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The Lincoln Daily Call.

TWELFTH YEAR LINCOLN, NEBRAKSA, THURSDAY EVENING MAY 14, 1891. NUMBER 258

ADMITTED THE CONFESSION.

McFarland's Story Goes into Evidence in the Now Great Sheedy Trial.

The Arguments Made by the Attourneys Upon This Question--
The Ex-Marshal and Detective Malone Scored by Woodward.

THE CROWD AT THE COURT HOUSE STILL CONTINUES TO INCREASE.

The Case Approaches a Climax in interest and the Attourneys are Doing Their Heaviest Fighting.

At the concession of the examination of Detective Pinneo yesterday afternoon Stenographer Wheeler was alled by the state and by Mr. Hall asked to read his notes of the confession made by McFarland.

An objection was here raised by the defense, Mr. Stearns holding that a confession was admissionable in evidence against an accused only when freely and voluntarily made; it must relate to the prisoner and his connection with the crime charged; it is inadmisseable if obtained through threats or promises of immunity. Mr. Stearns spoke at considerable length citing many authorities in support of his position. He also contended and cited authorities to show that when a confession has once been obtained through hope or fear, the subsequent confession is inferred to come from the same motive, although there may be no immediate evidence of coercion as to the latter confession, the burden of proof being upon the state to show that it was entirely free and voluntary, made after he had been warned of the consequences. He had contended that Monday had been led to behave that it would be better for him to make this confession, and that a mob was intent upon lynching him, and that the prisoner was excited by fear or intoxication.

Judge Weir of counsel for defense spoke in the same vein and dwelt upon the susceptibility of the ignorant illiterate Monday McFarland to such influences, and contending that his mind was not free and the confession not voluntary. He dwelt upon the testimony of Carter to the effect that Monday was incited to violent fears by the belief that a mob was being formed and contended that on the momentous Sunday morning when Monday told his story every inducement was offered him, such as assuring him that to save his own life, and to better his condition he should tell all.