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10 WEEKLY NEBRASKA STATE JOURNAL FRIDAY MAY 29 1891

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church, and then up M street to Thirteenth and north to O, where he was when the first shot was fired.

It Was a Happy Family.

Miss Carrie Hatch resided at the northeast corner of Eleventh and E; was quite familiar with Mr. and Mrs. Sheedy and visited there quite often during the past nine years; was there about four weeks after Mrs. Sheedy returned from Buffalo; was there a short time before he died; her opinion was that they thought a great deal of each other; they always spoke of each other in the kindliest tones; was there Monday afternoon and Mrs. Sheedy was kneeling by the head of the bed, with her right arm under the pillow, while with the the other she caressed her husband's hand, which lay outside of the covers; she was calling to him, "John! John, dear! Don't you know me?" Then she laid her hand upon thte pillow beside his and there were tears in her eyes. Always noticed the kindest relations between them; didn't remember how she was in the habit of greeting him when he came home. Was in the house Monday afternoon about an hour and a short time in the evening. No one was giving attention to Sheedy but Mrs. Sheedy and she appeared to feel dreadful.

Cross-examined, witness said she was the wife of Dory Hatch, but didn't know that he had received any assistance from the defense; first knew Mrs. Sheedy after she was married. Witness' husband sent a not for her to come down, as he wanted her to go and call on Mrs. Sheedy; that was about nine years ago. Witness called on Mrs. Sheedy about four weeks after her return from Buffalo; Mrs. Sheedy had said she was very much better. Didn't think Mrs. Sheedy ever made a condident of witness and never called at witness' home after her return from Buffalo. Witness had made the remark that she supposed Mr. Sheedy was glad that she had come home. Mrs. Sheedy had remarked that he had a queer way of showing it, as he didn't meet her at the train. She said that every time she went away she had to get acquainted with him over again. She had evidently felt hurt, but said that it was all right again, as he had become natural again. Didn't make any complaints that he was jealous or penurious and didn't say that if she had known he would not have been more pleased to see her she wouldn't have come back.

Mrs. Sheedy Seemed to Be Weeping.

Charles C. Carpenter was called for the defense and examined as to the deportment of Mrs. Sheedy on the night of the assault; she seemed to be waiting on the doctors; was back there about 4 o'clock in the morning, she was sitting on the bed and seemed to be feeling very bad; she had her handkerchief up to her face and appeared to be weeping; saw her several times during the day and she appeared to be feeling very badly; also after Sheedy's death; she didn't seem to be doing anything in particular either time; had no conversation with her after her husband's death; was at the funeral; saw her when she came out and got into the carriage; she was dressed in mourning; didn't see her making any demonstration of feeling; saw her after the funeral and she appeared to be down-hearted, as a woman would under the circumstances.

Cross-examined: When he went over at 4 a. m. on the morning after the assault Dr. Hart sent for him; was on neighborly relations with the Sheedy family.

"Mr. Carpenter," asked Mr. Hall, "did you ever do any errands for Mrs. Sheedy?"

Objection of the defense sustained.

"Did you ever purchase any drafts for Mrs. Sheedy?"

"No, sir."

"Did you ever make a remark in you saloon soon after the assault that you suspicioned that such a thing was likely to occur?"

"No, sir."

"Did you ever see anything occurring around the Sheedy residence that would lead you to suspect such a thing?"

"No, sir."

Sheedy Said It Was "The Big Man."

Ab Carder of Fourteenth and O streets had known John Sheedy for sixteen years and prior to his death had been employed by him to watch a couple of men.

Witness said he asked Sheedy who hit him and he said it was "the big man of the two." Sheedy asked witness not to go to be that night.

"Did you know who the big man was that he meant?"

"Yes, sir."

"Who was it?"

"Gleason."

"Do you know who the little man was?"

"Yes, sir."

"Who was it?"

"Williams."

"Are they white or colored?"

"They are white."

"What is their business?"

"Gamblers?"

"Where do they live?"

"One of them is still here. The other one went to Denver since the new mayor came in."

Witness said that Mrs. Sheedy seemed to be worried that night and said he would be well paid if he found out who did it. Was there next day a little after 7 a. m. and saw Mrs. Sheedy; Sheedy was unconscious; she was down beside the bed and asking him to speak to her again and trying to arouse him. Was there again at 11:30 a. m. on Monday; Mrs. Sheedy was there; they were having prayers; she was near the foot of the bed praying and crying.

Witness said he was employed by Mr. Sheedy over three weeks before his death to watch the two men to whom he had referred; those were the two men to whom Sheedy referred to on the night of the assault; he was to watch them to keep them from sluggin Sheedy; he was afraid they would kill him.

"Did you watch them?"

"Yes, sir."

"Did they kill him?"

"I couldn't say whether they did or not."

"Do you swear that both of these men are not now in town?"

"I was told by George Bradeen that Williams had gone to Denver."

"Do you know where Williams was that night?"

"No, sir."

"Do you know where you told the coroner's jury he was?"

"I told where I had heard he was."

Mr. Hall pulled the testimony before the coroner, wherein the witness had testified that he could prove where Williams was that night, that he was at work for [Jetes?] and could prove it by four or five witnesses.

Witness got to Sheedy's right after they put him to bed; had no conversation with anybody but Mrs. Sheedy and Sheedy; didn't know whether she heard Sheedy's conversation with him or not.

"Did you nay before the coroner's jury, to whom Sheedy referred as the big man, '--didn't you reply, 'I don't know whether I do or not?"

Witness admitted that he had made that reply.

Witness denied that he was in the employ of the defense, that he had been promised any compensation or that he had done any work for them in hunting up testimony.

He said he did not know where Gleason was on the night of the assault. The witness denied that he had told Will Baird that he had informed Mrs. Sheedy that he believed she had done it.

"Did you ever make a statement in the police station soon after the assault that at one time while passing the Sheedy home you looked into the window and saw Walstrom sitting on Mrs. Sheedy's lap?"

"No, sire; I never saw Walstrom to know him."

"Did you ever go with Marshal Melick to make an arrest in connection with the assault?"

"We talked about making an arrest."

"Did you go with him to arrest one Neville?"

The defense objected and the court ruled it out. Mr. Hall contended that he thought the state ought to be permitted to show that, while claiming to believe that one man was guilty, witness was willing to assist in the arrest of another man.

"Mr. Carder are you prepared to make a charge against Gleason in connection with this murder?"

The question was ruled out, as Colonel Philpott thought he "didn't have to make any charge."

"Did you ever see Gleason around the Sheedy residence?"

"No, sir."

"You were watching him, were you not?"

"Yes, sir."

Witness said that he was laying off duty as a policeman at the time Sheedy employed him; said he would give him $50 for the month and find him something else to do. Went back to work in two weeks; changed beats every three days. Mrs. Sheedy could have heard Sheedy say it was the big man.

Know It Was a White Man.

Mrs. Anna Hoaman, a feminine witness who talked so that the audience could hear, knew John Sheedy by sight; was near when the shot was fired on the night of December 9; the man who fired the shot was about twenty feet inside the fence; she could see the man and was only about twenty feet from him when he raised up and ran away.

"He as not a very large man, about five feet six, I should think; he had a moustache, not a very heavy one, and he was a white man; Mr. Sheedy was in the yard, about half way from the gate to the house and Mrs. Sheedy was on the porch."

Witness' husband and a Mr. Caldwell, now in Chicago, were with her, and Mrs. Hood and daughter were with Mr. and Mrs. Sheedy. The witness explained that Mrs. Hood and daughter were just going east past her when the shot was fired; her husband stepped off the north side of the walk to let them pass; witness just stepped back and was just beside them when the shot was fired. The man ran back toward the lattice work; he fell just at the corner of the portch. Mr. Sheedy went upon the porch. Mrs. Sheedy was in the door. Couldn't tell the color of the man's mustache and couldn't say whether or not he had any beard. The flash showed between her and Mr. Sheedy's breast. The man had on an overcoat, but couldn't tell what kind of a coat it was. Didn't remember whether or not there was any moon that night. Couldn't tell whether he had on a cap or hat, the color of his clothing, the color of his hair or eyes or whether he was of light or dark complexion. Couldn't tell what kind of a dress or hat Mrs. Hood or Mrs. Sheedy had on or how Mr. Sheedy was dressed. She didn't see Mrs. Sheedy catch hold of her husband to keep him from chasing the man; would have seen it if she had done so. Sheedy went into the house ere he went back to look for the man. When the shot was fired she saw the man's face.

As Mr. Hoeman Saw It.

A. B. Hoeman, husband of the previous witness, said he also witnessed the shot fired on the 9th of December. He detailed the circumstances substantially as his wife had, and insisted that it was a white man. Witness said the man who fired the shot was a man about the size of Mr. McRaynolds; would probably weigh about 150 or 160 pounds; had a mustache; Mr. Caldwell, superintendent of the electric light business, was with witness and his wife; they were going home from his father's a few doors east of Sheedy's; lived on South Eleventh street over Gettier Bros.' market; the man jumped up, fired and ran; as he reached the porch he fell and rolled over; then was when he saw that it was a white man; couldn't have recognized that he was white at the time he fired, as the man had his back toward him.

Mr. Sheedy had just stepped inside the gate when the shot was fired; was positive when the shot was fired; was positive that he was not half way between the gate and the porch when the shot was fired; Mrs. Sheedy was about half way; was positive she was not on the porch. The man was a dark complected man, and had three or four day's growth of beard and a mustache. Had on a cap with a visor and a brown overcoat; couldn't tell the color of his pantaloons; didn't see the size of his boots and didn't know that he had any on; didn't know whether or not he had sworn before the coroner's jury that the beard on the man's face was "as black as any I ever see." Was sure that he did swear that it was a white man. Didn't know Harry Walstrom and never saw him.

