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 as to Mrs. Sheedy's deportment while the witness was at the Sheedy house. It was after Sheedy's death; saw Mrs. Sheedy; [part of the time she was quiet and part of the time weeping bitterly; broke down and wept whenever her husband's name was mentioned.

Court adjourned at 11 a. m. after a conference between the attorneys and Judge Field, in which it was stated that the defence would probably complete its testimony during the afternoon. It then became evident that it was not the intention to put either of the defendants on the stand.

The Afternoon Session.

At the afternoon session Eugene H. Andrews was called; he said he was proprietor of Cushman park; knew Sheedy and his wife; saw them at the park frequently together last year; as far as he noticed, their deportment toward each other was very kindly; saw them there probably fifteen times; saw them there during the latter part of the season, at the soldier's reunion the 2[7?]th of September. Their general deportment was kindly and he never saw anything that indicated bad feelings; thought from Mrs. Sheedy's deportment she was a perfect lady.

Had heard conversations between them; had also seen her there with ladies when Sheedy was not there: thought they were a devoted couple. At the soldiers' reunion he had said to Mrs. Sheedy. "We have missed you during the summer." Mr. Sheedy spoke to her and she turned her attention from the witness.

What Mr. Marshall Knew.

W. J. Marshall said he knew Mr. and Mrs. Sheedy; lived a block and a half from them: passed by the residence often and saw them there: also away from home: never saw anything that was not perfectly friendly. Had called at the house and heard them talk to each other in a friendly way. Had only heard from hearsay as to her caring for Sheedy when he was stabbed. Passed the residence several times a day and never saw Monday about there.

Cross-examined he said he was at the house once about a year ago and once about two years ago. Only knew from what he had seen; didn't know as he had ever seen a happier couple; didn't know whether or not he had ever seen an unhappier couple.

Carder's Conversations on the Cane.

W. W. Carder was recalled and asked if he remembered having said to Officers Miller and Sipe that he had at first thought the cane was his. but that he was afterward satisfied that it was not. He said he had never stated since the night of the assault that he was satisfied it was not his cane.

Mrs. Sheedy's Physician on the [Rack?].

Dr. N. R. Hook was called. He said he had been practicing in Lincoln five years and Mrs. Sheedy had been a patient of his for several years; remembered that she left the city last July for Buffalo.

"Did you advise her to go, docter?" asked Mr. Strode.

"No, sir."

"State whether she did not object to going because she did not want to leave her husband."

Objection by the state sustained.

State whether or not she did not go to Buffalo at the expressed wish of her husband."

Objection of the state sustained.

Saw her again January 16 and she seemed to be suffering severely with nervous depression; she said she didn't think she could live, she was so depressed. There were people in the front room that day. Didn't know of any other doctor treating her except at Buffalo; as far as he knew he was her medical advisor; was not called to treat her for any ailment in October or November.

The witness was not allowed to say whether he had treated her since her imprisonment.

Brother-in-Law Baker Didn't See Walstrom.

F. B. Baker of Western, Saline county, brother-in-law of the defendant, testified that he was at the Sheedy residence after Sheedy's death; went there Tuesday and staid until Friday was there when young Oppenheimer came: there were in the house at that time Dennis Sheedy, sr., and two brothers, the wife of one of the latter, Mrs. Dean, young Dennis Sheedy and two or three others, with witness and his wife. Dr. Hook was called there that day. The Messrs. Sheedy and the young attorney sat down at the table to sign the power of attorney. Walstrom was not there at that time. Witness had never seen Walstrom at that time. Oppenheimer was there when witness left, and Oppenheimer had not seen Mrs. Sheedy when witness left; she was in the sitting room lying down, and had not come into the parlor. Thought the piano was closed. Was in the room with Oppenheimer about five minutes.

This was in rebuttal of Jacob Oppenheimer's testimony to the effect that when he took a power of attorney over there for the heirs to sign, he handed it to Mrs. Sheedy, who in turn submitted it to Walstrom with the remark, "It's all right. Harry."

Who Sent for Walstrom?

Mrs. Dean, a sister of defendant was at the Sheedy residence at Sheedy's death: Patrick and Michael Sheedy, brothers of deceased, went away on Friday after the funeral; Dennis sent for Walstrom on Saturday afternoon; didn't remember having seen Oppenheimer there; Mr. Dennis Sheedy was there, but the other two brothers had gone home the day before: Mrs. Sheedy was sick in the sitting room on Friday and the doctor was there; so far as witness knew Walstrom was not at the house from the time of Sheedy's death until Saturday; was not there on Friday.

