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249THE SHEEDY TRIAL (Continued from page four.) He characterized the evidence connecting her with the crime as too remote, too uncertain, too slight to ever permit of a thought of her conviction. The Confession Reviewed. When Col. Philpott took his turn at the argument he reviewed the circumstances under which McFarland's so called "confession" was made and maintained that it was extorted by means of threats and promises. Then he raked the doctors fore and after for their conflicting testimony, hinting that Sheedy's death might be due to malpractice. He pointed out that financial interest that Dennis Sheedy must have in the prosecution, and how the attorneys he had employed could well afford to remain in court for four weeks looking after this prosecution. They had two strong incentives--first the desire to win this great suit, and second the money there is in it. This money would be inconsiderable sum, and it must come either from the pockets of Dennis Sheedy or the estate of John Sheedy. He complained bitterly that Dennis Sheedy had not been brought into court for examination on behalf of the defense in compliance with the promise of the attorneys for the state. He inveighed against the assertion of Mr. Hall that the prosecution of Mrs. Sheedy could come from brotherly duty on the part of Dennis Sheedy, alleging that it was a persecution to secure the share of the estate that would otherwise fall to her. The Colonel picked numerous flaws in the case of the prosecution. He reverted to the fears that Sheedy had entertained--not for Monday McFarland--but for two gamblers. When asked by Ab Carder after the assault who had struck him he had replied "the big man." The state had shown that when Monday McFarland had struck that blow he had on Stepney's overcoat, but John Sheedy said the man had on a short coat. The speaker closed his argument with a forcible explanation of his refusal to permit Monday to turn state's evidence, and said that he had in his thirty-five years of practice never perjured himself or been guilty of subornation or perjury, and he would never have permitted his client to perjury his would to hang that woman. The colonel had talked for two hours in an earnest, forcible manner and made a strong plea for his client. The Defense Closed. Attorney Strode made the closing argument for the defendants, and did it in a manner which met the high expectations of the audience. He pointed to the failure of the State to call Dennis Sheedy and his son, although the prosecution had promised to put them upon the stand. Young Dennis was at the house during the tragedy and surely was an important witness. Old Dennis had not appeared because he knew the domestic relations of John Sheedy and his wife; because John Sheedy had recently told him how happily he had been living with his wife; he had not been put on the stand because he had settled up John Sheedy's affairs after his death, had gone and settled with the gamblers and got his money from the safe, and nobody knew how much money there was in that safe. Mr Strode denied that there was any evidence that Mrs. Sheedy had married for money. There was no evidence that John Sheedy had any mony nine years ago. He showed that there was no evidence of clandestine meetings between Mrs. Sheedy and Walstrom. Then he turned to the manner of getting McFarland's confession, going over the details at length to show that it had been extorted by threats of mob violence and promises of leniency. Referring to the charge of poison Mr. Strode told the jury that if it was administered it must have been while John Sheedy was on the sick bed, and the only person who was present when every does of medicine was given was endorsed on the information by the prosecution, but had not been brought into court--a significant fact that spoke volumes. Relying upon the intentions of the state the defense who hoped and expected to use Dennis Sheedy, jr., were deceived--he was spirited away, kept out of the reach of the defense. He then recalled how Mr. Hall apologized at the close of the state's testimony and stated as due to the defense that no poison had been found in the stomach. Then he dwelt upon how they, with Dennis Sheedy behind them, like thieves and ghouls, sneaked to the grave yard and took up the liver and other organs, took them to Chicago in the hope still of convicting that poor broken-hearted woman for the number of her husband--for the purpose of getting the property of John Sheedy. Taking the hair alleged to have been taken from Mrs. Sheedy's body it was exhibited to the jury, the speaker dwelling upon his belief that it was a concocted scheme against his client, a comparison of it was made. He turned to Mr. Lambertson and charged the whole thing as an infamous plot of the detectives and prosecuting attorneys, meanwhile asking to allow Mary Sheedy to walk