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Hallie at Jul 21, 2020 05:02 PM

211

WILL THE NEGRO TESTIFY?

[CONTINUED FROM FIRST PAGE.]

ways about 4 o'clock to deliver the notes. I never saw Mr.Sheedy there when I delivered them. I [?] Mr.Sheedy that I was carrying notes to his wife. I carried three or four [?] of victuals to our room. There was chicken and other victuals in the basket. Once or twice there was a bottle of porter. Walstrom and I used to eat and drink these things together. Mrs.Sheedy never gave me anything like that to take to my room when I was rooming alone."

During this recital one of Mrs.Sheedy's sisters looked at her inquiringly. As the witness continued the look developed gradually from one of interrogation to one of surprise and then to one strongly resembling disgust. The witness then continued:

"Two or three days after Mr.Sheedy was buried I carried a package of some soft material from Mr.Walstrom to Mrs.Sheedy. The day Mr.Sheedy died Mrs,Sheedy told me to tell Mr.Walstrom to be sure and be at the funeral or she would not think anything of him."

Great difficulty was experienced by the attorneys for the prosecution in getting these facts out of the witness. Suddenly Mr.Hall asked the witness:

"Hasn't Mr.Strode the attorney for Mrs. Sheedy , has you up in his office?"

The witness colored up, hesitated and finally said:
"Yes,sir," was the reply

"How many times?"
"Twice."
"WHo took you to the jail each time?"
"Mr.Strode and Mrs.Dean, sister of Mrs.Sheedy."

Nothing more could be learned from the witness as to what was said at the time of these visits. In reply to other questions the witness said:

"The afternoon of the day that Mr.Sheedy died Mrs.Sheedy told me to tell Walstrom that she was afraid Mr.Sheedy was going to die. One day last summer when I was at the Sheedy residence Mrs.Sheedy came into the house crying. She said she wanted to get a divorce from Mr.Sheedy because she couldn't get along with him. She said that her husband was jealous of her."

It required about ten minutes to get this last statement out of the witness. Mr.Hall then asked:
"Didn't Mrs.Sheedy tell you that she thought a great deal of Walstrom?"

Mr.Strode, Mrs. Sheedy's counsel, objected that it was a leading question. The Mr.Hall rose and addressed the court. He declared that the manner of the witness was sufficient to indicate that he was under the influence of the defense and that the only way to get any testimony out of him was to ask him leading questions. The judge acquicased and admitted that under the circumstances such questions were necessary. The witness then answered:
"Yes,sir."

Mr.Hall then asked:
"Didn't Mrs.Sheedy say to Walstrom that id ever he got sick that she come up and nurse him?"

Objected to objection overruled.
Witness answered "Yes."

As so much difficulty had been experienced in getting important testimony out of the witness, Mr.Hall therefore asked permission to discontinue the examination of the witness until he could secure his copy of the testimony of the witness at the preliminary examination as Strode and the other attorneys for the defense objected to his using theirs.

Philpot, attorney for the negro, objected to cross-examining the witness until the prosecution got through with the examination of the witness. A long squabble ensued, during which the witness was excused, but as he was leaving the room he was suddenly called back and again put on the stand.

Mr.Strode, counsel for Mrs.Sheedy , then demanded of the witness:
"Johnny, weren't you kept a prisoner for ten days because they thought you knew more? Didn't they try to make you tell Hos? Didn't Malone and a Plakeron detective hound you, attempting to get you to say certain things that they wished?"

"Hold on," said Lambertson, "give the witness a chance to answer." But the witness had already managed to get in a number of "yeses" somewhere during this fusilade.

"Then Hall took the witness and asked him if he had ever volunteered any information of any kind to the prosecution "to which he replied:

"No, sir, I didn't wish to be a witness."

"When first approached by Malone did you tell him anything about carrying notes?"
"No, sir, I didn't"
tell Malone anything about carrying noted and catables back and forth from Mrs.Sheedy. I didn't propose to tell anything he didn't ask about. I carried a ring pouch from Mrs.Sheedy to Walstrom."

Stearns then made some sarcastic remark about detective Malone, whereupon Lambertson retorted:

"If Jim Malone should happen to die I don't know what you fellows would have to kick about."

