| 101IT IS CLOSED.
---------
In the Sheedy Case Testimony
Is All In.
----------
Arguments to Begin Next
Monday---Given to the
Jury Tuesday.
IMPORTANT WITNESS FOUND TOO LATE
Margaret Skinner Looked into the
Alley From an Upstairs Win-
dow--Her Testimony
Barred.
Now For the Finish.
On the whole, today's testimony was very dry and uniteresting in the Sheedy case, being all n the nature of rebuttal evidence.
The most important witness, perhaps, that the proscution has secured was today barred from testifying because of the fact that the state had rested its case. This witness was Margaret Skinner, who has rooms in the Butler block overlooking the alley in the rear of Sheedy's premises. She did not get to testify as to what she had seen when she opened her windows on hearing the shooting on the night Sheedy was assaulted, but from the statement made in open court by Mr. Hall of the prosecution, it is presumed she saw Monday McFarland coming out of the yard running up the alley to Thirteenth street. This, indeed, is what he conveyed to the jury in an unfair way this morning.
However, the case is now rested by both sides and arguments began Monday.
-----------------
Yesterday Afternoon.
E. H. Andrus, of Cushman park, was the first to testify, and the burden of his evidence was to the effect that he had seen Mr. and Mrs. Sheedy at the park and they appeared loving and social.
W. J . Marshal was next called. He was acquainted with Sheedy, saw Mr. and Mrs. Sheedy frequently and never saw anything but agreeable appearances between the parties. Never saw McFarland around the premises.
W. W. Carder was recalled and asked if he remembered saying to Officers Miller and Slip that he at first yhought it was his cane found at Sheedy's and afterwards concluded it was not. Witness could not remember such an incident.
Dr. N. R. Hook took the stand and gave testimony to the effect that he knew Mrs. Sheedy and she was one of his patients. He of her absence from the city last July. Saw her on January 16, 1891, next day after the burial of Sheedy, She said she didn't think she could live, Witness was her medical advisor so far as he knew.
F. B. Baker, a brother-in-law of Mrs. Sheedy, was sworn and testified that he was at the Sheedy residence the day after Sheedy's death and remembered the young man who came with a power of attorney for Mrs. Sheedy to sign.
There were present himself. Mrs. Sheedy and others. Mrs. Sheedy was sick that day. The Sheedy brothers were there, but Walstrom was not.
The young man had not seen Mrs. Sheedy when witness left the house about 12 o'clock.
SENT FOR WALSTROM.
Mrs. Dean was next called. Witness is a sister of Mrs. Sheedy. She was at the residence at the time and after Sheedy's death. Dennis Sheedy sent for Walstrom on the Saturday after the funeral. Mrs. Sheedy was there when Walstrom came. The young man with the power of attorney came on Satur-
day afternoon. The paino was not open nor had it been during the illness of Sheedy. Cross-examined : Witness said she did not know who told Dennis Sheedy where Walstrom's rooms were nor how Dennis Sheedy knew there was such a man on Walstrom. Mrs. Sheedy did not send for Walstrom, so far as witness knew. She did know that Dennis told Mrs. Sheedy he wanted to see Walstrom and Mrs. Sheedy sent him a note. Mr. Sheedy read the note, but not aloud. Witness was not acquainted with Walstrom at that time. though had seen him twice.
Mrs. Sheedy and witness went in just as Walstrom was leaving. Witness did not see anyone there with a power of attorney, but heard talk about a paper to sign.
HE WAS WORTH.
Hyman Goldwater was recalled by the defense for the purpose of asking impeaching questions. An objection was raised but overruled and Mr. Phil-pot proceeded with the examination. Witness did not tell his boy to sear that he fixed the head of the cane.
" And did you not on the same day thereafter, at the same place, tell L. C. Burr that he need not sue for the money for they had fixed up : and did not Mr. Burr say to you, ' Mr. Goldwater, you did not have that cane in your store at all, did you?' and did you not reply, 'It makes no differencem I am entitled to my money just the same."
