164

TUESDAY

The Testimony Began.

Having concluded the long and tedious task of selecting a jury in the Sheedy case, at 3 o'clock yesterday afternoon, the remaining portion of the session was occupied in presenting the salient features of the famous criminal case to the jury, by the attorneys for the prosecution and defense. County Attorney Snell detalled the cricumstances atteding the assault upon, and later the death of John Sheedy on the evening of January 11th last, when he was murderously assaulted with a heavy cane, which the prosecution believes and will endevaor to prove was wielded by Monday McFarland at the instigation of Mrs. Mary Sheedy. wife of deceased. Mr. Snell reviewed the circumstances at consuderable length and in an address of great force and brulliance presented the cause of the state.
Messrs. Strode and Stearns, counsel for Mrs. Sheedy, and Col. Philpott in behalf of his client Monday. McFarland, sought to enlighten the jury by plausinble and eloquent explanations of the apparent condition that point to their clients as the persons concerned in the murder of Mr. Sheedy. Counsel Strode grew not only eloguent but dropped pathetically into poetry to express his pent up feelings for the fair defendant, whome he feelingly refered to as a " sad, pensive faced lady" resting in the shadow of a great and lasting sorrow.
Counsel for Mrs. Sheedy and McFarland claim the press is not giving them a fair shake in the reports furnshed of the trail, and affect to apprehend that an attempt is being made to manufacture public sentlment against them. " People may believe that we desire to betray Monday McFarland, " said Col. Philpott, " but time and our own actions will disprove all such ungenerous suspicions.
The trail has not yet fairly begun. Wait until we reach the intersting features and watch the final result, when out vindiction will come, anyway, we will receive our reward in heaven. The defense has been hampered at every turn by a hostile press ever since John Sheedy died," said Counsel Stearns.
" Prejudice against Mrs. Sheedy is widely entertained, as the result of the newspapers taking the stand they have, but if we can succeed in keeping the papers away from the jury during the progress of the trail, I feel no fear of the result."
Before the taking of testimony bagan this morning, Mr. Stearns asked the court to make a rule excluding all witnesses othern these undergoing examination upon the stand, from the court room while the trail is in progress. The court thereupon ordered all witnesses from the court room.
Col. Philpott objected to the induction of any testimony bearing upon the fourth count against Monday McFarland for the alleged reason that there is not sufficient evidence to establish the charge made in this court, under the statutes of Nebraska. Mr. Stearns made a similar objection for Mrs. Sheedy as retastes to the third count in the indictment against her. Both objections were promptly overruled, and exceptions taken.
The preilminary preparations having been concluded Dr. Hart, the first witness was called to the stand, and his examination begun by counsel Frank Hall, who questioned him at great length as following:
Reside in Lincoln and have been a practicing physicians for a period of six-teen years ; graduated from the Columbus, Ohio, college, and came to Lincoln from Martetta ; attended John Sheedy during his last illness ; know little about the general health of deceased. I reached the house about 7:30 on the evening of January 11 last ; heard the shot fired and drove in direction of the sound, which brought me to Sheedy's house, corner of P and Twelfth. There I was met by Mr. Carpenter, who told me that Sheedy had began shot and that I had been sent for ; Dr. Everett was there when I arrived ; found Sheedy occupying a chair just inside the bed room ; Dr. Evereet was examining the wound ; Mrs. Sheedy was also there; wound was above left eye. I asked Sheedy if they had been laying for him again. Eventally he appeared all right and said the wound did not pain him much. I examined the wound to see if the Skull had been fractured, but found no injury of the character at that time.
