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4 revisions | Hallie at Jul 12, 2020 10:06 AM | |
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48ECHOES OF THE GREAT CASE UNCLE BIGGERSTAFF GOES HOME IN ANGER Judge Wier Encounters Considerable Opposition in Obtaining a Reduced Fee. Did John Sheedy Leave a Will and If so, Where is It? -Monday Didn't Pine to Become a Freak at 85 a Day. An Undercurrent of Events It is known that Judge Weir was brought here from Boise City by Biggerstaff to participate in the defense of his niece. It was also known during the trial to those who were upon the inside that the utmost harmony did not prevail at all times between the local attorneys in the case and the distinguished jurist from the far west, and that his splendid and dignified argument of the law applicable to the situation came very near never being delivered. After the case was closed and the accused were liberated Judge Weir who had declared his intention of returning home at once, delayed his departure until Saturday, and then until Sunday, and again until yesterday. During the forenoon yesterday it was learned that Judge Weir had not succeeded in effecting a settlement with Mrs. Sheedy and the newly chosen administrator of her estate for his fees. It is said that Judge Weir came to Lincoln on a promis from Mrs. Sheedy's uncle of a $5,000 fee. There was a protest against the payment of any such amount, hence the delay in settling. On Sunday Judge Weir consulted local counsel and gave Mrs. Sheedy and Mr. Melick, who has not yet been appointed administrator but was duly clothed with an appointment as her attorney in fact, until 10 a.m. to-day to settle. At that hour a compromise was effected whereby Judge Weir was to accept $1,500 as his fee, $500 of which was to be paid in cash and the balance with Mr. Melick's personal note for $1,000. This was to be paid ere 2 p.m. and Judge Weir and Mr. Biggerstaff expected to depart on the 2:40 p.m. train. But they didn't secure the stuff until later, and departed on the train at 4:30. Before they departed, however, Uncle Biggerstaff repaired to the rooms occupied by Mrs. Sheedy and her sisters and [?] his hands of any further relationship with them. It is said that the parting was of a most unfriendly nature and that Mr. Biggerstaff denounced his nieces with a severity that was hardly consistent with his recent solicitude in behalf of Mrs. Sheedy, disclaiming all relationship with her. It is said that he has been to great expense in this case, and is quoted as having said that it cost him several thousand dollars individually. Certain is that a number of those whose testimony in behalf of the defense has led to the most profound suspicion on the part of the state have dogged the footsteps of "old man Biggerstaff all during the trial, and were clinging to him all day yesterday like sick kittens to a hot brick, even to the very moment of his departure. It is suspected that some of them are not entiraly satisfied with the course of events since the verdict was reached. A friend of Mrs. Sheedy says in relating to the disagreement between her and her uncle, and a friend who is amply qualified to know the facts, that Mr. Biggerstaff and Judge Weir presented a bill not only for $5,000 but largely in excels of that amount, which was deemed exorbitant. It is also said that Mr. Biggerstaff first suggested to Mr. Melick and Mrs. Sheedy the propriety of the former becoming her financial adviser, so that her right would not be trodden upon, and that the uncle has, therefore, no just ground for complaining because Mr. Melick first used the pruning knife on his own (the uncle's) claim. The friend also claims that Mr. Biggerstaff never promised Judge Weir a $5,000 fee, and if he did he had no right to do so. Be these facts as they may, Mr. Biggerstaff claims that he did so promis and that he will be required to make good the amount out of his own pocket. These facts may account for som pretty outspoken opinions on the part of the alleged "kind old uncle" on the subject of Mrs. Sheedy's guiltlessness. Meantime Messrs. Stearns and Strode are secure, their mortgage for $12,500 on the estate having been filled, it is claimed, not a moment too soon, as there was an alleged scheme upon the part of the old uncle and a local attorney to beat them out of it by transferring all of Mrs. Sheedy's estate to the uncle ere the mortgage was filed. To the credit of Mrs. Sheedy be it said that she declined to become a party to this project. Rumor has it, and a rumor that claims to be authentic, that $2,000 of the $12,500 go to Monday McFarland's attorneys for keeping him off the stand. The attorneys for Monday deny this rumor, as they would undoubtedly do if it were true, just as they would deny a client's guilt if it were apparent to everyone. It is known that in keeping Monday from turning state's evidence and taking the witness stand consisted one of the very biggest jobs undertaken by that branch of the defense. One of them is reported to have told several people that required their constant attention to keep Monday from giving the story away again. There is a pretty reliable story to the effect that Monday did unburden himself in the jail to a fellow prisoner named Davis, and that Colonel Billingsley, learning that he had so done, took steps at once to get Davis into quarters where he was not likely to be encountered by the state. Davis had been sentenced to the penitentiary for forgery, and the time for his removal to the pen was near at hand. Billingsley hastened it by discovering that there was a big jail-breaking project on foot and that Davis was the leader of it. Davis was removed without further ado ere he had an opportunity to "blab." Did Sheedy Write a Will? There was a wild-eyed, whiskered rumor afloat yesterday to the effect that the late John Sheedy's will had been found, and that he had left all his property to his wife. It was only a rumor, as no one could be found who knew anything of it, not even among Mrs. Sheedy's friends. It is true that Mrs. Sheedy has always suspected that her husband did leave a will, but she never learned anything as to its whereabouts. It is said that her friends suspect that it is locked up in a safe in the office of Lincoln lawyer. It is related that Sheedy indicated to friend shortly before his death that he had taken that precaution, and in view of the ill-feeling he knew to exist against him it is reasonable to suppose that he had. It is claimed that some time before Sheedy's final taking off a friend suggested that he ought to make a will and fix it so that Mary would be secure in case of his death, and that Sheedy replied that he had fixed all that long ago. Meantime it is intimated that in case the Sheedy heirs desire to do so, the widow's interest in the estate may be considerably depreciated. There is a question entertained among attorneys as to the constitutionality of the Nebraska law giving to a widow without issue one-half of the estate of her dead husband. Then again it is a question as to whether or not an acquital on the charge of murder would be taken as proof positive in a civil case to deprive her of any share whatever in the estate. If, as has been claimed by the defense, this is a matter of dollars and cents with the Sheedy heirs, further trouble may be anticipated by Mrs. Sheedy ere she can rest secure in the possession of so much of the estate as has been saved out of the wreck. There is no denying that serious inroads have been made upon it, and if all the rumors which are backed by consistent appearances were given credence, a dozen reputations would be blackened. Mr. Hall and Mr. Burr. It is well known that Mr. L. C. Burr was somewhat aggrieved at the reference made to him by the state's councel in connection with his testimony in the case, and speaking of the matter yesterday to a JOURNAL representative Mr. Hall remarked: "Will, I was perhaps somewhat hasty in speaking of Mr. Burr as I did, but he is an attorney and ought to know that such an utterance was not made with a view of damaging him. I certainly had no ill will against him and my remark was designed simply to offset the effect of his testimony in the minds of the jury. It was due to my zeal in behalf of the state and certainly not to any disrespect to Mr. Burr." Didn't Want to Be a Freak. Just after his acquittal Monday McFarland was approached by an agent of the musee circuit and asked to enter into an angagement to cover a circuit, but he was too anxions to get out of this section of country. Therefore when he was offered $5 a day to go to Omaha, he replied that they couldn't get him over there for $500 a day. | 48ECHOES OF THE GREAT CASE UNCLE BIGGERSTAFF GOES HOME IN ANGER Judge Wier Encounters Considerable Opposition in Obtaining a Reduced Fee. Did John Sheedy Leave a Will and If so, Where is It? -Monday Didn't Pine to Become a Freak at 85 a Day. An Undercurrent of Events It is known that Judge Weir was brought here from Boise City by Biggerstaff to participate in the defense of his niece. It was also known during the trial to those who were upon the inside that the utmost harmony did not prevail at all times between the local attorneys in the case and the distinguished jurist from the far west, and that his splendid and dignified argument of the law applicable to the situation came very near never being delivered. After the case was closed and the accused were liberated Judge Weir who had declared his intention of returning home at once, delayed his departure until Saturday, and then until Sunday, and again until yesterday. During the forenoon yesterday it was learned that Judge Weir had not succeeded in effecting a settlement with Mrs. Sheedy and the newly chosen administrator of her estate for his fees. It is said that Judge Weir came to Lincoln on a promis from Mrs. Sheedy's uncle of a $5,000 fee. There was a protest against the payment of any such amount, hence the delay in settling. On Sunday Judge Weir consulted local counsel and gave Mrs. Sheedy and Mr. Melick, who has not yet been appointed administrator but was duly clothed with an appointment as her attorney in fact, until 10 a.m. to-day to settle. At that hour a compromise was effected whereby Judge Weir was to accept $1,500 as his fee, $500 of which was to be paid in cash and the balance with Mr. Melick's personal note for $1,000. This was to be paid ere 2 p.m. and Judge Weir and Mr. Biggerstaff expected to depart on the 2:40 p.m. train. But they didn't secure the stuff until later, and departed on the train at 4:30. Before they departed, however, Uncle Biggerstaff repaired to the rooms occupied by Mrs. Sheedy and her sisters and [?] his hands of any further relationship with them. It is said that the parting was of a most unfriendly nature and that Mr. Biggerstaff denounced his nieces with a severity that was hardly consistent with his recent solicitude in behalf of Mrs. Sheedy, disclaiming all relationship with her. It is said that he has been to great expense in this case, and is quoted as having said that it cost him several thousand dollars individually. Certain is that a number of those whose testimony in behalf of the defense has led to the most profound suspicion on the part of the state have dogged the footsteps of "old man Biggerstaff all during the trial, and were clinging to him all day yesterday like sick kittens to a hot brick, even to the very moment of his departure. It is suspected