shouted Colonel Philpott.

Myron Wheeler was recalled and further examined as to whether or not Monday had been sworn, and he was then asked to explain what mark he used to indicate that a witness had been sworn.

The state then asked him to read Monday's third confession and the defense renewed their objections.

Colonel Philpott Answers His Own Questions.

Colonel Philpott then took the stand and, by asking himself his own questions, replied that he was first employed by Monday McFarland's wife to look after his case, explaining how he had been denied admission to his client and that Monday had been taken before the coroner without the knowledge of his attorney.

Cross-examinated, the witness said he had first [soon?] his client in the jail on Sunday morning: talked to him fifteen or twenty minutes: saw him again in fifteen or twenty minutes; saw him very frequently up to noon of that day; saw him three or four times that afternoon; believed either Mr. Strode or Mr. Stearns had also seen him: that was after his confession on Sunday: gave Monday some advice but not as to keeping his mouth shut; saw Monday last at 10 or 11 o'clock Sunday night and never saw him again until after he had been before the coroner's jury; didn't dream that such a thing would be done. He had arranged with Monday to secure Captain Billingsley to assist him.

The state admitted that Monday was confined in jail before he was taken before the coroner, charged with the murder.

Monday's Third Confession Read.

Mr. Wheeler took the stand again, the court having ruled that the confession should go to the jury, they to determine as to its competency as evidence, the state being allowed the privilege of subsequently showing that Monday had been arraigned and had pleaded not guilty on Monday morning just a short time prior to his confession before the coroner's jury.

At about this time Stenographer Wheeler was noticed to be sweating most "stertorously." The room was filled with ladies, and the prospect of reading that confession before them, with its many striking pecularities, could but be an appalling one for a modest man. But he had to do it. He moved his chair over near the jury and read the long confession in a low tone. It was in substance identical with the confession made in the marshal's office. which has been published in every detail.

It required little over half an hour to read the report, during which time the most impressive silence resigned, broken only by the low monotone of the reader's voice.

During the reading the fair defendant exhibited considerable restlessness and her eyes roamed listlessly from the floor to the jury, from the jury to the court and back again to the floor.

Mrs. Swift on the Stand

Mrs. P. H. Swift was sworn and said she had been acquainted with Mrs. Sheedy about two years this summer; frequently visited Mrs. Sheedy for four or five months prior to Sheedy's death; thought Mrs. Sheedy went to Buffalo in the latter part of July or first of August and returned in the fall; thought she went there for medical treatment, as she was in delicate health; saw her after she returned: had some conversation after she returned about her relations with Mr. Sheedy; she said her husband was very jealous of her; she didn't speak of him as if she liked him as well as most women like their husbands: she said it was because he was jealous of her and didn't want her to do as she wanted to in some things didn't even want her to have any lady friends; couldn't remember just what she said as to her feelings for him.

"Did you have any conversation with her wherein she said he had threatened to kill her?" asked Mr. Lambertson.

The defense objected to every question as leading and the court permitted

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Elegant line of Spring Wraps will be closed out very low. Inspect our great range of Summer Stuffs.

HERPOLSHEIMER & CO.

EXPOSITION DEPARTMENT STORES.

the attorneys for the state to make them leading, as she witness did not evince an inclination to answer anything unless directly interrogated.

"Yes, sir; she told me that he had threatened to kill her at one time; that was in November of last year."

"What did she say he threatened to kill her with?"

"With a revolver; that was after she returned from Buffalo; it was in the evening when she said it and Mr. Sheedy was not there. Thought Mrs. Sheedy said that the quarrel was about her relatives."

Witness said that when Mrs. Sheedy told her that her husband was going to shoot her witness laughed and told her that she had heard it was because she had given her ring away and told her husband that she had lost it. To which Mrs. Sheedy replied that that was not what the trouble was about; that it was about her relatives.

At another time Mrs. Sheedy had told her that she was very unhappy and had the blues awful bad, because Mr. Sheedy was so jealous of her that she couldn't enjoy herself at all. Witness had once said:

"Mrs. Sheedy, you ought to be happy; you have everything that heart can wish for, and are so, much more comfortably situated than many others."

"Mrs. Swift, give me a workingman any day to live with in preference to the man I live with," was Mrs. Sheedy's reply.

"She always held out to me that she would give anything for a child. Two or three months after she returned from Buffalo she told me she was in a delicate condition, but didn't intend to have a child. Sometime afterwards told me she was all right; that she had used something herself and was all right; that she did this because her husband was mean to her at that time. Mrs. Sheedy once told me that she had fixed to leave him: that was about the 1st of November, after she had returned from Buffalo."

Mr. Lambertson endeavored to draw her out upon a visit at the Sheedy residence one afternoon. She said that she had been met at the door by the servant girl, who did not invite her in. She inquired if Mrs. Sheedy was a home and the girl replied affirmatively. She asked if she might see her. The girl soon informed her that she might. When she went in Mrs. Sheedy came out of the bed room in a few minutes. In a little while she excused herself and went back into the bed room.

