Omaha Daily Bee Newspaper, May 26, 1891, Page 1

Tue OMAHA Dally BEE. W s TWEN TIETH YEAR. OMAHA, TUESD AY MORNING, ‘MAY 26, 1801, REVIEWING THE EVIDENCE. Lawyers in the Bheedy Murder Trial Earning Their Fees. OPENING ARGUMENTS FOR THE STATE. County Attorney Snell's Address to the Jury - The Defense Declares It Is a Question of Blood Money. Liscory, Neb., Ma, [Special to Tne Bre.)--An immense crowd gathered in the court room this morning to hear the argu- meunts in the Sheady murder trial. Not only was every seat outside of the railing filled but also every bit of standing room occupied. Al the space inside the railing was also oc cupied clear up to the judge's desk The opening speech was made by County Attorney Snell &nd it occupied over two | bours and a quarter. Itis declared by bis friends to be the best effort of his life. The »etm fOlLIOWING is & pretty full abstract of what be said: E “When darkness closed around this quiet city on the 11th of last January, there plonned a most daring and cold-blonded r. The intended victim was Johu Sheedy, an old citizen, whose home was on the corner of Twellth and P streets. Mr Sheedy uad spent the greater part of the day at bis home. At about 7:80 o'clock he put on his overcoat, opened the front door, and then he was struck over the head with 8 heavy cane. He drew nis revolver, fi five times, but to no effect, being too dazed and swunned to take definite uin: The story of his suffering and his deatn has been nar- rated to you by a number of wituesses. John Sheedy was murdered, and 1 would ask you 10 just pause for a moment and think of the time and place, On Sunday night, the night of all nights in the week when strife and ill- feeling should be laid aside, and the place— his own home—where peace and good will should, if anywhere, reign supreme. But none of these vrotected John Sheedy. On that holy Sabbath, as it was drawing to a closc and as he opened his own door 1n faucied security, an assassin struck bim. The one who dehvered that blow had murder in his beart. He had deliberated upou 1t. He Jus and vindictive, had » laid in wait and was malic she was maintainine criminal relations with | bim prior to her husband’s murder. It was because of him that the trouble had arisen between ber and ber husband. No woman could have had a stronger motive than Mrs. Sheedy to put Mr. Sheedy out of the ‘When love of her husband has departed from the female beart and been transferred 1o an- other she becomes desperate. In order o ac- complish her purpose Mrs. Sheedy concinded that it could "best be done through McFar- reedy he confession of Monday Mctarland was theu detailed, sud Mr. Snell said that the defense would doubtless affect astonishment that the story of eriminal intimacy between the negro and Mrs. Sheedy would never oe believed by any body. Mr. Suell theu faced the prisoners and swd: “She wanted to be free. Her illicit lover Walstrom was in the city. She wauted Sheedy's property. How could she prevail upon McFuarland to help her!t Woula she hesitate 1 prostitute her body when her soul was already eternally condemned! Would a wowan who had murder in her beart Lalt or hestitate to committ adultery even with a black mant Now | Now I will touch briefly on the testimony for the defer These are divided nto two classes witnesses to prove the rela- tions which existed between Mr. and Mra. Sheedy: and, second, an abortive attempt to cast suspicion on Frank Williams and William Gleason, two gamblers. The latter baif are divided into four classes: First, those put on the stand to prove that it was Carder's cave: second, those who were put on to disprove Goldwater's testimony : third, Mr. and Mrs, Hosman, who were put on the stand to & ar that it was & white man who shot &t Sheedy the weck before the last assawit: fourth, the testi- mouy of the boys, Currie and Hitchcock, who were put on the stand to swear that they aw two wen running south from the Sheedy residence. 1 will touch ouly ou the latter four divisions.” The attorney then reviewed Carder's testi- mony at length concerning his identification of the cane und scouted the idea of such identification, since Carder couldu’t tell his own handwriting when put on the witness stand. The bitter spirit that Carder has shown toward the prosecution was alluded to. The testimony of Burr concerning the reward that Goldwater was to receive was also discredited. Hosman's testimony that it was a white man who struck instead of a bluck man was shown to be conformatory wth the darkey's story, as the description given by Hoswan tallied in_every way with that of Monday, except Hosman said that the fellow was a v dark complexioned white man, Mr. Snell then scouted the 1dea of Hosman being able to see a throe erowth of beard on a man's face on a dark night. The medical testimony was then re- viewed “It s time,” said the speaker, “that com- ession of the brain and morphine poisoning Libit the same symptoms. But an exami- nation of the brain would tell the tale. There were four physicians who were present at 1 I cannot conceive of a more brutal death than Sheedy met, nor can 1 conceive of auy- thing more cowardly than stri he comes from his own nome. The follow- ing week many rumors were afloat as to the party who struck the blow and the motive “that prompted it. Circumstances pointed toward McVariand, and he was arrested on Saturday night, tae 17th, and Mrs. Sheedy on the following Sunday. Who are these d fendunts! McFariand is a colored man and a Larber. The defendant, Mary Sheedy, was the wife of the deceased. Mr. Sheedy had employed McFarland to dress his wifc's hair, and in this way the two prisoners at the bar became acquuinted They were alone for an hour or more each time Mrs. Sheedy's hair was dressed ana she uad an opportunity to study McFarland, sound him aud determine in her own mind whether he would be faithful to ber and her interests and_courageous in the execution of her plans. We believe that the evidence nas been of such ao overwhelming character as to have convinced your minds early in the case that McFerland was the person who struck Jobn She That evidence apart from his confession, although iv many re- spects circumstantial in its nature, can haraly be explained upon any reasonable