Omaha daily bee., 1891-05-12
FINALLY SECURED A JURY
Examination of the Shesdy Witnesses to
Commence To-day.
ONE JURYNAN CHARGED WITH PERJURY.
\. II. Norton Wanted to Re on the Case
for the Money There Was in 1t
Sensation in Court-PcCuliar
Action of Attorneys.

LINCOLN, Ncb.. May ll.-rSpecial to Tue
BEEI-A jury has finally been chosen to
pass upon the evidence concerning the guilt
or innocence of Mrs. Shcedy and Monday
Mcfarland, who are on trial, charged with
the murder Of John Sheedv.
The twelve iurymen are: James Van
Camper, George Albrecht j. c. Jensen,
Jacob Cray, Ulbert Ward, Henry l.. Willis,
Ed Young, John Robertson, {. :. Cad.
wallader, Luther Batten, James Johnson and
Thomas Riley. The twelve are not very
intelligent looking lot of men. but in the
main they have the appearance of individ'
uals who are willing to act according to rea.
son and justice.
The greatest sensation thus far IN connec-
tion with the trial was the arrest Of A. b.
Norton, one Of the jurors selected on the
charge of perjury, IN declaring that he had
not expressed any opinion in regard to the
innocence or guilt Of the prisoners Norton
is now in the county jail awaiting trial.
The first intimation that something was uu
was when the prosecution shortly before noon
passed its last peremptory challenge for the
me being aud SsrDl,, Mrs. Sla,iy's attor-
ney, rushed over to Mr.. Lambertson, who
represents Dennis Shecdy, and the two left
the court room for brief conference.
On returning LambertSon was about TO ad.
dress the court when STROBE arose and asked
that Lambertsou's motion be reduced to
writing and that the jury be excluded during
its discussion.
The first motion was denied but the one
concerning the exclusion of the jury was
granted. The eleven jurors were then
placed in the custody of the bailif and sent
out of court
a In I I'M.
bertson said "If 1t please your honor, / am
about to bring to your attention a matter OF
which you may have received some intima-
tion, but the details of which 1t is my un-
pleasant duty to bring more fully to your
knowledge We have reason TO believe and
hope to present to the salts faction of tho
court, that our re isons are sufficient for ap-
pretending that there is now on the
jury man who has denied upon
he had read full report Of the
evidence as given at the preliminary exam
ination of the prisoners at the bar, and who
also disavowed having formed or expressed
any opinion relative TO their guilt or inno-
cence. His positive answers to questions
asked gave US no opportunity to challenge
him for cause, and he was passed and ac-
cepted by the court. This man is A. b. Nor
ton. l now wish to read SIX aGdavits show
ing that he has, on several occasions, both
formed and expressed an opinion hostile to
one of the defendants. After Norton
had taken seat in the jury box
we received six affidavits from rep
utable citizens detailing declarations
made by Norton, after reading full accounts
of the evidence given at the preliminary
hearing as printed in The OMAHA BEE, and
which Norton read in their entirety at
O O'Brien's store in Davey. The first affida-
Wit is the sworn statement of W. a. Carbell.
who swears that Norton was in the habit OF
coming over to his Office in Davey ana read
ing accounts of the preliminary examination
as published in THE BEE. The next affidavit
is that of Pat Geary, who makes oath to the
same state of facts, and further says that
Norton had exclaimed after reading one of the
accounts in The OMAHA BEE:
'Oh, HI, the woman will get clear and
the niger will hang
James O Brien, proprietor of a store at
Davey, also swears, as shown by his affidavit
which / hold in hand that Norton had re-
marked: The id niger ought TO be hung
and had further announced his intention Of
getting upon the jury. if possible, as he
believed there was $500 in the case, and there
would be an opportunity TO make some money.
He said the Sheedys were rich and would
give up big money tor favorable veruict
"R. b. Crawford, another resident a..
| Savey, had overheard Norton express similar
sentiments, and was impressed with con-
| viction that Norton would If given an oppor-
tunity, not hesitate to make his verdict
subject of financial negotiations Intimation
| of NortOn's intention first reached the coun-
| sci for tine state last Saturday evening, and
| though we were compelled TO violate the Sab
bath to ascertain the facts, we old
| not hesitate, ana worked all day yes
terday unearthing the infamy. II NAV
appear singular that counsel for the prosecu-
tion should intercede TO bring about the re-
| moval of this evidently corrupt juror because
! the case from our standIont is not preju-
| diced against us. The danger applys to Mon
| day Mcfarland, whom we shall endeavor to
| convict, nut counsel for the state does not de-
| sire an unfair advantage, especially when TO
| attain such advantage Involves the cOrrup-
| tiOn of the jury We fully in
| formed counsel for defense OF the
| discovery we had made and submitted the
| affidavits Just read to their inspection. They
! refused to consent to the removal of Norton
| unless we would agree to grant them an ad-
| dltioual challenge Thus refused, and as a
| last resort we were compelled 10 bring the
| matter to the attention of the court and 10
| make it a matter of record
This speech created a profound sem
| satiOn. The defense finally gave
| in but insisted on another peremptory chal-
| lenge in case Norton was elected from the
| jury box. The court finally granted this
| privilege. HIS honor then ordered the
| county attorney TO examine the afidavits and
| in case they We're all right 10 file an informa-
| tion against Norton charging him with
| perjury. The affidavits were examined,
| found all right and Norton was placed under
| arrest
The examination Of witnesses commences
| tomorrow.
| c.,