The witness was then excused and court adjourned.

211

WILL THE NEGRO TESTIFY?

[CONTINUED FROM FIRST PAGE.]

ways about 4 o'clock to deliver the notes. I never saw Mr.Sheedy there when I delivered them. I [?] Mr.Sheedy that I was carrying notes to his wife. I carried three or four [?] of victuals to our room. There was chicken and other victuals in the basket. Once or twice there was a bottle of porter. Walstrom and I used to eat and drink these things together. Mrs.Sheedy never gave me anything like that to take to my room when I was rooming alone."

During this recital one of Mrs.Sheedy's sisters looked at her inquiringly. As the witness continued the look developed gradually from one of interrogation to one of surprise and then to one strongly resembling disgust. The witness then continued:

"Two or three days after Mr.Sheedy was buried I carried a package of some soft material from Mr.Walstrom to Mrs.Sheedy. The day Mr.Sheedy died Mrs,Sheedy told me to tell Mr.Walstrom to be sure and be at the funeral or she would not think anything of him."

Great difficulty was experienced by the attorneys for the prosecution in getting these facts out of the witness. Suddenly Mr.Hall asked the witness:

"Hasn't Mr.Strode the attorney for Mrs. Sheedy , has you up in his office?"

The witness colored up, hesitated and finally said:
"Yes,sir," was the reply

"How many times?"
"Twice."
"WHo took you to the jail each time?"
"Mr.Strode and Mrs.Dean, sister of Mrs.Sheedy."

Nothing more could be learned from the witness as to what was said at the time of these visits. In reply to other questions the witness said:

"The afternoon of the day that Mr.Sheedy died Mrs.Sheedy told me to tell Walstrom that she was afraid Mr.Sheedy was going to die. One day last summer when I was at the Sheedy residence Mrs.Sheedy came into the house crying. She said she wanted to get a divorce from Mr.Sheedy because she couldn't get along with him. She said that her husband was jealous of her."

It required about ten minutes to get this last statement out of the witness. Mr.Hall then asked:
"Didn't Mrs.Sheedy tell you that she thought a great deal of Walstrom?"

Mr.Strode, Mrs. Sheedy's counsel, objected that it was a leading question. The Mr.Hall rose and addressed the court. He declared that the manner of the witness was sufficient to indicate that he was under the influence of the defense and that the only way to get any testimony out of him was to ask him leading questions. The judge acquicased and admitted that under the circumstances such questions were necessary. The witness then answered:
"Yes,sir."

Mr.Hall then asked:
"Didn't Mrs.Sheedy say to Walstrom that id ever he got sick that she come up and nurse him?"

Objected to objection overruled.
Witness answered "Yes."

As so much difficulty had been experienced in getting important testimony out of the witness, Mr.Hall therefore asked permission to discontinue the examination of the witness until he could secure his copy of the testimony of the witness at the preliminary examination as Strode and the other attorneys for the defense objected to his using theirs.

Philpot, attorney for the negro, objected to cross-examining the witness until the prosecution got through with the examination of the witness. A long squabble ensued, during which the witness was excused, but as he was leaving the room he was suddenly called back and again put on the stand.

Mr.Strode, counsel for Mrs.Sheedy , then demanded of the witness:
"Johnny, weren't you kept a prisoner for ten days because they thought you knew more? Didn't they try to make you tell Hos? Didn't Malone and a Plakeron detective hound you, attempting to get you to say certain things that they wished?"

"Hold on," said Lambertson, "give the witness a chance to answer." But the witness had already managed to get in a number of "yeses" somewhere during this fusilade.

"Then Hall took the witness and asked him if he had ever volunteered any information of any kind to the prosecution "to which he replied:

"No, sir, I didn't wish to be a witness."

"When first approached by Malone did you tell him anything about carrying notes?"
"No, sir, I didn't"
tell Malone anything about carrying noted and catables back and forth from Mrs.Sheedy. I didn't propose to tell anything he didn't ask about. I carried a ring pouch from Mrs.Sheedy to Walstrom."

Stearns then made some sarcastic remark about detective Malone, whereupon Lambertson retorted:

"If Jim Malone should happen to die I don't know what you fellows would have to kick about."

The witness was then excused and court adjourned.