" It is a great lie. I was there only buvonce at all, " roaded Mr. Goldwater,
BURR'S TESTIMONY.
L. C. Burr was also recalled Witness stated Goldwater was at his office twice on the day referred to.
" Did not, when he was there the first time, he tell you he fixed the cane and told his boy to swear that he (the boy) fixed the head of the cane?"
" He told me that in substance, as I recollect it. "
"On the day after not Goldwater tell you need not sue them, as they had fixed it up, or words to that effect and did you not say to him, " Goldwater, you never had that cane in your store.' and he said : It makes no difference so long as I gets my money. "
" This was about it, in. " in substance. "
SELF-EXAMIND AGAIN.
Col. Philpot was sworn again to testify as to Malone's assertion that McFarland was desperate, asking and answering questions himself.
" What is your name ?"
" J. E. Philpot."
" Do you kno Mr. Malone?"
" I do."
" Did you see him on the Sunday
evening following McFarland's arrest at the city jail and did he not say, referring to McFarland. " that man is in desperate circumstances and will comit suicide before morning?"
" He did so state."
THE REWARD.
S. M. Melick was recalled and questioned as to the reward and stated a reward had been offered in the sum of $ 1,000, being made at the Sheedy residence. It was offered by Dennis Sheedy. Witness told Malone such reward was offered. The reward was offered to witness and is a private reward.
" Have you promised any part of that to James Malone in case of conviction?"
" I have."
" How much?"
"One-half."
" When was the first reward offered before or after the arrest of these defendants?"
" Before the arrest."
" Did Malone know of this reward ?"
" Dennis Sheedy and Mrs. Sheedy."
Hall----" Mr. Melick, when was the last reward offered---after the arrest of Mrs. Sheedy?"
" Yes, sir. "
MR. STRODE DOES IT.
Attorney Strode followed the foot-steps of Col. Philpott in the matter of a self-examination, under oath to bring out or rebut the evidence of Malone, going to show that he had had a conver-
sation with Malone at police headquarters, wherein Malone admitted to witness that he secured the confession of McFarland by the " Sweat-box" process, searing it out of him.
On the stand Malone could not remember meeting this witness at police station or having a conversation with him. Neither could remember seeing Col. Philpott there and converring with him.
MEDICAL WORKS ENTERED.
Several extracts from medical works. rebutting evidence of expert witneses, were offered in evidence and admitted both by McFarland's and Mrs. Sheedy's attorneys.
ANOTHER CANE.
P. J. Stepney, recalled : Witness is a cousin of Monday McFarland. A cane was produced which witness testifed was one he owned and loaned to Monday McFarland, and which was brought down to the court room by Malone on request of the defense. Witness had loaned it to McFarland while he had rheumatism. It was similar to the cane found at the Sheedy house the night of the assault. Witness stated this cane he picked up around his sister's house sometime last spring. Did not know whose cane it was. He let McFarland have it sometimes after the fair and saw him with a time or two. This is the first time witness had seen it since the assault upon Sheedy.
INTERESTED PARTIES.
Dr. Holoyoke, coroner, was also recalied. Witness testified the inquest was held by him and to a question from Mr. Strode replied that he had a bone from the skull of John Sheedy's head.
It was removed by the physicans at the autopsy. It took some force, as it was the maler bone. It was offered in evidence.
Witness stated that the stomach was sealed up in a jar. Also one of the kidneys. The condition of the heart was somewhat enlarged. The stomach was kept in possession of witness until taken to Professor Vaughn at Ann Arbor, Mich., to have a contents analyzed.
DENNIS SHEEDY/
told witness to have the examination to have the examination of the stomach made and he would pay $ 200 toward the expanse and the county commissioners could only contribute $ 50.
" And who paid your expenses up there to Ann Arbor?" asked Mr. Strode.
" John Fitzgeraod paid them. "
"Who gave you the paper on Fitzgeraid?"
" Mr. Hall ( of the state) helped me to make out my bill against Mr. Fitzgerald."