hypothesis other thau McFarlaud’s guilt Mr. Snell then, by the testimony of P, J. Stepney, McFarlaud’s cousin, that the day that he 'und Monday exchanged overcoats was the same day the latter bought the cs with which Sheedy was afterwards struck; the testimory of Williaw Chinn, who was with McFurland from 11 p. m. 10 2 a. m. the night of the assault, and who, noticing that McFarland was lame, aud the negrospeaking having lost his caue. Mr. Snell then con- ~ o “Apart from his confession, every circum- stance that has been testified to by nesses for the state on this branc caso poiuted to McFarland as a guilty part; Not oue of those facts or circumstances sought to explam or deny:. If ever a fact was eswab- lished in a criminal prosecution it has beon put beyond the pale of any doubt that McFarland was the man who lay in wait and murderously assaulted John Sheedy. Where 'was he at 7:830 ou that Sunday night if not at Sheedy's? Not one syllable of testimony has been put in by him as to his whereabouts on that day. “Why did McFarlaad strike Sheedy! Did Sheedy ever wrong him{ Peter Crampton, a fellow barber, says that Sheedy always had Monday shave bim and be paid him well, ving to bim an extra 10 cents or 25 cents mearly every shave. Sheedy was McFar- dJand’s friend and the negro unever would have struck bim had it not been for a certain woman. That female was referred to by my friend Stearns in his opening statement as sad, pale-taced, pensive lady, Mrs, Shee After secing her constautly for throe weeks in this court room aund noticing have the defense the her demeanor, I would rather think he would speuk of her as the cool-headed, steaay- nerved, desperute woman, who gave form and dircotion to McFarlana’s every move- ment. The defeuse would have you believe that Mrs. Sheedy was not oue of the couspir- ators because one C. O. Whedon, & lawycr, nev, saw Mr. Shoedy punding his wife or Mrs. Sheedy scolding «& her busband like & fish wife, Did any one ever suppose that ‘Whedon would be at Sheedy's house during & fuwily quarrel, or that any woman would ever tell such a cold-blooaed, abrupt man as Whedon auy of the troubles of her marriod life, except she came v 1 8BS an attorney to get her a divorce! It would Lake the geuiul rays of a tropical sun a half contury to get bim thawed out suflicient to fidat of auy man to say nothing of u woman, - Lew Frauklin and Mrs. Hatch had ench callod only once at the Sheedy residence s re m Buffalo, and othing out of the way. : the defenso did [ testify in that o conpicuous by their absenco. One would have supposed that they would bave called in the near friends of Mrs. Sheedy who visited her und whom sho_vis- ited, but they did not. Even when M Shoedy's own sister was put on the staud, and althougt sue hus lived in the family & number of mouths, ber mouth wes sealed in that rospoct. Not one question was axked of her in that regard “Tho testimony of Mrs. Hood was then re- forred to, and the sht out by that unwilling witness concerning the troubles between Mr. aud Mrs. Steady were dwelt on ut length, The commg of Wal- strom to Lincoln was then taken up and the matter of notes passing betwoeu the two cox- templused. Mr. Suell iusisted thet if these notes had been of an funocent character that those roceived by Mrs. Sheedy would have hoen produced in evidence. The fact that Mrs. Shoedy was in the habitof continp- aily sending liquors and elegzant lunches to ‘Walstrom’s room, that she presented him with five night shirts, bose and neckties und that Mrs. Carpenter had calied Mrs. Shood over to her-house onoeveuing when Wal Weient, Mr. Snoll reiutions were no steom was there, was su said, to sh that nocent, “Whon Sheedy v “about the first thing struck," Mrs, Sh said Snell, ald was to send for the priest sed the next to notify Walstrom, When her Klausuer was sent husban to tell th hopes. When Sheedy's ho laid away usnor was ouce Walstrom that Mrs, yLhing more of t at tbe funeral. Lody the cold and quiet grave K more dispatched 10 tell Bheedy would not think m unless be was or relutionsbip with Walstrom can be ex- Pinioed upon B0 Oluer Bypothesis Luan tawt become | the timeof the autopsy and they declare that morphine was thé cause of John Sheedy's deatb. If death resulted from the blow or compression of the brain they would have found blood clots there. They exanine the brain and found none. We must remi ber, whether or not any poison was admini: tered, that nevertheless both prisoners are guilty. Bach is guilty either asa principal i theone case or as au accessory in the other, These two defendants go hand 1u nun* 1f Mrs. Sheedy did not admiuvister the poisoffy and if the blow killed John Sheedy, she is guilty as an accessory. She is the real instigator of the crime. It would have been impossible for Monday McFarland to have stood at the door waiting to kill John Sheedy that night uuless he had a confed- erate in the house to give him a signal when to take his place. Any man would have been 4 fool to stand within & _aozen feet of the stregt in a thickly settied neighborhood wait- ing to murder a man. He must have hid be- hina the lattice work awaiting the precon- certed signal. His nerve had been raised to the proper point by whisky given to him by this woman who has been brought before you cbarged with either murdering or ubetting the murder of her husband, “In conclusion et me say the interests in- volved are of great magnitude. The state is not asking for the shedding of innocent blood, but when you go to your jury rooms remember a monstrous crime hes been com- mitted; that John Sheedy was murdered: that he was murdered in cold blood without one single mitigating circumstance; that he was struck down in his own door. If this crime goes unpunished, who can say that it will not be repeated! Gentlemen, of the jury, give the case your best deliberation, and render a verdict that will satisfy your own conscience, and 1 feel it will satisfy a deeply interested aud a wronged public, for every crime of this charactor strikes at the public security.” Judge Weir, attorney for Mrs. Sheedy, fol- lowed Mr. Snell, beginning in that eas, careful, smooth way which is betokened by his general bearing. After making a few preliminary remarks tie speaker suid: “We have