93

The Lincoln Daily Call.

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

ADMITTED THE CONFESSION.

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

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

THE CROWD AT THE COURT HOUSE STILL CONTINUES TO INCREASE.

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

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

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

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

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

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

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

WAS LOOKING FOR A MOB

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

ATTOURNEY W. H. WOODWARD.

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

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

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

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

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

THE JUDGE'S RULING

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

AN APPEAL OF THE CASE

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

MYSTERIOUS MOVEMENTS

of mysterious personages about the court house lobbies and in convenient nooks wehre the jury passes in and out, as well as eat their meals, has caused an inducement of talk and speculation among interested officials in the last two days and it is likely that an arrest or two will be made unless things change. It is known to one or two that there have been imported detectives camping here ince the trial begun and the actions of these fellows leads to a suspicion that may be run down. It is not quite plain just what their object could be even if they got a moment's chat with any of the jury, as they have been strenuously endeavoring to do, but it is quite certain they are working a mighty rocky road just now. It may and it may not mean anything in particular, but James Malone was a loiterer in the corridors of the court house Tuesday night. He had started to attend a meeting of the presidential committee and was "mistaken in the place."

This Morning.

The interest awakened in the attorneys on either side, coupled with a deeper probing into the case and teh attendant discussion and sensational confession have all combined to bring interest in the Sheedy murder trial up to a fever heat and the court house is now thronged, even into the corridors. But today's crowd exceeded them all. There were in the audience this mornign, however, fewer females than heretofore.

A TRIO OF JURORS.

Myron E. Wheeler, the stenographer, was recalled and asked to read the confession of Monday McFarland.

The state moved that the confession be read in full, save as to questions formerly discussed by counsel and court touching certain parts.

Counsel Strode objected. If any part was excluded he wanted all excluded.

Mr. Hall did not want the prosecution to be bound by the statemnts made by Dennis Sheedy.

Judge Weir raised the point that witness was not permitted t oread the confession, but rather to repeat from memory and use his memory only. He cited this as a rule of law as to written confessions.

This objection was sustatined and the witness permitted to use his original notes to refresh his memory.

Mr. Strode again objected to the reading on the ground that it was unfairly obtained. This was overruled and the witness began the reading of Monday McFarland's Confession.

It was a voluminous document, the contents being virtually that which has before been published in THE CALL and other papers and which, "boiled to the bone" and eliminated of its objectionable language is in substance as follows:

McFarland stated he had acted as hair dresser for Mrs. Sheedy for several years, became on friendly terms with her and she became agreeable to him and claimed to bear him more than a friendly feeling, confiding to him her domestic affairs and entering into unholy intimacy with him. Mrs. Sheedy made the proposition to him in November to murder her husband, he refused, but under the treat that she would kill him agreed to do it. She wasted the job done as quickly as possible and he agreed to do it before Christmas. McFarland brooded over the commission and begun to weaken, but he visited Mrs. Sheedy unkown to her husband and his courage was braced up. He made the first attempt to take Sheedy's life on December 19th. This was fruitless. He had filled himself with whisky and hid beside the front grade at the Sheedy home, he was laying in wait for Sheedy who, with Mrs. Sheedy, was at the [musee?]. The two approached him from the opposite direction from which he expected them. he fired his revolver to frightedn Sheedy and escaped by the back yard. The next time he met Mrs. Sheedy they discussed the matter of putting Sheedy out of the way again and agreed to have it done before New Year's day. They decided to abandon the use of a revolver and to kill him with a blow. Mrs. Sheedy gave him money with which to buy a heavy cane. He went to Goldwater's pawn shop on the ninth of January and purchased a heavy leather covered cane. This he hid until the Sunday night when the job was to be done. On the fated night after dark he took the cane with him and met Mrs Sheedy on the back porch. She said the job must be done that night. She gave him fifty cents to buy whatever whiskey with told him that if he got him to bed she would finish him. He then went to Twenty-third and O street and at a drug store bought whisky, came back and was again met by Mrs. Sheedy who told him her husband was about to go out that he should take his place on the front porch. When her husband was starting out she would raise the curtain as a signal and he should then hit him as he stepped outside. She then gave him a goblet of whiskey which he drank. He then took his position, hit Sheedy with the cane as he came out and ran away, Sheedy firing at him as he ran. He went to Thirteenth and O where his family were visiting, took them hime and then went to a gambling joing. The nex tday he was drunk; he bought another casne to take the place of the one he had lost. Once after the killling he had called at the house after night for the purpose of getting $500 that she had promised him for doing the job but Mrs. Sheedy did not see him. He was to get the money when the estate was settled. The next day he was arrested.