"Did you see anybody else in the bed room?"

"No, sir."

"Could you see into the bed room?"

"No, sir."

"What was Mrs. Sheedy's condition? Was she sober?"

"I can't say but what she was. I don't remember that she was not."

"Did you hear any noise in the bed room at that time?"

"I can't say that I did."

During this portion of the examination the audience were, strongly suspicious that there was a "*** in the woodpile," which latter in this instance was the bedroom, but the witness was too reluctant, and if he was in there the state didn't get him out."

Was at the Sheedy residence on the day after the assault and Mrs. Sheedy had told her at 11 o'clock a. m. that the doctor had said that her husband couldn't live; witness had offered to assist, but Mrs. Sheedy thanked her kindly and said that there was, nothing that could be done. Witness had suggested remedies to revive him, but Mrs. Sheedy had said it was useless.

In the cross-examination the defense endeavored to show that the attorneys for the state had been to see her to ascertain what they could prove by her, but she said no on had ever been to see her, and the first time she knew that she was to be a witness was when she was served with a subpoena.

In return for this little investigation the state brought ought the fact that Mr. Strode had had a conversation with the witness to which he had said: " I thought you were a friend of Mrs. Sheedy's." He had also told her that he thought her testimony would go farther toward the conviction of Mrs. Sheedy than any other that had been brought out. Mr. Strode volunteered the remark that the witness was correct. She said he had also remarked that if he had known what she knew about the case he would have been to see her.

In this instance, as all during the case, the attorneys evinced a zealous ambition to show that the opposing counsel had been tampering with the witnesses, and when Mr. Hall, during the early part of the examination of this witness, indulged in some remarks directed toward Mr. Strode, the latter, in a passionate manner, protested against the insinuation that he had been tampering with the witness and hurled it back at Mr. Hall as an insult. The court quietly advised less clamor among the attorneys and more attention to business.

The witness was subjected to a vigorous cross-examination, in the course of which it was the endeavor of the defense to make it appear by her own testimony that the witness had frequently met Sheedy at his house during his wife's absence in Buffalo and her replies to Mr. Strode made it look extremely bad for her until Mr. Lambertson gave her a chance to explain that she visited Mrs. Dean. Mrs. Sheedy's sister, who was at the house, and was never there except when Mrs. Dean was present. Mr. Strode also asked the witness if she did not receive a Christmas present from Mr. Sheedy, and she replied in the negative. Then she was asked if she had not been given a present of three pairs of silk stockings by Mrs. Sheedy, and replied that she had, but didn't know that they came from Mr. Sheedy, and would not have taken them if she had.

Upon the cross-examination Mrs. Swift also stated that she had never seen anything other than what she had related in the relations of Mr. and Mrs. Sheedy to indicate that they were not happy. She denied that when Mrs. Sheedy had told her of her desire to keep from becoming a mother there was any community of interests in their conversation.

She had frequently drank wine or beer at the Sheedy House with Mrs. Sheedy.

During Mrs. Swifts's examination and cross examination Mrs. Sheedy moved up close to Mr. Strode and kept up a constant whispering. She it was, evidently, who inspired the imputations against the winter, as, in spite of Mrs. Swift's stubborn refusal to tell anything that was not positively drawn out by main force of the direct questions put, Mrs. Sheedy glared at her in a manner that attracted the attention of everyone.

After Mrs. Swift had left the chair she was recalled and testified that soon after the shot was fired that night of the first assault she had a conversation with Mrs. Sheedy in which the letter said:

"You see, Mrs. Swift, some one is after him and determined to kill him, and they'll get him yet."

At that time she also said she had the blues and was impressed with a presentiment that something was going to happen to him, and inquired if Mrs. Swift believed in presentiments, where upon witness replied that she did.

The attempt of the defense to impute to her undue familiarity with Sheedy had aroused her mettle, and it is probable that has the state sought to question her further, it would not have been so difficult to induce her to tell what she knew of the Sheedy family.

The Closing Odds and Ends.

Mr. Hall then offered in evidence and inventory of the Sheedy estate, showing it to be valued at $57, 483.23. It was put in evidence.

Mr. Hall then said that this closed the evidence on the part of the estate, but that he desired to make a statement concerning the analysis. He related how the first chemical analysis by Professor Vaughn of Ann Arbor had revealed no poison in the stomach and how the second by Professor Haines of Ruth medical college had failed to reveal the presence of poison in the bladder. He thought it fair to the defense to make this statement, but the state still contended that morphine had been administered and had passed out of the system.

A number of standard works of medical authorities were introduced but the state and Mr. Lambertson declared that this closed the case for the prosecution.

Judge Field stated that the defense could go ahead then or wait until morning as suited it. The latter was the wish of the defense and court adjourned at 5 p. m. until 9 a. m. to-day.

The attorneys for the defense had not decided last evening whether or not Mrs. Sheedy will be put on the stand. It is said she wants to testify, but there is a difference of opinion among her counsel as to the ad visibility of subjecting her to the cross-examination which the state has in store for her.

Order Ice at the Lincoln Ice company 1040 O street, Telephone 225.

