Omaha daily bee., 1891-05-29

showed that In tho vast majority OF cases
where applied circumstantial evidence is the
strongest because ubiased and silently un-
prejudiced. What Is circumstautial owl
dencei II you awaken in the morning aud
hear water rippling down the street. and see
dampnoss upon the leaves, you know IL has
rained, though YOU may not have heard tho
patter OF the drops nor seen the
rain Again, upon going out IN tho
winter you see ice formed and the ground
frozen. You did not feel tho chilly
atmosphere during your sleeping hours, buT
you know II has been cold, though you have
not seen the cold. In passing down tho street
at noon | saw "a large pile OF brick mmpcr
mortar and iron; did not see tho building
but know one will rear its handsome front
in that Locality soon; dld not SEQ the build
ing, but know IL will be erected II YOU
see man cautiously stealing from n lndy's
room at night under suspicious conditions
you DO not know absolutely that anything
criminal has trauspired, but tho very natural
inference IS that criminal intimacy has ex-
listed.
MIR. Lambcrtson talked until 8 o'clock
Then followed the instruction Of tho judge to
the Jury, which required over an hour To
read. The Judge first said there wero four
counts of the original six TO consider the first
two having been withdrawn. The third
count, and tie first for the jury to consider,
charged Monday Mcfarland with infictinV u
mortal wound with cane and that Mrs.
Shecdy procured, aided aud abettcd Mcl'ar-
land in the act.
The next count charges Mrs Shcedy with
administering poison to her husband with
murderous intent, and was aided and ubetteu
by Monday Mcfarland.
The next count charges Mcfarland and
Mrs. Shcedy with jointly assaulting Sheody
with cane and with administering poison.
and that death resulted from buth causes.
The last count charges Mrs. Shcedy
and Monday Mcfarland with the murder of
John Shecdy by assaultiug him with cane.
The judge then proceeded to Instruct the
jury as to what constituted murder in the
first and second degrees and manslaughter
The substance of the instructions is us fol-
lows.
ITO constitute murder in the first degree
the evidence must establish beyond a reason
able doubt that the killing was dono pur-
pOSely and of deliberate and prrmeditatcd
malice. If person has actually formed a
purpose maliciously to kill and has dGlib-
Grated ard premeditated upon il before he
performs the act and then performs it, he is
guilty Of murder in the first degree, however
short the time may have been between the
purpose and its execution.
70 constitute murder in the second de-
gree, requires that you shall find from the
evidence beyond q reasonable doubt that the
killing was done purposely and maliCiously,
bat without dcliberation and premedltation.
You are instructed that it is incumbent
upon the state TO establish Oy the evidence
every material allegation contained in any
ono of the counts set forth in the informa-
tion beyond reasonable doubt, and If the
prosecution has failed so to do, then the Jury
must acquit the defendants upon such count,
either uue or both of them as the rule of law
applies to either or both"
The judge then proceeded to instruct the
jury that If by word or sign Mrs Shceuy
aided or abetted the crime that she was an
accessory. That it was not necessary to
prove what lliud of poison was used. That
the defendants were supposed to be innocent
until proven otherwise.
The remainder of the somewhat voumin-
Gus instructions were in the main a reltera-
ton of tho last proposition. The case was
then given 10 the jury.