The wound was bleeding quite freely, as also was the left side of the nose. Sheedy sat in a chair whole Dr. Everett and myself dressed the wound. So far as observed at the time there was no fracture of the facial bones, but afterward we discovered that the jaw bone had been broken. Sheedy went to bed after the wound had been dressed. He required very little assistance in retiring. Before leaving the house Dr. Everett suggested giving Sheedy an oplate, but I objected, having noticed during a previous attendance upon the patient that opiates exerted an unfavorable influnce upon him. I remained at the house about fifteen mintes after the departure of Dr. Everett. I left about 8:30, and returned about 9:40. I found Sheedy rather nervous, and dicovered that he had been vomting considerably during my absence. This alarmed those in attendance as there was more or less blood in the vomit. His condition at 10:30 was about as might have been expected. I did not, at the time, regard the wound as a serious one. His only complaint was that his head hurt him. Mrs. Sheedy was waiting upon him at the time, and appeared to manifesta dispostion to do all she could to alleviate the sufferings of her husband. Before I took my departure Mrs. Sheedy asked me to return soon. I don't recollect to have said anything to Sheedy about his condition, but think he ventured the remark that he did not think he wound was a serious one. I was first told that Sheedy had been shot, but an examination of the wound shoed it had made with a blunt insrtument. Upon my return at 10 :30, I got thirty grains of sulfenal, a sleep-producing remedy, and gave it to him in three doses, ten grains at a time. I am familiar with the effects of the drug, having used it for two and a half years. Sulfunal has a sleep producing effect, and has no after effect. Morphine effects the circulation and repiration and produces vomting.
I noticed no effect produced by the sulfunal. He vomited up the first dose, as
he did another. There was no excessive labor in vomting. In my opinion the vomting resulted from the shock produced on his nervous system by the blow.
Mrs. Sheedy gave him the first dose of sulfunal, as she did the others. I stood at the bed side at the time. It was given in water, In doses of ten grains each. I told her how to give ; don't know where she got the water, but think there was a glass of water on the dresser at the time ; saw her put the sulfanal in the glass.
I as there when the first dose was given. Sheedy did not sleep any during the fist hour I was there. The drug produced no effect, nether at the first or second doses. Sulfunal operates slowly and the effect would be cause sleep.
He did vomit, and I think pretty well emptied the stomach. I was away from the house about twenty five minutes. Mrs. Sheedy and young Dennis Sheedy were left in charge of the patient during my absence. I went to the drug store to get hypodermic talets and afterwards went home to get my hypodermic syringe. I could not get the tablets and got morphine, intending to use if necessary. The largest dose of sulfunal I ever gave was forty grains. I regard sixty grains as a maximum dose. When I returned to the house they told me he had not vomitted to any extend during my absence. Sheedy was uneasy and kept moving the bedclothes. The center gaslight in the room as at the foot of in the bed occupied by Sheedy. The jet-were kept burning brightly part of the time and turned down a part of the time in order to give the patient an opportunity to sleep if possible. I did not give any medicine immediately upon enter ing the second time, but about 12 o'clock Mrs. Sheedy gave him the medicine in a cup of coffee. I saw the medicine put in the coffee. She was making the coffee when I went to the kitchen. I was in and about the house until 8 o'clock the next morning, was in the bed room and sitting room most of the time.
I requested that the light he turned down in the bed room hoping to induce sleep. Mrs. Sheedy was in the sitting room and bed room. I do not recall that she made any entended remark about the attempt upon the life of her husband. I heard five shots fired just prior to going to the Sheedy residence.
About 4 o'clock a.m . I heard heavy breathing. I went into the room to as certain his condition. I was considerably suprised, because I had not anticipated such trouble. I found him perfecly uncenscious and brathing five or six times a minute, and his pulse about 140. His eyes were closed and the body almost paralyzed. I tried to give him whisky, but he could not swallow it, owing to paralysis of the muscles of the throat.
Mrs. Sheedy followed young Dennis Sheedy and myself into the bed room. I examined his pulse. Prior to 10 o'clcok his pulse was about 85 to 90, The increase above the normal was caused the effect of the shock to his nervous system. This slow respiration was occasioned by n paralysis of the involuntary muscles of the stomach which produce respiration and his temperatture was just 100. My opinion at the time was that there was hemorrhage at the base of the brain, produced by the effect of the blow. In my opinion this hemorrhage could not be produced by the sulfunal. I told Mrs. Sheedy and Dennis that I did not like the symptoms. Mrs. Sheedy appeared rather uneasy and anxious. The function of the body were entirely suspended at the time. Sheedy was lying upon his back in the same condition I had left him at 1 o'clock. I summoned Dr. Everett and we made an examination. I went after Dr. Everett, I tod him there were symptoms of pressure at the base of the brain on the part of the paitent, and he went at once with me to the Sheedy residence. We were unable to relieve him. My opinion is that Sheedy died from the effects of the concussion of the blow received upon the head. Dr. Mitchell, Dr. Woodward, Dr. Winnett and others held a conference on the case Monday at the Sheedy residence.
