93

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.

Mr. Hall of the prosecution conteded for the admission of McFarland's confession on the ground that it had been made freely. He was thoroughly convinced of this and said that it showed upon its facec that it was voluntary and not extorted by intimidation, threats, or inducements.

Judge Field, at the conclusion of Counsel Hall's remarks admonished the attourneys not to spoil the ground-work for good speeches in dwelling at length upon this question, as there were many speeches to be made during the trial.

Mr. Lambertson, of the prosecution, thereupon waived his rights in the premises and Counsel Woodward, attourney for McFarland arose to protest against the admission of the confession. He held that it had been extorted from his client and was therefore under the statutes inadmissable. In support of this he called attention to the circumstances in which McFarland was placed when arrested. "He was arrested," the speaker said, "by Marshal Mellick assisted by Malone. It is the duty of these men to apprehend the guilty and brink them to trial - but not to set before them inducements or fears. They take him to the marshal's private office and hold a conference; it is not clear what that conference was, but it is evidencec that my poor client did not sleep that entire night, but stood in fear looking into the corridor of the jail all night long. Why was this, if there was no inducement or threats? He

WAS LOOKING FOR A MOB

that he was told was coming; that fifty men were there and as soon as the crowd reached one hundred they would take him out and hang him! Mr. Malone admits he was with the prisoner hours before any witness were present and that my client expressed fears of a mob. How did he know of any mob, if a mob had not been suggested? And these witnesses that heard that confession of that Sunday morning How did these parties get there to hear the confession unless that confession had been dragged out of him by police officers? No one knows better than Malone, Melick and the mayor. McFarland was taken into the marshal's private office on that Sunday morning after he had been tortured all night long. The law, sir, would be outraged, I say, by the admission of this confession; it was obtained by unfair means and foul. Why, sir, Walters and [Pinneo?] swear that Malone said long before this trial began that he wrung this confession from my poor client. It is in evidence that Marshal Mellick said to this defendant: 'We have enough evidence to convict you and you might as well make a clean breast of it and it will go easier with you.' Mayor Graham said said there was no question but he had been persuaded. Capt. Carder said Malone's first remark to this defendant was I'll get you before morning.' What did he mean? The natural presumption follows that he had been trying to induce him. It is found, too, that Malone said: 'They have fifty now and when they get one hundred they'll make a break to bang you;' to which the prisoner said, 'I think the polices are in with the mob!' Was his mind, then, in a condition the law prescribes for a confession? The prisoner said he had no confidence in the police at all.

ATTOURNEY W. H. WOODWARD.

Wasn't there something overpowering his intellect? From Wheeler's testimoney is the best evidence of the condition in which the prisoner was placed. But he went there to be concealed behind a curtain to hear the prisoner's statements - not the treats of the officers." Mr. Woodward then began his citations of cases in point and for half an hour or longer read them from reports on similar cases from various states aside from Nebraska, ending his arguments by holding that the court out to take of this confession under advisement, as it was the most important point in what will likely be one of the most important cases in Nebraska.

Judge Field then addressed the counsel briefly, stating that as he understood it the law was very clear on this point and about as Judge Weir had stated on the same question the other day and, in short, that under the testimony so far adduced the confession is admissable to the jury, whcih of course, will be instructed as to its weight.

Counsel Strode then objected to its application to his client, Mary Sheedy, on the ground taht it was not made in her presence or with her knowledge and must, therefore, be excluded so far as she is concerned.

On this point Judge Field held that under the laws of Nebraska, where two parties are charged with a crime the confession of one does not bind on the other, but only applies to the party making it. Hence, in the confession of Monday McFarland Mary Sheedy is not in law concerned.

Stenographer Wheeler was again called to the stand to continue his testimoney but as the hour was 5, it was thought best to adjourn until this morning, the testimoney of Wheeler and the confession of McFarland being the first things on the tapis.