Witness went into house after the shooting, but did not tell Sheedy that it was a white man he had seen.

"Was there a man pointed out to you as Frank Williams?" asked Colonel Philpott.

"There was a man described to me as Frank Williams."

"How did he compare with the men you saw that night?"

"From his size and looks he would have answered the same.

"Will you swear," asked Mr. Lambertson, "that the man you saw that night was Frank Williams?"

"I would not."

"It would resemble Bob McReynolds ore, wouldn't it?"

"I said it would resemble him a great deal."

She Had Seen Them Together.

Mrs. Viola Davis, a milliner at the northwest corner of Twelfth and O, knew Mrs. Sheedy got along only so far as Mr. Sheedy's treatment of his wife was concerned. She had seen them together very often and their deportment toward each other was always agreeable, and they always seemed to be enjoying themselves together. They were generally riding or walking when she was them, and she only judged of their relations from having seen them so much together; thought she remembered that Mrs. Sheedy generally had a pleasant smile on her face, but didn't know that she had ever seen them talking and laughing together; did see them talking together once in their buggy at Cushman park; wouldn't say that they were laughing. Never heard their conversation.

Believed Their Relations Amiable.

Mis Josie Dowden had known Mrs. Sheedy between four and five years; had met Mr. Sheedy; had often seen them riding and had been at the house; was in the habit of getting water there; judged that their conduct toward each other was the most agreeable; never saw an instance to the contrary. Had been at Mrs. Sheedy's house a number of times on business and a number of times dropped in when she had no business; Mr. Sheedy was there twice. Mrs. Sheedy had often told her things she didn't expect to have repeated, so that their relations were somewhat confidential.

A Glimpse at the Family Circle.

Mrs. Maggie Hurtz lived at 1219 P street in January, five doors east of the Sheedy residence; on that evening at 7 o'clock started out for a walk; passed the Sheedy residence with her husband and noticed that the house was very cheerful; saw Mr. Sheedy reading beside the piano and Mrs. Sheedy was between the two front windows, also reading; passed again in about half an hour and observed that the conditions were unchanged; Mr. and Mrs. Sheedy sat as before; the front window curtains were raised; went home and in five or ten minutes heard the shooting; that was between 7 and 8 o'clock.

The witness was not cross-examined.

Theodore Hurtz, husband of the last witness related substantially the same facts and escaped cross-examination.

Attorney Hurr on the Stand.

L. C. Burr was the first witness sworn. He related a conversation had with Hymen Goldwater about two months ago in the presence of John H. Hart, in which Goldwater had said that James Malone had offered him $200 if he would testify that he had sold this cane to Monday McFarland; he afterwards said they raised it to $300; a meeting was afterwards held at which Marshal Melick and Mayor Graham were present, and they raised the amount to $500; Goldwater wanted witness to bring suit against them for the amount. Witness said nothing had been said about the agreement having been made with Goldwater's boy; Goldwater said they had agreed to pay it to him, but had mentioned the boy at that time.

On cross-examination witness said that Goldwater was a foreigner of some kind and might make mistakes in expressing himself; witness remembered fairly well what was said and the impression it made on his mind; was quite certain that Goldwater said that they had promised him instead of the boy; didn't feel that Goldwater's talk to him was in the nature or a privileged talk to his attorney; wasn't sure that Goldwater said the word testify, but had said they had offered him that sum to tell how it was that the colored man bought that cane.

Carder Saw Malone In Court.

W. W. Carder was the next witness called. He said he had been on the police force for nearly two years; was about police headquarters on the night of the assault and saw the cane that was brought in.

"Look at that and see if you know what cane that is?" said Mr. Strode.

Witness said he recognized the cane brought in that night as one that had belonged to him at one time, but the top of the cane in [court?] did not look like the same that was upon it that night. The cane he had lost had tacks in it, just as did the one he held in his hand. While out one night signalling the officers by wrapping on telephone poles he had knocked the head off; had mended it with several kinds of tacks. Every officer in police court that night recognized the cane instantly. As soon as it was brought in witness had remarked:

"Where did you get my cane?"

He thought there was a brass tack in the head, which had since been removed.

None of the other witnesses had seen any brass tack, and Mr. Hall thought he had a ringer on the witness.
Did the brass tack in the head of the cane enable you to identify it when it was brought in that night, Mr. Carder?" inquired Mr. Hall.

The witness started to tell something else, but Mr. Hall peremptorily stopped him, with "Just answer my question, Mr. Carder."

"Well, I don't propose to do it."

The witness, who was pale from illness when he came in, grew paler and trembled with either rage or fear.

"Did you identify the cane that night by the brass tack? again inquired Mr. Hall.

"Answer the question, Mr. Carder," said the court.

"Your honor, I see two or three witness in the room. When others were testifying I was excluded from the court room, and wasn't allowed to hear them testify. I believe I was about the only witness who was thus excluded under the rule. All I want, your honor, is a fair shake, and I positively will not answer until those witnesses are removed," and he slammed his spectacle cane down upon the reporter's desk with emphasis.

Judge Field was noticed to be turning a little pale himself about this time.

"Mr. Carder, there is no use of talking. You will have to answer those questions, or---"

"Answer the question, Mr. Carder," came from Mr. Strode in low tones directed only to the hearing of the obdurate witness.

"Your honor," said Mr. Strode, "all he asks is that those witnesses be removed as a matter of fairness."

"The court will manage that and will see that no unfairness is permitted, Mr. Strode. Mr. Carder, I can assure you that you will be required to answer those questions, and if you decline it will be a painful duty to inflict punishment upon you. I will give you one more chance. Read the question to him Mr. Reporter."

"Did you identify the cane that night by means of a brass tack?"

There was an impressive pause ere "No, sir," came feebly from the trembling and reluctant lips of the witness, and there was a sigh of relief from all present.

The witness denied that he had ever told Deputy Sheriff Hoagland that he had first thought it was his cane, but that he had subsequently discovered that it was not.

The attorneys asked him if he had not told the same thing to others, whom they named, and he said he had not. He might have told them that he could not identify it positively as his cane.

Jailor Barnes Knew It by the Scallops.

William Barnes, city jailor, was the next witness called and he also said that he identified the cane in court as the one brought in that night from the Sheedy residence, and at that time identified it as Carder's cane. Identified it by the two scallops (dints) about five or six inches below the head; had had Carder's cane in his hand about a year and a half ago; if it hadn't had the scallops, from its general appearance would have thought it was Carder's cane; identified it by the scallops.

When shown the cane the witness was enabled to count four or five scallops at the point named and couldn't tell by which ones he identified it. There was no brass tack in the head when it was brought in that night.

What, Never? Hardly Ever.

Mr. Carder was recalled and asked whether or not he had ever had a conversation with C. E. Alexander, reporter for THE JOURNAL, in which he had said that the cane was not the one he had lost. He said he had not.

Mrs. Sheedy's Sobs Shook the Bed.

Miss Fannie Warner was acquainted with Mr. and Mrs. Sheedy; had been at their house and had seen them together at the house since her return from Buffalo; they seemed very attentive and friendly toward each other as far as she could discern; it was not different from their deportment before her trip to Buffalo. Witness was there Monday afternoon at 2:30 and Mrs. Sheedy was kneeling beside the bed beside her husband with her right arm under the pillow. She was saying, "John! John! Don't you know me, John?" She would now and then lay her head on the pillow and weep. Knew she was weeping because she shook the whole bed. Both Sheedy and his wife had taken dancing lessons of witness.

Wept at Mention of His Name.

Mrs. S. M. Melick was called to testify as to Mrs. Sheedy's deportment while the witness was at the Sheedy house. It was after Sheedy's death; saw Mrs. Sheedy; part of the time she was quiet and part of the time she was quiet and part of the time weeping bitterly; broke down and wept whenever her husband's name was mentioned.

Court adjourned at 11 a. m. after a conference between the attorneys and Judge Field, in which it was stated that the defense would probably complete its testimony during the afternoon. It then became evident that it was not the intention to put either of the defendants on the stand.

The Afternoon Session.

At the afternoon session Eugene H. Andrews was called; he said he was proprietor of Cushman park; knew Sheedy and his wife; saw them at the park frequently together last year; as far as he noticed, their deportment toward each other was very kindly; saw them there probably fifteen times; saw them there during the latter part of the season, at the soldier's reunion the 21th of September. Their general deportment was kindly and he never saw anything that indicated bad feelings; thought from Mrs. Sheedy's deportment she was a perfect lady.

Had heard conversations between them; had also seen her there with the ladies when Sheedy was not there; thought they were a devoted couple. At the soldiers' reunion he had said to Mrs. Sheedy, "We have missed you during the summer." Mr. Sheedy spoke to her and she turned her attention from the witness.

What Mr, Marshall Knew.

W. J. Marshall said he knew Mr. and Mrs. Sheedy; lived a block and a half from them; passed by the residence often and saw them there; also away from home; never saw anything that was not perfectly friendly. Had called at the house and heard them talk to each other in a friendly way. Had only heard from hearsay as to her caring for Sheedy when he was stabbed. Passed the residence several times a day and never saw Monday about there.

Cross-examined he said he was at the house once about a year ago and once about two years ago. Only knew from what he had seen; didn't know as he had ever seen a happier couple; didn't know whether or not he had ever seen an unhappier couple.

Carder's Conversations on the Case.

W. W. Carder was recalled and asked if he remembered having said to Officers Miller and Sipe that he had at first thought the cane was his, but that he was afterward satisfied that it was not. He said he had never stated since the night of the assault that he was satisfied it was not his cane.

Mrs. Sheedy's Physician on the Rack.

Dr. N. R. Hook was called. He said he had been practicing in Lincoln five years and Mrs. Sheedy had been a patient of his for several years; remembered thta she left the city last July for Buffalo.