under consiaeration the lives of two human ‘beings and these lives must be disposed of by the consideration of the jury. It is one of the greatest résponsibilities ever conferred upon this body of men and it gave me pleasure 1o read in_your faces during the triul that you fully realized the respousibil- ity.” He then drifted iuto his reason for coming here and spoke of the true work of the officers of the law, complimenting the prosecution for the work dono, pausing long enough 1o define the line between persocu- tion and prosecution. The first thing to which he called the attention of tho jury was the law aud the facts. “The jury.” he sald, *is the exclusive judge of the facts, the exclusive judze of the luw, and when it comes to final considerations it sbould be guided by the definitions given them by the juage of the law! Thus tbe judge instructs that the de- fendants ave prosumod 10 be eutirely inuo- cent until proven guilty aud the attention of the jury should not be diverted from this. “It is often,” he coutinued, “‘that our zeal as lawyers, our zesl (o gain victory, causes us to overstep the bounds aud cause mislead ing statements. Let tuis be watched, gen- tlemen of the jury, aud when such things are done banish it from your minds, When you euter into the Jury Foom let it be uppernost in your minds that it was and is the ~ dut of the prosecutivn to sweep mway from your miuds by evidence, all luvking suspi every vestige of that presumption of the of these two defendants, you to use that reas terest of tho acc P nnocence The law requires ble doubt in the in Some of this tesii of it the other, cut when you canuot un such circum steaces decide, then the Inw reguires the reasonuble doubt 10 bo excreised ju the in- terest of the It is divino law that nincty and nine should escape rather then ove inuoceit nished, At 2 o'clock Judge Weir, picking up the thread of discourse wi lours before be dropped it, sai e that to ali ps thore ecution as the and his ¢ aiscord and she wanted to get a aivorce, That while in Buffalo ste met und fell in love with ore A. H. Walsirom, und this led hor to stain Ler Laods in the blood of her kind, This ix the motive the prosecuticn offers. **And," coutinued he, “ivith gl the able counsci, with all the ef: forts of experiencea detectives, the prosecu- tion has falled to bring’ out any sub- stantial evidence, ouly the most remote cire od. looks one way and som ™ motive for this wife Jived in gre cumstantial eviacuce. It is important that we should krow the differcuce botween dwrect and amstantial _evidence. It is & great ponciple in law that if e greal chain of circumstances 1s lucking, the entire 18 of no effect. 1t must be oue end continuons, every link in its proper place, John Shecdy was. in common lauguage, & gembler, u peer 10 profession it this city, His suc- coss appalied them uud caused o jealousy to raukle iu their bosoms. He was struck st his own 4 is it not quite as provable t some one other than Wis own loving wile { the fatal blow! Was it not ) who testified that only s few wor to the Sheedy recelved a letter whi liis Life unloss ho stopped ‘try i the town ! Suspicion fell upon Monday McI"srland and his arrest followed.” Theu it wus that wn opportunity was offered the combination of detectives und officers to riake money. “You will remewber McFurland vas ar- CONTINUBD ON TIUKD FAGR W run orily after the crime THIRD PARTY EXPECTATIONS. Will Nominate a Oandidate for President, but Do Not Hope to Win. FARMERS' ALLIANCE PEOPLE NOT IN IT. Its Leaders Treat the New Movement with Silent Contempt—General Foster Acting for Secre- tary Blaine. Wasmsaros Bureav Tae Bee, 513 FOURTEENTH STREE Wasnisarox, D. C., Ma; Peffer of Kansas, who was prominent in the third party cou- vention at Cincinnati last week, is back in Washington and says & third party candidate for the presidency will be nomi- uated next year, aud that the convention will likely be held in Indianapolis a year from next mouth, He says: “Fraukly, I don't think we shall win, but we will make so great a showing that we snall convinee not only our own people, but people generally, that with another year's or- ganization we can easily become the domi- uant party. In striving for this end we are not seeking political vreferment. We are not after the offices as such. The office is only the means to an end. Our people ure not office seekers. We are contending for principles, not for individual advantage, except so far as that advantage may benefit us all.” Senator Peffer practically acknowledges that the aim and effect of a third party can- didate will be the assistance of the demo- cratic candidate. The movement at Cincin- nati of the third party was in no way con- nected with the legitimate farmers' alliance movement. The ofticial orguu of the National Farmers’ Alliance, which was circulated here today, does not contain the slightest reference tothe Cincinnati convention. Itappears to be part of a plan to entirely iguore the re- cent organization of a third party. The pa- per is issued at the national beadquarters of the alliance, and its editor Dr. McCune, is chairman of the executive committee of the alliance, It gives the keynote to the various small alliauce papers through the country. President Polk cluims that the organization gives him the power to expel the proprie- tors of any alliance paper if they eo outside of strict alliance principles. As'some of the western papers have grown enthusiastic over the third party move, the president may exercise bis prerogative by compelling them to follow the lead of the national organiza- tion in jgnoring the Cincinnati third party movement, or else haul their alliance colors and stick to their original texts. BLATNE'S ABLE ASSISTANT. General . Foster of Indiana, cx-minis- ter to Russia, Spain, etc., who negotiated the recent commercial treaty with Spain, had a long conference with President Harrison this morning, during which the Behriug sea seal nsheries and other importaut diplomatic matters now peading, were discussed. The report that General Foster wus acting for Secretary Blaiue in tho priucipal diplomatic problems unfinished during the absence of the latter has been counfirmed. While no officiul statement 1s made upon_the subject it 