The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1898-09-22
PADDY SHEA'S TRIAL
Preliminary Hearing Before
Judge Glenn.
ADJOURNED AT NOON
Until 8 O'clock This Morning,
For Further Hearing.

The case OF the State Of Kansas vs.. Pat
rick o'shea. charged with the murder Of
James Dawson, alias Edwards, alias Nc
NaHy, came up for hearing before Justice
Glenn yesterday morning. the state appear
ing by Amldon & Comfy and the defendant,
O'Shea, appearing by Adams & Adams.
The defendants attorneys interposed the
tolliwing objections 10 the jurisdiction Of
| the justice court 10 Try the - <:
1.-The defendant, Patrick O'Shea, objects
to any preliminary examination 10 be held
In this case, and objects to the jurisdiction
Of this court 10 hear and determine this
| case on preliminary examination. Tor the
| following reasons:
| "First-That the defendant was tried in
| the district court OF Sedgwick county, Kan
sas, on the charge Of assault with intent
TO kill, which involves the same identical
| facts sought to be investigated in this
case, and that the said defendant has once
| been put in jeopardy upon the facts in this
| case and was acquitted after trial by q
| jury Of assault with intent to commit
murder. And that he cannot now be tried
/ on the same facts on which he was once
tried and acquitted. and upon which the
state elected TO prosecute this defendant.
'Secoud-For the further reason that the
said defendant Is now held to answer a
charge In the district court involving the
same facts which are involved in this case.
and which case Is still pending and unde-
| termiued In which case he has, given Q
recognizanoe IN the sum OF 5000 for his
appearance at the present term of court. -
AiE. Amidon objected 10 the argument
set forth by Mr.. Georges Adams.
The state then placed on the witness
stand Dr.. Cave, who testified that he found
the body of man IN the Wichita hospital
who was said to be Dawson. He didn't
know whether that was his name or not
Had heard him spoken OF as Edwards Nc
Nally and other names. He said he found
a wound in the arm, but IL was not serious;
one in the left breast that made an abra-
sion Of the skin, and another about two
inches to the right of the spinal column
on an angle of about Is degrees. He fur
Their testified that he could not swear that
there were any ribs broken. The doctor
said that the bullet in the back punctured
the spinal cord, which caused paralysis OF
The limbs and eventually his death
The next witness called was ]. E. Eding-
ton, the hack driver who drove Dawson
on the night of his injury, to Shea's place.
He said that Dawson got in the hack near
the Manhattan hotel and requested him to
drive him TO Paddy Sheas place, after 8
O'clock at night. Dawson got out of the
hack and went to the rear of Shea's build
ing and was gone about five minutes. He
afterward came around and went in the
front, and as soon as he got in and the
door was closed two shots were fired in
succession. He thought about a second
apart Could not see Shea or Dawson after
he got in.
Then Mr. DEAN was called TO read his
notes of Dawson's evidence given in the
former trial.
Major Powell was next called to the wit
ness stand, and testified that Shea said
he shot Dawson He said he did not say
that Shea shot Dawson in the back. Said
that Shea said he acted in self-defense;
that he thought Dawson was going TO kill
him. Said that Shea testified that several
parties had tod him Dawson was going to
kill him.
Whereupon the state rested and the case
was adjourned until o'clock this morning
for further hearing.