The result of the confernce was that the other physicans conlcded in the opinion held by myself and Dr. Everett.
I reconized no symptoms of morphine poinsoing at the time, but later recalled sympotms that would suggest morphine, such as heavy breathing. The symptoms of morphine posoning and presure upon the brain, as in the Sheedy case. are quite simliar. Sheedy died about 10 o'clock Monday following the assault, and was buried the next Wednsday.
The postmortm examination was not what I consider a thorogh one. In that the base of the brain the medulla where the symptoms of pressure upon the brain would have been visible. were not examined so far as I observed. The symptoms of congestion could have been such as to require the use of a magnify-ing glass to gave detected it, but as no glass was used at the postmortem, I can not state whether these symptoms were present or not. I was present when Sheedy died. The only decided change was in the number of respirations.
Cross-examined---- I do not say that morphine cannot be found in the stomach after death. If the stomach contained the drug at the time of death its presence could be detected ten weeks after death. The quanity required to produce death vaires in differnt persone, some being able to take four or five grains, while a similar dose would cause the death of others.
The only police officer when I noticed about the place as Officer McMinney I think who brought in the cane. Sheedy asked where it had been found, and wanted to know if the man who had assaulted him had been caught. I don't think the officer held any further conversation with decesed. Sheedy made no complaints of any pecuilar taste in office. The taste of morphine is extermely bitter, but sulfnal has really no taste at all when taken in coffee. If deceased had been given morphine at 1 o'clock the symptoms of morphine poisoning would have manifeasted them selves an hour later. I observed no such symptoms. The effect of morphine is to decrease the normal temprature, but in the case of John Sheedy the temprature was increased one and a half degrees above normal. The postmortem examination showed a partial fatty degeration of the heart, which effected the entire left side of the orgin. An extra strain brought upon a person so afflicted might result in death from heart failure.

TUESDAY

The Testimony Began.

Having concluded the long and tedious task of selecting a jury in the Sheedy case, at 3 o'clock yesterday afternoon, the remaining portion of the session was occupied in presenting the salient features of the famous criminal case to the jury, by the attorneys for the prosecution and defense. County Attorney Snell detalled the cricumstances atteding the assault upon, and later the death of John Sheedy on the evening of January 11th last, when he was murderously assaulted with a heavy cane, which the prosecution believes and will endevaor to prove was wielded by Monday McFarland at the instigation of Mrs. Mary Sheedy. wife of deceased. Mr. Snell reviewed the circumstances at consuderable length and in an address of great force and brulliance presented the cause of the state.
Messrs. Strode and Stearns, counsel for Mrs. Sheedy, and Col. Philpott in behalf of his client Monday. McFarland, sought to enlighten the jury by plausinble and eloquent explanations of the apparent condition that point to their clients as the persons concerned in the murder of Mr. Sheedy. Counsel Strode grew not only eloguent but dropped pathetically into poetry to express his pent up feelings for the fair defendant, whome he feelingly refered to as a " sad, pensive faced lady" resting in the shadow of a great and lasting sorrow.
Counsel for Mrs. Sheedy and McFarland claim the press is not giving them a fair shake in the reports furnshed of the trail, and affect to apprehend that an attempt is being made to manufacture public sentlment against them. " People may believe that we desire to betray Monday McFarland, " said Col. Philpott, " but time and our own actions will disprove all such ungenerous suspicions.
The trail has not yet fairly begun. Wait until we reach the intersting features and watch the final result, when out vindiction will come, anyway, we will receive our reward in heaven. The defense has been hampered at every turn by a hostile press ever since John Sheedy died," said Counsel Stearns.
" Prejudice against Mrs. Sheedy is widely entertained, as the result of the newspapers taking the stand they have, but if we can succeed in keeping the papers away from the jury during the progress of the trail, I feel no fear of the result."
Before the taking of testimony bagan this morning, Mr. Stearns asked the court to make a rule excluding all witnesses othern these undergoing examination upon the stand, from the court room while the trail is in progress. The court thereupon ordered all witnesses from the court room.
Col. Philpott objected to the induction of any testimony bearing upon the fourth count against Monday McFarland for the alleged reason that there is not sufficient evidence to establish the charge made in this court, under the statutes of Nebraska. Mr. Stearns made a similar objection for Mrs. Sheedy as retastes to the third count in the indictment against her. Both objections were promptly overruled, and exceptions taken.
