| 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
[image]
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.
---------------
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.
[image] [image]
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 Mrs. Sheedy. Sheedy did not sleep any at that time and the powder seemed without effect. Mrs. Sheedy gave the secpnd dose as the first, witness being present, but it had no effect, for patient threw it up. Last does was given given about 1 o'clock, but he had been away several times ; Mrs. Sheedy was in charge and there were several people there all the time among them Dennis Sheedy, a newphew. The doses given would not affect the pupils of the eye. The last dose of sulphinal was given about 1 o'clock by Mrs. Sheedy, administered in a cup of coffee ; coffee was in the kitchen was in kitechen to tell her not to put sugar in coffee. He was in bed room door. six feet from bed ; when dose was given by Mr. Sheedy.
Witness did not know what the coffee contained ; he ordered sulphinal put in but did not see it, as he left room.
Witness had coversation with Mrs. Sheedy but notthing was ventured as to who could have struck Sheedy ; nothing touching anything of this kind was mentioned by either. At four o'clock a peculiar breathing was noticed by witness; this was noticed first by Dennis Sheedy, who was in sitting room. He was surprised because he had not anticipated this condtion, and upon examination found him unconsious. His breathing was forty-six per minute and pulse beating at 140 ; the eyes were closed there was considerbale perspiration over the body. Witness tried to administer whiskey to arouse hin but patient could not atke it. A normal pulse is 75 to 80 ; his temperature was 100, even, and his pulse had been runing from 88 to 90, caused by nervousness. Witness' opinion was that this breathing and labor was caused by hemorrhage at the base of the brain ; this condtition could not be produced by the sulphinal.
Dr. Everett was then called in. The opinion of both physicinas was that this condtition was caused by hemirehage.
The opinion of the witness is that the death of John Sheedy was produced by the concussion from the blow on the head. A conference of six physicians was held next morning (Monday) and the general opinion was in accord with that of witness and Dr. Everett. Tripaning was advocated by some but this was given up. Witness recognized symptoms afterwards of morphine poisonig. but not at that time these being supor and contraction of pupil of eye. The witness was in attendance at the autopsy and examined the brain. finding in it a little more fluid than abonormally. The part of the brain likely to have been mostly affected by concussion was not examined.
The condition at the time of the autopsy was not what was expected. As to finding of morphine in stomach in casse like this witness thought the chances of finding traces would depend upon the quantity given, Counsel Strode examined the witness for the defense and these things were reiterated in the main without variation. After medicine had been given by Mrs. Sheedy by instruction from witness no evidence of poison was noticed. Witness was asked if he had tasted the coffee-prepared for Sheedy by Mrs. Sheedy and said he couldn't remember but did not think he did. Sulphinal produces soft. easy sleep, and not the labored rest noticed by witness in patient about 4 o'clock. If a deathly dose of morphine had been given at 1 o'clock it would have been noticed by 2 o'clock, though symptoms of patinent would have been dilated eyes, contracted or paralyzed nerves. ect., as noticed in this patient; but no best knowledge of witness no medicine was administered by anyone between 1 and 4 o'clock. There was nothing out of the ordinary noticed by witness in the conduct of Mr. Sheedy at the time of this heavy breathing, beyond slight agitation as of worry over this condition of her husband. She seemed to do everything possible to add to his comfort. At post mortem examination witness noticed evidence of former wounds as if from a bullet. Morphin would affect the nervous system the same way as this concussion of the brain, the witnese testified. No indication of hemorage of the brain was found at the post mortem. Fluid was noticed on the brain. Morphine producess more fluid or moisture on the brain than there would naturally be. It would also decrease respiration, as noticed in Sheedy's case. Fatty degeneration of the heart was noticed at the autopsy ; this would affect a strong healthy man in differnet ways. according to the habits of the man. In this case Sheedy;s chances of life were lessened considerably ; might have produced death at
any time. The other organs were in fairly good condition but a large gallstone was found in the bladder. This weakened cicrlation to some extent, and gave evidence of liver troubles.
This was practically the extent of the examination of Dr. Hart, though recess was taken until 2 o'clock this afternoon when he was placed on the stand to answer a few remaining question by the defense.
---------------
This Afternoon
At the conclusion of Dr. Hart's testimony ex-Mayor R.B. Graham was called to the stand, Mr. Graham was called at this time owing to the fact that he is as a grand juror in the United States court. The witness testified that he knew Sheedy in life. but did not know McFarland until his arrest. Met him then in the city building in a private room. Met him again on Sunday following his arrest on Saturday in the same place. He went at the inviation of Marshal Meliick who siad McFarland wanted to make a confession.
M' FARLAND S CONFESSION
Thereupon Judge Weir arose and spoke to court , begging to suggest that this was objectionable and that it is a rule of law that to make confessions competent they must be shown to be voluntary---perfectly free and candid.