With this tetimony the defense announced that it would rest its case.
THE STATE.
then called George Brandeen. He knew John Sheedy. Also one Wm. Gleason.
On the night of the assault upon Sheedy he was at the club rooms on North Tenth. Wm. Gleason was there also (over the Ivvy Leaf ) from 7 to about 10 o'clock. They were " transacting business. " Witness saw A. W. Carder there after 10 o'clock. Cross-examined : Witness said rooms were gambiling rooms : presumed there was gambling there last night. Didn't know who run the place and as to who were gambling there on that night declined to answer on the ground of incrimination. Witness stated there was no ill feeling between himself and Sheedy at that time.
C. E. Alexander was also called by the prosecution to rebut the testimony of W. W. Carder. Witness stated that Carder told him during the week after Sheedy's assault that the cane found was not his. Cross-examined : Witness stated he had taken a deep interest in this case only as newspaper reporter. Witness said he did not go to Mr. Sanders.' saloon to consult him about the case, only to take a drink,
Admitted that he did take out his notes and read them to Mr. Sanders.
H. V. Hoagland was also recalled for the same purpose and stated that Carder told him that the cane found was not his.
Anson Fullerton on the stand corrob-
orated Bradeen's testimony as to Gleason's whereabouts on the night of the assault, testifying he was at the Ivy Leaf gambling rooms. He was also sure Frank Williams was in the room that night.
Fred Miller, police sergeant, being called testified that Carder denied the ownershop of the cane found. The defense made an effort to show that Miller at first identified the cane as Carder's but was not permitted so to do.
Mr. Lambertson offered an almanac showing when then the moon rose on the 9th day of December, the night of the first assault, and the court allowed it to go in spie of the objections of the defense that it had not been identified as a standard scientific authority.
------------------
This Morning.
When court opened McFarland was attended by his wife and many other female relatives and he found a momentary delight in trotting on his knee his little 3-years old daughter. Mrs. Sheedy sat in her accustomed place between her sisters, Mesdames Dean, Baker and Morgan, her countenance bearing that sad yet fixed expression that has cahracterized it throughout the trail. McFarland was seen to occasion- ally utilize his handkerchief to wipe away the tears as he would studiously gaze into the eyes of his little one, his mind doubless dwelling on the fearful possibilities of the future.
A THRATENING LETTER.
The first witness called was D. G. Courtnay, called by the defense. Witness stated John Sheedy was in his office shortly prior to the last assault and left a letter with witness for Mr. Strode, who was making the examination. The letter was given back to Sheedy and its whereabouts now is unknown, though watehed for while other papers of the deceased were being searched. Witness read the letter carfully. There was no signature to the letter and it was written in a disguised hand. Witness said the letter in substance was to the effect that unless he " let up" on the gamblers he would be killed.
TOO LATE.
Margaret Skinner was called, but objections were raised on the ground she was present while testitmony was being give, this was overulled and the witness testifed that she had rooms overlooking the alley in the rear of the Sheedy premises. Witness was asked what she saw in the alley.
Objetction were raised by the defense on the ground that such evidence was not rebutting anything.
Mr. Hall, of the prosceution, while admiting that it really didn not rebut anything should be allowed the privilege of introducing this evidence even though the witness was not examined in cheif, and not endoraed on the
information, for the reason it was most important testumony, going to show that she, this witness saw the
VERY MAN CHARGED
with this crime running eastward through the alley followed shortly after by police officers.
A howl of objections went up from the defense and Mr. Stearns, shaking with ire denounced Mr. Hall severely for his unmanly and unfair method of stating to the jury just what he wanted this witness to convey to them, thus prejudicing the jury and at the same time disregarding all ethics of law
Judge Field sustained the objecions, holding that the state could not, by means, introduce the witness at this time, meanwhile instructing the jury to disregard all such statments from the conusel on either side and telling the reporter to strike the speech from his record.
AS TO THE CANE.
EX-Mayor Graham was called and
( Contiuned on Fifth Page )
| 101IT IS CLOSED.