Mr. Dennis Sheedy asked Mrs. Sheedy to send for Walstrom Saturday afternoon; Mrs. Sheedy wrote a note to Walstrom and handed it to Dennis Sheedy, sr. ; Dennis Sheedy, jr., went after Walstrom; he came; witness was not in the parlor when he came; nor was Mrs. Sheedy; young Dennis Sheedy introduced Walstrom to Dennis Sheedy, sr.; didn't know where young Dennis Sheedy had met Walstrom. Witness had met Walstrom at the Sheedy residence a couple of times; just knew him; Mrs. Sheedy and witness went into the parlor just before Walstrom left that day.

"Let me refresh your memory a little." remarked Mr. Hall. "Don't you remember that when Walstrom came Mrs. Sheedy introduced him to Dennis Sheedy and you got up and left the room when that interview began?"

"No, sir, not to my recollection."

But while she was answering in the negative Mrs. Sheedy was nodding an affirmative.

"Don't you know, Mrs. Dean, that Mrs. Sheedy insisted on sending for Mr. Walstrom and that she wanted Dennis Sheedy to see him, and that he was a mere boy?"

"No, sir."

"And don't you know, Mrs. Dean, that when Walstrom came he said, 'Mr. Sheedy, I understand you want to see me,' and that Mr. Sheedy replied, 'You are mistaken: I have not sent for you and did not want to see you?"

"No, sir."

"How much of that conversation did you hear wherein Mr. Sheedy asked Mrs. Sheedy to send for Walstrom."

Witness was not certain. She said she first met Walstrom late in October at the Sheedy home.

Goldwater vs. Burr.

Hymen Goldwater was recalled at the instance of the defense and questioned by Colonel Philpott as follows:

"Did you not tell Mr. L. C. Burr at his office about two months since that you fixed the head of that cane yourself and that you had hold your boy to swear that he had fixed it?"

"No, sir."

"And did you not on the same day thereafter at the same place, tell L. C. Burr that he need not sue for the money for they had fixed it up; and did not Mr. Burr say to you, 'Mr. Goldwater, you did not have that cane in your store at all did you?' and did you not reply, 'It makes no difference, I am entitled to my money just the same?"

"It is a great lie. I was there only but vonce at all," roared Mr. Goldwater, rising from his seat with an air of indignant consternation.

The witness was excused amid a great roar of mirth on the part of the audience.

Burr vs. Goldwater.

Mr. Burr was then recalled and testified that Goldwater had been to his office twice on that day and had said in substance what he had above denied.

Col. Philipott's Endorsement Commended.

Mr. Philipott then said that the defense desired to use a cane which had been taken from Monday's shop after his arrest and had been had in court several times by the state, but it was not present. Judge Field said that they should have asked for it when it was there. The discussion developed the fact that Officer Malone Malone had taken it home.

"if you wish the cane you can subpoena Malone and have him bring the cane," suggested Mr. Lamberston.

"I told you you would want Malone ere you got through," said Hall.

"O, yes, you would like to have us make Malone our witness, so that you could cross-examine him. You want us to give Malone our endorsement," said Philpott.

No, we don't," retorted Lambertson. "Your endorsement would damn anything."

This was the can which Monday was alleged to have secured after the killing to take the place of the fatal weapon, and bad takes off the head so that it would resemble the lost staff.

Philpott vs. Malone

Colonel Philpot then took the stand in behalf of the defense and again proceeded to answer his own questions, as follows:

"What is your name?'

"J. E. Philpott."

"Are you acquainted with James Malone?"

"Yes, sir."

There was a roar of mirthful derision and the court said that judging from the character of the evidence being introduced, the end of the case was drawing near. He hoped that the attorneys would pursue their work to finish in a serious vein.

Philpott then related how he had met Malone in the corridor of the jail and how the latter had told him that Monday was in a desperate condition and likely to suicide before morning.

Melick Todd Malone of the Howard.

