148

LOCAL NEWS.

THURSDAY

Judge Stewart handed down his decision today in the case brought by A. P. S. Stuart against Mayor Graham and the city for tearing down an old building of his. The court found that plaintiff had failed to sustain his cause of action, and assessed costs against him.

When McKesson of Lancaster, arose in his seat this morning on a question of privilege, the climax was capped. The gentleman insisted that the architects of the capital had no respect for his feminine voice when they figured on the "acoustics" of representative hall. The speaker raised up hurriedly and leaning over the chancel, fondled his ear with his hand and raising his gavel exclaimed, "Eh!! the gentleman from Lancaster will be seated, you are out of order, I want to say to the house that you gentlemen preserve decorum towards the speaker and confine your remarks to decency and not to epithets.

Still a Work.

The News' report yesterday closed in the middle of Dr. Beachley's testimony. He testified further that if death is caused by concussion of the brain the effect is noticed very soon after the blow. Concussion of the brain is noticed by a disturbance of the particles or substance forming the brain. From the condition of his heart I do not think it possible that the blow caused his death by shock.

Officer Kinney was called. Have been a member of the force three years. Heard shooting on the night of Sheedy's murder. Was at the Burr block and ran to and down the alley. Saw no one and came back to Sheedy's house. Found cane on the porch of the Sheedy mansion. This was just after the shooting on Sunday night. Took into the house to see if it belonged to Mr. Sheedy, and, turned it over to Officer Otto.

John Klausner sworn. Have lived in Lincoln nine years. Work for Brown and go to business college. Mrs. Sheedy told me a friend from Buffalo would be here shortly, and would like to have me room with him. Met Walstrom at Windsor hotel some time in October. He said he would like to get a room together and left it to me to pick out. I did so, and secured room 9, Heater block. I carried notes from Mrs. Sheedy to Walstrom, and from Walstrom to Mrs. Sheedy. Notes were not addressed. Carried about nine or ten. Also carried a basket of victuals two or three times. Got it at kitchen; Mrs. Sheedy told me to call and get it. It was put up by Mrs. Sheedy, sometimes she was helped by the hired girl. I also took a small satin pouch which Walstrom used to put his ring in. Carried a bundle from Walstrom to Mrs. Sheedy on Saturday after Sheedy was killed. Carried no bundles from Mrs. Sheedy to Walstrom. Have known Mrs. Sheedy five years; lived there about four years. Mrs. Sheedy told me she didn't think she would live with Mr. S. long, as he had threatened to strike her, and she was going to get a divorce. I roomed with him all the time; he was not out of town since I met him at the Windsor in October. Never knew of Mrs. Sheedy and Walstrom being together. Walstrom had been here once before, and went from here to Omaha. He worked at the B. & M. Yards as a machinist. Don't know who was boss, but worked about a month and a half after I knew him. He did nothing after that but stayed in his room most of the time. He said he came here for his health. I paid $4 and he paid $8 per month for the room. He paid it all and I paid him as I could. Malone and a Chicago detective threatened to put me in jail if I didn't tell all I knew, but I could not tell any more than I have now. Mr. Carpenter once came to business college after me to tell me that Mrs. Sheedy wanted me to carry a note. She told me to tell Wallstrom that if he did not go to the funeral she would never think anything of him again. Mrs. Sheedy paid me during the time about $3 or $4. Heard Carpenter say that Sheedy was hurt. Wallstrom said he was sorry, and went on playing high five. I went to funeral with Wallstrom.

Dennis Sheedy, a nephew of deceased, testified that he was at church when his uncle was struck. Got home about 9 o'clock. No one there but Mr. and Mrs. Sheedy. Stayed washing blood off his clothes. She said he was not hurt very bad; would be all right in the morning. Dr. Hart gave him two or three doses in water, which were immediately vomited. The medicine was then given him in coffee made by Mrs. Sheedy. He went into a doze about 12 o'clock. I was awake all night; saw labored breathing about 4 or 5 o'clock. Dr. Hart and Mrs. Sheedy and myself were present. Dr. Hart went for Dr. Everett about this time. Only a small boy present besides. Saw Mrs. Sheedy take $10 or $15 in silver out of his pocket; no roll of bills.

T. C. Munger, a member of the coroner's jury, was next sworn, but the defense objected to his telling anything that McFarland had said before the jury, and the attorneys were given until this morning to cite authorities.