As to the shooting at Sheedy previous to the assault that resulted in his death the confession embodied McFarland's statements to Dennis Sheedy that he had fired the shot but it wsa not intended to hit its mark, as he was at the Sheedy residence at the time waiting to see Mrs. Sheedy and the pair came upon him unawares and fearing discovery tired to blind Sheedy, using a revolver that had been borrowed.

The confession was read to the jury by Stenographer Wheeler in a tone so lo as to vex the crowd of curious men who had congregated in the court room to hear this particular reading.

The jury were all attention throughout the reading and evinced a deep interest.

During the reading of the confession

MRS. SHEEDY

sat in an immovable position between her sisters her eyes fixed on the northeast corner of the room, her face blanched and lips set. Mrs. Baker and Mrs. Morgan sat with heads bowed upon their hands and eyes fastened upon the floor. Mrs. Dean was apparently but little bothered by the reading. McFarland found means of employing his eyes in gazing in a mechanical vacant sort of way upon the pile of law books on the attourneys' tables.

It was not until that portion of the confession relating to the intimacy of the defendants that the sisters of Mrs. Sheedy showed plain signs of emotion. Then the tears seemed to flow freely, to their great relief. Mrs. Sheedy meanwhile had fastened her eyes upon the jury and with a solid glare watched their every movement as if to divine the impression the disclosures made.

Wm. Splain called to the stand: In January he was a police officer. He knew Monday McFarland and passed a few words with him on Sunday night after his arrest in the prisoner's cell about 8 o'clock. The conversation came up by McFarland calling witness when passing through the corrdior as special guard, and saying "That is what I wanted to say; I woul das soon told you as anybody." He also had a conversation with the prisoner on Saturday night in the cell concerning the murder, but did not caution him in any way, Jim Malone also spoke to the prisoner during that night or morning. Mr. Hall asked what McFarland said to witness on Sunday morning concerning the murder. Witness said the prisoner would walk up and down the cell as he wanted to tell something, and that was the extent of their conversation at that time. In the evening he saw Monday again and the prisoner volunteered to converse and talked about how he used to go over to Sheedy's. The witness thought that McFarland was more composed on Sunday evening than an Saturday night or Sunday morning. On Sunday morning between six and seven, the prisoner was very nervous and complained of his head burning.

S. M. Melick was next called and examination opened by the state. Witness had a conversations with McFarland on the morning of Sunday following his arrest on the night before [?] the cane, saying he had bought it from an unknown man from the Black Hills. He was shown the cane and at first said it was his, then said it was either the one he owned or one just like it. The cane was left at police station the morning after the assault upon Sheedy. McFarland said to him that one of the other barbers saw him deliver the cane to the man from the Black Hills. Witness told the prisoner this was a mistake and suggested that he make a clean breast of it as the officers had evidence enough to convict. Prisoner then protested innocence and claimed and knowledge of the crime. This was at 7 p. m. Saturday.

Examined by defense: Witness had never seen the cane previous to the morning after the assault on John Sheedy. Witness could not remember whether or not he told McFarland it "would be much easier for him to make a full breast of it."

Officer Kinney took the stand. Has been in police service three years and was at the residence of the Sheedys on the night of the assault upon John Sheedy. Was nearly on the corner of the Burr block when he heard five shots fired. Officer Otto was with him. He made for the scene immediately. Went by the alley between Sheey's residence and Burr block, then retraced to the alley, having met Henry Krouse in the Sheedy yard and was told the man had escaped through the alley to Fifteenth street, but saw no one and came back. Went to Skinner's barn, got a lantern and on the east porch found the cane (identified as the one in court.) Did not go in the house at that time, but first man met at dose was Courtnay. Found bullet in lattice-work. Witness saw Mr. Sheedy and the doctors, but thought no conversation was bad. Also saw Mrs. Sheedy but did not talk to her. Witness gave the cane to officer Otto on that night.