1s well understood that G :neral Foster, who } Senator bas the affairs of the department of state well in hand, will during the illuess or absence ' of _Secretary Blaine look after the completion of the most important questions requiring diplomatic skill. Governor Foster has for many you bee regarded as one of the most skillful dip- lowats in the country, and the Bebring sea or auy other problem wouid be safe in his cha He is both sagacious and di creet. Secretary Blaine is not expected to return here under some weeks, if not months. The reports as to his condition of health are very encouraging, however. He has been asked and advised to remain awsy till be fully recovers. HARRISON'S SPEECHES. President Hurrison's speeches, made during his recent southern and western tour, are being prepared for book form. They will be used as campaign literature as wel as models for blic speakers. Each speech will nave an introduction, giving the cir- cumstances of the visit and the details of the reception. The volume will bring out the happiness of the president’s expressions, and show his meutal breadth. They wi be specially serviceable in the long tier of states through which the presidential party passed. Mr. John S. Shriver, who as corre- spondent of the New York Mail and Ex- EN“ preceded the president just ove day on is entire trip, is compiling the work. SAYS TIE REPOKT 18 UNTTRUE, Ex-Congressman Owen of Logansport, Ind., stated today that the reports that he 'was here expevting to be appointed commis- sioner of the immigration were not true. He suid he came to Washington on private busi- ness ouly and addea: “I am notau ap- plicant for the office and it is a rrave ques. tion whetner I could affora to take it should the president offer it to me.” It is now re- orted that Colonel Weber, ex-congressman rom Buffalo, now superintendent of immi- gration at New York city, is likely to be ap- pointed. NEW JUDGES SELECTED, 1t is thought that at the cabinet meeting on Friday the five land court judges will be an- novnced. Tenders have been maade of the appointments to the men selected. It is said that there will be three republicans, all mem- vers of the last house of congress—Messrs, Payson of lilinois, Thompson of Ohio and Turner of Kausas—and two democrats. ‘Whom the latter are it is not known, but they are said o be men of wide reputation as land lawyers and men of excellent character as well as capucity. COMING TO OMAMA. General Benjamin Butterworth, the ex- congressiman from Cincinnati aud at present director general of the world's fair at Chi- cago, toduy became the presiaent ‘of the luterstato towusite compauy, with head- quarters at Omaha. The incorporators of the company are Francis C. Grable, W. B Millard, J. O. Phillippi, Charles k. Ford, F. D. ir and Benjamin Butterworth. 1r'he apital stock of the company is £2,000,000, 1ully paid up, and its operations will be in Nebraska, South Dakota and Wyomirg. MISCELLANEQU: Congressman Pickler of South Dakota, who has besn here for a few aays looking after some appointments, will leave for his bowe in a day or two. J. P. Sharp was today appoiuted post- muster at Forestburg. Suaboru county, S. 1., vice L. B, Rich, ned. Charles E. Pierce of St. Louis, A. R. Ap- pleton of Columbus, O., and George H. Harris of this city, the commission appointed to visit Niobrara ‘and South Dakota und_determine the boungary line between the Pine Ridee and Rosebud agencies und persuade as muny Lower Brules as possible to take land in severalty south of White river, leave for their posts of duty ou Friday next. Harry N. Price of this ity is their stenographer. Troov K, Niuth cavalry, Colonel Guy v, Cavtain B. Hugnes, First Lieutenaut W. Taylor, Second Lieutenant Alex Perry and seveuty men arrived this afternoon at Fort Myer, Va., across the Poto- mue ri from Washiugion, their new station o0p B, Sixth cavairy, leaves tomorrow for Washakie, Wyo. Seuator Pettigrew arrived this evening from South Dakota and will remain a couple of days. Peruy S. Hearn el Colorado and the World's Fair, Cuicaco, May 25.—This was Colorado’s duy &t the world's fair headquarters. Com- missioner R. E. Gooaell of Denver, with Governor Routt of Colorado couferied with the director general and the grouuds and buildiug committee to secure space for the silver state's exhibit. “We are modust,” smd Governor Koult, “and we will take any bit of land from an acreto What matters it T the s ated $100,000! Had it would have the best ex! idea what an enormous thusiasm there is for hibit a most creditable om o ——— TERRIBLE DEED OF A MOTHER. While Insane She Hangs Her Four Children and Herself. Hantay, la, May 25.—Mrs. Christen Pederson, a Danish woman, and ber four children, whose sgus ranged from three to ten, were found hanging in the cellar of their bouse near bere. It is thought they had been hanging there since Wednesday. Her hus bond was sent to the insane asylum about a week ago. The findingof these bodies snows that the wife should have gone too, as she must have been crazy. Mrs. Peterson lived on a farm just outside the city with her family, consisting of two boys and two girls, Since her husband w t to the asylum little attention was at- tracted to the family until yesterday a ueigh bor. who had noticed no appearance of lfe about the place for three or four duys, deter- mined to investigate. The unper roons were searched without any trace being found of ¢ people and finally the cellar d. There thu bodies of the n and her four children were se i, The neighbors at once summor assistance and several people accompauied him to the cellar. Mrs. Pederson and her ldren were hanging by ropes from one of ams of the house. A little girl aged about four stood with her toes just touching the ground; near her was her sister, a ten- vear-old child, hanging from the timber; a boy of nine, with one Knee touching a wash tub on which be bhad stood, was near by and his brother, a year older, bung so low tuat his feet almost fouched the earth. Near bim the mother, half kneeling, was seen. All were quite dead. The children and mother were all neatly aressoed, but none wore shoes, Their feet were covered enly with stockings. It was evideut that the work had been done most deliver ately. The smaller chilarea %: whole city, Iy appropri- 000 we still You have no t of public en- ‘Colorado’s ex- were strung upto a rope which was fastoned only by heavy spikes driven into the beam, but for hersell and the elder children the woman had bored holes through the timber, 50 that there might be no question as to the rope holding. Evidently she had stood the children on wash tubs and had then pulled the tubs from beneath their feet, and as they choked and gasped in azouy, she rigged up her own gailows and leaping from the wash tub which she used, choked to death. Her determination was witnessed in the fa the body was found in a knecling and ad she so desired she c bave saved herself by standing e All of the quintette were choked to death, ant the younger children's ap- pearance bekened a violel after the exccutioner bad bdrun ber work All in cations were that the bodies had been hauging for devs, and when the coroner was summoned and examined into the matter, he gave as his opinion that the deaths had oc- curred as far away us Thursday morning. Mrs, Pederson icft & letter telling of her tinancial affars, s peakivg of £150 in the banlk, held by her, and $13 1n silver in _the. house This money is to be used n burial. Other portions of the letter relate fo farm matters, she stating that the place is paid for and that nothing can be held agamst it. Mrs. Peder- son is not known to have had any trouble other than the confinement of her husband in the insane asylum., [ : The coroner was summoned, and after cut- ting down the bodiios, held an fquest. Young Zaiser Died. BrruiNGtox, Ia., May $5.—|Special Tele- gram to The Bu.]—.m was shot by a bus £ tempting to arrest S; day. Several grrests noue of importance. 3 It is thought the murderer was one of a gang of burglars Tollowing i the trail of a it struggle for life cheap circus that bad been show- ing here. A number, of other resi- dences had been entered, among them that of Mayor Duncan., A knife taken from Duncan’stable was found under Zaiser’s window, whereit had beep used o gain an entrance. A quantity of bananas had also been taken, ‘ind the burglars left a trail of skins from the mayor's residence to Zaiser's. A large reward is offered by the family for the apprebension of the murderer. Supreme Court Decisions. Des Moixts, I, May 25 —[Special Tele- gram to Tue B The supreme court handed down today the following opinions: W. W. Harris vs E. R. Harris, Corra Gordo, district, affirmed s Clay eounty vs Palo Alto county,” Kossuth district, afiirmed; J. R. vs John Gregg mppellant, Jackson affirmed: L. J. and M. E. Graves vs Merchants and Bankers insurance compauy uppellunts, Loatur distet, atimed; M. Ving vs Red Oak districtgownship appellant, Cedar district, affirmed. Mystery at Burlington. Buruixaroy, Ia., May 25. -[Special Tele- gram to Tue BEE.—Two strangers drove up to St. Fraucis hospital this morning 1n a back and left a man whom they called John Gable. He died twenty inivutes after their departure. ltis rumored that he was taken from a saloon where he had been drugged or injured. The police are working on the case. Under an Engine. Cepar Rarms, Ta, May 25.—[Spec’al Teleeram toTir Bre.|—At Marion last even- ing, James Pathrop, in attemptiug to board & moving_switch engive, fell uuder the wheels. Both feet were mashed 50 that am- putation will probably be necessary, and one arm was also crushed. Not Mclntyre. Siovx Cimy, la., May 2.—|Special Tele- gram to Tue Bee.|—The man arrested at Hartington is not Mclntyre, the escapea murderer. —— - TOOK ARSENIC BY MISTAKFE, Unfortunate Circumstances Attending the Death of” Congressman Houk. K~oxviLiy, Teon., May £5.—Judge Houk, representutive in congress from this state, yesterday afternoon took by mistake a strong solution of arsenic. Antidetes promptly ad- ministered brought the judge around all right, so it was thought, Jug #his woruing he aied suddenly. He had heurt disease and the poison and excitement following uffected that organ and was the cause of his death, THE WEAT K FORECAST. For Omaha and Vieinity—Fair: warmer, W asmisarox, May 25, —Forecast till 8 p, m. Thursday: For theDakotas—Fair; warme winds becoming south, For lowa aud Nebragka—Fair Tuesduy; warmer by Tuesday night; variable winds, r Missouri and Kunsas—Rain; sli o except stationary temperatu north Kansas; north winds. For Colorado—Showers; warmer by Tues- day mght; winds south, g .- 2 S S teamship Ar At New York—The Alaska, from Liver- pool: The Ethiopiu, from Glasgow from Bremen, 1s. At Amsterdam—The Eider, from New York for Bremen. At Miliville—The Ancuoria, from New York for Glasgow, At vhead sed the Nomadic from New York for Liverpool, e Blaine Able to Be Up. £w Your, May 25.—Seeretary Blaine was up and about the houge this morning. While itis believed ho willdeave the city abou t the latter purt of the week ro definite date has been fixed nor has it been determined wheth- (:‘ul the secretary will go to Washington or Maive. e E e Arrival of the Veendam. £W Youk, May 25.—The steamer Veen- dam from Rotterda: at sea dis- abled, arrived tus oy gl | | KEYA PAHA'S DOUBLE MURDER Rivers, the Becond Vietim of Covill, Dies of His Wounds, WHAT LED TO THE BLOODY TRAGEDY. Public Sympathy with the Murderer— Remonstrating Against Executive Clemency—Decision Against Patrick Eagan. Sruakt, Neb., Mag to Tue Bee. ited the scone of the Koya Paha county tra edy yesteraay. Special Telogram ne premises of Geo, Tur Bee correspondent vis- | w of applying their of tbe observat 0t Beatrice water worf ervic Memorial Urica, Neb., May | was observed iu this ¢ of the Republic and oth g march by the veteraus = | First Presbytercian chur | time filled 10 its utmi apacity, After some choice selections by hoir the peo- ple wero addressed by Ret Adams, pas- of the church. With “able weuther ratiou duy will te well Lestrved, an ex celient programme having beeu prepared for the oceasion _Rev. J. W. Seabrook of the Methodist Episcopal church proactied a very excellent sermon before the Grand Aruy of the Repub- he and Women's Relief Corps yesterday. | The church was ¢ Sunday et v the Grand Army At a short »d to the hich in & short pleased with the sermon v of the Re- Covill, the man who did the sh 1 which | publie, b in the Meth- wound up the earthly career of both