172

LEGAL NEWS.

____________

TUESDAY

____________

DAVID BUTLER.

____________

Death Removes a Well Known Pioneer and Ex-Governor of Nebraska.

The sudden death at Pawnee City of David Butler, who was cut down by heart failure while at work in his years, removes from earth a man whose name will ever be associated with the early history of Nebraska. He was born near Bloomington, Ind., December 15, 1829, and remained on his father's farm until 21 years old. He engaged with his father in the cattle business, but the latter dying soon after, he embarked in mercantile life. The panic of 1857 ruined him with thousands of others, and in 1858 he removed to Nebraska, settling in Pawnee county. He soon amassed a fortune in cattle and mercantile business and in 1880 was married to Miss Lydia Storey of Bloomington, and the following year was elected to the territorial legislature, serving until 1886.

David Butler was the first governor of the state of Nebraska. He succeeded Alvin Saunders, who was the last territorial governor. Governor Butler was elected in 1866, but did not enter upon the duties of the office until the admission of the state into the union in February, 1867. On October 8, 1869, he was re-elected and again elected October 18, 1870. On June 2, 1871, Governor Butler was succeeded by W. H. James who as secretary of state assumed the office. Secretary James became acting governor on the order of the legislature which impeached Butler. The impeachment proceedings attracted world-wide attention. Butler was charged with using $16,881.26 of state funds for his private purposes. In his answer he admitted that he had received the money, but claimed that he had borrowed it with the consent of the state treasure and had secured the treasurer by mortgages on valuable real estate. The legislature removed Governor Butler from office. Since then the state has sold the real estate under mortgages and realized many thousands of dollars over and above the amount used by the removed governor. At several sessions of the legislature Governor Butler has caused to be presented a bill authorizing that the balance thus realized, after all principal and interest should be paid, be paid over to him, but the prejudice was so strong that his claim has hardly received consideration. Of late Governor Butler has been identified with the independent movement in this state. Ex-Governor Butler was born in Indiana and located in Pawnee county in 1858. He was a member of the territorial legislature. In 1888 he was the labor candidate for governor.

The most exciting period of Nebraska history was before and during the impeachment of Governor Butler. The rivalry between Lincoln and Omaha for capital honors, a heated senatorial contest and several minor matters roused an intense factional and sectional feeling. Butler had thrown his great energy and ability for Lincoln, and his influence turned the scale in the city's favor. Lincoln, and his influence turned the scale in this city's favor. Lincoln's enemies became his personal ones, and the impeachment trial followed. He fought valiantly, and although the legislature by an infinitesimal majority impeached him, he appealed to the people, who recognized the justice of his claim, and the ignominy was wiped away. His enemies succeeded, however in forcing him from political life, and he retired, once afterwards coming up as a senator from Pawnee.

The gubernatorial mansion, a handsome structure of Butler is still standing at Eighth and Washington streets. Butler spent a fortune in fixing it up, and many notable gatherings were held there. When he retired from political life he sold it to "Lord" Jones, and Englishman, man for a paltry sum. Jones still owns it, and the undivided tract surrounding it, worth today many times what he paid for it. S. B. Hohman resides there. Butler spent his money lavishly for Lincoln and his friends, but adversity drove away many who had benefitted by his bounty. His death will be mourned by every one who knew him and appreciated his manly qualities.

__________________________________

WEDNESDAY

_________________

Yesterday Afternoon.

When the hour arrived for the court to reconvene yesterday afternoon, an audience drawn from the culture and refinement of Lincoln homes graced the occasion with its presence. Hundreds of elegantly attired ladies were there, seated inside and outside the railing separating the auditorium from the space reserved for the privileged relatives and friends of the prisoners, the counsel, the court and attorneys for the state. The sides of the room were fringed with a closely packed mass of humanity which stood for hours hanging upon the burning words of Counsel Frank Hall, who was at the time making his argument to the jury.

Resuming the thread of discussion broken by the noon hour, Mr. Hall said:

The learned advocate who addressed you yesterday tried to convince you that this prosecution was being waged against Mrs. Sheedy for a venal purpose, and he though that is the spirit of John Sheedy could speak from the great beyond to Dennis Sheedy it would exclaim: "For God's sake stop that persecution of my beloved wife. If John Sheedy's spirit could speak from that place, he would tell a different story. I have no doubt that John Sheedy's spirit has visited this woman in her solitary confinement more than once since, and took its flight, and I would to God that you might know the story that John Sheedy's spirit could tell. He would tell a story that would stir the pulsations of your heart. He would tell a story that has not been told by the witnesses upon this stand. He would tell you what occurred in his home circle after he was assaulted, and unless that spirit tells the story, I fear you will never know 1, since the only people who do know it, do not see fit to tell it.