"Did you advise her to go, doctor?" asked Mr. Strode.

"No, sir."

"State whether she did not object to going because she did not want to leave her husband."

Objection by the state sustained.

"State whether or not she did not go to Buffalo at the expressed wish of her husband."

Objection of the state sustained.

Saw her again January 16 and she seemed to be suffering severely with nervous depression; she said she didn't think she could live, she was so depressed. There were people in the front room that day. Didn't know of any other doctor treating her except at Buffalo; as far as he knew he was her medical advisor; was not called to treat her for any ailment in October or November.

The witness was not allowed to say whether he had treated her since her imprisonment.

Brother-in-Law Baker Didn't See Walstrom.

F. B. Baker of Western, Saline county, brother-in-law of the defendant, testified that he was at the Sheedy residence after Sheedy's death; went there Tuesday and staid until Friday; was there when young Oppenheim came; there were in the house at that time Dennis Sheedy, ar.. and two borthers, the wife of one of the latter, Mrs. Dean, young Dennis Sheedy and two or three others, with witness and his wife. Dr. Hook was called there that day. The Messrs. Sheedy and the young attorney sat down at the table to sign the power of attorney. Walstrom was not there at that time. Witness had never seen Walstrom at that time. Oppenheimer was there when witness left, and Oppenheimer had not seen Mrs. Sheedy when witness left; she was in the sitting room lying down, and had not come into the parlor. Thought the piano was closed. Was in the room with Oppenheimer about five minutes.

This was in rebuttal of Jacob Oppenheimer's testimony to the effect that when he took a power of attorney over there for the heirs to sign, he handed it to Mrs. Sheedy, who in turn submitted it to Walstrom with the remark, "It's all right, Harry."

Who Sent for Walstrom?

Mrs. Dean, a sister of defendant was at the Sheedy residence at Sheedy's death; Patrick and Michael Sheedy, brothers of deceased, went away on Friday after the funeral; Dennis sent for Walstrom on Saturday afternoon; didn't remember having seen Oppenheimer there; Mrs. Dennis Sheedy was there, but the other two brothers had gone home the day before; Mrs. Sheedy was sick in the sitting room on Friday and the doctor was there, so far as witness knew Walstrom was not at the house from the time of Sheedy's death until Saturday; was not there on Friday.

Mr. Dennis Sheedy asked Mrs. Sheedy to send for Walstrom Saturday afternoon; Mrs. Sheedy wrote a note to Walstrom and handed it to Dennis Sheedy, sr.; Dennis Sheedy, jr., went after Walstrom; he came; witness was not in the parlor when he came; nor was Mrs. Sheedy; young Dennis Sheedy introduced Walstrom to Dennis Sheedy, sr.; didn't know where young Dennis Sheedy had met Walstrom. Witness had met Walstrom at the Sheedy residence a couple of times; just knew him; Mrs. Sheedy and witness went into the parlor just before Walstrom left that day.

"Let me refresh your memory a little," remarked Mr. Hall. "Don't you remember that when Walstrom came Mrs. Sheedy introduced him to Dennis Sheedy and you got up and left the room when that interview began?"

"No, sir, not to my recollection."

But while she was answering in the negative Mrs. Sheedy was nodding an affirmative.

"Don't you know, Mrs. Dean, that Mrs. Sheedy insisted on [?] for Mr. Walstrom and that she wanted Dennis Sheedy to see him, and that he was a mere boy?"

"No, sir."

"And don't you know, Mrs. Dean, that when Walstrom came he said, 'Mr. Sheedy, I understand you want to see me,' and that Mr. Sheedy replied, 'You are mistaken; I have not sent for you and did not want to see you?' "

"No, sir."

"How much of that conversation did you hear wherein Mr. Sheedy asked Mrs. Sheedy to send for Walstrom."

Witness was not certain. She said she first met Walstrom late in October at the Sheedy home.

Goldwater vs. Burr.

Hymen Goldwater was recalled at the instance of the defense and questioned by Colonel Philpott as follows:

"Did you not tell Mr. L. C. Burr at his office about two months since that you fixed the head of that cane yourself and that you had told your boy to swear that he had fixed it?"

"No, sir."

"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 it 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 difference. I am entitled to my money just the same?"

"It is a great lie. I was there only but vonce at all," roared Mr. Goldwater, rising from his seat with an air of indignant consternation.

The witness was excused amid a great roar of mirth on the part of the audience.

Burr vs. Goldwater.

Mr. Burr was then recalled and testified that Goldwater had been to his office twice on that day and had said in substance what he had above denied.

Col. Philpott's Endorsement Commended.

Mr. Philpott then said that the defense desired to use a cane which had been taken from Monday's shop after his arrest and had been had in court several times by the state, but it was not present. Judge Field said that they should have asked for it when it was there. The discussion developed the fact that Officer Malone had taken it home.

"If you wish the can you can subpoena Malone and have him bring the cane," suggested Mr. Lambertson.

"I told you you would want Malone ere you got through," said Hall.

"O, yes; you would like to have us make Malone our witness, so that you could cross-examine him. You want us to give Malone our endorsement," said Philpott.

"No, we don't," retorted Lambertson. "your endorsement would damn anything."

This was the cane which Monday was alleged to have secured after the killing to take the place of the fatal weapon, and had taken off the head so that it would resemble the lost staff.

Philpott vs. Malone.

Colonel Philpott then took the stand in behalf of the defense and again proceeded to answer his own questions, as follows:

"What is your name?"

"J. E. Philpott."

"Are you acquainted with James Malone?"

"Yes, sir."

There was a roar of mirthful derision and the court said that judging from the character of evidence being introduced, the end of the case was drawing near. He hoped that the attorneys would pursue their work to a finish in a serious vein.

Philpott then related how he had met Malone in the corridor of the jail and how the latter had told him that Monday was in a desperate condition and likely to suicide before morning.

Mr. Melick was recalled and testified that Dennis Sheedy and Mrs. Sheedy had jointly offered $1,000 reward; before Mrs. Sheedy's arrest; that Dennis Sheedy had subsequently withdrawn it and had made a private offer to witness of $1,000 reward after her arrest; witness had told Malone of it some time afterwards and had told him he should have half of it if successful. Every one of these facts was vigorously opposed by the state, but the court allowed them to go in.

Strode vs. Malone.

Mr. Strode then took the stand, was sworn and testified to having had a conversation with Malone at the police station on the Sunday evening of the confession of Monday McFarland, in which the officer said that they had put Monday into the sweatbox and scared the confession out of him.

Medical Authorities Go In.

The defense introduced a large number of medical authorities bearing on the conditions found in the brain, including Colonel Philpott's now celebrated "arbor vitae, the tree of life," and the similarity of symptoms of compression and morphine poisoning.

A [?] a transcript of proceedings in the preliminary hearing, showing that Walstrom was released.

Colonel Stepney's Forehast for Cause.

Officer Malone came in at this point with the cane for which Colonel Philpott had asked, having gone home after it. It was the one Monday had carried after the assault.

P. J. Stepney was called and said he was a cousin of Monday McFarland. The cane was shown him and he said he thought he had had that cane along last summer; McFarland had complained of having the rheumatism and had got the cane of witness about last September.

The defense offered the cane in evidence and the state objected, as it was immaterial, there being no claim that it was the cane Monday McFarland had on the night of the assault or that it had any special relation to the commission of the crime.

Upon cross-examination Stepney said he had picked the cane up "somewhere's down about the house," his sister's house, sometime last spring, and used it last summer. Didn't know who it belonged to or where it came from; gave it to Monday right after the state fair one evening. Hadn't seen the cane before since the assault; didn't know where this cane was purchased or who purchased it. Thought it was the same cane. Also had another cane at his shop; didn't tell Malone that that one was McFarland's; a boy named Hilderbrand left it there after witness gave his own cane to Monday. Witness said he was a cripple and had to carry a cane.

The state undertook to ask him if the overcoat he was then wearing was not the coat Monday had worn on the night of the assault, but the question was not permitted. It was the same, however.

Dennis Sheedy Put Up for It.

Coroner Holyoke was called and said that he conducted the Sheedy inquest; had a portion of the cheek bone taken from John Sheedy's head at that time. It was the bone that was partially broken loose from the skull. He said it required considerable force to remove it at the postmortem. It was offered in evidence.

He was exmained as to the autopsy and knew the heart was enlarged; couldn't say that it was fatty degeneration, as he had not examined it with a microscope and fatty degeneration could not be detected accurately with the naked eye.

He told in detail of having taken the stomach to Professor Vaughn for analysis, and after a contest between the arrayed forces of attorneys the witness was permitted to state that Dennis Sheedy had told him to go ahead and have the examination made and that he would contribute to the extent of $200 himself and the county commissioners had agreed to pay $50. John Fitzgerald had paid witness his expenses for taking the stomach to Chicago upon an order from Mr. Hall.

This closed the testimony for the defense and at 4:50 came the impressive announcement from Mr. Strode:

"The defense rests."

Bradeen Was With Gleason.

George W. Bradeen was called in rebuttal by the state; was slightly acquainted with John Sheedy; knew William Gleason; was in the club rooms over 124 North Tenth street on the night of the Sheedy assault; William Gleason was in the rooms over the Ivy Leaf, from a little before 7 o'clock until nearly 9 o'clock that night; saw Ab Carder there that evening; Gleason and witness were there at the time and had some conversation with Carder; a man came up and told of the assault on Sheedy; just as Gleason went out.

Cross-examined, the witness said that there was gambling going on in that room. He declined to answer the question as to who was running the room, on the ground that it would criminate himself. He denied that any ill feeling existed between himself and Sheedy at that time; there had been, but it had been settled.

"Did you not go past Gus Sanders' saloon about 3 o'clock in the morning after the assault?"

"I believe I did."

"What did you see going on there?'