Day- | Slist Ep irdiig ety fuy, Chaplaiu ton aud Rivers, for the latter died about noon OBk o s’ Pt o yesterday (Sunday). The sentiment of { immeaiate neighborhoud in which the traged occurred is largely in favor of Coviil. His neizhbors claim that he was justified in all he did; that he hiad been persccuted and ter- rorized by Dayton aud his hired men who had made their threats that t d run him out of the country, the object of which, it is alleged, was to get his land, as it Dayton’s. It is also told, and on seeming good authority, that three ks prior 0 the fatal culmination 1eud that Dayton and bis men, vers and Williscroft, had rounded up Covill by attacking him in tae field where tic was at work ana firing pistol shots around his feet made him dance. After this Covill claims he procured arms and ammunition and when his enemies came on his place lest Friday he was prepared for them. Ou the morning of the tragedy Charles Barto, a young man who bad previously worked for Dayton and who, it is alleged, had circulated the scandalous ey wou joine wi thi I of stories about Daytow’s aud Rivers' wives, had occasion to pass the Dayton farm. He claims that he was going to Covill's to get him to go 0 Sprin view to get out replevin papers to recover cattie belonging to them (Covill and Barto) which were restrained by Dayton. When Barto passed the latter's place that morning ing up his all he was seen by Dayton, who, hi team and accompanied by bhis men, armed, pursued him for the purpose (as was given in Sunday’s Bee) of bringing him back to confront the wives of Dayton and Rivers aund take back the vile stories which be had circulated avout them. When they arrived at Covill's the latter and Barto were sitting upon a log discussing tbe matter of getting out the re plevin papers. Barto ran and was pursued by Rivers and Williscroft. ~ Covill ran to the house for bis gun pursued by Dayton. Mr Covill was an eye witness to what then tran- spired. She says that Dayton emptied both varrels of bis shotgun at ier husband on the chase to the house; that her husband re- turned the fire when he had got possession of his shotgun ; that his first shot missed, but the second killed Dayton. When this was done he went to the rescue of Barto, who, in the hands of Rivers and Wellis- croft, was being brought forward toward the wagon they not being aware thet Dayton was killed. Covill called to them to release Barto and on their refusal put Ska natioval guards, was in attendance under command of Captain John L. McDon ough. The service was listencd to by & large congregation, Newsoy, N M 5. — [Special to Tue Bre)—The me mon was preached yesterday wor a large con- gregati by Re 1 in the Meth S. W chur ngelical 18t IEpiscopt son of the Ev T bout thirty members be George H. Tho postpresent and ut twenty Sons of Veteraus, for whom re served seats were provided atte were with I Speciu Gifford, of F arrived at O Dickson, ged cgram River cill this wanted on the property vy fraud, and papers were 1ssued on Friday, last. There was some error in the and the sheriff had sent th i for correction. Last Saturday Di s attoruey got out o writ of habeas corpus and the preliminary hearing was set for today. It was postponed until Thursday pending the return of the s, Q. C. Hazelet, the grautee to the deal, came bome from Jowa Saturday nieht. He also genomi- nates the affair a big game of vlufl. Dickson made a laud deal while at Hot Springs ently but denies that there was anything iminal or fraudulent in the deal, and says they will not be able to prove it as such. 10 Tue BEe, | —She county, South Dakot afternoon for R. R cliarge of obtaining for whom requisit [ 4 ) papers n ba re: utive Clen Age Fresosy, Brr.)—F Pulsife nst N nds e 3pecial to Tue of Carlos 7. relatives the man murdered by Shepherd and id Furst, the two men who are to be banged June 5, bave begun a counter move o check the effect of the effort beng made by frieuds of the condemned men to secure & commuta- tion of their sentence to life imprisonment by Governor Thayer. The petitions for execu. tive clemency circulated by Furst's brother: have been quite extensively signed, eleven of the jurcrs having aftixed their signatures. To offset these, seven remoustrauces bave been prepared and put in circulation 1n this city and iu the Scribuer and Crowell neigh- borhoods. About two thousaud signatures have beon secured to the: A Park for Ponca. Poxca, Neb., May Special to Tur B —Under the skillful managemeant and direction of W. E. Huston, Ponca is now the proud possessor of & park. Many of the busi- ness men have formed themselves into an as- ‘Joad of buck shot into Rivers's alp which ; &~ cation, rules and regulations have been resulted in his death yesterday as above stated. Public sentiments is so much against the Daytons that no neighborly sympathy or kinduess was shown the bereaved wives. Ouly two young men in the whole uneighbor- hood, Messrs. Brown and Riiey, rendered them the assistance so much needed. A couple of their old neighbors from Stuart, for Dayton used to live here, arrived there Sunday afternoon. Shortly after River's death they tore up the floor of the cabin and made & rude box, into which his remains were deposited, as 1o coftin had yet been provided, and the bodies of both men were brought here last buried today in the cemetery at this place. Pighting for a Soft Snap. LixcoLx, Neb., May pecial Telogram to Tux Bek. |—The board of public lands and buildings are undergoing u siege by ex-Rep- resentative Hahn of Adams county and Robert Elsmore of Hastings who want to superintendunt the coustruction of the new building at the Hasting hospital for insaue, The legislature appropriated $30,000 for two wings 10 the hospital. The plans for these buildings have not been made ye fat position of bossiug the job is in sight. Mr. Hahn is fortifying his claims by peti- tions signed by farmers about his county Elsmore superintended the coustruction of ibe Adams county court house and the Catholic school at Hastings. He presents recommendations by Fatber English snd Chairman Powers of the board of suner- visors. Chairman Powers is a brother of the late independent candidate for governor. Robbed on the Golden Gate. Avuiaxce, Neb., May 25.