Chas. Carpenter, who lives near Sheedy, testified to having heard the shooting, and ran out in time to see Sheedy firing. He corroborated Klausner's testimony as to notifying Wallstrom of Sheedy's being assaulted, and to carrying a message to the boy. He said Mrs. Sheedy had made no secret of asking him to notify Wallstrom.

Mrs. Carpenter was also called. Her principal testimony was to the effect that Mrs. Sheedy and Walstrom had met twice at her house.

Miss Norma Hood testified to having been told by Mrs. Sheedy that she and her husband had had trouble and she was going to leave him because he had threatened to kill her. Had seen Mrs. Sheedy and Walstrom at the performance of the "U and I" Co., at opera house. They had been at her house once. Mrs. Sheedy had once referred to Walstrom as my sweetheart. Attorney Strode created some amusement and raised objections from the prosecution by asking if Mrs. Sheedy treated Walstrom with any more affection than any other married woman treated young men in town. An adjournment was then taken until 10 o'clock this morning.

There was a greatly reduced attendance at the preliminary hearing this morning. Mrs. Sheedy and one of her sisters, both attired in black, were imperturbable, Walstrom looked as though he had not slept well last night, his hair being unkempt and his eyes red, while McFarland wore his usual grin, as though this was nothing but a picnic for him. There were numerous tilts between the opposing counsel, Captain Billingsley; who appeared for McFarland and Walstrom, and F. M. Hall of the prosecution having particularly acrimonious debates. McFarland enjoyed these more than anyone else in the room.

Dennis Sheedy, jr., was recalled this morning. He said that during the evening he saw Mrs. Sheedy sitting at the bedside, and thought the feeling evinced was very friendly. Never saw anything other than a friendly feeling between them, nor anything that would lead me to thing that Mrs. Sheedy wished for her husband's death.

Marshal Melick called. Know McFarland. Heard a conference at my office between the mayor and others and McFarland at Melick's office in city building. This was during the afternoon, eighteen hours after his arrest. He was arrested by Melick and Malone without a warrant at his place of business, on P. Street. Informed him that he was arrested for the murder of John Sheedy. This was about 8 p. m. Saturday. (A) Officer Malone appeared to be a nightmare to Attorney Philpott, he was removed from the room at this point. The mayor asked McFarland to make a statement, intimating that I would be better for him to make a clean breast of it and turn state's evidence. Mayor and Malone were present during the entire conversation; did not tell him he could have counsel if he wanted it. Did not speak to him again until the next day in regard to this murder. He was left in charge of officer Kinney for the night; do not remember of any instructions that no one should see him. Next day he was brought to my office. Dennis Sheedy, Malone, Holyoke, and other present; think a short hand reporter was concealed behind the curtain for the purpose of taking down conversation in regard to the murder of Sheedy. McFarland was informed of the purpose for which he was brought here -regarding the murder. Mayor Graham told Monday that they wanted to know all he knew about the Sheedy matter. All present acted as questioners; was informed that Monday had made a sort of confession during the night in his cell to Officers Malone and Kinney. Told Philpott that he could see Monday in about an hour, but refused to let him see hindering the interview in marshal's office.

H. P. Love. Lived in Lincoln since July; B. & M. brakeman; saw McFarland on the Monday morning after the Sheedy murder. Saw him near Mack hotel, and was pretty full. He said after running against one or two men, "Get out of my way, or I will use you as I did Sheedy," or as "they did Sheedy," at the same time flourishing a cane or stick. Have known Malone for six years, but am not related in any way.

Dr. Holyoke. Stomach of John Sheedy has been turned over to me, and has been in my possession ever since the autopsy. Have made arrangements with Prof. V. C. Vaugh of Ann Arbor, Mich., to take charge of work. I leave tomorrow with the stomach to deliver it to him for analysis. Prof. Vaughn is chemist of national reputation.

Detective Malone was called, but officer Kinney was removed during this time. Am a police officer; have lately been acting as the detective of the force; have no regular beat, but cover most of the city. Took Monday to marshal's office after being arrested, and told him there was no monkeying about it, as he was the man who hit Sheedy. He admitted to buying the cane, and identified the one found, as the one he had bought of Goldwater. I got key and unlocked cell, and let Carder into the cell, when Carder told him to keep his mouth shut. Kept in same cell all the time, only spoke to him once during the night. Saw him next time on Sunday morning, when Monday said he wanted to see me, and I told him that "no mob could get at him while we had him." Monday said, "it is the end of the road with me, and I might as well tell as not."