Hathaway Soule & Harrington's cordovan for men's wear, $4.25. Yates special sale, 1129 O street.

Gentlemen can find Banister's calf shoes at $4. Yates special sale, 1129 O street.

The ladies of the Vine street Congressional church will serve strawberries and ice cream at the church on Friday evening at 8 o'clock.

ENJOYMENT AT CUSHMAN.

The Park Taken Possession of by Jerpolaheimer & Co.

Cushman park was turned over yesterday to the tender care of Herpolsheimer & Co. who had invited their friends and patrons to join them in their annual outing. A large number went out in the morning and passed the moon hour by joining a basket dinner. During the afternoon the merry crowd of picnickers was swelled in numbers by the arrival of several hundred people.

Dancing, boatriding, swinging, promenading and defining in hammocks contributed to the pleasure of the occasion until 7 o'clock when Professor Wellington and his air ship were the center of attraction. As promised he made one of the most beautiful ballon assentions ever witnessed. The ballon after being inflated shot upward with the daring aeronaut danging to it by a mere piece of cloth. Owing to a downward current of air the balloon did not rise high enough for him to make the parachute leap until it had passed out of sight.

At 9 o'clock the pavilion was lighted up and to the delightful strains of Hagenow's orchestra the young people spent the evening dancing. The last train carried into the city several coach loads of people who will remember this annual outing as one of the most successful yet given.

MILK.

If you want a new milkman telephone Prter, No 630, 1107 N street.

FRESH FISH.

All kinds constantly on hand at A. Booth Packing company, 1025 P street.

Steamship tickets at 133 O street.

GEOLOGISTS HAVE DECIDED the earth's crust to be over 100 miles thick. This is about the thickness of the man's head who buys his railroad tickets by home inferior and poorly equipped line when he could get a ticket by the "Burlington" at the same rate.

SWEET INNOCENCE.

SALEM, MASS, May 20. --A fourteen-year-old girl, Rosie Duce, is under arrest for attempting to set fire to the Naumkeagmill No. 1 last night. She says that she thought if she could turn the mill she would not have to work.

SECRETARY KENTS SALARY

FINALLY FIXED AT $500 BY THE SCHOOL BOARD.

A Stormy Session of the Board of Education, at Which Some Pleasant Personalities Were Indulged to.

Rent Don't Appear to Be In It.

That, was a decidedly tempestuous meeting of the board of education that was held Superintendent Jones' rooms last night. President Greenlee presided and all members of the board were present. After the regular routine of business was disposed of President Greenlee announced the following standing committees:

Finance and Claims--Wickersham, Kent, Miss Elliott.

Teacher's Examinations and Salaries-- Miss Elliott. Jones. Greenlee.

Building and Sites--Jones, Wickersham, Goodell.

Text Books and Course of Study--Mrs. Upton, Greenlee, Dales.

Furniture and Supplies--Kent, Miss Elliott, Wickersham.

Sanitary Affairs and Janitors--Goodell, Dales, Edson.

High School and Library--Greenlee, Mrs. Upton, Jones.

Repairs and Care of Grounds--Edson, Goodell and Mrs. Upton.

Rules, Regulations and Printing--Dales, Edson, Kent

The harmony that had characterized the proceedings up to this stage vanished like dew drops in the sun when Wickersham moved that the board preceed to fix salary of the secretary for the ensuing year by ballot. The roll was called and the motion was lost. Greenlee, Edson, Dales, Miss Elliott, Mrs. Upton, Kent and Wickersham voting no and Jones and Goodell aye.

On motion of the Jones the duties of the secretary were fixed in accordance with the rules laid down in the statues, Greenlee, Goodell, Jones, Miss Elliott and Dales voting in the affirmative and Kent Edson, Mrs. Upton and Wickersham in the negative.

After the vote was announced Secretary Kent arose and became very personal in his remarks in reference to Mr. Jones, asserting that the action of that gentleman in making the above mention was very gentlemanly. Colonel Kent became so pointed in his remarks that he was mildly called down by the president. Edson, who appears to be very partial to kent, the arose and acensed certain members of the board with voting against Kent. Mr. Edson, having given vent to his feelings, sat down. He across again, however, and moved that Secretary Kent's salary be fixed at $1,000 per year. The motion was lost, the vote standing: Ayes--Edson, kent, Wickersham. Noes--Greenlee, Goodell, Jones, Dales, Miss Elliott and Mrs. Upton.

Kent again took the floor and said that last year when the secretary's salary was $125 per mouth. Greenlee and every other member of the old board who were opposing him were very much in favor of the figure then. It appears, he said that every technicality came takon advantage of to keep the salary down because it was Kent.

Goodell moved that the salary be fixed at $55 per month. The motion was lost. Greenlee, Dales, Edson, Kent, Mrs. Upton and Wickersham voting up, and Jones and Miss Elliott voting aye.

Greenlee then moved that the secretary's salary be fixed at $[30?] per month. The motion was lost also. Greenlee, Elliott, Goodell and Jones voting aye and Edson, Kent, Wickersham, Mrs. Upton, and Dales voting no.