up the jury box and submit the hair of her head to a closer scrutiny by the jurors, that a truer comparison might be made. Mr. Lambertson objected and in defending himself from Mr. Strode's charges of a combined plot of attorneys and detectives, shook his fist at the speaker and said "You are a liar, Mr. Strode, and you know it." Judge Field expressed surprise at Mr. Lambertson's language, and reproved the distinguished lawyer with earnest emphasis. The crowded court room broke into a round of applause and when the disturbance was quelled the judge gave notice that another demonstration would result in the clearing of the room. Mr. Strode continued his remarks to the jury, addressing them as to what had been introduced as evidence and their duty in its consideration, holding the state had not made a case that would bear the test. After admonishing the jury that the court would instruct them that they could not consider the confession of McFarland as against Mrs. Sheedy, but hoping both defendants would be acquitted, he closed his arguments with some beautiful quotations feelingly delivered to the jury, bringing tears to the eyes of many. His peroration was remarkably effective bit of oratory, and Mr. Strode's argument is regarded as one of the most powerful and hateworthy in the legal annals of the Lancaster bar. The Last Speech. Hon G M Lambertson, counsel for the prosecution, closed the arguments. "Murder is the most awful deed that man can commit," he said. "So foul and unnatural is it that it smells to heaven. This is true when one in beat, but the horror is more profound when the victim is struck down, dastardly and relentlessly, in cold blood. On the second Sunday in January last, as the twilight was deepening into night, John Sheedy, in the peace of God, on his own threshold, in the heart of this populous city, within call of a score of men, was struck a death dealing blow by an assassin that lurked within the shadows of his own porch. "Suspicion was abroad with an hundred eyes; lynx-eyed officers were alert; claws were followed; but every circumstance, every trace pointed as unerringly as the finger of fate to this dark-skinned man and this white faced woman; to this negro whom he had befriended; to this woman he had taken to his bosom, as the authors of the deep damnation of his taking off." In a fervid speech of three hours Mr Lambertson reviewed the testimony, drew conclusions and backed them with the fine oratorical powers for which he is noted. Given to the Jury. It took nearly an hour for Judge Field to read his instructions, and the case was given to the jury at six o'clock Thurday evening. The court said that it was that it was for the jury to decide whether or not McFarland's confessions had been obtained by threats or promises and consider or reject them accordingly. He also instructed them that the negro's confession could not be considered as evidence against Mrs. Sheedy. He explained at great length the difference between the two degrees of murder and manslaughter. There are four counts against the defendants. The first charges Monday McFarland with inflicting a mortal wound with a cane, and that Mrs. Sheedy procured, aided and abetted McFarland in the act. The next charges Mrs. Sheedy with administering poison to her husband with murderous intent, aided and abetted by McFarland. The next charges McFarland and Mrs. Sheedy with jointly assaulting Sheedy with a cane and with administering poison, and that death resulted from both causes. The last charges Mrs. Sheedy and Monday McFarland with the murder of John Sheedy by assaulting him with a cane. There is very little positive evidence against Mrs. Sheedy outside of McFarland's story, and it is generally believed she will be acquitted. The darky's fate is uncertain. Both God Free. The Jury came in shortly after three o'clock yesterday afternoon with a verdict of not guilty for both for Mrs. Sheedy and Monday McFarland. They are said to have thrown out the so-called confession of the negro for the reason that it was extorted by threats and promises. Outside of that confession there was almost no evidence, as VANITY FAIR has maintained from the first. Mrs. Sheedy received the verdict with the composure that has marked her demeanor all through the trial. Monday's ebony face responded to the good news with a grin, and he responded to an inquiry with the remark that he "felt a good deal better, but he was pow'ful scared during the trial." The crowd in the court room cheered. Dennis Sheedy and his brothers will not gobble all of John Sheedy's estate, and Dennis will have a handsome bill to food in meeting Attorney Lambertson's fee. Mrs. Sheedy will have the queer experience of paying half of one of the attorneys who used all his ability and eloquence to hang her. The lawyers and the papers that harped on the yarn that the negro was to be sacrificed to save the woman have been