—Mrs. Louise Jones, wife of a prominent manufacturer of Boston, who with her husband were passen- gers on the Penusylvania company’s Golden Gate special which passed uere today, was robbed of §1,000 worth of diamonds on the train between Fargo, N. D., and St. Paul Wednesday. On that day a concert was be- ing given in the observation car. Mr. and Mrs. Jones occupled & section in the rear sleeper and the oth>r passengers were obliged to_pass througli their car to attend the concert. Mrs. Jones retired early. She took her four dinmond rings from_her finger and placed them in ber reticule, Next morn- ing they were missing. Attaches of the train were closely questioned but ne trace of the missing dismonds could be found Wanta Packing House, Poxca, Neb, May 25—[Special to Tur Bee. |—A number of Ponca's capitalists are about to form a stock company for the pur- pose of building and operating au extensive packing house at this place. People are greatly interested in the development of this project, as the prospective prosperity of this town depends not a little on the establish- ment of some institution of this kind. Ofticers Oscrora, Neb,, May dlected, —|Special to Tue Ber]—At the regular meoting of Osceola lodge, Anclent Free and Accepted Masons, the followiug officers were elected: Dr. 0. Whale © W. W. Wilson, 8. W, Prof M. R. Svodg Red: W. H Scott, treasurer, and Napoleon C. Foy, sccretary. They Will Celebrate, Oscrors, Neb., May 25.—|Spaaial o Tae B, |—The alliance of tha county, tozether with the Knights of Laoor, beld a called meeting Lo muke arrangements to celebrute the Fourth of July. Stromsburg offered £400 for the celebration, and captured the whole outfit, « GENEVA, affair will be heid there, 5 Special Te gram to T Ber.|—The coutract for build- ing the Oddfellows and Knights of Pythias buildiug Liere, which has been in contempla tion sometiwe in connection National bank, was let today to Scott & Heuiugton of Harva The "bid for the whole building was §17,000. This secures to | the Oddfellows and Kuights of Pythias e of the tiuest loage rooms in the state. On & Tour of Observation. Beariice, Neb,, May 25.—|Special Tele- gram to Tue Bre)—Mayor Fogg, seven members of the council, the water cowmis- sioner and city engiueer departed this morn- ing on & Junketing trip to Fremont, Lincoln with the First | adopted, aud everything pertaining to its’| support has been perfected. Contiguous to the town on the east several acres of land were secured and suitably Iaid out into reservations for the amusements of baseball, lawn tennis, croquet, football, ete, and also providing ample grounds for hammocks, wings, band stand, refreshment stands, otc. Tomorrow there will bea celabration of the opeuing of the grounds. Buarglarized a Residence. Fuesot, Nev,, May 25.—[Special to Tne The residence of M. Y.Colman was en- night und will be | tered by burglare &t about 8 o'clock this morning. Mr. Colman was awakened by the intruders and frightened thom away. One was at the foot of his bed when he awolke. iis one Lad already procured a few dollars in money, with which he escaped. Mr. Col- man seized o revolver and fired a shot al the retreating burglar but missed him. District C urt Session. Lour Crry, Neb., May 2 Special Tele- gram to Tue B District court convened here today, with Judge Hamer presiding. Tbe docket consists of about one hundred and forty civil cases and five criminal. The most important criminal case will be the one ip which Joseph Kwiatkewski is charged with attempted train wrecking on the B. & M. about a year ago. Mr. Eagan Must Pay. Lixcoy, Neb, May Special Tele- gram to Tue Bk, |—When Bishop Bonacum denied Patrick Eagan the privilege of sacra- ment in St. Theresa cathedral the minister to Chili refused to puy 8500 subscription that he had made to the building fund. The bishop began an action in court and Judge Tebbetts bas decided that Mr. Eagan must pay tbe subscription. State Draggists. Brarrice, Neb,, May 25.—[Spacial Tele- gram to Tur Bee.]—The ten*l annual meet- ing of the Nebraska State Fharmaceuticai association cunvenes in this city tomorrow, There are already a considerable numbor of druggists prosent and the meeting promises to be one of considerable Kansas Farmers Who Would Allow a Mort zage Foreciose Toreia, Kan,, May 2.—Special Tel to Tie Bee.]-News was received today of a remarkable attempt ers of Jewell county to take the closure into their own hands, On Sunday night Jonas Kindelesperger, a tenant representing & law firm in Jewell City, was driven from & farm in Washiugton township which had been sold under a mortgage foreciosure, and compellod to fleo the country. The original owner of the farm was Joseph Bennett, who had borrowed money from the Jewell City firm to muke tirst payment und put in_his crop. When the note fell due Bennett did_not Rave tne money aud his place was sold by the sheriff. He refused to possession and was cjected from the place by a deputy sberi and o tensui representiig the purchusers session. Bennett is a mewber of rs! alliance. night thirty or forty masked men, Benuett at the head, drove up to the ted the new tenant w leave, used to do 80, whereupon revolvers drawn and bhe was told that he could pither leave at once or his aead body wonld be carted off Benvett was then reinstatod and still holds the place. A dispateh from Jewell City states that Kindlesperger has the names of the leaders of the mob and will begin a civi suit for damages and huve rul vroe ings instituted. The office the ure all favmers’ & e wen, Not Tam here of toe farm: law of fore t i I attorney i the money it nett by row of dewell ( of Miss lda L who' had carned it teaching schoul. The towuspeople aroused at the Injustice done the young womun and will assist KKindlesperger iu his prosecutions, S Twenty-five People K Brexos Avies, Mey 25 sous were killed in the Cordoba revolt. e The Fire Rlecord. Moxrusas, May &. re in & warebouse ed, sud Crete 1o luspect he waler works sys- | here caused losses sggregating §100,000, wded and every one was | | | ding the | are | Twenty-five per- | | DEATH CA ———y MBER 337 NEBRASKA'S FIRSTGOVERNOR, Sudden Demise of David Butler at His Home Near Pawaee, WHILE ENGAGED AT WORK. Caused by Heart Failure—Arranges ts for the Funeral -Sketch of the Life of