Mr. Melick was recalled and testified that Dennie Sheedy had jointly offered $1,000 reward after her arrest: that Dennis Sheedy had subsequently withdrawn in and had made a private offer to witness of $1,000 reward after her arrest; witness had told Malone of it some time afterwards and had told him he should have half of it

OUTING DRESSES, BLAZERS, LADIES' SHIRTS

In the Latest Season's Offering

Elegant line of Spring Wraps will be aspect our great range of Summer Stuffs.

HERPOLSHEIME

EXPOSITION DEPARTMENT

if successful.. Every one of the facts was vigorously opposed by the state, but the court allowed them to go in.

Strode vs. Malone.

Mr. Strode then stood the stand, was sworn and testified to having had a conversation with Malone at the police station on the Sunday evening of the confession of Monday Mc Farland, in which the officer said that they had put Monday into the sweatbox and scared the confession out of him.

Medical Authorities Go In.

The defense introduced a large number of medical authorities bearing on the conditions found in the brain, including Colonel Philpott's now celebrated "arbor vita, the tree of life." and the similarity of symptoms of compression and morphine poisoning.

Also a transcript of proceedings in the preliminary hearing, showing that Walstrom was released.

Colonel Stephney's Perchant for Cawes.

Officer Malone cam in at this point with the cane for which Colonel Philpott had asked, having gone home after it. It was the one Monday had carried after the assault.

P. J. Stephney was called and said he was a cousin of Monday McFarland. The cane was shown him and he said he thought he had had that cane alone last summer; McFarland had complained of having the rheumatism and had got the cane of witness about last September.

The defense offered the cane in evidence and the state objected as it was immaterial, there being no claim that it was the can Monday McFarland had on the night of the assault or that it had any special relation to the commission of the crime.

Upon cross-examination Stepney said he had picked the cane up "somehwere's down about the house," his sister's house, sometime last spring, and used it last summer. Didn't know who it belonged to or where it came from; gave it to Monday right after the state fair one evening. Hadn't seen the can before since the assault; didn't know where this can was purchased or who purchased it. Thought it was the same cane. Also had another cane at his shop; didn't tell Malone that that one was McFarland's; a boy names Hilderbrand left it there after witness gave his own cane to Monday. Witness said he was a cripple and had to carry a cane.

The state undertook to ask him if the overcoat he was then wearing was not the coat Monday had worn on the night of the assault, but the question was not permitted. It was the same, however.

Dennis Sheedy Put Up for It.

Coroner Holyoke was called and said that he conducted the Sheedy inquest; had a portion of the check bone taken from John Sheedy's head at that time. It was the bone that was partially broken loose from the skull. He said it required considerable force to remove it at the postmortem. It was offered in evidence.

He was examined as to the autopsy and knew the heart was enlarged; couldn't say that it was fatty degeneration, as he had not examined it with a microscope and fatty regeneration would not be detected accurately with the naked eye.

He told in detail of having taken the stomach to Professor Vaughn for Analysis and after a contest between the arrayed forces of attorneys the witness was permitted to state that Dennis Sheedy had told him to go ahead and have the examination made and that he would contribute to the extent of $200 himself and the county commissioners had agreed to pay $50. John Fitzgerald had paid witness his expenses for taking the stomach to Chicago upon an order from Mr. Hall.

This closed the testimony for the defense at 4:50 came the impressive announcement from Mr. Strode:

"The defense rests."

Bradeen Was With Gleason

George W. Bradeen was called in rebuttal by the state: was slightly acquainted with John Sheedy; knew William Gleason: was in the club rooms over 124 North Tenth street on the night of the Sheedy assault; William Gleason was in the rooms over the Ivy Leaf, from a little before 7 o'clock until nearly 9 o'clock that night; saw Ab Carder there that evening. Gleason and witness were there at the time and had some conversation with Carder; a man came up and told of the assault on Sheedy, just as Gleason went out.

Cross-examined the witness said that there was gambling going on in that room. He declined to answer the question as to who was running the room, on the ground that it would criminate himself. He denied that any ill feeling existed between himself and Sheedy at that time; there had been, but it had been settled.

"Did you not go past Gus Sanders saloon about 3 o'clock in te morning after the assault?"

"I belive I did."

"What did you see going on there?"

"I don't remember that I saw anything."

Didn't you see Gus Sanders and other parties in his private office looking over some papers?"

The state objection was sustained.

Witness said he did not fo to the Sheedy residence that night of the assault and had certainly not told W. W. Carder that he did go there because he had some interest in the event. Neither had he ever told W. W. Carder that Ab Carder's former testimony was about correct.