in a ridiculous light, Poke Suspended. GRAFTON, Neb., May 20--The little village has been very quiet for a few weeks past. Every one is afraid he might get his name in VANITY FAIR. They seem to have a holy horror of that. They even began a collection of ancient hen fruit which they were going to donate to your horrible correspondent if they discovered him. He seems to be the most sought after man in town. Wonder if they will succeed. The items from here caused the suspension of several quiet little Sunday games of poker, but we are afraid it wont be for long. Our dude is now quite a frequent visitor to the saloon. We suggest that he should be more careful as his parents might catch on. Editor W. still continues his frequent trips to Lincoln. Wonder if he visits that little brown cottage each time? That good deacon should be very careful that no one sees him when he visits the saloon by the back door it might be unpleasant for him if his name was known. E H had better be careful and not get into trouble with that country girl. Faubble Cries Quits. DAVID CITY, Neb., May 29--Now, Van, brace up and pay for the suit and be one of the upper teus. Keep away from the north part of town. Why do Chiester's clerk and the tooth extractor spend their evenings with Katie! Limk, hubby is coming, look out. Why did the boys make a break through the alley? Why did Dutch's sand box run dry and go for hom? Jim and B, keep on your shoes. Six day race, go as you please--Hartson in the lead, McAllester second, Cook distanced. Time, two-two. Faubble says he will keep still if the VANITY FAIR will quit. Why does John Schramek go to that house in the south part of town? He Thinks He is Smooth. HASTINGS, Neb., May 29--He is a fat man with burnsides and wears a blue uniform. He entered the jail corrider, turned down the gas and tried to work the female prisoner from Carleton, on the evening of the 21. She would not have it that way. And after a second attempt he retired. Hereafter such prisoners will be safe, as the door supports a new Yale lock with no duplicate keys out. Whiskers, you had better come off the perch, or your wife may find the correct number of the room next time, and then you might find a situation as chambermaid in your wife's boarding house, where she can sing to you all the time. For perfect pictures visit the Studio Le Grande, 124 South Twelfth street. Do you want to know where to buy cheap millinery? Yes. At Thornburn Sisters' new store, 1242 O Street. | 249THE SHEEDY TRIAL (Continued from page four.) He characterized the evidence connecting her with the crime as too remote, too uncertain, too slight to ever permit of a thought of her conviction. The Confession Reviewed. When Col. Philpott took his turn at the argument he reviewed the circumstances under which McFarland's so called "confession" was made and maintained that it was extorted by means of threats and promises. Then he raked the doctors fore and after for their conflicting testimony, hinting that Sheedy's death might be due to malpractice. He pointed out that financial interest that Dennis Sheedy must have in the prosecution, and how the attorneys he had employed could well afford to remain in court for four weeks looking after this prosecution. They had two strong incentives--first the desire to win this great suit, and second the money there is in it. This money would be inconsiderable sum, and it must come either from the pockets of Dennis Sheedy or the estate of John Sheedy. He complained bitterly that Dennis Sheedy had not been brought into court for examination on behalf of the defense in compliance with the promise of the attorneys for the state. He inveighed against the assertion of Mr. Hall that the prosecution of Mrs. Sheedy could come from brotherly duty on the part of Dennis Sheedy, alleging that it was a persecution to secure the share of the estate that would otherwise fall to her. The Colonel picked numerous flaws in the case of the prosecution. He reverted to the fears that Sheedy had entertained--not for Monday McFarland--but for two gamblers. When asked by Ab Carder after the assault who had struck him he had replied "the big man." The state had shown that when Monday McFarland had struck that blow he had on Stepney's overcoat, but John Sheedy said the man had on a short coat. The speaker closed his argument with a forcible explanation of his refusal to permit Monday to turn state's evidence, and said that he had in his thirty-five years of practice never perjured himself or been guilty of subornation or perjury, and he would never have permitted his client to perjury his would to hang that woman. The colonel had talked for two hours in an earnest, forcible manner and made a strong plea for his client. The Defense Closed. Attorney Strode made the closing argument for the defendants, and did it in a manner which met the high expectations of the audience. He pointed to