the State's First Execut Pawxee City, Neb, May Special egram to Tie Bek. | —Ex-Governor David Butler dropped dead at his home, three and one-half miles west of this city, at 8:38 o'clock this morning. He arose in his usual #00d health and ate a he 1 started out accompanied by his bired man to repair a fenec to the house. Neoding some tool that was at the barn be dispatched the hired man for it, romarking at the sume time that be felt tired, but would get a scythe ana mow some weeds that wera the fenc Butler, who was and Mrs. ass beside working among her flowers, close by, heard lim make a few strokes with the scythe wheu all became quiot. She > 10 her 1ee id saw him Before assi: stretohed out ol reached tim onless, he breathed 1o his lnst. He was carried tothe house and Dr. Wrizht summoned, who pronounced his death due to heart failure. It seems, from the marks of the scythe, on the grass uud the position of the body that he wust have turned and stiggered & few steps before he fell, death beiug appar- cntly paiuiess, us hus features were in no wuy distorted. The body was embalmed this afternoon. The fuueral services Wednesday afternoon av iate residence. A kind busband and indulge: true friend, his memory wi green. will 1 take place o'clock from his father and @ | long be kepy His Li David Butler was boru near Blo Monroe couuty, Ind., December 15, 182 He remained on the homestead until he was twenty years of age. There were few schools in the neighborhood in those days, and from these young Butlor derived but lit- tle advautage. His education wus acquired by private study mainly after he Lad ate tained his majority When he was twenty-one yoars of uge he engaged in the cattle businoss for his father and was absent in Wisconsin when the latter died. He ubandoned the cattle trade and on- guged in mercautile pursuits, m which he was quite successful until the panic of 183 when, in one bauk alone, he lost §!7,000. In that year he was nominated on the re publican ticket for the state scnate, but owa ing to the financial reverses which' he had sustalued, was obliged to decline the cane vass. In 1568 he immigrated to Nebraska, set tling in Pawnee City. There he resumed h mercantile and stock-raising carcer. His veatures proved successful, and in the course of eight years he had acquired avout §35,000 from an original investment of §4,000, 1n the spriog of 1560 he was married near g%:-‘om\nan, ind., to Miss Lydis Story of lo. In 1501 he was elected a representative in the territorial legisiature for a tverar of two years. In 1866, at Plattsmouth, he was nominated as the republican canaidate for tho first gove ernor of the state. He was eclected by a ma~ jority of 146 votes, the largest received by any candidate on the ticket. The sulury of the ofice was but $1,000 & vear and ihe governor accordingly felt ime pelled 1o devote a considerable amonnt of his time to his pivate business. He soon dise covered that he could not well atiend to both, ngton, He determiued, therefore, to devote himself entirely to the duties of his office. The cap- ital ut the time was located in Omaha. e moved to this city, therofore, and established tus office in the old capital which was located on the hill which has sivce been designated by that name, During this term the remoyal of the capital from Omaba to Lincolu was the absorbing topic of interest throughout the state. A bill providing for the change passed both houses of the legislature aud was sigued by the governor. Governor Butler wae elected governor in 1868 und served his term, which ended 1 1869. During this term be recommended 0 the legislature the establishment of an o ganization for the purpose of inducing immie gration to the state. He was elected governor a third tume im 1870 aud at the spocial session of the legisla- ture of that year amain urged the appointe mout of a board of immi, tion, which recommendation was favorably acted upou by the lecislature, the board eone sisting of Messrs, C. C. Smith of Falls Oity, Willism Bischoff of Nebraska City ana Frs& Krug of Otaana, C. N. Karsten of Nelraska City being appointed resident commissionep iu New York, In the same year he advocated a system of internal 1mprovement which was also favors ubly considergd by tha legislatur ‘The govs ernor did not/serve the whole of his third term, Secretary of State Willium H. Jumes, in June, 1571, Raving been appoiuted to suo ceed him, While acting as goveruor he commissioner of the bourd of public lands and buildings. The other members of the comaission were the auditor aud sccretary te. During his incumbency the capitol atea and erected, as were also the 1insane asylum, was also @ Since his rotivement from public life Goy- ernor Butlor uas confined himself mainly to private pursnits, He has identified hime self with what he has styled the labor party und has frequently boen heard on the stump in its support. He always boen n ent visitor to the cepe itol sessions of the legislature and could readily puss hours with old nssos litig the eventful pariods of the whose knowledse of its was excelled by fow of his porarics - CDISTRUCTIVE sToRrM, Ruilroad RBridges & Other Damage Arcmisox, Kan., May grum to Tue Bex, country 1 the W especially in Norta counties, was delu; y & turday night, Several impo bridges and wumerous s rried out. One bridge out reveral bundred f ‘Thore was much A ays. There is not a single britge the three counties. Wheat was alse it Away and tone. Spocial Teles 'he Missouri Pacifio part of the state, Wl Philips 1 storm railrond s were At 1 o left in dumaged. Death of a Kansas Politician. misoN, Kan., May Spocial Teles I—-Lamis M. Briges of this psy at Battle Creck, Mich. At gram city died of Suturday, aged fifty. Mr. Brizgs wos & famous pr in Kausas, i during the s of ex Senater lugalls’ ofcial atosman's confidetinl ndvises wusted ieutonaut. Briges was also ly interested in the Chorokee stel when the cattlemen Lad powsessicu of th couniry. PCE—— Gots Another Trialy Wicuira, Kuu, May 2.-J. C. Adsms, sentenced 1o bang next month for the mure doer of Captain Willlam Couch of Oklshoma fame, received a tolegram from his ttorney in Wasbington, saying the supreme court had ullowed the bill of excoptions filed l aud Wbat 8 uew Lrial would be grauted.