The state then offered the cane in evidence and objections were stated by the defense on the ground that it was not properly identified. This was overruled and the witness was cross-examined by Mr. Philpott. Witness stated the place about the house was quite dark when the officers arrived. There were possibly ten people there when witness reach the house and found the cane. The cane was midway between the sitting-room and kitchen doors. Witness got the lantern to find traces of blood, as there was insufficient light on the premises. The light from the window of the Sheedy house was sufficient for one to see a man on the porch. Mr. Philpott sought to question Kinney relative to McFarland and Malone's conversations, but objections were raised by Mr. Lambertson, whereupon the ire of Mr. Philpott was incurred and he dared the state to question him relative thereunto henceforth. The prosecution coudl not take a dare and so asked the witness to state all that McFarland had said to him while on duty at the jail. Objection was raised as to form and sustained. Put differently, it was brought out by the prosecution. Witness was called into the cell by McFarland, and Malone and Carder were present. He spoke of it to them and Carder objected to anyone going in, according to the orders of the mayor, but Malone got the keys, saying he was in charge of the prisoner and they went in. McFarland went on to state that he was offered some money from Mrs. Sheedy and the end was with him either way and he was going to tell it. Witness told him that was right and the prisoner continued his confession, giving the same as above printed.

The prisoner told witness he was to get $5,000 for this job. Cross-examined: Witness stated Malone was present from balf to three-quarters of an hour Malone got the keys to admit them to the prisoner's cell. Capt. Carder did not want anyone there. Witness could not remember what he had stated at the court below. He did believe he told McFarland he would get off easier to "give up" the others implicated. Did hear Monday speak of fear of a mob.

THIS AFTERNOON.

The first witness on the stand was Goldwater, the pawnbroker, who identified the cane as one he sold in '88 and finally got it back again. The cane was identified by its repaired head or butt, having been fixed by his son. The witness testified that he sold it to McFarland, who came to his place in December looking for such a cane, but it being hard to find he returned in January and paid 90 cents for it, there remaining 10 cents. This was only a short time before the assault upon Sheedy. Witness saw it on the Saturday morning after the assault at his place of business.

Cross-examined by Philpott -

Witness said this was the only cane of its kind he ever sold, being the first sold to be E. B. Taylor. The cane was new when bought in 1889. Witness testified Malone brought the cane to his pawn shop after the assault and asked him if he could identify the cane; witness told Malone not to bother him with the cane for he did not want to become a witness in an cany case, for he already had too many enemies.

MALONE OFFERS $200.

Witness denied that Malone had told him that he would give him $200 to identify the cane.

Mr. Stearns, "Did Malone offer you anything to identify the cane?"

Goldwater. "Not to me."

"Who did he offer to give $200?"

"I don't know."

"Did he offer your boy any money?"

"You will have to ask my boy."

"Now Mr. Goldwater, did you not state to L. C. Burr in the presence of John H. Hart

The first witness

The Lincoln Daily Call.

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

ADMITTED THE CONFESSION.

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

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

THE CROWD AT THE COURT HOUSE STILL CONTINUES TO INCREASE.

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

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

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

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

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

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

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

WAS LOOKING FOR A MOB

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

ATTOURNEY W. H. WOODWARD.

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

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

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

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

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

THE JUDGE'S RULING

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

AN APPEAL OF THE CASE

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

MYSTERIOUS MOVEMENTS

of mysterious personages about the court house lobbies and in convenient nooks wehre the jury passes in and out, as well as eat their meals, has caused an inducement of talk and speculation among interested officials in the last two days and it is likely that an arrest or two will be made unless things change. It is known to one or two that there have been imported detectives camping here ince the trial begun and the actions of these fellows leads to a suspicion that may be run down. It is not quite plain just what their object could be even if they got a moment's chat with any of the jury, as they have been strenuously endeavoring to do, but it is quite certain they are working a mighty rocky road just now. It may and it may not mean anything in particular, but James Malone was a loiterer in the corridors of the court house Tuesday night. He had started to attend a meeting of the presidential committee and was "mistaken in the place."

This Morning.

The interest awakened in the attorneys on either side, coupled with a deeper probing into the case and teh attendant discussion and sensational confession have all combined to bring interest in the Sheedy murder trial up to a fever heat and the court house is now thronged, even into the corridors. But today's crowd exceeded them all. There were in the audience this mornign, however, fewer females than heretofore.

A TRIO OF JURORS.