Edson next moved that the salary he made $50 per month, but this motion was also relegated to the shades of oblivion, all voting no except Edson and Kent.

On motion of Jones the salary of Secretray Kent was fixed at $500 per year. The roll was called and the vote stood: Ayes--Jones, Greenlee, Wickersham, Edson, Dales; noes-- Kent, Mrs. Upton, Miss Elliot, Goodell.

Having settled the troublesome question the board resumed business. W. A. Hackney was elected census [enomorator?] fo the schools at a compensation of 2 cents per head.

The board the adjourned.

HAPPILY WEDDED.

Marriage of Mr. Thomas D. Thrash and Mrs. Helen A. Leslie.

The ceremony that joined the lives and united the fortunes of Mr. Thomas D. Thrash and Mrs. Helen A. Leslie, was performed by Elder Howe at his residence at * o'clock last night in the presence of a few select friends of the happy couple. The groom has been a resident of Lincoln for about five years and is a representative position in THE [?] news room. The bride is well known in Lincoln and is a lady of science and education. The congratulations of a host of friends and acquaintances of the happy couple are expected. After a visit to Denver Mr. and Mrs. Thrash will make Lincoln their future home.

Steamship tickets a 1132 O street.

There will be a strawberry and ice cream festival held at the Baptist church corner of Fourteenth and K streets by the young people's local union of the First Baptist church this evening. Strawberries and ice cream, 15 cents.

Children Cry for Pitcher's Castoria.

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.

Dr. Holyoke, coroner, was sworn and testified that Monday was duly sworn prior to his confession; felt confident that he had sworn him: Monday was brought there in the capacity of a witness. Witness identified the subpoena, which was offered in evidence, and said he remembered distinctly having sworn him; remembered distinctly how he looked; he looked just as he did when he had made his confession on the preceding Sunday, perfectly cool and calm.

The attorneys for the state subjected him to a vigorous cross-examination, but he said he was absolutely positive that he had sworn Monday; remembered it because he was an interesting witness; if he was sworn it was before he had uttered one word of testimony; didn't remember that Monday was asked to stand aside, after he had begun testifying. to permit of the examination of Mr. Goldwater.

These facts which the witness did not remember had been sworn to by all of the other witnesses.

Deputy Sheriff Henry V. Hosgland said he was present when Monday testified and his recollection was that he was not sworn: remembered that some one spoke to the coroner after Monday commenced testifying, asking if Monday had been sworn, and know that he was not sworn after that. Witness didn't remember Monday having stood aside to permit Goldwater to testify and wasn't sure that he was not sworn at first.

Mrs. Sheedy's Testimony.

Before a decision was reached as to the admissibility of Monday's confession, Myron F. Wheeler was called by the state and testified that Mrs. Sheedy was before the coroner's jury on the 15th day of January and prior to her arrest. He had the notes of her testimony given at that time and the state offered them in evidence.

"This is the testimony, as I understand," said Mr. Strode. "which was given before she was charged with the crime?"

"Yes, sir." replied Mr. Snell.

"I don't believe well object, but I should like a copy of it first."

He did object, however, claiming that much of her testimony was irrelevant and immaterial. The court overruled the objection.

The reporter began reading the testimony wherein Mrs. Sheedy gave to the coroner's jury the details of her former marital relations. He maiden name was Mary Gabriele. Married Horace McCool about fifteen years ago and obtained a divorce from her about one year later. Her second husband was George A. Merrill. from whom she was divorced in two years, was married to John Sheedy nine years ago at New Orleans. She then went into detail in relating how Sheedy had long anticipated injury from his enemies, mentioning the man who was sent to the penitentiary for stabbing and several others, among them a man named Gleason, formerly of the Ivy Leaf establishment. She told how she had besought him to tell her of his troubles and enemies, which he had declined to do, and at times had denied that he had any. She said that she had been led by him for al long time prior to last winter to believe that he was not interested in any gambling ventures, probably to quiet her fears. and it was only upon the beginning of the legislative session that she had learned from him that he had a fourth interest in the establishment in the Quick block. She had endeavored to convince him that there was no necessity of his continuance in that business, but without avail.