Carles E. Alexander testified that he was police reporter on THE STATE JOURNAL, and knew W. W. Carder for two years: had had a conversation with W. W. Carder the week following the Sheedy murder in which Mr. Carder had told him that the cane found at Sheedy's place was not his cane.

Mr. Strode endeavored to show that the witness had been governed in his reports of the preliminary hearings by the dictation of certain gamblers, but signally failed in the absurd endeavor.

Hongland Tald With Carter.

Henry V. Hoagland was called and said that W. W. Carder told him at the Capital hotel on the Sunday night following the assault, in the presence of J. D. Wright, that the cane found at the Sheedy residence was not his can: that it was thought at first was but that it wasn't. Witness had joked Carder about being the man who struck Sheedy, as the can had been identified as his. Carder said it was a mistake.

Fullington Was With Gleason

Andson Fullington was called and corroborated the testimony of Bradeen. He said that Gleason was in the room over the Ivy Leaf on the night of the assault; Gleason came there from 6 to 6:30 and left at nearly 9 o'clock. Remembered that it was that night it was that night because it had been claimed that gamblers did it, and Ad Carder had come in and told of the assault on Sheedy: Ad Carder had talked to Gleason; couldn't remember who came in first that night, Gleason or Bradeen; Gleason went out first. Didn't remember how Ab Carder was dressed. Witness was sure that Frank Williams was in that room that night: didn't remember when he came or when he left; didn't remember when he came or when he left; didn't remember that there was any playing there that night.

Fred Miller Remembered Something.

Fred A. Miller, day sergeant of police, testified that he had a conversation with W. W. Carder in which the latter stated that he had a first thought that the can was his, but that he couldn't identify it as the one he lost.

The defense endeavored to show by Mr. Miller that he, himself, had identified the cane, but were not permitted to do so.

An Authority on Moonshine.

Mr. Lambertson offered an almanac showing when then the moon rose on the 9th day of December, the night of the first assault, and the court allowed it to go in spite of the objections of the defense that it had not been identified as a standard scientific authority.

The state said that it had but two or three more witnesses to offer in rebuttal, but further proceedings were foregone until 9 a. m. to-day, when the odds and ends of all the evidence will be closed up during the morning session. There will probably be no afternoon session.

The Case to be Argued Next Week.

The argument of the case will begin bright and early Monday morning on the fourth week of the trial. Mr. Snell will make the opening argument, and it will probably take two days to hear them all. Mr. Hall will sandwich an argument in between those for the defense and Mr. Lambertson will close, Messrs, Stearnes and Strode will take for Mrs. Sheedy and Colonel Philpott and Mr. Woodward for Monday McFarland. The attorneys for the state expect to consume about two hours each. The defense will doubtless dip into the future much more liberally.

THE SEA SICK PASSENGER

On the ocean cares little about a storm. He is positively indifferent whether he is washed overboard or not. But set right by a wine glassful or two of Hostetter's Stomach Bitters, he feels renewed interest in his personal safety. This fine corrective neutralize in brackish water---often compulsory drank on shipboard to the grievous detriment of health the pernicious purities which give rise to disorders of the [??????????????????????????rest of the paragraph?????????????????]

GERMAN EVANGELICAL SYNOD.

The Second Conference of the Nebraska District Now in Search.

The second conference of the Nebraska district of the German Evangelical synod of North America met at the Evangelical church, corner Thirteenth and V streets, yesterday morning and will be in session until Tuesday. Divine services were had yesterday morning by Rev. P Spedel of Seward and during the afternoon the president, Rev. G. Lutnernau of Osage Neb. made his annual report after which the conference processed to appoint the usual committees and other routine business.

There are nineteen ministers from various points in Nebraska present and eighteen delegates representing eighteen congregations in Nebraska. Divine services will be help every evening at 7:30 and on Sunday at 10 a. m., 2:20 p. m., and 7:30 p. m.

On Sunday afternoon the so called missionary festival will be held in the church and everybody is invited to attend.

When Baby was sick, we gave her Castoria.
When she was a Child, she cried for Castoria.
When she became Miss, she clung to Castoria.
When she had Children, she gave them Catoria.

FRESH FISH

All kinds constantly on hand at A. Booth Packing Company, 1925 P street.

Order Ice of the Lincoln Ice company 1040 O street. Telephone 225.