Myron E. Wheeler, the stenographer, was recalled and asked to read the confession of Monday McFarland.

The state moved that the confession be read in full, save as to questions formerly discussed by counsel and court touching certain parts.

Counsel Strode objected. If any part was excluded he wanted all excluded.

Mr. Hall did not want the prosecution to be bound by the statemnts made by Dennis Sheedy.

Judge Weir raised the point that witness was not permitted t oread the confession, but rather to repeat from memory and use his memory only. He cited this as a rule of law as to written confessions.

This objection was sustatined and the witness permitted to use his original notes to refresh his memory.

Mr. Strode again objected to the reading on the ground that it was unfairly obtained. This was overruled and the witness began the reading of Monday McFarland's Confession.

It was a voluminous document, the contents being virtually that which has before been published in THE CALL and other papers and which, "boiled to the bone" and eliminated of its objectionable language is in substance as follows:

McFarland stated he had acted as hair dresser for Mrs. Sheedy for several years, became on friendly terms with her and she became agreeable to him and claimed to bear him more than a friendly feeling, confiding to him her domestic affairs and entering into unholy intimacy with him. Mrs. Sheedy made the proposition to him in November to murder her husband, he refused, but under the treat that she would kill him agreed to do it. She wasted the job done as quickly as possible and he agreed to do it before Christmas. McFarland brooded over the commission and begun to weaken, but he visited Mrs. Sheedy unkown to her husband and his courage was braced up. He made the first attempt to take Sheedy's life on December 19th. This was fruitless. He had filled himself with whisky and hid beside the front grade at the Sheedy home, he was laying in wait for Sheedy who, with Mrs. Sheedy, was at the [musee?]. The two approached him from the opposite direction from which he expected them. he fired his revolver to frightedn Sheedy and escaped by the back yard. The next time he met Mrs. Sheedy they discussed the matter of putting Sheedy out of the way again and agreed to have it done before New Year's day. They decided to abandon the use of a revolver and to kill him with a blow. Mrs. Sheedy gave him money with which to buy a heavy cane. He went to Goldwater's pawn shop on the ninth of January and purchased a heavy leather covered cane. This he hid until the Sunday night when the job was to be done. On the fated night after dark he took the cane with him and met Mrs Sheedy on the back porch. She said the job must be done that night. She gave him fifty cents to buy whatever whiskey with told him that if he got him to bed she would finish him. He then went to Twenty-third and O street and at a drug store bought whisky, came back and was again met by Mrs. Sheedy who told him her husband was about to go out that he should take his place on the front porch. When her husband was starting out she would raise the curtain as a signal and he should then hit him as he stepped outside. She then gave him a goblet of whiskey which he drank. He then took his position, hit Sheedy with the cane as he came out and ran away, Sheedy firing at him as he ran. He went to Thirteenth and O where his family were visiting, took them hime and then went to a gambling joing. The nex tday he was drunk; he bought another casne to take the place of the one he had lost. Once after the killling he had called at the house after night for the purpose of getting $500 that she had promised him for doing the job but Mrs. Sheedy did not see him. He was to get the money when the estate was settled. The next day he was arrested.

As to the shooting at Sheedy previous to the assault that resulted in his death the confession embodied McFarland's statements to Dennis Sheedy that he had fired the shot but it wsa not intended to hit its mark, as he was at the Sheedy residence at the time waiting to see Mrs. Sheedy and the pair came upon him unawares and fearing discovery tired to blind Sheedy, using a revolver that had been borrowed.

The confession was read to the jury by Stenographer Wheeler in a tone so lo as to vex the crowd of curious men who had congregated in the court room to hear this particular reading.

The jury were all attention throughout the reading and evinced a deep interest.

During the reading of the confession

MRS. SHEEDY

sat in an immovable position between her sisters her eyes fixed on the northeast corner of the room, her face blanched and lips set. Mrs. Baker and Mrs. Morgan sat with heads bowed upon their hands and eyes fastened upon the floor. Mrs. Dean was apparently but little bothered by the reading. McFarland found means of employing his eyes in gazing in a mechanical vacant sort of way upon the pile of law books on the attourneys' tables.

It was not until that portion of the confession relating to the intimacy of the defendants that the sisters of Mrs. Sheedy showed plain signs of emotion. Then the tears seemed to flow freely, to their great relief. Mrs. Sheedy meanwhile had fastened her eyes upon the jury and with a solid glare watched their every movement as if to divine the impression the disclosures made.

