The morning call., 1893-10-07
lNDALEY'S BEHALF
Affidavits on Motion for a
New Trial.
Attorney Dickinson Introduces Evi-
dence TO Show the Eumity
of John Lawtoa.

Attorney John Il. Dickinson concluded
behalf Of Daniel Daley before Superior
Judge Seswen yesterday afternoon.
When the case was called up Attorney
Dickinson announced that several afl-
dsvits had recently been fled in the case,
evidence that did noi crop up until after
the trial. through no iann or carelessness
on the part of the defense, bat which
would be found 10 throw new light on
the circumstances surrounding the trag-
edy. Be proceeded TO read the a1tidsvits
one after the other.
The first affidavit was sworn and snb-
scribed TO by the defendant, Daniel Daley.
In it he said that since The trial George
Sterling had told him that he had met
John J. Carroll two OF three days before
the shooting. and Carroll had said to him
(Sterling); Look here, we are going to
form q party TO 20 and break into Mike
Lawton's hoase and beat the head Of tbs t
-- Daley. There's SO in it for you
If yon come" Sterling seemed afraid TO
take part in the scheme, and said so.
The affidavit Of Miss Katie r. Myers. a
friend Of The Lawton families, said that
on ons occasion John J. Iawtoa said to
her that he wanted to kin that - -
Daley" for interfering with him in his
business. It appeared that John j. Law
ton had made use Of Daley as his adviser
with regard 60 some land property, and he
complained that Daley had fooled him.
henry HaTt's affidavit set forth that on
one OCCASION Hart had heard john J. Law
ton threaten Daley's life. Iawton said he
would kill Daley If ii took him all his life.
Fart understood that the reason for Law
Sar~s x1 1nr-
property, regarding which Bawton claimed
Daley had given him bad advice.
a. FUesham, bartender in Pete Dorsey's
saloon, deposed that one day j. J. lawton
entered the saloon and called for q drink
They had some conversation, and then
Bawton told Gresham that ne was looking
for some men who were going TO beat Da-
ley's head of.
The AFFIDAVIT Of John Benny stated that
on Nav 6. the day before the tragedy.
John j. Jawton met Benny and said be
wanted to make nd party TO go the next
day to Michael Bawton's house and thrash
Daley for interfering between Michael
Lswton and his wife. Benny warned
Lawton that Daley had a pistol and might
use it, bat BawJon replied, 'sOh, We ars
going fully prepared for all that"
Finally Dspaty Coroner Le0a E. Jones
fled an affidavit in which he stated that
one day alter Dalsy's trial no was convers-
ING with Coroner Hughes when suddenly
be remembered something that had or
cnrred at the inquest On that occasion
Jones was standing al the WINDOW of the
tleroDer's Office talking TO the witness
klenk, who was OF the sssanlting party
when Jones said: ~Klsnk, it was foolish
Of you TO burst into Dalsy's room in that
violent way. We're you going to kill him ?''
NO" replied KlenE, I'VE wouldn't have
killed him. but we'd have given him -
good beating"
Assistant District Attorney Hinkle OBJ
jected to all these affldavits as irrelevant,
incompetent and hearsay and not admissi-
bic as evidence. Judge SEA- we'll, however,
allowed them TO stand until he had taken
the mOtlnn for a new trial nDder advise
ment Finally the motion was submitted
to the court for consideration.