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 as to Mrs. Sheedy's deportment while the witness was at the Sheedy house. It was after Sheedy's death; saw Mrs. Sheedy; [part of the time she was quiet and part of the time weeping bitterly; broke down and wept whenever her husband's name was mentioned.

Court adjourned at 11 a. m. after a conference between the attorneys and Judge Field, in which it was stated that the defence would probably complete its testimony during the afternoon. It then became evident that it was not the intention to put either of the defendants on the stand.

The Afternoon Session.

At the afternoon session Eugene H. Andrews was called; he said he was proprietor of Cushman park; knew Sheedy and his wife; saw them at the park frequently together last year; as far as he noticed, their deportment toward each other was very kindly; saw them there probably fifteen times; saw them there during the latter part of the season, at the soldier's reunion the 2[7?]th of September. Their general deportment was kindly and he never saw anything that indicated bad feelings; thought from Mrs. Sheedy's deportment she was a perfect lady.

Had heard conversations between them; had also seen her there with ladies when Sheedy was not there: thought they were a devoted couple. At the soldiers' reunion he had said to Mrs. Sheedy. "We have missed you during the summer." Mr. Sheedy spoke to her and she turned her attention from the witness.

What Mr. Marshall Knew.

W. J. Marshall said he knew Mr. and Mrs. Sheedy; lived a block and a half from them: passed by the residence often and saw them there: also away from home: never saw anything that was not perfectly friendly. Had called at the house and heard them talk to each other in a friendly way. Had only heard from hearsay as to her caring for Sheedy when he was stabbed. Passed the residence several times a day and never saw Monday about there.

Cross-examined he said he was at the house once about a year ago and once about two years ago. Only knew from what he had seen; didn't know as he had ever seen a happier couple; didn't know whether or not he had ever seen an unhappier couple.

Carder's Conversations on the Cane.

W. W. Carder was recalled and asked if he remembered having said to Officers Miller and Sipe that he had at first thought the cane was his. but that he was afterward satisfied that it was not. He said he had never stated since the night of the assault that he was satisfied it was not his cane.

Mrs. Sheedy's Physician on the [Rack?].

Dr. N. R. Hook was called. He said he had been practicing in Lincoln five years and Mrs. Sheedy had been a patient of his for several years; remembered that she left the city last July for Buffalo.

"Did you advise her to go, docter?" asked Mr. Strode.

"No, sir."

"State whether she did not object to going because she did not want to leave her husband."

Objection by the state sustained.

State whether or not she did not go to Buffalo at the expressed wish of her husband."

Objection of the state sustained.

Saw her again January 16 and she seemed to be suffering severely with nervous depression; she said she didn't think she could live, she was so depressed. There were people in the front room that day. Didn't know of any other doctor treating her except at Buffalo; as far as he knew he was her medical advisor; was not called to treat her for any ailment in October or November.

The witness was not allowed to say whether he had treated her since her imprisonment.

Brother-in-Law Baker Didn't See Walstrom.

F. B. Baker of Western, Saline county, brother-in-law of the defendant, testified that he was at the Sheedy residence after Sheedy's death; went there Tuesday and staid until Friday was there when young Oppenheimer came: there were in the house at that time Dennis Sheedy, sr., and two brothers, the wife of one of the latter, Mrs. Dean, young Dennis Sheedy and two or three others, with witness and his wife. Dr. Hook was called there that day. The Messrs. Sheedy and the young attorney sat down at the table to sign the power of attorney. Walstrom was not there at that time. Witness had never seen Walstrom at that time. Oppenheimer was there when witness left, and Oppenheimer had not seen Mrs. Sheedy when witness left; she was in the sitting room lying down, and had not come into the parlor. Thought the piano was closed. Was in the room with Oppenheimer about five minutes.

This was in rebuttal of Jacob Oppenheimer's testimony to the effect that when he took a power of attorney over there for the heirs to sign, he handed it to Mrs. Sheedy, who in turn submitted it to Walstrom with the remark, "It's all right. Harry."

Who Sent for Walstrom?

Mrs. Dean, a sister of defendant was at the Sheedy residence at Sheedy's death: Patrick and Michael Sheedy, brothers of deceased, went away on Friday after the funeral; Dennis sent for Walstrom on Saturday afternoon; didn't remember having seen Oppenheimer there; Mr. Dennis Sheedy was there, but the other two brothers had gone home the day before: Mrs. Sheedy was sick in the sitting room on Friday and the doctor was there; so far as witness knew Walstrom was not at the house from the time of Sheedy's death until Saturday; was not there on Friday.