Talk about the spirit of John Sheedy calling his brother to desist from this cruel prosecution, why, if there ever was such case under nigh heaven which spoke in tongues of fire to avenge the murder of John Sheedy, his spirit would carry that message to his brother, Dennis Sheedy: You have heard of the murder of King Claudius. How his spirit returned and chided his son, Hamlet for not avenging his most cruel and could murder. Do you believe Dennis Sheedy is prosecuting this case for the paltry amount that will fall to his share of the estate of John Sheedy? Why, if a wife can murder her husband in an enlightened, Christian community, and the brother would not raise his arm to defend it, to avenge it, to prosecute the guilty party, he would be unworthy of the name of a brother, and I think John Sheedy's spirit would come back to haunt him and chide him for the brotherly duty neglected and unfilled. From my standing, it is most commendable in the brother of a dead man o spend his own money, his own time and his own strength for the purpose of prosecuting the parties who murdered his brother. Talk to me about blood money, and about the detectives and the officers and the attorneys having their pockets lined with Dennis Sheedy'smoney. If you can show that a dollar of Dennis Sheedy's money has been illegitimately used in this prosecution, then show it and damn this prosecution if you can. That is for the purpose of appealing to your meaner nature. That appeal is unworthy of the able counsel for the defense. It is an appeal to your baser passions for the purpose of awakening a sympathy for the woman and a prejudice against Dennis Sheedy. Because I conceive of nothing meaner, nothing baser, nothing more depraved than for the brother of the murdered mand to prosecute a woman with the belief that she was innocent.

Mr. Courtnay tells what Dennis Sheedy did for this woman before she was suspected, before she was arrested, before the finger of suspicion pointed to her; that he arranged everything in the most systematic manner. He replenished her bank account with $550 that he had collected from different people who owed his brother's estate. Did he put it down in his own pocket and go to his home in Denver? No, he hired an attorney and paid him out of his own pocket, and put everything in the best possible shape he could for this woman, and put this money in the bank to her account, and then said, I have done all I could for you if you were a sister. That is what Courtnay testified to, and this is what Dennis Sheedy did, and notwithstanding all this they have the hardihood, and in a spirit of desperation, they would attempt to poison your mind against Dennis Sheedy. Have you seen Dennis Sheedy hounding in the courtroom? Have you seen Dennis Sheedy hounding detectives to prosecute this woman? The only time Dennis Sheedy has made his appearance in this court house was in obedience to a subpoena issued by the defense in this case. Have you seen any other blood thirsty relatives of this murdered man present as though they were eager to work up a case and lend their assistance in the prosecution of this woman. It is not so enticing to their ears as it seems to be to that of the defense. I mention this because I say it is not fair. It is unmanly, it is unprofessional on the part of these defendants to try to put this phase in this case. God knows I have no objection, not one word of fault to find with the defense. I would not have cared if they had employed the best counsel in the land, if they have not got them; I would not want them to leave one stone unturned for the defense of this case. If they can prove by the ability of counsel, or by detectives, or by the ability of anybody that these defendants are not guilty, it is their duty as advocates of the defense to do it, and I shall find no fault with their employing Mr. Pinneo, Mr. Carder or Mr. Orow or anybody else. It is immaterial to me how many detectives they get, or where they find their evidence, so it is evidence. They have bought counsel from Idaho, and I am glad of it. I am glad that when a conviction is had in this case nobody can say it was brought about for want of ability or enterprise in behalf of these prisoners.

How did she know who Walstrom was? She had met him only a few days in a distant state while she herself was an inmate of a hospital. She could not possibly known but little of his antecedents, and the meagre information she possessed must have been gotten from him. Then why was she so solutions for his welfare? Why did she want him to room with Johnny Clausner? Had she ever asked Clausner to room with anybody else? They assert there is no crime in a married woman making presents to a young man; that she bought and paid for them and could bestow them upon whom she pleased. But what induced her; what motive governed this woman in making these presents to a young man with whom her acquaintance had been so brief? But, gentlemen, don't you believe these presents went where he affections were?