Wm. Splain called to the stand: In January he was a police officer. He knew Monday McFarland and passed a few words with him on Sunday night after his arrest in the prisoner's cell about 8 o'clock. The conversation came up by McFarland calling witness when passing through the corrdior as special guard, and saying "That is what I wanted to say; I woul das soon told you as anybody." He also had a conversation with the prisoner on Saturday night in the cell concerning the murder, but did not caution him in any way, Jim Malone also spoke to the prisoner during that night or morning. Mr. Hall asked what McFarland said to witness on Sunday morning concerning the murder. Witness said the prisoner would walk up and down the cell as he wanted to tell something, and that was the extent of their conversation at that time. In the evening he saw Monday again and the prisoner volunteered to converse and talked about how he used to go over to Sheedy's. The witness thought that McFarland was more composed on Sunday evening than an Saturday night or Sunday morning. On Sunday morning between six and seven, the prisoner was very nervous and complained of his head burning.

S. M. Melick was next called and examination opened by the state. Witness had a conversations with McFarland on the morning of Sunday following his arrest on the night before [?] the cane, saying he had bought it from an unknown man from the Black Hills. He was shown the cane and at first said it was his, then said it was either the one he owned or one just like it. The cane was left at police station the morning after the assault upon Sheedy. McFarland said to him that one of the other barbers saw him deliver the cane to the man from the Black Hills. Witness told the prisoner this was a mistake and suggested that he make a clean breast of it as the officers had evidence enough to convict. Prisoner then protested innocence and claimed and knowledge of the crime. This was at 7 p. m. Saturday.

Examined by defense: Witness had never seen the cane previous to the morning after the assault on John Sheedy. Witness could not remember whether or not he told McFarland it "would be much easier for him to make a full breast of it."

Officer Kinney took the stand. Has been in police service three years and was at the residence of the Sheedys on the night of the assault upon John Sheedy. Was nearly on the corner of the Burr block when he heard five shots fired. Officer Otto was with him. He made for the scene immediately. Went by the alley between Sheey's residence and Burr block, then retraced to the alley, having met Henry Krouse in the Sheedy yard and was told the man had escaped through the alley to Fifteenth street, but saw no one and came back. Went to Skinner's barn, got a lantern and on the east porch found the cane (identified as the one in court.) Did not go in the house at that time, but first man met at dose was Courtnay. Found bullet in lattice-work. Witness saw Mr. Sheedy and the doctors, but thought no conversation was bad. Also saw Mrs. Sheedy but did not talk to her. Witness gave the cane to officer Otto on that night.

The state then offered the cane in evidence and objections were stated by the defense on the ground that it was not properly identified. This was overruled and the witness was cross-examined by Mr. Philpott. Witness stated the place about the house was quite dark when the officers arrived. There were possibly ten people there when witness reach the house and found the cane. The cane was midway between the sitting-room and kitchen doors. Witness got the lantern to find traces of blood, as there was insufficient light on the premises. The light from the window of the Sheedy house was sufficient for one to see a man on the porch. Mr. Philpott sought to question Kinney relative to McFarland and Malone's conversations, but objections were raised by Mr. Lambertson, whereupon the ire of Mr. Philpott was incurred and he dared the state to question him relative thereunto henceforth. The prosecution coudl not take a dare and so asked the witness to state all that McFarland had said to him while on duty at the jail. Objection was raised as to form and sustained. Put differently, it was brought out by the prosecution. Witness was called into the cell by McFarland, and Malone and Carder were present. He spoke of it to them and Carder objected to anyone going in, according to the orders of the mayor, but Malone got the keys, saying he was in charge of the prisoner and they went in. McFarland went on to state that he was offered some money from Mrs. Sheedy and the end was with him either way and he was going to tell it. Witness told him that was right and the prisoner continued his confession, giving the same as above printed.

The prisoner told witness he was to get $5,000 for this job. Cross-examined: Witness stated Malone was present from balf to three-quarters of an hour Malone got the keys to admit them to the prisoner's cell. Capt. Carder did not want anyone there. Witness could not remember what he had stated at the court below. He did believe he told McFarland he would get off easier to "give up" the others implicated. Did hear Monday speak of fear of a mob.

THIS AFTERNOON.

The first witness