Mr. Dennis Sheedy asked Mrs. Sheedy to send for Walstrom Saturday afternoon; Mrs. Sheedy wrote a note to Walstrom and handed it to Dennis Sheedy, sr. ; Dennis Sheedy, jr., went after Walstrom; he came; witness was not in the parlor when he came; nor was Mrs. Sheedy; young Dennis Sheedy introduced Walstrom to Dennis Sheedy, sr.; didn't know where young Dennis Sheedy had met Walstrom. Witness had met Walstrom at the Sheedy residence a couple of times; just knew him; Mrs. Sheedy and witness went into the parlor just before Walstrom left that day.

"Let me refresh your memory a little." remarked Mr. Hall. "Don't you remember that when Walstrom came Mrs. Sheedy introduced him to Dennis Sheedy and you got up and left the room when that interview began?"

"No, sir, not to my recollection."

But while she was answering in the negative Mrs. Sheedy was nodding an affirmative.

"Don't you know, Mrs. Dean, that Mrs. Sheedy insisted on sending for Mr. Walstrom and that she wanted Dennis Sheedy to see him, and that he was a mere boy?"

"No, sir."

"And don't you know, Mrs. Dean, that when Walstrom came he said, 'Mr. Sheedy, I understand you want to see me,' and that Mr. Sheedy replied, 'You are mistaken: I have not sent for you and did not want to see you?"

"No, sir."

"How much of that conversation did you hear wherein Mr. Sheedy asked Mrs. Sheedy to send for Walstrom."

Witness was not certain. She said she first met Walstrom late in October at the Sheedy home.

Goldwater vs. Burr.

Hymen Goldwater was recalled at the instance of the defense and questioned by Colonel Philpott as follows:

"Did you not tell Mr. L. C. Burr at his office about two months since that you fixed the head of that cane yourself and that you had hold your boy to swear that he had fixed it?"

"No, sir."

"And did you not on the same day thereafter at the same place, tell L. C. Burr that he need not sue for the money for they had fixed it up; and did not Mr. Burr say to you, 'Mr. Goldwater, you did not have that cane in your store at all did you?' and did you not reply, 'It makes no difference, I am entitled to my money just the same?"

"It is a great lie. I was there only but vonce at all," roared Mr. Goldwater, rising from his seat with an air of indignant consternation.

The witness was excused amid a great roar of mirth on the part of the audience.

Burr vs. Goldwater.

Mr. Burr was then recalled and testified that Goldwater had been to his office twice on that day and had said in substance what he had above denied.

Col. Philipott's Endorsement Commended.

Mr. Philipott then said that the defense desired to use a cane which had been taken from Monday's shop after his arrest and had been had in court several times by the state, but it was not present. Judge Field said that they should have asked for it when it was there. The discussion developed the fact that Officer Malone Malone had taken it home.

"if you wish the cane you can subpoena Malone and have him bring the cane," suggested Mr. Lamberston.

"I told you you would want Malone ere you got through," said Hall.

"O, yes, you would like to have us make Malone our witness, so that you could cross-examine him. You want us to give Malone our endorsement," said Philpott.

No, we don't," retorted Lambertson. "Your endorsement would damn anything."

This was the can which Monday was alleged to have secured after the killing to take the place of the fatal weapon, and bad takes off the head so that it would resemble the lost staff.

Philpott vs. Malone

Colonel Philpot then took the stand in behalf of the defense and again proceeded to answer his own questions, as follows:

"What is your name?'

"J. E. Philpott."

"Are you acquainted with James Malone?"

"Yes, sir."

There was a roar of mirthful derision and the court said that judging from the character of the evidence being introduced, the end of the case was drawing near. He hoped that the attorneys would pursue their work to finish in a serious vein.

Philpott then related how he had met Malone in the corridor of the jail and how the latter had told him that Monday was in a desperate condition and likely to suicide before morning.

Melick Todd Malone of the Howard.