Officer Kinney - Malone was at the cell when I got there. Carder was there also. We talked about half or three quarters of an hour. I told Monday that I didn't think he was in it alone, and that he was a fool to take it all himself, and that he better give it up, and tell who were implicated with him.

More ladies than at other time during the trial, and they were separated from the general throng by being put inside the railing.

Kinney went to Monday's cell on request of Monday. Was refused by Carder, but admitted by Malone. This was my first conversation with McFarland. I wanted him to tell everything he knew in regard to the Sheedy murder.

Mayor Graham - Was at an interview held at the marshal's office with Monday McFarland. Went there to hear the confession of Monday. Was called there by Melick at about 10 o'clock. He was brought in immediately after I got there by Melick and Malone. All that he said was taken down by a shorthand reporter. I spoke to him first. I said: "I understand you wish to make a clean breast of this matter and I advise you to go ahead and tell us all you know of the matter, commence at the beginning;" he then went ahead and told the whole story with very little prompting. I did not offer any inducement to him to make a confession, he needed no inducement on this occasion, and he was anxious to make it.

Malicious Prosecution.

Last March George W. Hale of Garfield county was arrested on complaint of the officers of the Ord national bank on the charge of removing mortgaged property into another state. Hale claimed that he had received permission from the bank officials to move his property into another state, but this was denied by the bankers. Hale backed up his claim with evidence and was acquitted. He then commenced suit against the bank for $15,000 damages for malicious prosecution. The case is being heard in the U. S. court today, and there is a cloud of witnesses in attendance. The lawyers have been squabbling half the time and Judge Dundy had to figuratively sit down on them pretty hard a time or two.

Grocer Askwith of Council Bluffs sued Allen Bros and others of Omaha in the U. S. Court for $5,000 damages because, he claimed that they had sold his entire stock at sheriff's sale, despite the $500 exemption allowed. The case was ventilated in court yesterday and given to the jury. A verdict was brought in this morning for $553 damages, this including the $500 exemption and the costs of the suit.

LOCAL NEWS.

THURSDAY

Judge Stewart handed down his decision today in the case brought by A. P. S. Stuart against Mayor Graham and the city for tearing down an old building of his. The court found that plaintiff had failed to sustain his cause of action, and assessed costs against him.

When McKesson of Lancaster, arose in his seat this morning on a question of privilege, the climax was capped. The gentleman insisted that the architects of the capital had no respect for his feminine voice when they figured on the "acoustics" of representative hall. The speaker raised up hurriedly and leaning over the chancel, fondled his ear with his hand and raising his gavel exclaimed, "Eh!! the gentleman from Lancaster will be seated, you are out of order, I want to say to the house that you gentlemen preserve decorum towards the speaker and confine your remarks to decency and not to epithets.

Still a Work.

The News' report yesterday closed in the middle of Dr. Beachley's testimony. He testified further that if death is caused by concussion of the brain the effect is noticed very soon after the blow. Concussion of the brain is noticed by a disturbance of the particles or substance forming the brain. From the condition of his heart I do not think it possible that the blow caused his death by shock.

Officer Kinney was called. Have been a member of the force three years. Heard shooting on the night of Sheedy's murder. Was at the Burr block and ran to and down the alley. Saw no one and came back to Sheedy's house. Found cane on the porch of the Sheedy mansion. This was just after the shooting on Sunday night. Took into the house to see if it belonged to Mr. Sheedy, and, turned it over to Officer Otto.