Therefore the objection was made on the ground that there had be no ground laid to make it competent, confession of McFarland was exorted from him by threats on the part of the mayor, the marshal and a policeman, and on the promises of these men. Counsel for the state had not shown that that confession was voluntary, had not confromed to the rule of law in regard to the compertney of the confession, therefore objection was raised.
In response Counsel Hall cited authorities holding that confessions are prima facia voluntary and it is for the defense to show this confession was not voluntary ; moreover it could be brought out on cross-examination.
Counsel Weir cited a different authority and spoke at leanght upon the question of confession and ended by holding that this witness stated that McFarland made a confession. Mr. Weir also stated that it would be shown by witnesses on the part of the defense that this confession was secured in this way.
As THE CALL'S forms closed the question of the admittance of the confession was still being considered by the judge.
------------------------
TO THE PRESIDENT.
-----------
Arrangemnts for a Royal
Reception.
Where the Line of Maroh
Will Be and and
Promgrmme.
---------------
Lincoln Will Turn Out Royally to
Greet the President of
United States.
----------------
The Coming.
At 8:20 a. m., tomorrow morining the President of the United States will arrive in Lincoln and will be the guest of the city until 10 a. m All arrangements are complete for his reception in a fitting and patriotic manner. The following is the
ORDER OF ESCORT.
Detachment of mounted police.
Chief Marshall J. H. McCaly and asstansts.
Cadet band.
University cadets.
The presiendent, governor and mayor in carriage.
The governors staff.
Distinguished vistors and citizen committee in carriages.
Delegation from the young mens republican in carriages.
Detachment from the G. A. R.
Company D Nebraska natinal guards.
The line of march is as follows :
O street and Fifteenth, south to K, returning on J street to Eleventh thence to P street on P to the depot.
PROGRAM AT CAPITOL GROUNDS.
Address by the Governor (5 minutes).
Address by the Mayor (5 minutes).
Response by the president.
Presentation on the part of Nebraska travelling men of an address emossed on the stain.
Presentation of address embossed on stain on the part of the childern of the Parochial school.
The general committee urge that citizens take their postions for observation at K and Fifteenth streets and thence down K to O and west on O street, not going to the depot, as the salute will be hred at that point and it is desired to avoid all danger from a great crowd assembling there. There will be 4, 000 childern out to greet the president and it is the purpose of the committee to see to it that the childern have the first and best accommodations at the capitol grounds.
| 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
[image]
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.
---------------
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.
[image] [image]
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 Mrs. Sheedy. Sheedy did not sleep any at that time and the powder seemed without effect. Mrs. Sheedy gave the secpnd dose as the first, witness being present, but it had no effect, for patient threw it up. Last does was given given about 1 o'clock, but he had been away several times ; Mrs. Sheedy was in charge and there were several people there all the time among them Dennis Sheedy, a newphew. The doses given would not affect the pupils of the eye. The last dose of sulphinal was given about 1 o'clock by Mrs. Sheedy, administered in a cup of coffee ; coffee was in the kitchen was in kitechen to tell her not to put sugar in coffee. He was in bed room door. six feet from bed ; when dose was given by Mr. Sheedy.
Witness did not know what the coffee contained ; he ordered sulphinal put in but did not see it, as he left room.
Witness had coversation with Mrs. Sheedy but notthing was ventured as to who could have struck Sheedy ; nothing touching anything of this kind was mentioned by either. At four o'clock a peculiar breathing was noticed by witness; this was noticed first by Dennis Sheedy, who was in sitting room. He was surprised because he had not anticipated this condtion, and upon examination found him unconsious. His breathing was forty-six per minute and pulse beating at 140 ; the eyes were closed there was considerbale perspiration over the body. Witness tried to administer whiskey to arouse hin but patient could not atke it. A normal pulse is 75 to 80 ; his temperature was 100, even, and his pulse had been runing from 88 to 90, caused by nervousness. Witness' opinion was that this breathing and labor was caused by hemorrhage at the base of the brain ; this condtition could not be produced by the sulphinal.
Dr. Everett was then called in. The opinion of both physicinas was that this condtition was caused by hemirehage.
The opinion of the witness is that the death of John Sheedy was produced by the concussion from the blow on the head. A conference of six physicians was held next morning (Monday) and the general opinion was in accord with that of witness and Dr. Everett. Tripaning was advocated by some but this was given up. Witness recognized symptoms afterwards of morphine poisonig. but not at that time these being supor and contraction of pupil of eye. The witness was in attendance at the autopsy and examined the brain. finding in it a little more fluid than abonormally. The part of the brain likely to have been mostly affected by concussion was not examined.