---------
In the Sheedy Case Testimony
Is All In.
----------
Arguments to Begin Next
Monday---Given to the
Jury Tuesday.
IMPORTANT WITNESS FOUND TOO LATE
Margaret Skinner Looked into the
Alley From an Upstairs Win-
dow--Her Testimony
Barred.
Now For the Finish.
On the whole, today's testimony was very dry and uniteresting in the Sheedy case, being all n the nature of rebuttal evidence.
The most important witness, perhaps, that the proscution has secured was today barred from testifying because of the fact that the state had rested its case. This witness was Margaret Skinner, who has rooms in the Butler block overlooking the alley in the rear of Sheedy's premises. She did not get to testify as to what she had seen when she opened her windows on hearing the shooting on the night Sheedy was assaulted, but from the statement made in open court by Mr. Hall of the prosecution, it is presumed she saw Monday McFarland coming out of the yard running up the alley to Thirteenth street. This, indeed, is what he conveyed to the jury in an unfair way this morning.
However, the case is now rested by both sides and arguments began Monday.
-----------------
Yesterday Afternoon.
E. H. Andrus, of Cushman park, was the first to testify, and the burden of his evidence was to the effect that he had seen Mr. and Mrs. Sheedy at the park and they appeared loving and social.
W. J . Marshal was next called. He was acquainted with Sheedy, saw Mr. and Mrs. Sheedy frequently and never saw anything but agreeable appearances between the parties. Never saw McFarland around the premises.
W. W. Carder was recalled and asked if he remembered saying to Officers Miller and Slip that he at first yhought it was his cane found at Sheedy's and afterwards concluded it was not. Witness could not remember such an incident.
Dr. N. R. Hook took the stand and gave testimony to the effect that he knew Mrs. Sheedy and she was one of his patients. He of her absence from the city last July. Saw her on January 16, 1891, next day after the burial of Sheedy, She said she didn't think she could live, Witness was her medical advisor so far as he knew.
F. B. Baker, a brother-in-law of Mrs. Sheedy, was sworn and testified that he was at the Sheedy residence the day after Sheedy's death and remembered the young man who came with a power of attorney for Mrs. Sheedy to sign.
There were present himself. Mrs. Sheedy and others. Mrs. Sheedy was sick that day. The Sheedy brothers were there, but Walstrom was not.
The young man had not seen Mrs. Sheedy when witness left the house about 12 o'clock.
SENT FOR WALSTROM.
Mrs. Dean was next called. Witness is a sister of Mrs. Sheedy. She was at the residence at the time and after Sheedy's death. Dennis Sheedy sent for Walstrom on the Saturday after the funeral. Mrs. Sheedy was there when Walstrom came. The young man with the power of attorney came on Satur-
day afternoon. The paino was not open nor had it been during the illness of Sheedy. Cross-examined : Witness said she did not know who told Dennis Sheedy where Walstrom's rooms were nor how Dennis Sheedy knew there was such a man on Walstrom. Mrs. Sheedy did not send for Walstrom, so far as witness knew. She did know that Dennis told Mrs. Sheedy he wanted to see Walstrom and Mrs. Sheedy sent him a note. Mr. Sheedy read the note, but not aloud. Witness was not acquainted with Walstrom at that time. though had seen him twice.
Mrs. Sheedy and witness went in just as Walstrom was leaving. Witness did not see anyone there with a power of attorney, but heard talk about a paper to sign.
HE WAS WORTH.
Hyman Goldwater was recalled by the defense for the purpose of asking impeaching questions. An objection was raised but overruled and Mr. Phil-pot proceeded with the examination. Witness did not tell his boy to sear that he fixed the head of the cane.
" And did you not on the same day thereafter, at the same place, tell L. C. Burr that he need not sue for the money for they had fixed up : and did not Mr. Burr say to you, ' Mr. Goldwater, you did not have that cane in your store at all, did you?' and did you not reply, 'It makes no differencem I am entitled to my money just the same."