John Klausner sworn. Have lived in Lincoln nine years. Work for Brown and go to business college. Mrs. Sheedy told me a friend from Buffalo would be here shortly, and would like to have me room with him. Met Walstrom at Windsor hotel some time in October. He said he would like to get a room together and left it to me to pick out. I did so, and secured room 9, Heater block. I carried notes from Mrs. Sheedy to Walstrom, and from Walstrom to Mrs. Sheedy. Notes were not addressed. Carried about nine or ten. Also carried a basket of victuals two or three times. Got it at kitchen; Mrs. Sheedy told me to call and get it. It was put up by Mrs. Sheedy, sometimes she was helped by the hired girl. I also took a small satin pouch which Walstrom used to put his ring in. Carried a bundle from Walstrom to Mrs. Sheedy on Saturday after Sheedy was killed. Carried no bundles from Mrs. Sheedy to Walstrom. Have known Mrs. Sheedy five years; lived there about four years. Mrs. Sheedy told me she didn't think she would live with Mr. S. long, as he had threatened to strike her, and she was going to get a divorce. I roomed with him all the time; he was not out of town since I met him at the Windsor in October. Never knew of Mrs. Sheedy and Walstrom being together. Walstrom had been here once before, and went from here to Omaha. He worked at the B. & M. Yards as a machinist. Don't know who was boss, but worked about a month and a half after I knew him. He did nothing after that but stayed in his room most of the time. He said he came here for his health. I paid $4 and he paid $8 per month for the room. He paid it all and I paid him as I could. Malone and a Chicago detective threatened to put me in jail if I didn't tell all I knew, but I could not tell any more than I have now. Mr. Carpenter once came to business college after me to tell me that Mrs. Sheedy wanted me to carry a note. She told me to tell Wallstrom that if he did not go to the funeral she would never think anything of him again. Mrs. Sheedy paid me during the time about $3 or $4. Heard Carpenter say that Sheedy was hurt. Wallstrom said he was sorry, and went on playing high five. I went to funeral with Wallstrom.

Dennis Sheedy, a nephew of deceased, testified that he was at church when his uncle was struck. Got home about 9 o'clock. No one there but Mr. and Mrs. Sheedy. Stayed washing blood off his clothes. She said he was not hurt very bad; would be all right in the morning. Dr. Hart gave him two or three doses in water, which were immediately vomited. The medicine was then given him in coffee made by Mrs. Sheedy. He went into a doze about 12 o'clock. I was awake all night; saw labored breathing about 4 or 5 o'clock. Dr. Hart and Mrs. Sheedy and myself were present. Dr. Hart went for Dr. Everett about this time. Only a small boy present besides. Saw Mrs. Sheedy take $10 or $15 in silver out of his pocket; no roll of bills.

T. C. Munger, a member of the coroner's jury, was next sworn, but the defense objected to his telling anything that McFarland had said before the jury, and the attorneys were given until this morning to cite authorities.

Chas. Carpenter, who lives near Sheedy, testified to having heard the shooting, and ran out in time to see Sheedy firing. He corroborated Klausner's testimony as to notifying Wallstrom of Sheedy's being assaulted, and to carrying a message to the boy. He said Mrs. Sheedy had made no secret of asking him to notify Wallstrom.

Mrs. Carpenter was also called. Her principal testimony was to the effect that Mrs. Sheedy and Walstrom had met twice at her house.

Miss Norma Hood testified to having been told by Mrs. Sheedy that she and her husband had had trouble and she was going to leave him because he had threatened to kill her. Had seen Mrs. Sheedy and Walstrom at the performance of the "U and I" Co., at opera house. They had been at her house once. Mrs. Sheedy had once referred to Walstrom as my sweetheart. Attorney Strode created some amusement and raised objections from the prosecution by asking if Mrs. Sheedy treated Walstrom with any more affection than any other married woman treated young men in town. An adjournment was then taken until 10 o'clock this morning.

There was a greatly reduced attendance at the preliminary hearing this morning. Mrs. Sheedy and one of her sisters, both attired in black, were imperturbable, Walstrom looked as though he had not slept well last night, his hair being unkempt and his eyes red, while McFarland wore his usual grin, as though this was nothing but a picnic for him. There were numerous tilts between the opposing counsel, Captain Billingsley; who appeared for McFarland and Walstrom, and F. M. Hall of the prosecution having particularly acrimonious debates. McFarland enjoyed these more than anyone else in the room.

Dennis Sheedy, jr., was recalled this morning. He said that during the evening he saw Mrs. Sheedy sitting at the bedside, and thought the feeling evinced was very friendly. Never saw anything other than a friendly feeling between them, nor anything that would lead me to thing that Mrs. Sheedy wished for her husband's death.

