| 90THE TRIAL BEGUN
The Great Sheedy Murder
Case Now On.
The Attorneys Eloquently
State the Case to the
Court.
TAKING OF EVIDENCE COMMENCED.
With the Testimony of Dr. C. S.
Mart, and Attending Physicain
His Statements.
The Jury.
The following is the jury duly swern and empanneled to hear and determine the issues in the case of the state of Nebraska vs. Mary Sheedy and Monday McFarland :
JAMES VAN CAMOEN,
GEORGE ALBRECHT,
J. C. JENSEN,
JACOB CROY,
ALBERT WARD,
HENRY L. WILLIS,
ED YOUNG,
JOHN ROBERTSON,
C. S. CADWALADER,
LUTHER BATTEN,
JAMES JOHNSON,
THOMAS RILEY.
After the jury had been duly sworn yesterday afteroon Judge Field said:
"The attorneys will present their opening statments" and amid perfect silence from the great throng of spectators County Attorney Snell arose and presented the case for the prosecution.
Mr. Snell dwelt upon the long time that had been exhausted in securing the jury and brought forth the impression of the importance of the case. He dwelt upon the brutality of the murder and recited a history of the killing in detail as has already been published on many occasions. He told of the medicine given the injured man and the comatose state that come upon him early in the morning after the assault. He declared that the evidence would show that at this time Sheedy was suffering from the effects of morphine poisoning. That expert testimony would be intreduced to show that it was morphine rather than the effects of the blow upon the head of Sheedy that produced this comatose condtion.
Mr. Snell then dwelt upon the law relating to principals and accessories in murder. He declared that the evidence would show that Monday McFarland, prior to the killing, was intimate with the Sheedy family; that prior to the assault he was wearing differnt clothes around ; that he was often seen near the Sheedy residence nad so seen he would try to avoid recognition. That after the assault McFarland changed his clothes; that he purchased a cane a few days prior to the assault, and the same cane was found upon the Sheedy steps after the assault, and then Mr. Snell cited the fact that they had McFarland's confession. This brought a vigorous protect from Col. Philpott McFarland's attorney, against
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COL. PHILPOTT LISTENS TO MR. SNEEL.
any reference to the alleged confession. which he declared not in evidence, and the court sustained the objections.
Then Mr. Snell spoke of the conspiracy to take Sheed's life, which brought further objection from Col. Phil'pot, which the court refused to sustain.
Continuing Mr. Snell said that the prosecution would show that Mrs. Sheedy had been twice married before marrying Sheedy, that owing to the latter's business their associates were few, that the state would show the facts in relation to her visit to Buffalo. N. Y , and her acquaintance formed there with one A. H. Walstrom ; that on her return home she brought this photograph with her and then began to complain of Sheedy's treatment of her. That shortly after Walstrom had come to Lincoln, and after reaching here had received favors and attentions at her hands. Mr. Snell said that the state believed it could be shown the jury that Mrs. Sheedy was tired of her husband, that she had become infatuated with the young man and had determined to rid herself of her martial relations and that Monday McFarland and was the agent she selected to assasinate her husband ; that she gave him money and promised him more and allowed him to take liberties with her person to inflame his passion and courage and finally that she completed the crime by the use of a drug from where McFarland 's assault ended.
MR. STEARNS SPEAKS.
Mr. R. D. Stearns, for the defense of Mr. Sheedy, commenced his address to the jury by calling attention to the weakness of the testimony for the prosecution as outlined by the prosecution attorney and ventured the opinion that in no murder case was so weak a showing made upon which to ask conviction, Continuing Mr. Stearns said
that the defense expected to show that Sheedy was a gambler who had followed the business for years. That he was ruler among the fraternity and practically manged and controlled them. That he had made many bitter and malignant enemies. That he had constant suspicions of piots against him and that prior to his death he had private deterctives to protect and guard him from personal injury and that a short time before the assault resulting in his death he was shot at by an assassin who Mr. Stearus declared was a white man. Continuing the attorney asked for the motive that is behind all crimes and passing to the acquaintance of Walstrom declared that there was nothing material that would come out from that or that would be criminating in its motive. He recited the fact that Walstrom was arrested at the same time with the defedant. that he had a full, fair. complete hearing , was discharged, while these two were bound over.
Speaking further as to circumstantial evidence Mr. Stearns declared that in every case of a sudden taken off circumstances would arise that would breed questions, and he thought as many and as injurious ones as were brought against this woman. He then cited the fact of two learned counsel being added to the prosecution of the case, and declared to the jury that it would be shown to their satisfaction that the case was one of persecution and cupidity brought by John Sheedy's relatives that they might secure the whole of the estate instead of the widow receiving half of it.
IT IS BLOOD MONEY
and a conspiracy to convict for the love of money, declared Mr. Stearns and a murmur ran through the crowd at this dramatic incident in outlining the defense. Continuing the defense cited the fact that the probate court had allowed Mrs. Sheedy an allowance for her support but the other heirs had appealed for it and had refused to let her have any say or control in the estate. Concluding Mr. Stearns called attentien to the fact that the jury must be convinced of the truth of all the facts and allegatious and that it was their duty to remember that the old adage declared it were better for ninety nine guilty ones to escape rather than that one innocent be punished. Then Mr. Stearns quoted impressively the following :
" In men whom men condemn as Ill,
I find so much of goodness still ;
In men whom men pronounce divine
I find so much of sin and blot,
I hestitate to craw the line
Between the two where God has not. "
COL. PHILPOT SPEAKS.