I concede that a married woman may with propriety write a young man a letter. It is not the letter; it is the content of it that reflect upon her. Do you for a moment believe that John Sheedy knew of this clandestine correspondence between his wife and this recent importation from Birmingham, Alabama? If this correspondence was harmless in its character, why did not her counsel introduce the notes that must have been in her custody, in evidence and refute the charge that it was of a incriminating nature? Walstrom had her notes and she had his. Why does not Walstrom come into court, produce these notes and clear Mary Sheedy from the blighting suspicion that attaches to her? He dare not do it; and doubtless she has long since consigned the damning letters of Walstrom to the flames, and placed the character of their contents beyond human reach. Why, if these notes were guiltless of crime, were they afraid to confide the to the custody of the United States malls? Because they feared discovery, and used a private messenger whom they could trust.

About the first thing she done after Sheedy had died was to send for Walstrom. Why did she not send for some of the family friends? Because Walstrom was most interested in Sheedy's death. There is no proposition more true than that murder will out. it may go unpunished for a time, but tardy justice will at last o'ertake and punish crime. In an affair of this kind the perpetrator usually leaves some tell this clue behind, and in this instance Mrs. Sheedy made the fatal mistake of supposing that the mind of Monday McFarland would be a safe storehouse for her hideous secret. But the human mind is so constituted that it shrinks from crime, and after staggering under the burden that weighed down his conscience for a few days. Monday McFarland vomited forth his confession and 'relieved himself of the terrible secret. That secret had wandered like a white phantom through the chambers of his brain; it had seethed through his veins and flitted across his face until he believed every man and woman he met read his secret. He suspected that a thousand eyes read it in his every expression until he yielded to the pressure and told it. He could not but relieve his mind of the awful burden that weighed it down and haunted every moment of his existence. He told it because it was an unwilling occupant of his heart and cried for release, and I'll venture he felt relieved if not happy when he vomited it out and got rid of it.

Why from the conduct of Mrs. Sheedy since she has been here on trial you would think she is not interested. But, while she has played her part well, she has not played the part of 'a bereaved, sorrowing and broken-hearted woman' so feelingly portrayed by Judge Weir. It is difficult for any one to act a dual role, and in attempting it she has most miserably failed. Do you believe that if she is the woman Judge Weir has pictured she could sit here as she has, as cold as a marble statue and manifest no more emotion than a figure carved in stone? Has her bearing been that of a 'sorrowing, broken-hearted, grief-stricken woman?' No; it has been the reverse; it has been malignantly defiant and repulsive brazen.

LEGAL NEWS.

____________

TUESDAY

____________

DAVID BUTLER.

____________

Death Removes a Well Known Pioneer and Ex-Governor of Nebraska.

The sudden death at Pawnee City of David Butler, who was cut down by heart failure while at work in his years, removes from earth a man whose name will ever be associated with the early history of Nebraska. He was born near Bloomington, Ind., December 15, 1829, and remained on his father's farm until 21 years old. He engaged with his father in the cattle business, but the latter dying soon after, he embarked in mercantile life. The panic of 1857 ruined him with thousands of others, and in 1858 he removed to Nebraska, settling in Pawnee county. He soon amassed a fortune in cattle and mercantile business and in 1880 was married to Miss Lydia Storey of Bloomington, and the following year was elected to the territorial legislature, serving until 1886.

David Butler was the first governor of the state of Nebraska. He succeeded Alvin Saunders, who was the last territorial governor. Governor Butler was elected in 1866, but did not enter upon the duties of the office until the admission of the state into the union in February, 1867. On October 8, 1869, he was re-elected and again elected October 18, 1870. On June 2, 1871, Governor Butler was succeeded by W. H. James who as secretary of state assumed the office. Secretary James became acting governor on the order of the legislature which impeached Butler. The impeachment proceedings attracted world-wide attention. Butler was charged with using $16,881.26 of state funds for his private purposes. In his answer he admitted that he had received the money, but claimed that he had borrowed it with the consent of the state treasure and had secured the treasurer by mortgages on valuable real estate. The legislature removed Governor Butler from office. Since then the state has sold the real estate under mortgages and realized many thousands of dollars over and above the amount used by the removed governor. At several sessions of the legislature Governor Butler has caused to be presented a bill authorizing that the balance thus realized, after all principal and interest should be paid, be paid over to him, but the prejudice was so strong that his claim has hardly received consideration. Of late Governor Butler has been identified with the independent movement in this state. Ex-Governor Butler was born in Indiana and located in Pawnee county in 1858. He was a member of the territorial legislature. In 1888 he was the labor candidate for governor.