She related in detail the events surrounding the assaults made upon him at his own door. On the evening when the fatal assault was committed she had gotten supper herself about 6 o'clock. Just before the assault was made he had said he would go down to the Capitol hotel a little while to find out whether or not "we had a governor yet." She was not well at the time and tried to persuade him not to go, but when he persisted she helped him don his overcoat. She thought to herself that if he went down town she would take some medicine and go to bed. She had, therefore, pulled down the window curtains. A little while before he went she opened the front door to let the dog out. The latter went out, but immediately returned, whining and scratched upon the door until she let him in again. She usually went out on the porch with her husband and sometimes walked a short distance with him, but she was unwell that night, and when he started out she started for the kitchen to prepare the medicine. She heard the door close behind him. Immediately afterwards she heard the shooting and ran out upon the porch screaming for assistance, and that her husband was shot. The girl was away from the house all that afternoon. Once that evening she had gone out after a pitcher of water, but had seen no one, On the day before the assault Sheedy had been in remarkably good spirits and young Dennis Sheedy had remarked that he had never seen his uncle feeling so well. She related conversations with her husband after the assault in which he had told her that his wounds were worse than the doctors thought they were, but when she asked him if he thought he was badly hurt he replied in the negative as if to quiet her fears. She had been cleaning his clothing when he asked her what she was doing. She replied that she was cleaning his garments, so that he might put them on in the morning when he went out. He replied that that he would not go out in the morning and asked her to turn down the light and get into bed. He told her that he thought his assailant was a tall man; not a big man, but a tall man. He had never talked much about his troubles to her. Lately when she had asked him to tell her who were the enemies he feared he had declined, and when she asked about Glenson he had said he was a dirty coward.

The reading of this testimony consumed over half an hour, and every word of it was eagerly absorbed by the attentive jury and audience.

The state depends upon it for corroboration of the darkey's confession as it tells of her having gone out after a pitcher of water and of the curtain being down. It will be remembered that the darkey tells of her having come out after a pitcher of water, and that she was to give the signal when Sheedy was coming by raising the curtain. The dog episode will also be used by the state as it will be claimed that the reason the canine did not bark when he wanted back into the house was because he knew Monday McFarland, whom he saw outside. The state will also avail itself of a voluntary statement on the part of Mrs. Sheedy to the effect that she was not in the room alone with her husband after the assault.

Taken as a whole the testimony sounded very favorable to the defendant and was certainly calculated in itself to win her friends, but the state claims valuable assistance from it to prove her guilt.

The Colonel Thought He Wasn't Sworn.

Colonel Robert McReynolds was then sworn and testified that Monday McFarland was not sworn when he testified before the coroner's jury. Witness remembered that something was done about Gold water at that time, but Monday did not give place to him, and no other business interrupted Monday's story; didn't remember anyone having asked the coroner whether or not Monday had been sworn. Witness had it in mind that Monday should not be sworn and any attempt to swear him would have challenged his' attention. Believed Coroner Holyoke had asked him about a month ago if he remembered whether or not Monday had been sworn. Didn't remember having been asked by Mr. Strode and replying that he was not sure about it; didn't see how he could make such a reply when he was sure that Monday had not been sworn.

Court them adjourned for the noon recess.

Afternoon Session.

Upon the reassembling of court the state put Mr. Snell, the county attorney, on the stand. It was apparently ladies' day in court. for the room was full. Witness said he was present at the coroner's inquest when Monday was brought in and according to his recollection Monday was not sworn.

Cross-examined the witess said that Walstrom was sworn, but couldn't say why one was sworn and not the other. He remembered the fact because some one asked the coroner whether or not McFarland had been sworn. The coroner nodded affirmatively, and the witness knew knew then that he had not been sworn. The coroner nodded affirmatively, and the witness knew knew then that he had not been sworn, but did not endeavor to correct the coroner. Witness did not then know that it made any difference. Would not say beyond the possibility of being mistaken that he was not sworn. but had a very strong conviction.

"Then you will not swear that he was not sworn, will you?" asked Colonel Philpott:

"Well, I--"

"Will you or will you not?"

"Your honor," chimed in Mr. Lambertsonm "the witness has answered the question, and--"

"What's the matter now?" roared Colonel Philpott, pounding the table emphatically. '

The court ruled that the witness had already answered the question.

"Does the court sustain the objection?" asked Colonel Philpott.

"The objection is sustained," said Judge Field.

"Give us an exception," triumphantly shouted Colonel Philpott.

Myron Wheeler was recalled and further examined as to whether or not Monday had been sworn, and he was then asked to explain what mark he used to indicate that a witness had been sworn.

The state then asked him to read Monday's third confession and the defense renewed their objections.

Colonel Philpott Answers His Own Questions.

Colonel Philpott then took the stand and, by asking himself his own questions, replied that he was first employed by Monday McFarland's wife to look after his case, explaining how he had been denied admission to his client and that Monday had been taken before the coroner without the knowledge of his attorney.

Cross-examinated, the witness said he had first [soon?] his client in the jail on Sunday morning: talked to him fifteen or twenty minutes: saw him again in fifteen or twenty minutes; saw him very frequently up to noon of that day; saw him three or four times that afternoon; believed either Mr. Strode or Mr. Stearns had also seen him: that was after his confession on Sunday: gave Monday some advice but not as to keeping his mouth shut; saw Monday last at 10 or 11 o'clock Sunday night and never saw him again until after he had been before the coroner's jury; didn't dream that such a thing would be done. He had arranged with Monday to secure Captain Billingsley to assist him.

The state admitted that Monday was confined in jail before he was taken before the coroner, charged with the murder.

Monday's Third Confession Read.

Mr. Wheeler took the stand again, the court having ruled that the confession should go to the jury, they to determine as to its competency as evidence, the state being allowed the privilege of subsequently showing that Monday had been arraigned and had pleaded not guilty on Monday morning just a short time prior to his confession before the coroner's jury.

