30

THE CASE OF THE DEFENSE

IT RESTED AT 4 P. M. YESTERDAY.

A Defiant Witness Arenses the Threatening Determination of Judge Field.

L. C. Burr and Hymen Goldwater Pitted in a Contest of Veracity--The State's Rebuttal Apparently Effective--Gleason's Alibi

Testimony Will Close This Morning.

There was but a very small crowd indeed present when court opened yesterday morning in the Sheedy case, but it swelled perceptibly each time the doors were thrown open between the examinations, and by the noon hour the usual multitude was indulging in a neck-craning and car straining contest to catch the import of every syllable uttered. The afternoon session brought out still a larger crowd. They had brought their risibilities with them and several incidents occurred to tickle them immoderately, so that the bailiff's gavel was not solely an ornament at all times. It may not be just exactly appropriate for one to laugh at an incident occurring in so solemn a situation as the precincts of a courtroom where a murder trial is in progress, but when the several occasions presented themselves yesterday the crowd grasped them with a will, and the court indulged in no empty exhibitions of assumed dignity by any stern reprimands.

There was little testimony of any startling importance brought out, but there was considerable that was slightly sensational in its tone rather than in its hearing upon the main features of the case. The most sensational feature of the day was the refusal of one of the witnesses for the defense to reply to a question by Mr. Hall until he had thrice been admonished by the court that he had better reply. And it was noticed that the ruddy expression of good humor which usually adorns the features of Judge Field had evacuated the premises and had given place to several mud-painted snowdrifts of somewhat passionate determination when the court sounded its third threatening admonition. They plainly told what the inevitable consequences of a further refusal to answer on the part of witness Carder would have been.

Another sensational feature was the contest of veracity between W. W. Carder on one aide and several witnesses on the other, a similar contest between Ab Carder on on side and two members of the green cloth fraternity on the other, and last but not least a similar contest between Hymen Goldwater and L. C. Hurr.

Mrs. Sheedy was in a contemplative mood all day and did little to increase the usual attention paid her by the spectators. Monday McFarland's stolid calm was unbroken, but the settled frown upon his inlay features did not indicate the utmost good health and serenity of mind. He looked to be a very sick defendant.

Attorney Burr on the Stand.

L. C. Burr was the first witness sworn. He related a conversation had with Hymen Goldwater about two months ago in the presence of John H. Hart, in which Goldwater had said that James Malone had offered him $300 if he would testify that he had sold this cane to Monday McFarland; a meeting was afterwards held at which Marshal Melick and Mayor Graham were present, and they raised the amount to $500; Goldwater wanted witness to bring suit against them for the amonut. Witness said nothing had been said about the agreement having been made with Goldwater's boy; Goldwater said they have agreed to pay it to him, but had mentioned the boy at that time.

On cross-examination witness said that Goldwater was a foreigner of some kind and might make mistakes in expressing himself; witness remembered fairly well what was said and the impression it made on his mind; was quite certain that Goldwater said that the had promised him instead of the boy; didn't feel that Goldwater's talk to him was in the nature of a privileged talk to his attorney; wasn't sure that Goldwater said the word testify, but had said they had offered him that sum to tell how, it was that the colored man bought that cane.

Carder Saw Malone in Court.

W. W. Carder was the next witness called. He said he had been on the police force for nearly two years; was about police headquarters on the night of the assault and saw the cane that was brought in.

"Look at that and see if you know what cane that is?" said Mr. Strode.

Witness said he recognized the cane brought in that night as one that had belonged to him at one time, but the top on the cane in court did not look like the same that was upon it that night. The cane he had lost had tacks on it, just as did the one he held in his hand. While out one night signaling the officers by wrapping on telephone poles he had knocked the head off: had mended it with several kinds of tacks. Every officer in police court that night recognized the cane instantly. As soon as it was brought in witness had remarked:

"Where did you get my cane?"

He thought there was a brass tack in the head, which had since been removed.

None of the other witnesses had seen any brass tack, and Mr. Hall thought he had a ringer on the witness.

"Did the brass tack in the head of the cane enable you to identify it when it was brought in that night, Mr. Carder?" inquired Mr. Hall.

"The witness started to tell something else, but Mr. Hall peremptorily stopped him, with "Just answer my question, Mr. Carder."

"Well, I don't propose to do it."

The witness, who was pale from illness when he came in, grew paler and trembled wit either rage or fear.

"Did you identify the cane that night by the brass tack?" again inquired Mr. Hall.

"Answer the question, Mr. Carder," said the court.

"Your honor, I see two or three witness in the room. When others were testifying I was excluded from the court room, and wasn't allowed to hear them testify. I believe I was about the only witness who was thus excluded under the rule. All I want, 'your honor, is a fair shake, and I positively will not answer until those witnesses are removed," and he [?] [?] his spectacle case down upon the reporter's desk with emphasis.

Judge Field was noticed to be turning a little pale himself about this time.

"Mr. Carder, there is no use of talking. You will have to answer those questions, or --"

"Answer the question, Mr. Carder." came from Mr. Strode in low tones directed only to the hearing of the obdurate witness.

"Your honor," said Mr. Strode, "all he asks is that those witnesses be removed as a matter of fairness."

"The court will manage that and will see that no unfairness is permitted, Mr. Strode. Mr. Carder. I can assure you that you will be required to answer those questions, and if you deline it will be a painful duty to inflict punishment upon you. I will give you one more chance. Read the question to him Mr. Reporter."

"Did you identify the cane that night by means of a brasstack."

There was an impressive pause ere "No, sire," came feebly from the trembling nad reluctant lips of the witness, and there was a sigh of relief from all present.

The witness denied that he had ever told Deputy Sheriff Hoagland that he had first thought it was his cane, but that he had subsequently discovered that it was not.

The attorneys asked him if he had not told the same thing to others, whom they named, and he said he had not. He might have told them that he could not identify it positively as his cane.

Jailor Harnes Knew It by the Scallops.

William Barnes, city jailor, was the next witness called and he also said that he identified the cane in court as the one brought in that night from the Sheedy residence, and at that time identified it as Carder's cane. [Filentitied?] it by the two scallops (dints) about five or six inches below the head; there were two of them in Carder's cane; had had Carder's cane in his hand about a year and a half ago; if it hadn't had the scallops, from its general appearance would have thought it was Carder's cane; identified it by the scallops.

When shown the cane the witness was enabled to count four or five scallops at the point named and couldn't tell by which ones he identified it. There was no brass tack in the head when it was brought in that night.

What, Never? Hardly Ever.

Mr. Carder was recalled and asked whether or not he had ever had a conversation with C. E. Alexander, reporter for THE JOURNAL, in which he had said that the cane was not the one he had lost. He said he had not.

Mrs. Sheedy's Sons Shook the Bed.

Miss Fannie Warner was acquainted with Mr. and Mrs. Sheedy: had been at their house and had seen them together at the house since her return from Buffalo; they seemed very attentive and friendly toward each other as far as she could discern; it was not different from their deportment before her trip to Buffalo. Witness was there Monday afternoon at 2:30 and Mrs. Sheedy was kneeling beside the bed beside her husband with her right arm under the pillow. She was saying, "John! John! Don't you know me, John?" She would now and then lay her head on the pillow and weep. Knew she was weeping because she shook the whole bed. Both Sheedy and his wife had taken dancing lessons of witness.

Wept at Mention of His Name.

Mrs. S. M. Melick was called to testify