"I don't remember that I saw anything/"

"Didn't you see Gus Sanders and other parties in his private office looking over some papers?"

The state's objection was sustained.

Witness said he did not go to the Sheedy residence that night of the assault and had certainly not told W. W. Carder that he did go there because he had some interest in the event. Neither had he ever told W. W. Carder that Ab. Carder's former testimony was about correct.

Charles E. Alexander testified that he was police reporter on THE STATE JOURNAL and knew W. W. Carder for two years; had had a conversation with W. W. Carder during the week following the Sheedy murder in which Mr. Carder had told him that the cane found at Sheedy's place was not his lost cane.

Mr. Strode endeavored to show that the witness had been governed in his reports of the preliminary hearings by the dictation of certain gamblers, but signally failed in the absurd endeavor.

Hoagland Talked With Carder.

Henry V. Hoagland was called and said that W. W. Carder told him at the Capital hotel on the Sunday night following the assault, in the presence of J. D. Wright, that the cane found at the Sheedy residence was not his cane; that it was thought at first it was, but that it wasn't. Witness had joked Carder about being the man who struck Sheedy, as the cane had been identified as his. Carder said it was a mistake.

Fullington Was With Gleason.

Anson Fullington was called and corroborated the testimony of Bradeen. He said Gleason was in the room over the Ivy Leaf on the night of the assault; Gleason came there from 6 to 6:30 and left at nearly 9 o'clock. Remembered that it was that night because it had been claimed that the gamblers did it, and Ab Carder had come in and told of the assault on Sheedy; Ab Carder had talked to Gleason; couldn't remember who came in first that night, Gleason or Bradeen; Gleason went out first. Didn't remember how Ab Carder was dressed. Witness was sure that Frank Williams was in that room that night; didn't remember when he came or when he left; didn't remember that there was any playing there that night.

Fred Miller Remembered Something.

Fred A. Miller, day sergeant of police, testified that he had a conversation with W. W. Carder in which the latter stated that he had at first thought that the cane was his, but that he couldn't identify it as the one he had lost.

The defense endeavored to show by Mr. Miller that he, himself, had identified the cane, but were not permitted to do so.

An Authority on Moonshine.

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 spite of the objections of the defense that it had not been identified as a standard scientific authority.

No More Testimony to Go In.

The progress of the Sheedy case was remarkably dilatory during the half day session devoted to rebuttal Saturday owing to the absense of witnesses expected by the state, and the officers of the court received several broadsides of criticism from Judge Field and the attorneys for not having the witness in readiness when called.

There was the inevitable crowd of spectators in attendance, eager to hear the last bits of conflicting testimony sifted to a definite conclusion. The accused, with their attendants and attorneys, were on hand promptly at the hour for opening. An air of exhaustion was perceptible on every hand. The three weeks of mental strain had left its traces upon the features of all whose connection with the case has kept them in line with its progress, and it was apparent that all were ambly qualified to profit from a day of rest.

Mrs. Sheedy, during the greater part of the long forenoon sat with her eyes closed, as if sleeping, while her sisters, Mrs. Morgan and Mrs. Dean, were quietly enjoying the mental relief that comes borne upon a tide of tears. Those three devoted sisters appear to have suffered much more poignantly from the events of the past three weeks than has the defendant who enjoys their tender, anxious sympathy, if one may accurately measure human anguish by outward appearances. Their deportment has undeniably operated very much to the advantage of the defense in this case.

Monday McFarland did not appear so utterly forsaken Saturday as during the former days of the trial. It is true that some of his colored friends and relatives have been near him in court every day ever since the taking of testimony began, but yesterday he sat in a semi-circle of ten colored ladies. Among them all the most tastefully and expensively attired was his wife, an intelligent looking colored woman of apparently about twenty-five years of age. She had brought with her their baby, and the child nestled down into its father's arms and maintained a mystified quietude throughout the forenoon. Once the swartly prisoner was noticed bending over in tears, Monday and his coterie of friends sat nearer the jury than did Mrs. Sheedy, and the incident of the child's presence in court did not fail to make its impression upon everyone.

The chief testimony offered Saturday was certainly of a very important and interesting nature. Both shides had some ready, but only the defense was allowed to bring out any new facts. The testimony of Mrs. Skinner to the effect that she saw Monday McFarland pass through the alley just after both of the assaults at the Sheedy place, was not permitted to go before the jury.

Upon the opening of court Mr. Strode asked the court for leave to introduce some testimony of which he had just learned, and desired to call D. G. Courtnay. Mr. Hall for the state protested somewhat against permitting the introduction of such evidence so long after the defense had rested its case, but the court concluded to permit it.

An Anonymous Threatening Letter.

Mr. D. G. Courtnay was called and said that John Sheedy was in his office two or three or four days before the last assault and gave him a letter he had received, indicating that he was to be assaulted and killed; witness gave it back to Sheedy; had looked through Sheedy's papers after his death, but had been unable to find it; Patrick and Michael Sheedy had then taken some of the clothing away. There was no name signed to the letter and it was in a disguised handwriting. Mr. Sheedy had said at the time that he had shown it to Mrs. Sheedy. The substance of the letter was that unless Sheedy let up on his opposition to other gamblers and stopped trying to run the town, it would be only a question of time until he was killed.

"Mr. Courtnay, when did you tell Mr. Strode about that letter?" asked Mr. Hall.

"Yesterday. I had told Mr. Biggerstaff of it the evening before and had also spoken to Judge Weir."

"Is it not a fact, Mr. Courtnay, that that letter was signed, 'a friend to your wife?' "

"It is not."

"Did he ever show you any similar letter or letters signed in that way?"

"No, sir."

The witness explained that the letter was postmarked at Lincoln, was not dated and was written in what appeared to be a man's disguised hand.

The defense also endeavored to call out the substance of some letters Mrs. Sheedy had written her husband while she was in Buffalo, and how they came to be destroyed. He stated that Dennis Sheedy had read them in the presence of the witness and had cried like a child. He was not permitted to tell of the contents or tone of those letters, although the defense persistently endeavored to draw out some intimation of the terms in which they were couched, from which it was easily inferred that they were ideal love letters.

Saw no Two Men Running.

Officer Kinney was the first witness called in rebuttal by the state and said that he was with Officer Otto at the Burr block corner, Twelfth and O, when the shooting occurred; saw no men running south on Twelfth; immediately ran north on Twelfth street about forty feet past the alley; met Henry Krause there; turned around and ran around into the alley. Saw no one running south at any time. Saw no two boys standing on the south side of O street; they might have been there. The patrol wagon did not go to the Sheedy residence after the assault. Witness ran clear through the alley; thought Officer Adams did also.

Topping was Sober, but Saw no Men.

D. C. Topping, a blacksmith, was down by the opera house when the first shot was fired, and went north a little ways; went as far as the curbing opposite of Sheedy's house.

"Did you see two men running south from the Sheedy house just after the shooting?"

"No, sir."

"Do you think you were so situated as to have seen them if they had been so running?"

"I guess so. I was sober."

"Well, would you have seen them if anyone had run south on Twelfth street?"

"Yes, sir."

"And you saw no one?"

"No, sir."

The witness was subjected to the usual rigid cross-examination, which developed that the witness stood still at the opera house corner until all the shots had been fired, then ran north; saw a number of people around the Sheedy residence and others going, but saw no one whom he knew. Didn't stay to learn the details of the trouble; only heard that some one had been struck. Had first told of having been there after he had heard what two witnesses had testified to yesterday about two men running south.

Otto at the Alley.

Officer Otto also testified that he was standing at the Burr block corner when the shooting began and started north at once. Did not see any man or men running south on Twelfth street. Ran past the alley until Krause came running out on the west side of the house and said Sheedy was shot; witness ran back to the alley, ran up it a short distance and came back to Twelfth street. Did not go east of the gate leading from the Sheedy premises into the alley. Didn't think the patrol wagon was there that night; Bob Malone was driver of the wagon at that time; didn't know how Bob got to the house. Believed that the police record didn't show, that the wagon went out that night.

Couldn't Tell What She Knew.

Mrs. Margaret Skinner lived at O street in rear rooms looking out upon the alley some distance east of the back end of the Sheedy premises; on the evening of the assault upon Sheedy she heard the shooting and ran to the window, raised it and looked out.

At this point the defense objected to the introduction of this testimony in rebuttal, as it was testimony which should have been offered in chief.

Mr. Hall said he was in doubt himself as to just whether or not the evidence of this witness could be deemed strictly rebuttal, but it was testimony which should certainly be admitted. The defense endeavored to create an impression in the minds of the jury that two men were seen running south on Twelfth street and that they were probably the men who had assaulted John Sheedy. He thought it proper for the state to show in rebuttal that this witness had seen this defendant (referring to Monday), charged with that assault, pass eastward through that alley, followed by two policemen.

It is claimed that Mrs. Skinner also saw Monday pass through the alley on the night of the first assault.

Mr. Stearns objected strenuously not only to the introduction of such testimony, but to the utterance of any such statement before the jury. He said that this had been the course of counsel for the state all through the trial, to endeavor in an underhanded way to prejudice the jury by statements not permissible in evidence.

"I don't suppose the jury will accept as evidence any such statement," remarked Mr. Hall.

Mr. Woodward asked the court to instruct the jury that it should attach no weight to the statement of Mr. F. M. Hall, counsel for the state.

"The jurors will not consider as evidence or of any weigt the statement of the attorney--or of any attorney, as far as that is concerned, unless under oath."

A record of the court's admonition was made, and Judge Field having declared the evidence not admissible, the witness was excused.

The Results of So Much Secrecy.

Counsel for the state very much regret that this witness was not discovered prior to the beginning of the trial. One of the requirements of the law is that the names of all the witnesses for the prosecution must be endorsed upon the back of the information before the beginning of the trial. This is a measure designed for the

10 WEEKLY NEBRASKA STATE JOURNAL FRIDAY MAY 29 1891

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church, and then up M street to Thirteenth and north to O, where he was when the first shot was fired.