At about this time Stenographer Wheeler was noticed to be sweating most "stertorously." The room was filled with ladies, and the prospect of reading that confession before them, with its many striking pecularities, could but be an appalling one for a modest man. But he had to do it. He moved his chair over near the jury and read the long confession in a low tone. It was in substance identical with the confession made in the marshal's office. which has been published in every detail.

It required little over half an hour to read the report, during which time the most impressive silence resigned, broken only by the low monotone of the reader's voice.

During the reading the fair defendant exhibited considerable restlessness and her eyes roamed listlessly from the floor to the jury, from the jury to the court and back again to the floor.

Mrs. Swift on the Stand

Mrs. P. H. Swift was sworn and said she had been acquainted with Mrs. Sheedy about two years this summer; frequently visited Mrs. Sheedy for four or five months prior to Sheedy's death; thought Mrs. Sheedy went to Buffalo in the latter part of July or first of August and returned in the fall; thought she went there for medical treatment, as she was in delicate health; saw her after she returned: had some conversation after she returned about her relations with Mr. Sheedy; she said her husband was very jealous of her; she didn't speak of him as if she liked him as well as most women like their husbands: she said it was because he was jealous of her and didn't want her to do as she wanted to in some things didn't even want her to have any lady friends; couldn't remember just what she said as to her feelings for him.

"Did you have any conversation with her wherein she said he had threatened to kill her?" asked Mr. Lambertson.

The defense objected to every question as leading and the court permitted

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EXPOSITION DEPARTMENT STORES.

the attorneys for the state to make them leading, as she witness did not evince an inclination to answer anything unless directly interrogated.

"Yes, sir; she told me that he had threatened to kill her at one time; that was in November of last year."

"What did she say he threatened to kill her with?"

"With a revolver; that was after she returned from Buffalo; it was in the evening when she said it and Mr. Sheedy was not there. Thought Mrs. Sheedy said that the quarrel was about her relatives."

Witness said that when Mrs. Sheedy told her that her husband was going to shoot her witness laughed and told her that she had heard it was because she had given her ring away and told her husband that she had lost it. To which Mrs. Sheedy replied that that was not what the trouble was about; that it was about her relatives.

At another time Mrs. Sheedy had told her that she was very unhappy and had the blues awful bad, because Mr. Sheedy was so jealous of her that she couldn't enjoy herself at all. Witness had once said:

"Mrs. Sheedy, you ought to be happy; you have everything that heart can wish for, and are so, much more comfortably situated than many others."

"Mrs. Swift, give me a workingman any day to live with in preference to the man I live with," was Mrs. Sheedy's reply.

"She always held out to me that she would give anything for a child. Two or three months after she returned from Buffalo she told me she was in a delicate condition, but didn't intend to have a child. Sometime afterwards told me she was all right; that she had used something herself and was all right; that she did this because her husband was mean to her at that time. Mrs. Sheedy once told me that she had fixed to leave him: that was about the 1st of November, after she had returned from Buffalo."

Mr. Lambertson endeavored to draw her out upon a visit at the Sheedy residence one afternoon. She said that she had been met at the door by the servant girl, who did not invite her in. She inquired if Mrs. Sheedy was a home and the girl replied affirmatively. She asked if she might see her. The girl soon informed her that she might. When she went in Mrs. Sheedy came out of the bed room in a few minutes. In a little while she excused herself and went back into the bed room.

"Did you see anybody else in the bed room?"

"No, sir."

"Could you see into the bed room?"

"No, sir."

"What was Mrs. Sheedy's condition? Was she sober?"

"I can't say but what she was. I don't remember that she was not."

"Did you hear any noise in the bed room at that time?"

"I can't say that I did."

During this portion of the examination the audience were, strongly suspicious that there was a "*** in the woodpile," which latter in this instance was the bedroom, but the witness was too reluctant, and if he was in there the state didn't get him out."

Was at the Sheedy residence on the day after the assault and Mrs. Sheedy had told her at 11 o'clock a. m. that the doctor had said that her husband couldn't live; witness had offered to assist, but Mrs. Sheedy thanked her kindly and said that there was, nothing that could be done. Witness had suggested remedies to revive him, but Mrs. Sheedy had said it was useless.

In the cross-examination the defense endeavored to show that the attorneys for the state had been to see her to ascertain what they could prove by her, but she said no on had ever been to see her, and the first time she knew that she was to be a witness was when she was served with a subpoena.

In return for this little investigation the state brought ought the fact that Mr. Strode had had a conversation with the witness to which he had said: " I thought you were a friend of Mrs. Sheedy's." He had also told her that he thought her testimony would go farther toward the conviction of Mrs. Sheedy than any other that had been brought out. Mr. Strode volunteered the remark that the witness was correct. She said he had also remarked that if he had known what she knew about the case he would have been to see her.