the failure of the State to call Dennis Sheedy and his son, although the prosecution had promised to put them upon the stand. Young Dennis was at the house during the tragedy and surely was an important witness. Old Dennis had not appeared because he knew the domestic relations of John Sheedy and his wife; because John Sheedy had recently told him how happily he had been living with his wife; he had not been put on the stand because he had settled up John Sheedy's affairs after his death, had gone and settled with the gamblers and got his money from the safe, and nobody knew how much money there was in that safe. Mr Strode denied that there was any evidence that Mrs. Sheedy had married for money. There was no evidence that John Sheedy had any mony nine years ago. He showed that there was no evidence of clandestine meetings between Mrs. Sheedy and Walstrom. Then he turned to the manner of getting McFarland's confession, going over the details at length to show that it had been extorted by threats of mob violence and promises of leniency. Referring to the charge of poison Mr. Strode told the jury that if it was administered it must have been while John Sheedy was on the sick bed, and the only person who was present when every does of medicine was given was endorsed on the information by the prosecution, but had not been brought into court--a significant fact that spoke volumes. Relying upon the intentions of the state the defense who hoped and expected to use Dennis Sheedy, jr., were deceived--he was spirited away, kept out of the reach of the defense. He then recalled how Mr. Hall apologized at the close of the state's testimony and stated as due to the defense that no poison had been found in the stomach. Then he dwelt upon how they, with Dennis Sheedy behind them, like thieves and ghouls, sneaked to the grave yard and took up the liver and other organs, took them to Chicago in the hope still of convicting that poor broken-hearted woman for the number of her husband--for the purpose of getting the property of John Sheedy. Taking the hair alleged to have been taken from Mrs. Sheedy's body it was exhibited to the jury, the speaker dwelling upon his belief that it was a concocted scheme against his client, a comparison of it was made. He turned to Mr. Lambertson and charged the whole thing as an infamous plot of the detectives and prosecuting attorneys, meanwhile asking to allow Mary Sheedy to walk up the jury box and submit the hair of her head to a closer scrutiny by the jurors, that a truer comparison might be made. Mr. Lambertson objected and in defending himself from Mr. Strode's charges of a combined plot of attorneys and detectives, shook his fist at the speaker and said "You are a liar, Mr. Strode, and you know it." Judge Field expressed surprise at Mr. Lambertson's language, and reproved the distinguished lawyer with earnest emphasis. The crowded court room broke into a round of applause and when the disturbance was quelled the judge gave notice that another demonstration would result in the clearing of the room. Mr. Strode continued his remarks to the jury, addressing them as to what had been introduced as evidence and their duty in its consideration, holding the state had not made a case that would bear the test. After admonishing the jury that the court would instruct them that they could not consider the confession of McFarland as against Mrs. Sheedy, but hoping both defendants would be acquitted, he closed his arguments with some beautiful quotations feelingly delivered to the jury, bringing tears to the eyes of many. His peroration was remarkably effective bit of oratory, and Mr. Strode's argument is regarded as one of the most powerful and hateworthy in the legal annals of the Lancaster bar. The Last Speech. Hon G M Lambertson, counsel for the prosecution, closed the arguments. "Murder is the most awful deed that man can commit," he said. "So foul and unnatural is it that it smells to heaven. This is true when one in beat, but the horror is more profound when the victim is struck down, dastardly and relentlessly, in cold blood. On the second Sunday in January last, as the twilight was deepening into night, John Sheedy, in the peace of God, on his own threshold, in the heart of this populous city, within call of a score of men, was struck a death dealing blow by an assassin that lurked within the shadows of his own porch. "Suspicion was abroad with an hundred eyes; lynx-eyed officers were alert; claws were followed; but every circumstance, every trace pointed as unerringly as the finger of fate to this dark-skinned man and this white faced woman; to this negro whom he had befriended; to this woman he had taken to his bosom, as the authors of the deep damnation of his taking off." In a fervid speech of three hours Mr Lambertson reviewed the testimony, drew conclusions and backed them with the fine oratorical powers for which he