It Was a Happy Family.

Miss Carrie Hatch resided at the northeast corner of Eleventh and E; was quite familiar with Mr. and Mrs. Sheedy and visited there quite often during the past nine years; was there about four weeks after Mrs. Sheedy returned from Buffalo; was there a short time before he died; her opinion was that they thought a great deal of each other; they always spoke of each other in the kindliest tones; was there Monday afternoon and Mrs. Sheedy was kneeling by the head of the bed, with her right arm under the pillow, while with the the other she caressed her husband's hand, which lay outside of the covers; she was calling to him, "John! John, dear! Don't you know me?" Then she laid her hand upon thte pillow beside his and there were tears in her eyes. Always noticed the kindest relations between them; didn't remember how she was in the habit of greeting him when he came home. Was in the house Monday afternoon about an hour and a short time in the evening. No one was giving attention to Sheedy but Mrs. Sheedy and she appeared to feel dreadful.

Cross-examined, witness said she was the wife of Dory Hatch, but didn't know that he had received any assistance from the defense; first knew Mrs. Sheedy after she was married. Witness' husband sent a not for her to come down, as he wanted her to go and call on Mrs. Sheedy; that was about nine years ago. Witness called on Mrs. Sheedy about four weeks after her return from Buffalo; Mrs. Sheedy had said she was very much better. Didn't think Mrs. Sheedy ever made a condident of witness and never called at witness' home after her return from Buffalo. Witness had made the remark that she supposed Mr. Sheedy was glad that she had come home. Mrs. Sheedy had remarked that he had a queer way of showing it, as he didn't meet her at the train. She said that every time she went away she had to get acquainted with him over again. She had evidently felt hurt, but said that it was all right again, as he had become natural again. Didn't make any complaints that he was jealous or penurious and didn't say that if she had known he would not have been more pleased to see her she wouldn't have come back.

Mrs. Sheedy Seemed to Be Weeping.

Charles C. Carpenter was called for the defense and examined as to the deportment of Mrs. Sheedy on the night of the assault; she seemed to be waiting on the doctors; was back there about 4 o'clock in the morning, she was sitting on the bed and seemed to be feeling very bad; she had her handkerchief up to her face and appeared to be weeping; saw her several times during the day and she appeared to be feeling very badly; also after Sheedy's death; she didn't seem to be doing anything in particular either time; had no conversation with her after her husband's death; was at the funeral; saw her when she came out and got into the carriage; she was dressed in mourning; didn't see her making any demonstration of feeling; saw her after the funeral and she appeared to be down-hearted, as a woman would under the circumstances.

Cross-examined: When he went over at 4 a. m. on the morning after the assault Dr. Hart sent for him; was on neighborly relations with the Sheedy family.

"Mr. Carpenter," asked Mr. Hall, "did you ever do any errands for Mrs. Sheedy?"

Objection of the defense sustained.

"Did you ever purchase any drafts for Mrs. Sheedy?"

"No, sir."

"Did you ever make a remark in you saloon soon after the assault that you suspicioned that such a thing was likely to occur?"

"No, sir."

"Did you ever see anything occurring around the Sheedy residence that would lead you to suspect such a thing?"

"No, sir."

Sheedy Said It Was "The Big Man."

Ab Carder of Fourteenth and O streets had known John Sheedy for sixteen years and prior to his death had been employed by him to watch a couple of men.

Witness said he asked Sheedy who hit him and he said it was "the big man of the two." Sheedy asked witness not to go to be that night.

"Did you know who the big man was that he meant?"

"Yes, sir."

"Who was it?"

"Gleason."

"Do you know who the little man was?"

"Yes, sir."

"Who was it?"

"Williams."

"Are they white or colored?"

"They are white."

"What is their business?"

"Gamblers?"

"Where do they live?"

"One of them is still here. The other one went to Denver since the new mayor came in."

Witness said that Mrs. Sheedy seemed to be worried that night and said he would be well paid if he found out who did it. Was there next day a little after 7 a. m. and saw Mrs. Sheedy; Sheedy was unconscious; she was down beside the bed and asking him to speak to her again and trying to arouse him. Was there again at 11:30 a. m. on Monday; Mrs. Sheedy was there; they were having prayers; she was near the foot of the bed praying and crying.

Witness said he was employed by Mr. Sheedy over three weeks before his death to watch the two men to whom he had referred; those were the two men to whom Sheedy referred to on the night of the assault; he was to watch them to keep them from sluggin Sheedy; he was afraid they would kill him.

"Did you watch them?"

"Yes, sir."

"Did they kill him?"

"I couldn't say whether they did or not."

"Do you swear that both of these men are not now in town?"

"I was told by George Bradeen that Williams had gone to Denver."

"Do you know where Williams was that night?"

"No, sir."

"Do you know where you told the coroner's jury he was?"

"I told where I had heard he was."

Mr. Hall pulled the testimony before the coroner, wherein the witness had testified that he could prove where Williams was that night, that he was at work for [Jetes?] and could prove it by four or five witnesses.

Witness got to Sheedy's right after they put him to bed; had no conversation with anybody but Mrs. Sheedy and Sheedy; didn't know whether she heard Sheedy's conversation with him or not.

"Did you nay before the coroner's jury, to whom Sheedy referred as the big man, '--didn't you reply, 'I don't know whether I do or not?"

Witness admitted that he had made that reply.

Witness denied that he was in the employ of the defense, that he had been promised any compensation or that he had done any work for them in hunting up testimony.

He said he did not know where Gleason was on the night of the assault. The witness denied that he had told Will Baird that he had informed Mrs. Sheedy that he believed she had done it.

"Did you ever make a statement in the police station soon after the assault that at one time while passing the Sheedy home you looked into the window and saw Walstrom sitting on Mrs. Sheedy's lap?"

"No, sire; I never saw Walstrom to know him."

"Did you ever go with Marshal Melick to make an arrest in connection with the assault?"

"We talked about making an arrest."

"Did you go with him to arrest one Neville?"

The defense objected and the court ruled it out. Mr. Hall contended that he thought the state ought to be permitted to show that, while claiming to believe that one man was guilty, witness was willing to assist in the arrest of another man.

"Mr. Carder are you prepared to make a charge against Gleason in connection with this murder?"

The question was ruled out, as Colonel Philpott thought he "didn't have to make any charge."

"Did you ever see Gleason around the Sheedy residence?"

"No, sir."

"You were watching him, were you not?"

"Yes, sir."

Witness said that he was laying off duty as a policeman at the time Sheedy employed him; said he would give him $50 for the month and find him something else to do. Went back to work in two weeks; changed beats every three days. Mrs. Sheedy could have heard Sheedy say it was the big man.

Know It Was a White Man.

Mrs. Anna Hoaman, a feminine witness who talked so that the audience could hear, knew John Sheedy by sight; was near when the shot was fired on the night of December 9; the man who fired the shot was about twenty feet inside the fence; she could see the man and was only about twenty feet from him when he raised up and ran away.

"He as not a very large man, about five feet six, I should think; he had a moustache, not a very heavy one, and he was a white man; Mr. Sheedy was in the yard, about half way from the gate to the house and Mrs. Sheedy was on the porch."

Witness' husband and a Mr. Caldwell, now in Chicago, were with her, and Mrs. Hood and daughter were with Mr. and Mrs. Sheedy. The witness explained that Mrs. Hood and daughter were just going east past her when the shot was fired; her husband stepped off the north side of the walk to let them pass; witness just stepped back and was just beside them when the shot was fired. The man ran back toward the lattice work; he fell just at the corner of the portch. Mr. Sheedy went upon the porch. Mrs. Sheedy was in the door. Couldn't tell the color of the man's mustache and couldn't say whether or not he had any beard. The flash showed between her and Mr. Sheedy's breast. The man had on an overcoat, but couldn't tell what kind of a coat it was. Didn't remember whether or not there was any moon that night. Couldn't tell whether he had on a cap or hat, the color of his clothing, the color of his hair or eyes or whether he was of light or dark complexion. Couldn't tell what kind of a dress or hat Mrs. Hood or Mrs. Sheedy had on or how Mr. Sheedy was dressed. She didn't see Mrs. Sheedy catch hold of her husband to keep him from chasing the man; would have seen it if she had done so. Sheedy went into the house ere he went back to look for the man. When the shot was fired she saw the man's face.

As Mr. Hoeman Saw It.

A. B. Hoeman, husband of the previous witness, said he also witnessed the shot fired on the 9th of December. He detailed the circumstances substantially as his wife had, and insisted that it was a white man. Witness said the man who fired the shot was a man about the size of Mr. McRaynolds; would probably weigh about 150 or 160 pounds; had a mustache; Mr. Caldwell, superintendent of the electric light business, was with witness and his wife; they were going home from his father's a few doors east of Sheedy's; lived on South Eleventh street over Gettier Bros.' market; the man jumped up, fired and ran; as he reached the porch he fell and rolled over; then was when he saw that it was a white man; couldn't have recognized that he was white at the time he fired, as the man had his back toward him.

Mr. Sheedy had just stepped inside the gate when the shot was fired; was positive when the shot was fired; was positive that he was not half way between the gate and the porch when the shot was fired; Mrs. Sheedy was about half way; was positive she was not on the porch. The man was a dark complected man, and had three or four day's growth of beard and a mustache. Had on a cap with a visor and a brown overcoat; couldn't tell the color of his pantaloons; didn't see the size of his boots and didn't know that he had any on; didn't know whether or not he had sworn before the coroner's jury that the beard on the man's face was "as black as any I ever see." Was sure that he did swear that it was a white man. Didn't know Harry Walstrom and never saw him.