THE JUDGE'S RULING

in the matter of the admission of a McFarland's confession was a general theme for discussion throughout the evening especially by attourneys, several of whom ex-expressed the greates surprise, inasmuch as the matter of threats and intimidation had been brought out so clearly by different witnesses, and cases cited wherein much less persuasion or threats had been used and reverted in throwing out of the confession. the general opinion in legal circles is that should a conviction be returned by the jury the admission of this confession will furnish the grounds for

AN APPEAL OF THE CASE

and the decision reversed as in many former cases. And in speaking of the outcome an attourney who has watched the case closely believes that the jury will be out a long while. A hung jury is also one of the things looked for by some.

MYSTERIOUS MOVEMENTS

of mysterious personages about the court house lobbies and in convenient nooks wehre the jury passes in and out, as well as eat their meals, has caused an inducement of talk and speculation among interested officials in the last two days and it is likely that an arrest or two will be made unless things change. It is known to one or two that

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.

Mr. Hall of the prosecution conteded for the admission of McFarland's confession on the ground that it had been made freely. He was thoroughly convinced of this and said that it showed upon its facec that it was voluntary and not extorted by intimidation, threats, or inducements.

Judge Field, at the conclusion of Counsel Hall's remarks admonished the attourneys not to spoil the ground-work for good speeches in dwelling at length upon this question, as there were many speeches to be made during the trial.

Mr. Lambertson, of the prosecution, thereupon waived his rights in the premises and Counsel Woodward, attourney for McFarland arose to protest against the admission of the confession. He held that it had been extorted from his client and was therefore under the statutes inadmissable. In support of this he called attention to the circumstances in which McFarland was placed when arrested. "He was arrested," the speaker said, "by Marshal Mellick assisted by Malone. It is the duty of these men to apprehend the guilty and brink them to trial - but not to set before them inducements or fears. They take him to the marshal's private office and hold a conference; it is not clear what that conference was, but it is evidencec that my poor client did not sleep that entire night, but stood in fear looking into the corridor of the jail all night long. Why was this, if there was no inducement or threats? He

WAS LOOKING FOR A MOB

that he was told was coming; that fifty men were there and as soon as the crowd reached one hundred they would take him out and hang him! Mr. Malone admits he was with the prisoner hours before any witness were present and that my client expressed fears of a mob. How did he know of any mob, if a mob had not been suggested? And these witnesses that heard that confession of that Sunday morning How did these parties get there to hear the confession unless that confession had been dragged out of him by police officers? No one knows better than Malone, Melick and the mayor. McFarland was taken into the marshal's private office on that Sunday morning after he had been tortured all night long. The law, sir, would be outraged, I say, by the admission of this confession; it was obtained by unfair means and foul. Why, sir, Walters and [Pinneo?] swear that Malone said long before this trial began that he wrung this confession from my poor client. It is in evidence that Marshal Mellick said to this defendant: 'We have enough evidence to convict you and you might as well make a clean breast of it and it will go easier with you.' Mayor Graham said said there was no question but he had been persuaded. Capt. Carder said Malone's first remark to this defendant was I'll get you before morning.' What did he mean? The natural presumption follows that he had been trying to induce him. It is found, too, that Malone said: 'They have fifty now and when they get one hundred they'll make a break to bang you;' to which the prisoner said, 'I think the polices are in with the mob!' Was his mind, then, in a condition the law prescribes for a confession? The prisoner said he had no confidence in the police at all.

ATTOURNEY W. H. WOODWARD.

Wasn't there something overpowering his intellect? From Wheeler's testimoney is the best evidence of the condition in which the prisoner was placed. But he went there to be concealed behind a curtain to hear the prisoner's statements - not the treats of the officers." Mr. Woodward then began his citations of cases in point and for half an hour or longer read them from reports on similar cases from various states aside from Nebraska, ending his arguments by holding that the court out to take of this confession under advisement, as it was the most important point in what will likely be one of the most important cases in Nebraska.