In this instance, as all during the case, the attorneys evinced a zealous ambition to show that the opposing counsel had been tampering with the witnesses, and when Mr. Hall, during the early part of the examination of this witness, indulged in some remarks directed toward Mr. Strode, the latter, in a passionate manner, protested against the insinuation that he had been tampering with the witness and hurled it back at Mr. Hall as an insult. The court quietly advised less clamor among the attorneys and more attention to business.

The witness was subjected to a vigorous cross-examination, in the course of which it was the endeavor of the defense to make it appear by her own testimony that the witness had frequently met Sheedy at his house during his wife's absence in Buffalo and her replies to Mr. Strode made it look extremely bad for her until Mr. Lambertson gave her a chance to explain that she visited Mrs. Dean. Mrs. Sheedy's sister, who was at the house, and was never there except when Mrs. Dean was present. Mr. Strode also asked the witness if she did not receive a Christmas present from Mr. Sheedy, and she replied in the negative. Then she was asked if she had not been given a present of three pairs of silk stockings by Mrs. Sheedy, and replied that she had, but didn't know that they came from Mr. Sheedy, and would not have taken them if she had.

Upon the cross-examination Mrs. Swift also stated that she had never seen anything other than what she had related in the relations of Mr. and Mrs. Sheedy to indicate that they were not happy. She denied that when Mrs. Sheedy had told her of her desire to keep from becoming a mother there was any community of interests in their conversation.

She had frequently drank wine or beer at the Sheedy House with Mrs. Sheedy.

During Mrs. Swifts's examination and cross examination Mrs. Sheedy moved up close to Mr. Strode and kept up a constant whispering. She it was, evidently, who inspired the imputations against the winter, as, in spite of Mrs. Swift's stubborn refusal to tell anything that was not positively drawn out by main force of the direct questions put, Mrs. Sheedy glared at her in a manner that attracted the attention of everyone.

After Mrs. Swift had left the chair she was recalled and testified that soon after the shot was fired that night of the first assault she had a conversation with Mrs. Sheedy in which the letter said:

"You see, Mrs. Swift, some one is after him and determined to kill him, and they'll get him yet."

At that time she also said she had the blues and was impressed with a presentiment that something was going to happen to him, and inquired if Mrs. Swift believed in presentiments, where upon witness replied that she did.

The attempt of the defense to impute to her undue familiarity with Sheedy had aroused her mettle, and it is probable that has the state sought to question her further, it would not have been so difficult to induce her to tell what she knew of the Sheedy family.

The Closing Odds and Ends.

Mr. Hall then offered in evidence and inventory of the Sheedy estate, showing it to be valued at $57, 483.23. It was put in evidence.

Mr. Hall then said that this closed the evidence on the part of the estate, but that he desired to make a statement concerning the analysis. He related how the first chemical analysis by Professor Vaughn of Ann Arbor had revealed no poison in the stomach and how the second by Professor Haines of Ruth medical college had failed to reveal the presence of poison in the bladder. He thought it fair to the defense to make this statement, but the state still contended that morphine had been administered and had passed out of the system.

A number of standard works of medical authorities were introduced but the state and Mr. Lambertson declared that this closed the case for the prosecution.

Judge Field stated that the defense could go ahead then or wait until morning as suited it. The latter was the wish of the defense and court adjourned at 5 p. m. until 9 a. m. to-day.

The attorneys for the defense had not decided last evening whether or not Mrs. Sheedy will be put on the stand. It is said she wants to testify, but there is a difference of opinion among her counsel as to the ad visibility of subjecting her to the cross-examination which the state has in store for her.

Order Ice at the Lincoln Ice company 1040 O street, Telephone 225.

Hathaway Soule & Harrington's cordovan for men's wear, $4.25. Yates special sale, 1129 O street.

Gentlemen can find Banister's calf shoes at $4. Yates special sale, 1129 O street.

The ladies of the Vine street Congressional church will serve strawberries and ice cream at the church on Friday evening at 8 o'clock.

ENJOYMENT AT CUSHMAN.

The Park Taken Possession of by Jerpolaheimer & Co.

Cushman park was turned over yesterday to the tender care of Herpolsheimer & Co. who had invited their friends and patrons to join them in their annual outing. A large number went out in the morning and passed the moon hour by joining a basket dinner. During the afternoon the merry crowd of picnickers was swelled in numbers by the arrival of several hundred people.

Dancing, boatriding, swinging, promenading and defining in hammocks contributed to the pleasure of the occasion until 7 o'clock when Professor Wellington and his air ship were the center of attraction. As promised he made one of the most beautiful ballon assentions ever witnessed. The ballon after being inflated shot upward with the daring aeronaut danging to it by a mere piece of cloth. Owing to a downward current of air the balloon did not rise high enough for him to make the parachute leap until it had passed out of sight.

At 9 o'clock the pavilion was lighted up and to the delightful strains of Hagenow's orchestra the young people spent the evening dancing. The last train carried into the city several coach loads of people who will remember this annual outing as one of the most successful yet given.

MILK.

If you want a new milkman telephone Prter, No 630, 1107 N street.

FRESH FISH.

All kinds constantly on hand at A. Booth Packing company, 1025 P street.