The most exciting period of Nebraska history was before and during the impeachment of Governor Butler. The rivalry between Lincoln and Omaha for capital honors, a heated senatorial contest and several minor matters roused an intense factional and sectional feeling. Butler had thrown his great energy and ability for Lincoln, and his influence turned the scale in the city's favor. Lincoln, and his influence turned the scale in this city's favor. Lincoln's enemies became his personal ones, and the impeachment trial followed. He fought valiantly, and although the legislature by an infinitesimal majority impeached him, he appealed to the people, who recognized the justice of his claim, and the ignominy was wiped away. His enemies succeeded, however in forcing him from political life, and he retired, once afterwards coming up as a senator from Pawnee.

The gubernatorial mansion, a handsome structure of Butler is still standing at Eighth and Washington streets. Butler spent a fortune in fixing it up, and many notable gatherings were held there. When he retired from political life he sold it to "Lord" Jones, and Englishman, man for a paltry sum. Jones still owns it, and the undivided tract surrounding it, worth today many times what he paid for it. S. B. Hohman resides there. Butler spent his money lavishly for Lincoln and his friends, but adversity drove away many who had benefitted by his bounty. His death will be mourned by every one who knew him and appreciated his manly qualities.

__________________________________

WEDNESDAY

_________________

Yesterday Afternoon.

When the hour arrived for the court to reconvene yesterday afternoon, an audience drawn from the culture and refinement of Lincoln homes graced the occasion with its presence. Hundreds of elegantly attired ladies were there, seated inside and outside the railing separating the auditorium from the space reserved for the privileged relatives and friends of the prisoners, the counsel, the court and attorneys for the state. The sides of the room were fringed with a closely packed mass of humanity which stood for hours hanging upon the burning words of Counsel Frank Hall, who was at the time making his argument to the jury.

Resuming the thread of discussion broken by the noon hour, Mr. Hall said:

The learned advocate who addressed you yesterday tried to convince you that this prosecution was being waged against Mrs. Sheedy for a venal purpose, and he though that is the spirit of John Sheedy could speak from the great beyond to Dennis Sheedy it would exclaim: "For God's sake stop that persecution of my beloved wife. If John Sheedy's spirit could speak from that place, he would tell a different story. I have no doubt that John Sheedy's spirit has visited this woman in her solitary confinement more than once since, and took its flight, and I would to God that you might know the story that John Sheedy's spirit could tell. He would tell a story that would stir the pulsations of your heart. He would tell a story that has not been told by the witnesses upon this stand. He would tell you what occurred in his home circle after he was assaulted, and unless that spirit tells the story, I fear you will never know 1, since the only people who do know it, do not see fit to tell it.

Talk about the spirit of John Sheedy calling his brother to desist from this cruel prosecution, why, if there ever was such case under nigh heaven which spoke in tongues of fire to avenge the murder of John Sheedy, his spirit would carry that message to his brother, Dennis Sheedy: You have heard of the murder of King Claudius. How his spirit returned and chided his son, Hamlet for not avenging his most cruel and could murder. Do you believe Dennis Sheedy is prosecuting this case for the paltry amount that will fall to his share of the estate of John Sheedy? Why, if a wife can murder her husband in an enlightened, Christian community, and the brother would not raise his arm to defend it, to avenge it, to prosecute the guilty party, he would be unworthy of the name of a brother, and I think John Sheedy's spirit would come back to haunt him and chide him for the brotherly duty neglected and unfilled. From my standing, it is most commendable in the brother of a dead man o spend his own money, his own time and his own strength for the purpose of prosecuting the parties who murdered his brother. Talk to me about blood money, and about the detectives and the officers and the attorneys having their pockets lined with Dennis Sheedy'smoney. If you can show that a dollar of Dennis Sheedy's money has been illegitimately used in this prosecution, then show it and damn this prosecution if you can. That is for the purpose of appealing to your meaner nature. That appeal is unworthy of the able counsel for the defense. It is an appeal to your baser passions for the purpose of awakening a sympathy for the woman and a prejudice against Dennis Sheedy. Because I conceive of nothing meaner, nothing baser, nothing more depraved than for the brother of the murdered mand to prosecute a woman with the belief that she was innocent.