Witness went into house after the shooting, but did not tell Sheedy that it was a white man he had seen.

"Was there a man pointed out to you as Frank Williams?" asked Colonel Philpott.

"There was a man described to me as Frank Williams."

"How did he compare with the men you saw that night?"

"From his size and looks he would have answered the same.

"Will you swear," asked Mr. Lambertson, "that the man you saw that night was Frank Williams?"

"I would not."

"It would resemble Bob McReynolds ore, wouldn't it?"

"I said it would resemble him a great deal."

She Had Seen Them Together.

Mrs. Viola Davis, a milliner at the northwest corner of Twelfth and O, knew Mrs. Sheedy got along only so far as Mr. Sheedy's treatment of his wife was concerned. She had seen them together very often and their deportment toward each other was always agreeable, and they always seemed to be enjoying themselves together. They were generally riding or walking when she was them, and she only judged of their relations from having seen them so much together; thought she remembered that Mrs. Sheedy generally had a pleasant smile on her face, but didn't know that she had ever seen them talking and laughing together; did see them talking together once in their buggy at Cushman park; wouldn't say that they were laughing. Never heard their conversation.

Believed Their Relations Amiable.

Mis Josie Dowden had known Mrs. Sheedy between four and five years; had met Mr. Sheedy; had often seen them riding and had been at the house; was in the habit of getting water there; judged that their conduct toward each other was the most agreeable; never saw an instance to the contrary. Had been at Mrs. Sheedy's house a number of times on business and a number of times dropped in when she had no business; Mr. Sheedy was there twice. Mrs. Sheedy had often told her things she didn't expect to have repeated, so that their relations were somewhat confidential.

A Glimpse at the Family Circle.

Mrs. Maggie Hurtz lived at 1219 P street in January, five doors east of the Sheedy residence; on that evening at 7 o'clock started out for a walk; passed the Sheedy residence with her husband and noticed that the house was very cheerful; saw Mr. Sheedy reading beside the piano and Mrs. Sheedy was between the two front windows, also reading; passed again in about half an hour and observed that the conditions were unchanged; Mr. and Mrs. Sheedy sat as before; the front window curtains were raised; went home and in five or ten minutes heard the shooting; that was between 7 and 8 o'clock.

The witness was not cross-examined.

Theodore Hurtz, husband of the last witness related substantially the same facts and escaped cross-examination.

Attorney Hurr on the Stand.

L. C. Burr was the first witness sworn. He related a conversation had with Hymen Goldwater about two months ago in the presence of John H. Hart, in which Goldwater had said that James Malone had offered him $200 if he would testify that he had sold this cane to Monday McFarland; he afterwards said they raised it to $300; a meeting was afterwards held at which Marshal Melick and Mayor Graham were present, and they raised the amount to $500; Goldwater wanted witness to bring suit against them for the amount. Witness said nothing had been said about the agreement having been made with Goldwater's boy; Goldwater said they had agreed to pay it to him, but had mentioned the boy at that time.

On cross-examination witness said that Goldwater was a foreigner of some kind and might make mistakes in expressing himself; witness remembered fairly well what was said and the impression it made on his mind; was quite certain that Goldwater said that they had promised him instead of the boy; didn't feel that Goldwater's talk to him was in the nature or a privileged talk to his attorney; wasn't sure that Goldwater said the word testify, but had said they had offered him that sum to tell how it was that the colored man bought that cane.

Carder Saw Malone In Court.

W. W. Carder was the next witness called. He said he had been on the police force for nearly two years; was about police headquarters on the night of the assault and saw the cane that was brought in.

"Look at that and see if you know what cane that is?" said Mr. Strode.

Witness said he recognized the cane brought in that night as one that had belonged to him at one time, but the top of the cane in [court?] did not look like the same that was upon it that night. The cane he had lost had tacks in it, just as did the one he held in his hand. While out one night signalling the officers by wrapping on telephone poles he had knocked the head off; had mended it with several kinds of tacks. Every officer in police court that night recognized the cane instantly. As soon as it was brought in witness had remarked:

"Where did you get my cane?"

He thought there was a brass tack in the head, which had since been removed.

None of the other witnesses had seen any brass tack, and Mr. Hall thought he had a ringer on the witness.
Did the brass tack in the head of the cane enable you to identify it when it was brought in that night, Mr. Carder?" inquired Mr. Hall.

The witness started to tell something else, but Mr. Hall peremptorily stopped him, with "Just answer my question, Mr. Carder."

"Well, I don't propose to do it."

The witness, who was pale from illness when he came in, grew paler and trembled with either rage or fear.

"Did you identify the cane that night by the brass tack? again inquired Mr. Hall.

"Answer the question, Mr. Carder," said the court.

"Your honor, I see two or three witness in the room. When others were testifying I was excluded from the court room, and wasn't allowed to hear them testify. I believe I was about the only witness who was thus excluded under the rule. All I want, your honor, is a fair shake, and I positively will not answer until those witnesses are removed," and he slammed his spectacle cane down upon the reporter's desk with emphasis.

Judge Field was noticed to be turning a little pale himself about this time.

"Mr. Carder, there is no use of talking. You will have to answer those questions, or---"

"Answer the question, Mr. Carder," came from Mr. Strode in low tones directed only to the hearing of the obdurate witness.

"Your honor," said Mr. Strode, "all he asks is that those witnesses be removed as a matter of fairness."

"The court will manage that and will see that no unfairness is permitted, Mr. Strode. Mr. Carder, I can assure you that you will be required to answer those questions, and if you decline it will be a painful duty to inflict punishment upon you. I will give you one more chance. Read the question to him Mr. Reporter."

"Did you identify the cane that night by means of a brass tack?"

There was an impressive pause ere "No, sir," came feebly from the trembling and reluctant lips of the witness, and there was a sigh of relief from all present.

The witness denied that he had ever told Deputy Sheriff Hoagland that he had first thought it was his cane, but that he had subsequently discovered that it was not.

The attorneys asked him if he had not told the same thing to others, whom they named, and he said he had not. He might have told them that he could not identify it positively as his cane.

Jailor Barnes Knew It by the Scallops.

William Barnes, city jailor, was the next witness called and he also said that he identified the cane in court as the one brought in that night from the Sheedy residence, and at that time identified it as Carder's cane. Identified it by the two scallops (dints) about five or six inches below the head; had had Carder's cane in his hand about a year and a half ago; if it hadn't had the scallops, from its general appearance would have thought it was Carder's cane; identified it by the scallops.

When shown the cane the witness was enabled to count four or five scallops at the point named and couldn't tell by which ones he identified it. There was no brass tack in the head when it was brought in that night.

What, Never? Hardly Ever.

Mr. Carder was recalled and asked whether or not he had ever had a conversation with C. E. Alexander, reporter for THE JOURNAL, in which he had said that the cane was not the one he had lost. He said he had not.

Mrs. Sheedy's Sobs Shook the Bed.

Miss Fannie Warner was acquainted with Mr. and Mrs. Sheedy; had been at their house and had seen them together at the house since her return from Buffalo; they seemed very attentive and friendly toward each other as far as she could discern; it was not different from their deportment before her trip to Buffalo. Witness was there Monday afternoon at 2:30 and Mrs. Sheedy was kneeling beside the bed beside her husband with her right arm under the pillow. She was saying, "John! John! Don't you know me, John?" She would now and then lay her head on the pillow and weep. Knew she was weeping because she shook the whole bed. Both Sheedy and his wife had taken dancing lessons of witness.

Wept at Mention of His Name.

Mrs. S. M. Melick was called to testify as to Mrs. Sheedy's deportment while the witness was at the Sheedy house. It was after Sheedy's death; saw Mrs. Sheedy; part of the time she was quiet and part of the time she was quiet and part of the time weeping bitterly; broke down and wept whenever her husband's name was mentioned.

Court adjourned at 11 a. m. after a conference between the attorneys and Judge Field, in which it was stated that the defense would probably complete its testimony during the afternoon. It then became evident that it was not the intention to put either of the defendants on the stand.

The Afternoon Session.

At the afternoon session Eugene H. Andrews was called; he said he was proprietor of Cushman park; knew Sheedy and his wife; saw them at the park frequently together last year; as far as he noticed, their deportment toward each other was very kindly; saw them there probably fifteen times; saw them there during the latter part of the season, at the soldier's reunion the 21th of September. Their general deportment was kindly and he never saw anything that indicated bad feelings; thought from Mrs. Sheedy's deportment she was a perfect lady.

Had heard conversations between them; had also seen her there with the ladies when Sheedy was not there; thought they were a devoted couple. At the soldiers' reunion he had said to Mrs. Sheedy, "We have missed you during the summer." Mr. Sheedy spoke to her and she turned her attention from the witness.

What Mr, Marshall Knew.

W. J. Marshall said he knew Mr. and Mrs. Sheedy; lived a block and a half from them; passed by the residence often and saw them there; also away from home; never saw anything that was not perfectly friendly. Had called at the house and heard them talk to each other in a friendly way. Had only heard from hearsay as to her caring for Sheedy when he was stabbed. Passed the residence several times a day and never saw Monday about there.

Cross-examined he said he was at the house once about a year ago and once about two years ago. Only knew from what he had seen; didn't know as he had ever seen a happier couple; didn't know whether or not he had ever seen an unhappier couple.

Carder's Conversations on the Case.

W. W. Carder was recalled and asked if he remembered having said to Officers Miller and Sipe that he had at first thought the cane was his, but that he was afterward satisfied that it was not. He said he had never stated since the night of the assault that he was satisfied it was not his cane.

Mrs. Sheedy's Physician on the Rack.

Dr. N. R. Hook was called. He said he had been practicing in Lincoln five years and Mrs. Sheedy had been a patient of his for several years; remembered thta she left the city last July for Buffalo.