Marshal Melick called. Know McFarland. Heard a conference at my office between the mayor and others and McFarland at Melick's office in city building. This was during the afternoon, eighteen hours after his arrest. He was arrested by Melick and Malone without a warrant at his place of business, on P. Street. Informed him that he was arrested for the murder of John Sheedy. This was about 8 p. m. Saturday. (A) Officer Malone appeared to be a nightmare to Attorney Philpott, he was removed from the room at this point. The mayor asked McFarland to make a statement, intimating that I would be better for him to make a clean breast of it and turn state's evidence. Mayor and Malone were present during the entire conversation; did not tell him he could have counsel if he wanted it. Did not speak to him again until the next day in regard to this murder. He was left in charge of officer Kinney for the night; do not remember of any instructions that no one should see him. Next day he was brought to my office. Dennis Sheedy, Malone, Holyoke, and other present; think a short hand reporter was concealed behind the curtain for the purpose of taking down conversation in regard to the murder of Sheedy. McFarland was informed of the purpose for which he was brought here -regarding the murder. Mayor Graham told Monday that they wanted to know all he knew about the Sheedy matter. All present acted as questioners; was informed that Monday had made a sort of confession during the night in his cell to Officers Malone and Kinney. Told Philpott that he could see Monday in about an hour, but refused to let him see hindering the interview in marshal's office.

H. P. Love. Lived in Lincoln since July; B. & M. brakeman; saw McFarland on the Monday morning after the Sheedy murder. Saw him near Mack hotel, and was pretty full. He said after running against one or two men, "Get out of my way, or I will use you as I did Sheedy," or as "they did Sheedy," at the same time flourishing a cane or stick. Have known Malone for six years, but am not related in any way.

Dr. Holyoke. Stomach of John Sheedy has been turned over to me, and has been in my possession ever since the autopsy. Have made arrangements with Prof. V. C. Vaugh of Ann Arbor, Mich., to take charge of work. I leave tomorrow with the stomach to deliver it to him for analysis. Prof. Vaughn is chemist of national reputation.

Detective Malone was called, but officer Kinney was removed during this time. Am a police officer; have lately been acting as the detective of the force; have no regular beat, but cover most of the city. Took Monday to marshal's office after being arrested, and told him there was no monkeying about it, as he was the man who hit Sheedy. He admitted to buying the cane, and identified the one found, as the one he had bought of Goldwater. I got key and unlocked cell, and let Carder into the cell, when Carder told him to keep his mouth shut. Kept in same cell all the time, only spoke to him once during the night. Saw him next time on Sunday morning, when Monday said he wanted to see me, and I told him that "no mob could get at him while we had him." Monday said, "it is the end of the road with me, and I might as well tell as not."

Officer Kinney - Malone was at the cell when I got there. Carder was there also. We talked about half or three quarters of an hour. I told Monday that I didn't think he was in it alone, and that he was a fool to take it all himself, and that he better give it up, and tell who were implicated with him.

More ladies than at other time during the trial, and they were separated from the general throng by being put inside the railing.

Kinney went to Monday's cell on request of Monday. Was refused by Carder, but admitted by Malone. This was my first conversation with McFarland. I wanted him to tell everything he knew in regard to the Sheedy murder.

Mayor Graham - Was at an interview held at the marshal's office with Monday McFarland. Went there to hear the confession of Monday. Was called there by Melick at about 10 o'clock. He was brought in immediately after I got there by Melick and Malone. All that he said was taken down by a shorthand reporter. I spoke to him first. I said: "I understand you wish to make a clean breast of this matter and I advise you to go ahead and tell us all you know of the matter, commence at the beginning;" he then went ahead and told the whole story with very little prompting. I did not offer any inducement to him to make a confession, he needed no inducement on this occasion, and he was anxious to make it.

Malicious Prosecution.

Last March George W. Hale of Garfield county was arrested on complaint of the officers of the Ord national bank on the charge of removing mortgaged property into another state. Hale claimed that he had received permission from the bank officials to move his property into another state, but this was denied by the bankers. Hale backed up his claim with evidence and was acquitted. He then commenced suit against the bank for $15,000 damages for malicious prosecution. The case is being heard in the U. S. court today, and there is a cloud of witnesses in attendance. The lawyers have been squabbling half the time and Judge Dundy had to figuratively sit down on them pretty hard a time or two.

Grocer Askwith of Council Bluffs sued Allen Bros and others of Omaha in the U. S. Court for $5,000 damages because, he claimed that they had sold his entire stock at sheriff's sale, despite the $500 exemption allowed. The case was ventilated in court yesterday and given to the jury. A verdict was brought in this morning for $553 damages, this including the $500 exemption and the costs of the suit.