" It is a great lie. I was there only buvonce at all, " roaded Mr. Goldwater,
BURR'S TESTIMONY.
L. C. Burr was also recalled Witness stated Goldwater was at his office twice on the day referred to.
" Did not, when he was there the first time, he tell you he fixed the cane and told his boy to swear that he (the boy) fixed the head of the cane?"
" He told me that in substance, as I recollect it. "
"On the day after not Goldwater tell you need not sue them, as they had fixed it up, or words to that effect and did you not say to him, " Goldwater, you never had that cane in your store.' and he said : It makes no difference so long as I gets my money. "
" This was about it, in. " in substance. "
SELF-EXAMIND AGAIN.
Col. Philpot was sworn again to testify as to Malone's assertion that McFarland was desperate, asking and answering questions himself.
" What is your name ?"
" J. E. Philpot."
" Do you kno Mr. Malone?"
" I do."
" Did you see him on the Sunday
evening following McFarland's arrest at the city jail and did he not say, referring to McFarland. " that man is in desperate circumstances and will comit suicide before morning?"
" He did so state."
THE REWARD.
S. M. Melick was recalled and questioned as to the reward and stated a reward had been offered in the sum of $ 1,000, being made at the Sheedy residence. It was offered by Dennis Sheedy. Witness told Malone such reward was offered. The reward was offered to witness and is a private reward.
" Have you promised any part of that to James Malone in case of conviction?"
" I have."
" How much?"
"One-half."
" When was the first reward offered before or after the arrest of these defendants?"
" Before the arrest."
" Did Malone know of this reward ?"
" Dennis Sheedy and Mrs. Sheedy."
Hall----" Mr. Melick, when was the last reward offered---after the arrest of Mrs. Sheedy?"
" Yes, sir. "
MR. STRODE DOES IT.
Attorney Strode followed the foot-steps of Col. Philpott in the matter of a self-examination, under oath to bring out or rebut the evidence of Malone, going to show that he had had a conver-
sation with Malone at police headquarters, wherein Malone admitted to witness that he secured the confession of McFarland by the " Sweat-box" process, searing it out of him.
On the stand Malone could not remember meeting this witness at police station or having a conversation with him. Neither could remember seeing Col. Philpott there and converring with him.
MEDICAL WORKS ENTERED.
Several extracts from medical works. rebutting evidence of expert witneses, were offered in evidence and admitted both by McFarland's and Mrs. Sheedy's attorneys.
ANOTHER CANE.
P. J. Stepney, recalled : Witness is a cousin of Monday McFarland. A cane was produced which witness testifed was one he owned and loaned to Monday McFarland, and which was brought down to the court room by Malone on request of the defense. Witness had loaned it to McFarland while he had rheumatism. It was similar to the cane found at the Sheedy house the night of the assault. Witness stated this cane he picked up around his sister's house sometime last spring. Did not know whose cane it was. He let McFarland have it sometimes after the fair and saw him with a time or two. This is the first time witness had seen it since the assault upon Sheedy.
INTERESTED PARTIES.
Dr. Holoyoke, coroner, was also recalied. Witness testified the inquest was held by him and to a question from Mr. Strode replied that he had a bone from the skull of John Sheedy's head.
It was removed by the physicans at the autopsy. It took some force, as it was the maler bone. It was offered in evidence.
Witness stated that the stomach was sealed up in a jar. Also one of the kidneys. The condition of the heart was somewhat enlarged. The stomach was kept in possession of witness until taken to Professor Vaughn at Ann Arbor, Mich., to have a contents analyzed.
DENNIS SHEEDY/
told witness to have the examination to have the examination of the stomach made and he would pay $ 200 toward the expanse and the county commissioners could only contribute $ 50.
" And who paid your expenses up there to Ann Arbor?" asked Mr. Strode.
" John Fitzgeraod paid them. "
"Who gave you the paper on Fitzgeraid?"
" Mr. Hall ( of the state) helped me to make out my bill against Mr. Fitzgerald."