is noted. Given to the Jury. It took nearly an hour for Judge Field to read his instructions, and the case was given to the jury at six o'clock Thurday evening. The court said that it was that it was for the jury to decide whether or not McFarland's confessions had been obtained by threats or promises and consider or reject them accordingly. He also instructed them that the negro's confession could not be considered as evidence against Mrs. Sheedy. He explained at great length the difference between the two degrees of murder and manslaughter. There are four counts against the defendants. The first charges Monday McFarland with inflicting a mortal wound with a cane, and that Mrs. Sheedy procured, aided and abetted McFarland in the act. The next charges Mrs. Sheedy with administering poison to her husband with murderous intent, aided and abetted by McFarland. The next charges McFarland and Mrs. Sheedy with jointly assaulting Sheedy with a cane and with administering poison, and that death resulted from both causes. The last charges Mrs. Sheedy and Monday McFarland with the murder of John Sheedy by assaulting him with a cane. There is very little positive evidence against Mrs. Sheedy outside of McFarland's story, and it is generally believed she will be acquitted. The darky's fate is uncertain. Both God Free. The Jury came in shortly after three o'clock yesterday afternoon with a verdict of not guilty for both for Mrs. Sheedy and Monday McFarland. They are said to have thrown out the so-called confession of the negro for the reason that it was extorted by threats and promises. Outside of that confession there was almost no evidence, as VANITY FAIR has maintained from the first. Mrs. Sheedy received the verdict with the composure that has marked her demeanor all through the trial. Monday's ebony face responded to the good news with a grin, and he responded to an inquiry with the remark that he "felt a good deal better, but he was pow'ful scared during the trial." The crowd in the court room cheered. Dennis Sheedy and his brothers will not gobble all of John Sheedy's estate, and Dennis will have a handsome bill to food in meeting Attorney Lambertson's fee. Mrs. Sheedy will have the queer experience of paying half of one of the attorneys who used all his ability and eloquence to hang her. The lawyers and the papers that harped on the yarn that the negro was to be sacrificed to save the woman have been in a ridiculous light, Poke Suspended. GRAFTON, Neb., May 20--The little village has been very quiet for a few weeks past. Every one is afraid he might get his name in VANITY FAIR. They seem to have a holy horror of that. They even began a collection of ancient hen fruit which they were going to donate to your horrible correspondent if they discovered him. He seems to be the most sought after man in town. Wonder if they will succeed. The items from here caused the suspension of several quiet little Sunday games of poker, but we are afraid it wont be for long. Our dude is now quite a frequent visitor to the saloon. We suggest that he should be more careful as his parents might catch on. Editor W. still continues his frequent trips to Lincoln. Wonder if he visits that little brown cottage each time? That good deacon should be very careful that no one sees him when he visits the saloon by the back door it might be unpleasant for him if his name was known. E H had better be careful and not get into trouble with that country girl. Faubble Cries Quits. DAVID CITY, Neb., May 29--Now, Van, brace up and pay for the suit and be one of the upper teus. Keep away from the north part of town. Why do Chiester's clerk and the tooth extractor spend their evenings with Katie! Limk, hubby is coming, look out. Why did the boys make a break through the alley? Why did Dutch's sand box run dry and go for hom? Jim and B, keep on your shoes. Six day race, go as you please--Hartson in the lead, McAllester second, Cook distanced. Time, two-two. Faubble says he will keep still if the VANITY FAIR will quit. Why does John Schramek go to that house in the south part of town? He Thinks He is Smooth. HASTINGS, Neb., May 29--He is a fat man with burnsides and wears a blue uniform. He entered the jail corrider, turned down the gas and tried to work the female prisoner from Carleton, on the evening of the 21. She would not have it that way. And after a second attempt he retired. Hereafter such prisoners will be safe, as the door supports a new Yale lock with no duplicate keys out. Whiskers, you had better come off the perch, or your wife may find the correct number of the room next time, and then you might find a situation as chambermaid in your wife's boarding house, where she can sing to you all the time. For perfect pictures visit the Studio Le Grande, 124 South Twelfth street. Do you want to know where to buy cheap millinery? Yes. At Thornburn Sisters' new store, 1242 O Street. |