Steamship tickets at 133 O street.

GEOLOGISTS HAVE DECIDED the earth's crust to be over 100 miles thick. This is about the thickness of the man's head who buys his railroad tickets by home inferior and poorly equipped line when he could get a ticket by the "Burlington" at the same rate.

SWEET INNOCENCE.

SALEM, MASS, May 20. --A fourteen-year-old girl, Rosie Duce, is under arrest for attempting to set fire to the Naumkeagmill No. 1 last night. She says that she thought if she could turn the mill she would not have to work.

SECRETARY KENTS SALARY

FINALLY FIXED AT $500 BY THE SCHOOL BOARD.

A Stormy Session of the Board of Education, at Which Some Pleasant Personalities Were Indulged to.

Rent Don't Appear to Be In It.

That, was a decidedly tempestuous meeting of the board of education that was held Superintendent Jones' rooms last night. President Greenlee presided and all members of the board were present. After the regular routine of business was disposed of President Greenlee announced the following standing committees:

Finance and Claims--Wickersham, Kent, Miss Elliott.

Teacher's Examinations and Salaries-- Miss Elliott. Jones. Greenlee.

Building and Sites--Jones, Wickersham, Goodell.

Text Books and Course of Study--Mrs. Upton, Greenlee, Dales.

Furniture and Supplies--Kent, Miss Elliott, Wickersham.

Sanitary Affairs and Janitors--Goodell, Dales, Edson.

High School and Library--Greenlee, Mrs. Upton, Jones.

Repairs and Care of Grounds--Edson, Goodell and Mrs. Upton.

Rules, Regulations and Printing--Dales, Edson, Kent

The harmony that had characterized the proceedings up to this stage vanished like dew drops in the sun when Wickersham moved that the board preceed to fix salary of the secretary for the ensuing year by ballot. The roll was called and the motion was lost. Greenlee, Edson, Dales, Miss Elliott, Mrs. Upton, Kent and Wickersham voting no and Jones and Goodell aye.

On motion of the Jones the duties of the secretary were fixed in accordance with the rules laid down in the statues, Greenlee, Goodell, Jones, Miss Elliott and Dales voting in the affirmative and Kent Edson, Mrs. Upton and Wickersham in the negative.

After the vote was announced Secretary Kent arose and became very personal in his remarks in reference to Mr. Jones, asserting that the action of that gentleman in making the above mention was very gentlemanly. Colonel Kent became so pointed in his remarks that he was mildly called down by the president. Edson, who appears to be very partial to kent, the arose and acensed certain members of the board with voting against Kent. Mr. Edson, having given vent to his feelings, sat down. He across again, however, and moved that Secretary Kent's salary be fixed at $1,000 per year. The motion was lost, the vote standing: Ayes--Edson, kent, Wickersham. Noes--Greenlee, Goodell, Jones, Dales, Miss Elliott and Mrs. Upton.

Kent again took the floor and said that last year when the secretary's salary was $125 per mouth. Greenlee and every other member of the old board who were opposing him were very much in favor of the figure then. It appears, he said that every technicality came takon advantage of to keep the salary down because it was Kent.

Goodell moved that the salary be fixed at $55 per month. The motion was lost. Greenlee, Dales, Edson, Kent, Mrs. Upton and Wickersham voting up, and Jones and Miss Elliott voting aye.

Greenlee then moved that the secretary's salary be fixed at $[30?] per month. The motion was lost also. Greenlee, Elliott, Goodell and Jones voting aye and Edson, Kent, Wickersham, Mrs. Upton, and Dales voting no.

Edson next moved that the salary he made $50 per month, but this motion was also relegated to the shades of oblivion, all voting no except Edson and Kent.

On motion of Jones the salary of Secretray Kent was fixed at $500 per year. The roll was called and the vote stood: Ayes--Jones, Greenlee, Wickersham, Edson, Dales; noes-- Kent, Mrs. Upton, Miss Elliot, Goodell.

Having settled the troublesome question the board resumed business. W. A. Hackney was elected census [enomorator?] fo the schools at a compensation of 2 cents per head.

The board the adjourned.

HAPPILY WEDDED.

Marriage of Mr. Thomas D. Thrash and Mrs. Helen A. Leslie.

The ceremony that joined the lives and united the fortunes of Mr. Thomas D. Thrash and Mrs. Helen A. Leslie, was performed by Elder Howe at his residence at * o'clock last night in the presence of a few select friends of the happy couple. The groom has been a resident of Lincoln for about five years and is a representative position in THE [?] news room. The bride is well known in Lincoln and is a lady of science and education. The congratulations of a host of friends and acquaintances of the happy couple are expected. After a visit to Denver Mr. and Mrs. Thrash will make Lincoln their future home.

Steamship tickets a 1132 O street.

Ther will be a strawberry and ice cream festival held at the Baptist church corner of Fourteenth and K streets by the young people's local union of the First Baptist church this evening. Strawberries and ice cream, 15 cents.

Children Cry for Pitcher's Castoria.

NOT COMPLETE 5/22/20