that some of them are not entiraly satisfied with the course of events since the verdict was reached. A friend of Mrs. Sheedy says in relating to the disagreement between her and her uncle, and a friend who is amply qualified to know the facts, that Mr. Biggerstaff and Judge Weir presented a bill not only for $5,000 but largely in excels of that amount, which was deemed exorbitant. It is also said that Mr. Biggerstaff first suggested to Mr. Melick and Mrs. Sheedy the propriety of the former becoming her financial adviser, so that her right would not be trodden upon, and that the uncle has, therefore, no just ground for complaining because Mr. Melick first used the pruning knife on his own (the uncle's) claim. The friend also claims that Mr. Biggerstaff never promised Judge Weir a $5,000 fee, and if he did he had no right to do so. Be these facts as they may, Mr. Biggerstaff claims that he did so promis and that he will be required to make good the amount out of his own pocket. These facts may account for som pretty outspoken opinions on the part of the alleged "kind old uncle" on the subject of Mrs. Sheedy's guiltlessness. Meantime Messrs. Stearns and Strode are secure, their mortgage for $12,500 on the estate having been filled, it is claimed, not a moment too soon, as there was an alleged scheme upon the part of the old uncle and a local attorney to beat them out of it by transferring all of Mrs. Sheedy's estate to the uncle ere the mortgage was filed. To the credit of Mrs. Sheedy be it said that she declined to become a party to this project. Rumor has it, and a rumor that claims to be authentic, that $2,000 of the $12,500 go to Monday McFarland's attorneys for keeping him off the stand. The attorneys for Monday deny this rumor, as they would undoubtedly do if it were true, just as they would deny a client's guilt if it were apparent to everyone. It is known that in keeping Monday from turning state's evidence and taking the witness stand consisted one of the very biggest jobs undertaken by that branch of the defense. One of them is reported to have told several people that required their constant attention to keep Monday from giving the story away again. There is a pretty reliable story to the effect that Monday did unburden himself in the jail to a fellow prisoner named Davis, and that Colonel Billingsley, learning that he had so done, took steps at once to get Davis into quarters where he was not likely to be encountered by the state. Davis had been sentenced to the penitentiary for forgery, and the time for his removal to the pen was near at hand. Billingsley hastened it by discovering that there was a big jail-breaking project on foot and that Davis was the leader of it. Davis was removed without further ado ere he had an opportunity to "blab." Did Sheedy Write a Will? There was a wild-eyed, whiskered rumor afloat yesterday to the effect that the late John Sheedy's will had been found, and that he had left all his property to his wife. It was only a rumor, as no one could be found who knew anything of it, not even among Mrs. Sheedy's friends. It is true that Mrs. Sheedy has always suspected that her husband did leave a will, but she never learned anything as to its whereabouts. It is said that her friends suspect that it is locked up in a safe in the office of Lincoln lawyer. It is related that Sheedy indicated to friend shortly before his death that he had taken that precaution, and in view of the ill-feeling he knew to exist against him it is reasonable to suppose that he had. It is claimed that some time before Sheedy's final taking off a friend suggested that he ought to make a will and fix it so that Mary would be secure in case of his death, and that Sheedy replied that he had fixed all that long ago. Meantime it is intimated that in case the Sheedy heirs desire to do so, the widow's interest in the estate may be considerably depreciated. There is a question entertained among attorneys as to the constitutionality of the Nebraska law giving to a widow without issue one-half of the estate of her dead husband. Then again it is a question as to whether or not an acquital on the charge of murder would be taken as proof positive in a civil case to deprive her of any share whatever in the estate. If, as has been claimed by the defense, this is a matter of dollars and cents with the Sheedy heirs, further trouble may be anticipated by Mrs. Sheedy ere she can rest secure in the possession of so much of the estate as has been saved out of the wreck. There is no denying that serious inroads have been made upon it, and if all the rumors which are backed by consistent appearances were given credence, a dozen reputations would be blackened. Mr. Hall and Mr. Burr. It is well known that Mr. L. C. Burr was somewhat aggrieved at the reference made to him by the state's councel in connection with his testimony in the case, and speaking of the matter yesterday to a JOURNAL representative Mr. Hall remarked: "Will, I was perhaps somewhat hasty in speaking of Mr. Burr as I did, but he is an attorney and ought to know that such an utterance was not made with a view of damaging him. I certainly had no ill will against him and my remark was designed simply to offset the effect of his testimony in the minds of the jury. It was due to my zeal in behalf of the state and certainly not to any disrespect to Mr. Burr." Didn't Want to Be a Freak. Just after his acquittal Monday McFarland was approached by an agent of the musee circuit and asked to enter into an angagement to cover a circuit, but he was too anxions to get out of this section of country. Therefore when he was offered $5 a day to go to Omaha, he replied that they couldn't get him over there for $500 a day. |