"Did you advise her to go, doctor?" asked Mr. Strode.

"No, sir."

"State whether she did not object to going because she did not want to leave her husband."

Objection by the state sustained.

"State whether or not she did not go to Buffalo at the expressed wish of her husband."

Objection of the state sustained.

Saw her again January 16 and she seemed to be suffering severely with nervous depression; she said she didn't think she could live, she was so depressed. There were people in the front room that day. Didn't know of any other doctor treating her except at Buffalo; as far as he knew he was her medical advisor; was not called to treat her for any ailment in October or November.

The witness was not allowed to say whether he had treated her since her imprisonment.

Brother-in-Law Baker Didn't See Walstrom.

F. B. Baker of Western, Saline county, brother-in-law of the defendant, testified that he was at the Sheedy residence after Sheedy's death; went there Tuesday and staid until Friday; was there when young Oppenheim came; there were in the house at that time Dennis Sheedy, ar.. and two borthers, the wife of one of the latter, Mrs. Dean, young Dennis Sheedy and two or three others, with witness and his wife. Dr. Hook was called there that day. The Messrs. Sheedy and the young attorney sat down at the table to sign the power of attorney. Walstrom was not there at that time. Witness had never seen Walstrom at that time. Oppenheimer was there when witness left, and Oppenheimer had not seen Mrs. Sheedy when witness left; she was in the sitting room lying down, and had not come into the parlor. Thought the piano was closed. Was in the room with Oppenheimer about five minutes.

This was in rebuttal of Jacob Oppenheimer's testimony to the effect that when he took a power of attorney over there for the heirs to sign, he handed it to Mrs. Sheedy, who in turn submitted it to Walstrom with the remark, "It's all right, Harry."

Who Sent for Walstrom?

Mrs. Dean, a sister of defendant was at the Sheedy residence at Sheedy's death; Patrick and Michael Sheedy, brothers of deceased, went away on Friday after the funeral; Dennis sent for Walstrom on Saturday afternoon; didn't remember having seen Oppenheimer there; Mrs. Dennis Sheedy was there, but the other two brothers had gone home the day before; Mrs. Sheedy was sick in the sitting room on Friday and the doctor was there, so far as witness knew Walstrom was not at the house from the time of Sheedy's death until Saturday; was not there on Friday.

Mr. Dennis Sheedy asked Mrs. Sheedy to send for Walstrom Saturday afternoon; Mrs. Sheedy wrote a note to Walstrom and handed it to Dennis Sheedy, sr.; Dennis Sheedy, jr., went after Walstrom; he came; witness was not in the parlor when he came; nor was Mrs. Sheedy; young Dennis Sheedy introduced Walstrom to Dennis Sheedy, sr.; didn't know where young Dennis Sheedy had met Walstrom. Witness had met Walstrom at the Sheedy residence a couple of times; just knew him; Mrs. Sheedy and witness went into the parlor just before Walstrom left that day.

"Let me refresh your memory a little," remarked Mr. Hall. "Don't you remember that when Walstrom came Mrs. Sheedy introduced him to Dennis Sheedy and you got up and left the room when that interview began?"

"No, sir, not to my recollection."

But while she was answering in the negative Mrs. Sheedy was nodding an affirmative.

"Don't you know, Mrs. Dean, that Mrs. Sheedy insisted on [?] for Mr. Walstrom and that she wanted Dennis Sheedy to see him, and that he was a mere boy?"

"No, sir."

"And don't you know, Mrs. Dean, that when Walstrom came he said, 'Mr. Sheedy, I understand you want to see me,' and that Mr. Sheedy replied, 'You are mistaken; I have not sent for you and did not want to see you?' "

"No, sir."

"How much of that conversation did you hear wherein Mr. Sheedy asked Mrs. Sheedy to send for Walstrom."

Witness was not certain. She said she first met Walstrom late in October at the Sheedy home.

Goldwater vs. Burr.

Hymen Goldwater was recalled at the instance of the defense and questioned by Colonel Philpott as follows:

"Did you not tell Mr. L. C. Burr at his office about two months since that you fixed the head of that cane yourself and that you had told your boy to swear that he had fixed it?"

"No, sir."

"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 it 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 difference. I am entitled to my money just the same?"

"It is a great lie. I was there only but vonce at all," roared Mr. Goldwater, rising from his seat with an air of indignant consternation.

The witness was excused amid a great roar of mirth on the part of the audience.

Burr vs. Goldwater.

Mr. Burr was then recalled and testified that Goldwater had been to his office twice on that day and had said in substance what he had above denied.

Col. Philpott's Endorsement Commended.

Mr. Philpott then said that the defense desired to use a cane which had been taken from Monday's shop after his arrest and had been had in court several times by the state, but it was not present. Judge Field said that they should have asked for it when it was there. The discussion developed the fact that Officer Malone had taken it home.

"If you wish the can you can subpoena Malone and have him bring the cane," suggested Mr. Lambertson.

"I told you you would want Malone ere you got through," said Hall.

"O, yes; you would like to have us make Malone our witness, so that you could cross-examine him. You want us to give Malone our endorsement," said Philpott.

"No, we don't," retorted Lambertson. "your endorsement would damn anything."

This was the cane which Monday was alleged to have secured after the killing to take the place of the fatal weapon, and had taken off the head so that it would resemble the lost staff.

Philpott vs. Malone.

Colonel Philpott then took the stand in behalf of the defense and again proceeded to answer his own questions, as follows:

"What is your name?"

"J. E. Philpott."

"Are you acquainted with James Malone?"

"Yes, sir."

There was a roar of mirthful derision and the court said that judging from the character of evidence being introduced, the end of the case was drawing near. He hoped that the attorneys would pursue their work to a finish in a serious vein.

Philpott then related how he had met Malone in the corridor of the jail and how the latter had told him that Monday was in a desperate condition and likely to suicide before morning.

Mr. Melick was recalled and testified that Dennis Sheedy and Mrs. Sheedy had jointly offered $1,000 reward; before Mrs. Sheedy's arrest; that Dennis Sheedy had subsequently withdrawn it and had made a private offer to witness of $1,000 reward after her arrest; witness had told Malone of it some time afterwards and had told him he should have half of it if successful. Every one of these facts was vigorously opposed by the state, but the court allowed them to go in.

Strode vs. Malone.

Mr. Strode then took the stand, was sworn and testified to having had a conversation with Malone at the police station on the Sunday evening of the confession of Monday McFarland, in which the officer said that they had put Monday into the sweatbox and scared the confession out of him.

Medical Authorities Go In.

The defense introduced a large number of medical authorities bearing on the conditions found in the brain, including Colonel Philpott's now celebrated "arbor vitae, the tree of life," and the similarity of symptoms of compression and morphine poisoning.

A [?] a transcript of proceedings in the preliminary hearing, showing that Walstrom was released.

Colonel Stepney's Forehast for Cause.

Officer Malone came in at this point with the cane for which Colonel Philpott had asked, having gone home after it. It was the one Monday had carried after the assault.

P. J. Stepney was called and said he was a cousin of Monday McFarland. The cane was shown him and he said he thought he had had that cane along last summer; McFarland had complained of having the rheumatism and had got the cane of witness about last September.

The defense offered the cane in evidence and the state objected, as it was immaterial, there being no claim that it was the cane Monday McFarland had on the night of the assault or that it had any special relation to the commission of the crime.

Upon cross-examination Stepney said he had picked the cane up "somewhere's down about the house," his sister's house, sometime last spring, and used it last summer. Didn't know who it belonged to or where it came from; gave it to Monday right after the state fair one evening. Hadn't seen the cane before since the assault; didn't know where this cane was purchased or who purchased it. Thought it was the same cane. Also had another cane at his shop; didn't tell Malone that that one was McFarland's; a boy named Hilderbrand left it there after witness gave his own cane to Monday. Witness said he was a cripple and had to carry a cane.

The state undertook to ask him if the overcoat he was then wearing was not the coat Monday had worn on the night of the assault, but the question was not permitted. It was the same, however.

Dennis Sheedy Put Up for It.

Coroner Holyoke was called and said that he conducted the Sheedy inquest; had a portion of the cheek bone taken from John Sheedy's head at that time. It was the bone that was partially broken loose from the skull. He said it required considerable force to remove it at the postmortem. It was offered in evidence.

He was exmained as to the autopsy and knew the heart was enlarged; couldn't say that it was fatty degeneration, as he had not examined it with a microscope and fatty degeneration could not be detected accurately with the naked eye.

He told in detail of having taken the stomach to Professor Vaughn for analysis, and after a contest between the arrayed forces of attorneys the witness was permitted to state that Dennis Sheedy had told him to go ahead and have the examination made and that he would contribute to the extent of $200 himself and the county commissioners had agreed to pay $50. John Fitzgerald had paid witness his expenses for taking the stomach to Chicago upon an order from Mr. Hall.

This closed the testimony for the defense and at 4:50 came the impressive announcement from Mr. Strode:

"The defense rests."

Bradeen Was With Gleason.

George W. Bradeen was called in rebuttal by the state; was slightly acquainted with John Sheedy; knew William Gleason; was in the club rooms over 124 North Tenth street on the night of the Sheedy assault; William Gleason was in the rooms over the Ivy Leaf, from a little before 7 o'clock until nearly 9 o'clock that night; saw Ab Carder there that evening; Gleason and witness were there at the time and had some conversation with Carder; a man came up and told of the assault on Sheedy; just as Gleason went out.

Cross-examined, the witness said that there was gambling going on in that room. He declined to answer the question as to who was running the room, on the ground that it would criminate himself. He denied that any ill feeling existed between himself and Sheedy at that time; there had been, but it had been settled.

"Did you not go past Gus Sanders' saloon about 3 o'clock in the morning after the assault?"

"I believe I did."

"What did you see going on there?'