The condition at the time of the autopsy was not what was expected. As to finding of morphine in stomach in casse like this witness thought the chances of finding traces would depend upon the quantity given, Counsel Strode examined the witness for the defense and these things were reiterated in the main without variation. After medicine had been given by Mrs. Sheedy by instruction from witness no evidence of poison was noticed. Witness was asked if he had tasted the coffee-prepared for Sheedy by Mrs. Sheedy and said he couldn't remember but did not think he did. Sulphinal produces soft. easy sleep, and not the labored rest noticed by witness in patient about 4 o'clock. If a deathly dose of morphine had been given at 1 o'clock it would have been noticed by 2 o'clock, though symptoms of patinent would have been dilated eyes, contracted or paralyzed nerves. ect., as noticed in this patient; but no best knowledge of witness no medicine was administered by anyone between 1 and 4 o'clock. There was nothing out of the ordinary noticed by witness in the conduct of Mr. Sheedy at the time of this heavy breathing, beyond slight agitation as of worry over this condition of her husband. She seemed to do everything possible to add to his comfort. At post mortem examination witness noticed evidence of former wounds as if from a bullet. Morphin would affect the nervous system the same way as this concussion of the brain, the witnese testified. No indication of hemorage of the brain was found at the post mortem. Fluid was noticed on the brain. Morphine producess more fluid or moisture on the brain than there would naturally be. It would also decrease respiration, as noticed in Sheedy's case. Fatty degeneration of the heart was noticed at the autopsy ; this would affect a strong healthy man in differnet ways. according to the habits of the man. In this case Sheedy;s chances of life were lessened considerably ; might have produced death at
any time. The other organs were in fairly good condition but a large gallstone was found in the bladder. This weakened cicrlation to some extent, and gave evidence of liver troubles.
This was practically the extent of the examination of Dr. Hart, though recess was taken until 2 o'clock this afternoon when he was placed on the stand to answer a few remaining question by the defense.
---------------
This Afternoon
At the conclusion of Dr. Hart's testimony ex-Mayor R.B. Graham was called to the stand, Mr. Graham was called at this time owing to the fact that he is as a grand juror in the United States court. The witness testified that he knew Sheedy in life. but did not know McFarland until his arrest. Met him then in the city building in a private room. Met him again on Sunday following his arrest on Saturday in the same place. He went at the inviation of Marshal Meliick who siad McFarland wanted to make a confession.
M' FARLAND S CONFESSION
Thereupon Judge Weir arose and spoke to court , begging to suggest that this was objectionable and that it is a rule of law that to make confessions competent they must be shown to be voluntary---perfectly free and candid.
Therefore the objection was made on the ground that there had be no ground laid to make it competent, confession of McFarland was exorted from him by threats on the part of the mayor, the marshal and a policeman, and on the promises of these men. Counsel for the state had not shown that that confession was voluntary, had not confromed to the rule of law in regard to the compertney of the confession, therefore objection was raised.
In response Counsel Hall cited authorities holding that confessions are prima facia voluntary and it is for the defense to show this confession was not voluntary ; moreover it could be brought out on cross-examination.
Counsel Weir cited a different authority and spoke at leanght upon the question of confession and ended by holding that this witness stated that McFarland made a confession. Mr. Weir also stated that it would be shown by witnesses on the part of the defense that this confession was secured in this way.
As THE CALL'S forms closed the question of the admittance of the confession was still being considered by the judge.
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TO THE PRESIDENT.
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Arrangemnts for a Royal
Reception.
Where the Line of Maroh
Will Be and and
Promgrmme.
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Lincoln Will Turn Out Royally to
Greet the President of
United States.
----------------
The Coming.
At 8:20 a. m., tomorrow morining the President of the United States will arrive in Lincoln and will be the guest of the city until 10 a. m All arrangements are complete for his reception in a fitting and patriotic manner. The following is the
ORDER OF ESCORT.
Detachment of mounted police.
Chief Marshall J. H. McCaly and asstansts.
Cadet band.
University cadets.
The presiendent, governor and mayor in carriage.
The governors staff.
Distinguished vistors and citizen committee in carriages.
Delegation from the young mens republican in carriages.
Detachment from the G. A. R.
Company D Nebraska natinal guards.
The line of march is as follows :
O street and Fifteenth, south to K, returning on J street to Eleventh thence to P street on P to the depot.
PROGRAM AT CAPITOL GROUNDS.
Address by the Governor (5 minutes).
Address by the Mayor (5 minutes).
Response by the president.
Presentation on the part of Nebraska travelling men of an address emossed on the stain.
Presentation of address embossed on stain on the part of the childern of the Parochial school.
The general committee urge that citizens take their postions for observation at K and Fifteenth streets and thence down K to O and west on O street, not going to the depot, as the salute will be hred at that point and it is desired to avoid all danger from a great crowd assembling there. There will be 4, 000 childern out to greet the president and it is the purpose of the committee to see to it that the childern have the first and best accommodations at the capitol grounds.
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