As one of counsel for Monday McFarland, Col. J. E. Philpot addressed the jury in a vigorous and vehement speech. Mr. Philpot dwelt upon the treatement that his client has received at the hands of officers and detectives whom he declared had by the most censurable methods threatened the life of his client with mob and the hangman's noose to extort from him through fear a most unreasonable and wholly untrue statement. He showed as he declared the inqnistion methods resorted to and denounced in unmeasured terms the actions of Malone and Melick letting ex-Mayor Graham come in for share in the roasting.
He spoke of the reward in sight and the incentive that it was for conspiracy against his client. He reviewed the plea for protection and enlivenced the audience with hils at the prosecuting attorney that made the spectators alert and intersted in the cross firing that occurred.
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This Morning.
Long before the hour of nine arrived a crowd of people thronged Tenth street wending their way toward the court house and by the time the court was opened the room was well filled.
At nine o'clock the prisoners were conducted into court, and shortly after the jury---a dozen wise visaged men picked according to the law of Nebraska, bad luck to it----filed into the room and a few of them knew enough to be seated.
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THEY WANT TO BEAR THE FACTS
Throughout the audience there was here and there a woman, but the auditors on the whole were of the kind usually seen at such trials.
Mrs. Sheedy was today attended by the four faithful sisters who have given encouragement throughout the proceed-ings.
After the sheriff had sang out the usual " Hear ye, hear ye !" Attorney Stearns asked that the witnesses in this case be separated. Judge Field there upon ordered all witnesses to retire from the room.
Dr. Hart was called the first witness.
Attorney Philpot moved that no testimony be taken as to the fourth court (conspiracy) of the information, because it does not constiute cause sufficient offense under the laws of Nebraska. This was overuled and the examination of Dr. Hart was begun by the prosecution.
The doctor was asked the usual questions about where he lived, etc. He had known John Sheedy and treated him once prior to the time of his death
He had been attracted to the Sheedy house on the night of January 11, about 7:30 p. m., by the shooting and found Dr. Everett there as well as several others. He found a wound over the left eye. He spoke to Sheedy and asked if somone had been trying to do him up, and he said " yes," but didn't know what he had ever done that would couse anyone to try such work. The wound had been made by a blunt instrument, striking the head and bruising the nose. The cheek none was also fractured. He satid at the house until Sheedy had been put to bed. Talked with Dr. Everett and morphine was suggested by the latter to quiet him; witness thought best not to give morphine, as he knew its effects upon him by former treatment. He left and retured in about an hour and found Sheedy more nervous and the watchers a little alarmed because he had been vomiting considerbly. He was not surprissed at the change that had taken place. At time of assailt he did not think the wound fatal or serious. Mrs Sheedy was the nurse during his absence from the place.
Sheedy remarked that he didn't think that he was badly hurt. He procured a sleep-producing powder. It produces sleep but has no effect like morphine and had no after-effects. One powder of ten grains was given Sheedy by witness, and two other doses were given thereafter, the last about 1 o'clock.
Mrs. Sheedy administered the first dose, witness giving powder to her. Thought he saw the powder put into the water at the time by
| 90THE TRIAL BEGUN
The Great Sheedy Murder
Case Now On.
The Attorneys Eloquently
State the Case to the
Court.
TAKING OF EVIDENCE COMMENCED.
With the Testimony of Dr. C. S.
Mart, and Attending Physicain
His Statements.
The Jury.
The following is the jury duly swern and empanneled to hear and determine the issues in the case of the state of Nebraska vs. Mary Sheedy and Monday McFarland :
JAMES VAN CAMOEN,
GEORGE ALBRECHT,
J. C. JENSEN,
JACOB CROY,
ALBERT WARD,
HENRY L. WILLIS,
ED YOUNG,
JOHN ROBERTSON,
C. S. CADWALADER,
LUTHER BATTEN,
JAMES JOHNSON,
THOMAS RILEY.
After the jury had been duly sworn yesterday afteroon Judge Field said:
"The attorneys will present their opening statments" and amid perfect silence from the great throng of spectators County Attorney Snell arose and presented the case for the prosecution.
Mr. Snell dwelt upon the long time that had been exhausted in securing the jury and brought forth the impression of the importance of the case. He dwelt upon the brutality of the murder and recited a history of the killing in detail as has already been published on many occasions. He told of the medicine given the injured man and the comatose state that come upon him early in the morning after the assault. He declared that the evidence would show that at this time Sheedy was suffering from the effects of morphine poisoning. That expert testimony would be intreduced to show that it was morphine rather than the effects of the blow upon the head of Sheedy that produced this comatose condtion.
Mr. Snell then dwelt upon the law relating to principals and accessories in murder. He declared that the evidence would show that Monday McFarland, prior to the killing, was intimate with the Sheedy family; that prior to the assault he was wearing differnt clothes around ; that he was often seen near the Sheedy residence nad so seen he would try to avoid recognition. That after the assault McFarland changed his clothes; |