The preilminary preparations having been concluded Dr. Hart, the first witness was called to the stand, and his examination begun by counsel Frank Hall, who questioned him at great length as following:
Reside in Lincoln and have been a practicing physicians for a period of six-teen years ; graduated from the Columbus, Ohio, college, and came to Lincoln from Martetta ; attended John Sheedy during his last illness ; know little about the general health of deceased. I reached the house about 7:30 on the evening of January 11 last ; heard the shot fired and drove in direction of the sound, which brought me to Sheedy's house, corner of P and Twelfth. There I was met by Mr. Carpenter, who told me that Sheedy had began shot and that I had been sent for ; Dr. Everett was there when I arrived ; found Sheedy occupying a chair just inside the bed room ; Dr. Evereet was examining the wound ; Mrs. Sheedy was also there; wound was above left eye. I asked Sheedy if they had been laying for him again. Eventally he appeared all right and said the wound did not pain him much. I examined the wound to see if the Skull had been fractured, but found no injury of the character at that time.
The wound was bleeding quite freely, as also was the left side of the nose. Sheedy sat in a chair whole Dr. Everett and myself dressed the wound. So far as observed at the time there was no fracture of the facial bones, but afterward we discovered that the jaw bone had been broken. Sheedy went to bed after the wound had been dressed. He required very little assistance in retiring. Before leaving the house Dr. Everett suggested giving Sheedy an oplate, but I objected, having noticed during a previous attendance upon the patient that opiates exerted an unfavorable influnce upon him. I remained at the house about fifteen mintes after the departure of Dr. Everett. I left about 8:30, and returned about 9:40. I found Sheedy rather nervous, and dicovered that he had been vomting considerably during my absence. This alarmed those in attendance as there was more or less blood in the vomit. His condition at 10:30 was about as might have been expected. I did not, at the time, regard the wound as a serious one. His only complaint was that his head hurt him. Mrs. Sheedy was waiting upon him at the time, and appeared to manifesta dispostion to do all she could to alleviate the sufferings of her husband. Before I took my departure Mrs. Sheedy asked me to return soon. I don't recollect to have said anything to Sheedy about his condition, but think he ventured the remark that he did not think he wound was a serious one. I was first told that Sheedy had been shot, but an examination of the wound shoed it had made with a blunt insrtument. Upon my return at 10 :30, I got thirty grains of sulfenal, a sleep-producing remedy, and gave it to him in three doses, ten grains at a time. I am familiar with the effects of the drug, having used it for two and a half years. Sulfunal has a sleep producing effect, and has no after effect. Morphine effects the circulation and repiration and produces vomting.
I noticed no effect produced by the sulfunal. He vomited up the first dose, as
he did another. There was no excessive labor in vomting. In my opinion the vomting resulted from the shock produced on his nervous system by the blow.
Mrs. Sheedy gave him the first dose of sulfunal, as she did the others. I stood at the bed side at the time. It was given in water, In doses of ten grains each. I told her how to give ; don't know where she got the water, but think there was a glass of water on the dresser at the time ; saw her put the sulfanal in the glass.
I as there when the first dose was given. Sheedy did not sleep any during the fist hour I was there. The drug produced no effect, nether at the first or second doses. Sulfunal operates slowly and the effect would be cause sleep.
He did vomit, and I think pretty well emptied the stomach. I was away from the house about twenty five minutes. Mrs. Sheedy and young Dennis Sheedy were left in charge of the patient during my absence. I went to the drug store to get hypodermic talets and afterwards went home to get my hypodermic syringe. I could not get the tablets and got morphine, intending to use if necessary. The largest dose of sulfunal I ever gave was forty grains. I regard sixty grains as a maximum dose. When I returned to the house they told me he had not vomitted to any extend during my absence. Sheedy was uneasy and kept moving the bedclothes. The center gaslight in the room as at the foot of in the bed occupied by Sheedy. The jet-were kept burning brightly part of the time and turned down a part of the time in order to give the patient an opportunity to sleep if possible. I did not give any medicine immediately upon enter ing the second time, but about 12 o'clock Mrs. Sheedy gave him the medicine in a cup of coffee. I saw the medicine put in the coffee. She was making the coffee when I went to the kitchen.