With this tetimony the defense announced that it would rest its case.
THE STATE.
then called George Brandeen. He knew John Sheedy. Also one Wm. Gleason.
On the night of the assault upon Sheedy he was at the club rooms on North Tenth. Wm. Gleason was there also (over the Ivvy Leaf ) from 7 to about 10 o'clock. They were " transacting business. " Witness saw A. W. Carder there after 10 o'clock. Cross-examined : Witness said rooms were gambiling rooms : presumed there was gambling there last night. Didn't know who run the place and as to who were gambling there on that night declined to answer on the ground of incrimination. Witness stated there was no ill feeling between himself and Sheedy at that time.
C. E. Alexander was also called by the prosecution to rebut the testimony of W. W. Carder. Witness stated that Carder told him during the week after Sheedy's assault that the cane found was not his. Cross-examined : Witness stated he had taken a deep interest in this case only as newspaper reporter. Witness said he did not go to Mr. Sanders.' saloon to consult him about the case, only to take a drink,
Admitted that he did take out his notes and read them to Mr. Sanders.
H. V. Hoagland was also recalled for the same purpose and stated that Carder told him that the cane found was not his.
Anson Fullerton on the stand corrob-
orated Bradeen's testimony as to Gleason's whereabouts on the night of the assault, testifying he was at the Ivy Leaf gambling rooms. He was also sure Frank Williams was in the room that night.
Fred Miller, police sergeant, being called testified that Carder denied the ownershop of the cane found. The defense made an effort to show that Miller at first identified the cane as Carder's but was not permitted so to do.
Mr. Lambertson offered an almanac showing when then the moon rose on the 9th day of December, the night of the first assault, and the court allowed it to go in spie of the objections of the defense that it had not been identified as a standard scientific authority.
------------------
This Morning.
When court opened McFarland was attended by his wife and many other female relatives and he found a momentary delight in trotting on his knee his little 3-years old daughter. Mrs. Sheedy sat in her accustomed place between her sisters, Mesdames Dean, Baker and Morgan, her countenance bearing that sad yet fixed expression that has cahracterized it throughout the trail. McFarland was seen to occasion- ally utilize his handkerchief to wipe away the tears as he would studiously gaze into the eyes of his little one, his mind doubless dwelling on the fearful possibilities of the future.
A THRATENING LETTER.
The first witness called was D. G. Courtnay, called by the defense. Witness stated John Sheedy was in his office shortly prior to the last assault and left a letter with witness for Mr. Strode, who was making the examination. The letter was given back to Sheedy and its whereabouts now is unknown, though watehed for while other papers of the deceased were being searched. Witness read the letter carfully. There was no signature to the letter and it was written in a disguised hand. Witness said the letter in substance was to the effect that unless he " let up" on the gamblers he would be killed.
TOO LATE.
Margaret Skinner was called, but objections were raised on the ground she was present while testitmony was being give, this was overulled and the witness testifed that she had rooms overlooking the alley in the rear of the Sheedy premises. Witness was asked what she saw in the alley.
Objetction were raised by the defense on the ground that such evidence was not rebutting anything.
Mr. Hall, of the prosceution, while admiting that it really didn not rebut anything should be allowed the privilege of introducing this evidence even though the witness was not examined in cheif, and not endoraed on the
information, for the reason it was most important testumony, going to show that she, this witness saw the
VERY MAN CHARGED
with this crime running eastward through the alley followed shortly after by police officers.
A howl of objections went up from the defense and Mr. Stearns, shaking with ire denounced Mr. Hall severely for his unmanly and unfair method of stating to the jury just what he wanted this witness to convey to them, thus prejudicing the jury and at the same time disregarding all ethics of law
Judge Field sustained the objecions, holding that the state could not, by means, introduce the witness at this time, meanwhile instructing the jury to disregard all such statments from the conusel on either side and telling the reporter to strike the speech from his record.
AS TO THE CANE.
EX-Mayor Graham was called and
( Contiuned on Fifth Page )
|