"I don't remember that I saw anything/"

"Didn't you see Gus Sanders and other parties in his private office looking over some papers?"

The state's objection was sustained.

Witness said he did not go to the Sheedy residence that night of the assault and had certainly not told W. W. Carder that he did go there because he had some interest in the event. Neither had he ever told W. W. Carder that Ab. Carder's former testimony was about correct.

Charles E. Alexander testified that he was police reporter on THE STATE JOURNAL and knew W. W. Carder for two years; had had a conversation with W. W. Carder during the week following the Sheedy murder in which Mr. Carder had told him that the cane found at Sheedy's place was not his lost cane.

Mr. Strode endeavored to show that the witness had been governed in his reports of the preliminary hearings by the dictation of certain gamblers, but signally failed in the absurd endeavor.

Hoagland Talked With Carder.

Henry V. Hoagland was called and said that W. W. Carder told him at the Capital hotel on the Sunday night following the assault, in the presence of J. D. Wright, that the cane found at the Sheedy residence was not his cane; that it was thought at first it was, but that it wasn't. Witness had joked Carder about being the man who struck Sheedy, as the cane had been identified as his. Carder said it was a mistake.

Fullington Was With Gleason.

Anson Fullington was called and corroborated the testimony of Bradeen. He said Gleason was in the room over the Ivy Leaf on the night of the assault; Gleason came there from 6 to 6:30 and left at nearly 9 o'clock. Remembered that it was that night because it had been claimed that the gamblers did it, and Ab Carder had come in and told of the assault on Sheedy; Ab Carder had talked to Gleason; couldn't remember who came in first that night, Gleason or Bradeen; Gleason went out first. Didn't remember how Ab Carder was dressed. Witness was sure that Frank Williams was in that room that night; didn't remember when he came or when he left; didn't remember that there was any playing there that night.

Fred Miller Remembered Something.

Fred A. Miller, day sergeant of police, testified that he had a conversation with W. W. Carder in which the latter stated that he had at first thought that the cane was his, but that he couldn't identify it as the one he had lost.

The defense endeavored to show by Mr. Miller that he, himself, had identified the cane, but were not permitted to do so.

An Authority on Moonshine.

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 spite of the objections of the defense that it had not been identified as a standard scientific authority.

No More Testimony to Go In.

The progress of the Sheedy case was remarkably dilatory during the half day session devoted to rebuttal Saturday owing to the absense of witnesses expected by the state, and the officers of the court received several broadsides of criticism from Judge Field and the attorneys for not having the witness in readiness when called.

There was the inevitable crowd of spectators in attendance, eager to hear the last bits of conflicting testimony sifted to a definite conclusion. The accused, with their attendants and attorneys, were on hand promptly at the hour for opening. An air of exhaustion was perceptible on every hand. The three weeks of mental strain had left its traces upon the features of all whose connection with the case has kept them in line with its progress, and it was apparent that all were ambly qualified to profit from a day of rest.

Mrs. Sheedy, during the greater part of the long forenoon sat with her eyes closed, as if sleeping, while her sisters, Mrs. Morgan and Mrs. Dean, were quietly enjoying the mental relief that comes borne upon a tide of tears. Those three devoted sisters appear to have suffered much more poignantly from the events of the past three weeks than has the defendant who enjoys their tender, anxious sympathy, if one may accurately measure human anguish by outward appearances. Their deportment has undeniably operated very much to the advantage of the defense in this case.

Monday McFarland did not appear so utterly forsaken Saturday as during the former days of the trial. It is true that some of his colored friends and relatives have been near him in court every day ever since the taking of testimony began, but yesterday he sat in a semi-circle of ten colored ladies. Among them all the most tastefully and expensively attired was his wife, an intelligent looking colored woman of apparently about twenty-five years of age. She had brought with her their baby, and the child nestled down into its father's arms and maintained a mystified quietude throughout the forenoon. Once the swartly prisoner was noticed bending over in tears, Monday and his coterie of friends sat nearer the jury than did Mrs. Sheedy, and the incident of the child's presence in court did not fail to make its impression upon everyone.

The chief testimony offered Saturday was certainly of a very important and interesting nature. Both shides had some ready, but only the defense was allowed to bring out any new facts. The testimony of Mrs. Skinner to the effect that she saw Monday McFarland pass through the alley just after both of the assaults at the Sheedy place, was not permitted to go before the jury.

Upon the opening of court Mr. Strode asked the court for leave to introduce some testimony of which he had just learned, and desired to call D. G. Courtnay. Mr. Hall for the state protested somewhat against permitting the introduction of such evidence so long after the defense had rested its case, but the court concluded to permit it.

An Anonymous Threatening Letter.

Mr. D. G. Courtnay was called and said that John Sheedy was in his office two or three or four days before the last assault and gave him a letter he had received, indicating that he was to be assaulted and killed; witness gave it back to Sheedy; had looked through Sheedy's papers after his death, but had been unable to find it; Patrick and Michael Sheedy had then taken some of the clothing away. There was no name signed to the letter and it was in a disguised handwriting. Mr. Sheedy had said at the time that he had shown it to Mrs. Sheedy. The substance of the letter was that unless Sheedy let up on his opposition to other gamblers and stopped trying to run the town, it would be only a question of time until he was killed.

"Mr. Courtnay, when did you tell Mr. Strode about that letter?" asked Mr. Hall.

"Yesterday. I had told Mr. Biggerstaff of it the evening before and had also spoken to Judge Weir."

"Is it not a fact, Mr. Courtnay, that that letter was signed, 'a friend to your wife?' "

"It is not."

"Did he ever show you any similar letter or letters signed in that way?"

"No, sir."

The witness explained that the letter was postmarked at Lincoln, was not dated and was written in what appeared to be a man's disguised hand.

The defense also endeavored to call out the substance of some letters Mrs. Sheedy had written her husband while she was in Buffalo, and how they came to be destroyed. He stated that Dennis Sheedy had read them in the presence of the witness and had cried like a child. He was not permitted to tell of the contents or tone of those letters, although the defense persistently endeavored to draw out some intimation of the terms in which they were couched, from which it was easily inferred that they were ideal love letters.

Saw no Two Men Running.

Officer Kinney was the first witness called in rebuttal by the state and said that he was with Officer Otto at the Burr block corner, Twelfth and O, when the shooting occurred; saw no men running south on Twelfth; immediately ran north on Twelfth street about forty feet past the alley; met Henry Krause there; turned around and ran around into the alley. Saw no one running south at any time. Saw no two boys standing on the south side of O street; they might have been there. The patrol wagon did not go to the Sheedy residence after the assault. Witness ran clear through the alley; thought Officer Adams did also.

Topping was Sober, but Saw no Men.

D. C. Topping, a blacksmith, was down by the opera house when the first shot was fired, and went north a little ways; went as far as the curbing opposite of Sheedy's house.

"Did you see two men running south from the Sheedy house just after the shooting?"

"No, sir."

"Do you think you were so situated as to have seen them if they had been so running?"

"I guess so. I was sober."

"Well, would you have seen them if anyone had run south on Twelfth street?"

"Yes, sir."

"And you saw no one?"

"No, sir."

The witness was subjected to the usual rigid cross-examination, which developed that the witness stood still at the opera house corner until all the shots had been fired, then ran north; saw a number of people around the Sheedy residence and others going, but saw no one whom he knew. Didn't stay to learn the details of the trouble; only heard that some one had been struck. Had first told of having been there after he had heard what two witnesses had testified to yesterday about two men running south.

Otto at the Alley.

Officer Otto also testified that he was standing at the Burr block corner when the shooting began and started north at once. Did not see any man or men running south on Twelfth street. Ran past the alley until Krause came running out on the west side of the house and said Sheedy was shot; witness ran back to the alley, ran up it a short distance and came back to Twelfth street. Did not go east of the gate leading from the Sheedy premises into the alley. Didn't think the patrol wagon was there that night; Bob Malone was driver of the wagon at that time; didn't know how Bob got to the house. Believed that the police record didn't show, that the wagon went out that night.

Couldn't Tell What She Knew.

Mrs. Margaret Skinner lived at O street in rear rooms looking out upon the alley some distance east of the back end of the Sheedy premises; on the evening of the assault upon Sheedy she heard the shooting and ran to the window, raised it and looked out.

At this point the defense objected to the introduction of this testimony in rebuttal, as it was testimony which should have been offered in chief.

Mr. Hall said he was in doubt himself as to just whether or not the evidence of this witness could be deemed strictly rebuttal, but it was testimony which should certainly be admitted. The defense endeavored to create an impression in the minds of the jury that two men were seen running south on Twelfth street and that they were probably the men who had assaulted John Sheedy. He thought it proper for the state to show in rebuttal that this witness had seen this defendant (referring to Monday), charged with that assault, pass eastward through that alley, followed by two policemen.

It is claimed that Mrs. Skinner also saw Monday pass through the alley on the night of the first assault.

Mr. Stearns objected strenuously not only to the introduction of such testimony, but to the utterance of any such statement before the jury. He said that this had been the course of counsel for the state all through the trial, to endeavor in an underhanded way to prejudice the jury by statements not permissible in evidence.

"I don't suppose the jury will accept as evidence any such statement," remarked Mr. Hall.

Mr. Woodward asked the court to instruct the jury that it should attach no weight to the statement of Mr. F. M. Hall, counsel for the state.

"The jurors will not consider as evidence or of any weigt the statement of the attorney--or of any attorney, as far as that is concerned, unless under oath."

A record of the court's admonition was made, and Judge Field having declared the evidence not admissible, the witness was excused.

The Results of So Much Secrecy.

Counsel for the state very much regret that this witness was not discovered prior to the beginning of the trial. One of the requirements of the law is that the names of all the witnesses for the prosecution must be endorsed upon the back of the information before the beginning of the trial. This is a measure designed for the