Mr. Melick was recalled and testified that Dennie Sheedy had jointly offered $1,000 reward after her arrest: that Dennis Sheedy had subsequently withdrawn in and had made a private offer to witness of $1,000 reward after her arrest; witness had told Malone of it some time afterwards and had told him he should have half of it

OUTING DRESSES, BLAZERS, LADIES' SHIRTS

In the Latest Season's Offering

Elegant line of Spring Wraps will be aspect our great range of Summer Stuffs.

HERPOLSHEIME

EXPOSITION DEPARTMENT

if successful.. Every one of the facts was vigorously opposed by the state, but the court allowed them to go in.

Strode vs. Malone.

Mr. Strode then stood the stand, was sworn and testified to having had a conversation with Malone at the police station on the Sunday evening of the confession of Monday Mc Farland, in which the officer said that they had put Monday into the sweatbox and scared the confession out of him.

Medical Authorities Go In.

The defense introduced a large number of medical authorities bearing on the conditions found in the brain, including Colonel Philpott's now celebrated "arbor vita, the tree of life." and the similarity of symptoms of compression and morphine poisoning.

Also a transcript of proceedings in the preliminary hearing, showing that Walstrom was released.

Colonel Stephney's Perchant for Cawes.

Officer Malone cam in at this point with the cane for which Colonel Philpott had asked, having gone home after it. It was the one Monday had carried after the assault.

P. J. Stephney was called and said he was a cousin of Monday McFarland. The cane was shown him and he said he thought he had had that cane alone last summer; McFarland had complained of having the rheumatism and had got the cane of witness about last September.

The defense offered the cane in evidence and the state objected as it was immaterial, there being no claim that it was the can Monday McFarland had on the night of the assault or that it had any special relation to the commission of the crime.

Upon cross-examination Stepney said he had picked the cane up "somehwere's down about the house," his sister's house, sometime last spring, and used it last summer. Didn't know who it belonged to or where it came from; gave it to Monday right after the state fair one evening. Hadn't seen the can before since the assault; didn't know where this can was purchased or who purchased it. Thought it was the same cane. Also had another cane at his shop; didn't tell Malone that that one was McFarland's; a boy names Hilderbrand left it there after witness gave his own cane to Monday. Witness said he was a cripple and had to carry a cane.

The state undertook to ask him if the overcoat he was then wearing was not the coat Monday had worn on the night of the assault, but the question was not permitted. It was the same, however.

Dennis Sheedy Put Up for It.

Coroner Holyoke was called and said that he conducted the Sheedy inquest; had a portion of the check bone taken from John Sheedy's head at that time. It was the bone that was partially broken loose from the skull. He said it required considerable force to remove it at the postmortem. It was offered in evidence.

He was examined as to the autopsy and knew the heart was enlarged; couldn't say that it was fatty degeneration, as he had not examined it with a microscope and fatty regeneration would not be detected accurately with the naked eye.

He told in detail of having taken the stomach to Professor Vaughn for Analysis and after a contest between the arrayed forces of attorneys the witness was permitted to state that Dennis Sheedy had told him to go ahead and have the examination made and that he would contribute to the extent of $200 himself and the county commissioners had agreed to pay $50. John Fitzgerald had paid witness his expenses for taking the stomach to Chicago upon an order from Mr. Hall.

This closed the testimony for the defense at 4:50 came the impressive announcement from Mr. Strode:

"The defense rests."

Bradeen Was With Gleason

George W. Bradeen was called in rebuttal by the state: was slightly acquainted with John Sheedy; knew William Gleason: was in the club rooms over 124 North Tenth street on the night of the Sheedy assault; William Gleason was in the rooms over the Ivy Leaf, from a little before 7 o'clock until nearly 9 o'clock that night; saw Ab Carder there that evening. Gleason and witness were there at the time and had some conversation with Carder; a man came up and told of the assault on Sheedy, just as Gleason went out.

Cross-examined the witness said that there was gambling going on in that room. He declined to answer the question as to who was running the room, on the ground that it would criminate himself. He denied that any ill feeling existed between himself and Sheedy at that time; there had been, but it had been settled.

"Did you not go past Gus Sanders saloon about 3 o'clock in te morning after the assault?"

"I belive I did."

"What did you see going on there?"

"I don't remember that I saw anything."

Didn't you see Gus Sanders and other parties in his private office looking over some papers?"

The state objection was sustained.

Witness said he did not fo to the Sheedy residence that night of the assault and had certainly not told W. W. Carder that he did go there because he had some interest in the event. Neither had he ever told W. W. Carder that Ab Carder's former testimony was about correct.