Mr. Courtnay tells what Dennis Sheedy did for this woman before she was suspected, before she was arrested, before the finger of suspicion pointed to her; that he arranged everything in the most systematic manner. He replenished her bank account with $550 that he had collected from different people who owed his brother's estate. Did he put it down in his own pocket and go to his home in Denver? No, he hired an attorney and paid him out of his own pocket, and put everything in the best possible shape he could for this woman, and put this money in the bank to her account, and then said, I have done all I could for you if you were a sister. That is what Courtnay testified to, and this is what Dennis Sheedy did, and notwithstanding all this they have the hardihood, and in a spirit of desperation, they would attempt to poison your mind against Dennis Sheedy. Have you seen Dennis Sheedy hounding in the courtroom? Have you seen Dennis Sheedy hounding detectives to prosecute this woman? The only time Dennis Sheedy has made his appearance in this court house was in obedience to a subpoena issued by the defense in this case. Have you seen any other blood thirsty relatives of this murdered man present as though they were eager to work up a case and lend their assistance in the prosecution of this woman. It is not so enticing to their ears as it seems to be to that of the defense. I mention this because I say it is not fair. It is unmanly, it is unprofessional on the part of these defendants to try to put this phase in this case. God knows I have no objection, not one word of fault to find with the defense. I would not have cared if they had employed the best counsel in the land, if they have not got them; I would not want them to leave one stone unturned for the defense of this case. If they can prove by the ability of counsel, or by detectives, or by the ability of anybody that these defendants are not guilty, it is their duty as advocates of the defense to do it, and I shall find no fault with their employing Mr. Pinneo, Mr. Carder or Mr. Orow or anybody else. It is immaterial to me how many detectives they get, or where they find their evidence, so it is evidence. They have bought counsel from Idaho, and I am glad of it. I am glad that when a conviction is had in this case nobody can say it was brought about for want of ability or enterprise in behalf of these prisoners.

How did she know who Walstrom was? She had met him only a few days in a distant state while she herself was an inmate of a hospital. She could not possibly known but little of his antecedents, and the meagre information she possessed must have been gotten from him. Then why was she so solutions for his welfare? Why did she want him to room with Johnny Clausner? Had she ever asked Clausner to room with anybody else? They assert there is no crime in a married woman making presents to a young man; that she bought and paid for them and could bestow them upon whom she pleased. But what induced her; what motive governed this woman in making these presents to a young man with whom her acquaintance had been so brief? But, gentlemen, don't you believe these presents went where he affections were?

I concede that a married woman may with propriety write a young man a letter. It is not the letter; it is the content of it that reflect upon her. Do you for a moment believe that John Sheedy knew of this clandestine correspondence between his wife and this recent importation from Birmingham, Alabama? If this correspondence was harmless in its character, why did not her counsel introduce the notes that must have been in her custody, in evidence and refute the charge that it was of a incriminating nature? Walstrom had her notes and she had his. Why does not Walstrom come into court, produce these notes and clear Mary Sheedy from the blighting suspicion that attaches to her? He dare not do it; and doubtless she has long since consigned the damning letters of Walstrom to the flames, and placed the character of their contents beyond human reach. Why, if these notes were guiltless of crime, were they afraid to confide the to the custody of the United States malls? Because they feared discovery, and used a private messenger whom they could trust.

About the first thing she done after Sheedy had died was to send for Walstrom. Why did she not send for some of the family friends? Because Walstrom was most interested in Sheedy's death. There is no proposition more true than that murder will out. it may go unpunished for a time, but tardy justice will at last o'ertake and punish crime. In an affair of this kind the perpetrator usually leaves some tell this clue behind, and in this instance Mrs. Sheedy made the fatal mistake of supposing that the mind of Monday McFarland would be a safe storehouse for her hideous secret. But the human mind is so constituted that it shrinks from crime, and after staggering under the burden that weighed down his conscience for a few days. Monday McFarland vomited forth his confession and 'relieved himself of the terrible secret. That secret had wandered like a white phantom through the chambers of his brain; it had seethed through his veins and flitted across his face until he believed every man and woman he met read his secret. He suspected that a thousand eyes read it in his every expression until he yielded to the pressure and told it. He could not but relieve his mind of the awful burden that weighed it down and haunted every moment of his existence. He told it because it was an unwilling occupant of his heart and cried for release, and I'll venture he felt relieved if not happy when he vomited it out and got rid of it.

Why from the conduct of Mrs. Sheedy since she has been here on trial you would think she is not interested. But, while she has played her part well, she has not played the part of 'a bereaved, sorrowing and broken-hearted woman' so feelingly portrayed by Judge Weir. It is difficult for any one to act a dual role, and in attempting it she has most miserably failed. Do you believe that if she is the woman Judge Weir has pictured she could sit here as she has, as cold as a marble statue and manifest no more emotion than a figure carved in stone? Has her bearing been that of a 'sorrowing, broken-hearted, grief-stricken woman?' No; it has been the reverse; it has been malignantly defiant and repulsive brazen.