The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1898-01-26
new TRIAL: REFUSED
Judge Dale Decides Against
Paddy Shea.
SUPREME COURT NEXT
Case Will be Carried up Un-
less Judgement is Arrested

Judge Dale decided yesterday afternoon
that Paddy Shea is not entitled to a new
trial The argument was finished and the
decision made that the new evidence OIL
fered did not call for the right of another
trial
Tomorrow Shea's attorneys will file
motion TO arrest judgment and two or
three days will be consumed in the argu-
ment Of that motion.
If this motion is not sustained an APP
peal will be taken to the supreme court
Attorney George Adams thinks that the
case can be put through the supreme
court within three months if Judge Dale
should decide adversely upon the mo-
ton to arrest.
The argument for a rehearing was ex-
haustive and elaborate on both sides.
Shea's attorneys held that the afidaVits
of the Arizona postmaster regarding the
robbery Of the CatskiI office and the
description of the goods taken CORE
spends to the time Of Dawson's contem-
plated trip to Arizona as outlined in the
letters of Miss Whaley, known as Mrs.
Paddy Shea, to Miss Anna Hanson Of this
city and to some of the property OF DaW-
sons.
The letters of Miss Whaley were writ
ten from various places in Colorado and
noted in a good many places that she
and Ed. were intending to go TO Trinidad
among other places. The postmaster at
Catskill states in his affidavit that II
was supposed at the time OF the robbery
from the traces that could be found that
the parties who did the work went to
Trinidad 1t was hllso thought that some
of the property described in the affidavit
of the postmaster correspondent in de-
scription to some that was found on the
person of Dawson after he was arrested
or that was known to be on him or in his
possession.
1t was in the affidavit of Black Jack
that he had known Dawson and that he
had been informed by Dawson on more
than one occasion that he had served a
term in the California penitentiary for
forgery and two terms in the Colorado
penitentiary for burglary. This was in
tended to show, and did show, the at
torneys for the defense said, the general
disreputable character of Dawson. When
the matter came up in the court, however
a warrant was issued for Black Jack but
he could not be found, so it would ap-
pear that his evidence had little weight,
especiaIly since Black Jacks reputation
and standing was hardly an Improvement
upon that of Dawson's. The letters of
Miss Whaley to Miss Hanson Of thisI city
were introduced to show that Shea had
no designs on Dawson to secure his
money, at least not so far as Miss VIVA
lev was concerned. Other affidavits were
introduced to show Dawson's vicious
character and his intent toward Shea Mr..
Adams argued that the affidavits filed in
support of the motion for new trial
were proof enough of the character OF
Dawson and his business and so far i'm
peached his evidence that a new trial was
due the defendant. He said also that the
offense Of which the jury found Shea
guilty was not explicitly stated and thai
the proceedings had been irregular
County Attorney Amidon said that the
t~ial had been fair and the proceedings
legal and that a new trial would NEAR
hundreds of dollars more expense without
any probability of a different verdict. The
testimony offered in support of a new tria
he said was known to be of more cues
tionable nature than that Of Dawson
himself. He argued that an impartial jury
of twelve men had passed upon the mer
fits of the evidence and had found Shea
guilty, that the shots Dawson had IN nj
back were sufficient for prosecution an'
could not be explained away.
Judge Dale is exercising great care II
all his decisions in the matter and II i
hardly probable that Shea will get an
punishment undeserved from the eVi
dence. Mr.. Shea has many callers. Yes
terday morning some man attempted t
climb up to his window, but he prooaoE
had no intention of doing anything bu
get a glimpse of the prisoner.