Carles E. Alexander testified that he was police reporter on THE STATE JOURNAL, and knew W. W. Carder for two years: had had a conversation with W. W. Carder the week following the Sheedy murder in which Mr. Carder had told him that the cane found at Sheedy's place was not his cane.

Mr. Strode endeavored to show that the witness had been governed in his reports of the preliminary hearings by the dictation of certain gamblers, but signally failed in the absurd endeavor.

Hongland Tald With Carter.

Henry V. Hoagland was called and said that W. W. Carder told him at the Capital hotel on the Sunday night following the assault, in the presence of J. D. Wright, that the cane found at the Sheedy residence was not his can: that it was thought at first was but that it wasn't. Witness had joked Carder about being the man who struck Sheedy, as the can had been identified as his. Carder said it was a mistake.

Fullington Was With Gleason

Andson Fullington was called and corroborated the testimony of Bradeen. He said that Gleason was in the room over the Ivy Leaf on the night of the assault; Gleason came there from 6 to 6:30 and left at nearly 9 o'clock. Remembered that it was that night it was that night because it had been claimed that gamblers did it, and Ad Carder had come in and told of the assault on Sheedy: Ad Carder had talked to Gleason; couldn't remember who came in first that night, Gleason or Bradeen; Gleason went out first. Didn't remember how Ab Carder was dressed. Witness was sure that Frank Williams was in that room that night: didn't remember when he came or when he left; didn't remember when he came or when he left; didn't remember that there was any playing there that night.

Fred Miller Remembered Something.

Fred A. Miller, day sergeant of police, testified that he had a conversation with W. W. Carder in which the latter stated that he had a first thought that the can was his, but that he couldn't identify it as the one he lost.

The defense endeavored to show by Mr. Miller that he, himself, had identified the cane, but were not permitted to do so.

An Authority on Moonshine.

Mr. Lambertson offered an almanac showing when then the moon rose on the 9th day of December, the night of the first assault, and the court allowed it to go in spite of the objections of the defense that it had not been identified as a standard scientific authority.

The state said that it had but two or three more witnesses to offer in rebuttal, but further proceedings were foregone until 9 a. m. to-day, when the odds and ends of all the evidence will be closed up during the morning session. There will probably be no afternoon session.

The Case to be Argued Next Week.

The argument of the case will begin bright and early Monday morning on the fourth week of the trial. Mr. Snell will make the opening argument, and it will probably take two days to hear them all. Mr. Hall will sandwich an argument in between those for the defense and Mr. Lambertson will close, Messrs, Stearnes and Strode will take for Mrs. Sheedy and Colonel Philpott and Mr. Woodward for Monday McFarland. The attorneys for the state expect to consume about two hours each. The defense will doubtless dip into the future much more liberally.

THE SEA SICK PASSENGER

On the ocean cares little about a storm. He is positively indifferent whether he is washed overboard or not. But set right by a wine glassful or two of Hostetter's Stomach Bitters, he feels renewed interest in his personal safety. This fine corrective neutralize in brackish water---often compulsory drank on shipboard to the grievous detriment of health the pernicious purities which give rise to disorders of the [??????????????????????????rest of the paragraph?????????????????]

GERMAN EVANGELICAL SYNOD.

The Second Conference of the Nebraska District Now in Search.

The second conference of the Nebraska district of the German Evangelical synod of North America met at the Evangelical church, corner Thirteenth and V streets, yesterday morning and will be in session until Tuesday. Divine services were had yesterday morning by Rev. P Spedel of Seward and during the afternoon the president, Rev. G. Lutnernau of Osage Neb. made his annual report after which the conference processed to appoint the usual committees and other routine business.

There are nineteen ministers from various points in Nebraska present and eighteen delegates representing eighteen congregations in Nebraska. Divine services will be help every evening at 7:30 and on Sunday at 10 a. m., 2:20 p. m., and 7:30 p. m.

On Sunday afternoon the so called missionary festival will be held in the church and everybody is invited to attend.

When Baby was sick, we gave her Castoria.
When she was a Child, she cried for Castoria.
When she became Miss, she clung to Castoria.
When she had Children, she gave them Catoria.

FRESH FISH

All kinds constantly on hand at A. Booth Packing Company, 1925 P street.

Order Ice of the Lincoln Ice company 1040 O street. Telephone 225.