The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1899-07-09
IS REVERSED AGAIN
Shea Case Is Sent Back for a
Third Trial.
SUPREME COURT DECISION
County Attorney May Decide
to Dismiss the Case.
SUPREME COURT DECISION

Three trials, Ave reversals by the su-
preme court and another trial to come. is
the history Of the prosecution Of Paddy
Shea, charged with the killing Of Ed
Dawson. on the 18th day Of November.
1897, nearly two years ago.
Yesterday the supreme court reversed
the case again ana It will probably be
heard again in the district court at the
September term unless County Attorney
Amidon should decide that he had done
his duty in convicting Shea twice before
jury of twelve citizens Of Sedgwick
county and would conclude to dismiss the
case, thereby stopping the expense that
another trial would incur.
Shea received the news from one Of his
counsel yesterday while sitting in the Of
fee of Adams & Adams, MS attorneys. A
telegram was received from Topeka about
o'clock. It was opened by Attorney John
Adams, who Immediately turned TO his
client. who was sitting In the ONCE at
the time. and said: "WeH. Paddy, arc
you prepared to receive the verdict OF
the court?" Shea said: Eyes; what Is it.
Read it to me-" Attorney Adams handed
the telegram to Shea and told him to read
1t. Shea glanced over the following
words:
Case Of State Of Kansas vs.. Patrick
OShea was this day reversed by the su-
preme court
(Signed) JOHN MARTIN,
CLERK Of Supreme Court"
An exclamation OF Joy escaped the lips
of the man VINO had been living under the
strain Of a 3O-year sentence staring him
in the face for nearly six months. He
arose quickly from his chair and adj
vanced toward his counsel and grasptng
him by the hand, said: IL knew 1t could
not be possible that I was to spend the
best part of my life in prison for de-
Tending 1t against the assault Of a man
like Dawson. I thank you and SOur
brother and Mr.. Vermillion for your eff
forts in my behalf and hope we will sue
coed in the end in proving to another
jury that l only did what any man would
have done II he had been placed in a SIM
liar position. I simply defended my life
in my own home or place OF business"
At this moment George Adams, the jun
Tor member Of the law firm. entered the
office and Shea approached him, saying:
1--WE have good news, Mr.. Admas, thanks
to You and the rest of my attorneys.
feel almost like a free man again." Shea
and Mr. Adams went out 7 ron the streets.
where the news had preceded them. and
Shea was grasped by the hand by many
of his old-time friends. who congratulated
him upon receiving a reversal al mis- case
by the supreme court.
The news was telephoned to the Jail
and court house and to various places
throughout the city, where it was anx-
iously sought for.
A number Of lawyers and offlcials who
were in the court house wtlen the infor-
nation was received, opened up a general
discussion Of the merits of the case In the
former trials, and sides were taken 1t
was the general opinion of the majority
that County Attorney Amidon would not
try the case again AS he had already Sc
cured two convictions OF Shea and it was
not considered that it was through any
lack of legal ability on the part OF him.
self or his assistant that the case was
reversed, the decision of the supreme court
being given upon the rulings OF Judge
Dale in admitting in evidence the dying
declaration of Dawson.
The case has been probably the hardest
fought Of any criminal case in the history
Of Sedgwick county and has caused a
f1fa hn nfs
and taxpayers.
The Shea case was originally tried upon
the charge OF assault with intent to kill
James, alias Ed Dawson, on the evening
of the 14th day of November. 1897. The
case came to trial and after a week OF
legal controversy and the elimination OF
a large number OF witnesses, a verdict OF
guilty was brought in and sentence OF
eight years was passed upon Shea
An appeal was taken TO the supreme
court, where 1t was held that an irregu-
larity In the form Of verdict rendered was
found sufficient for a reversal. and new
trial was granted. A motion for Ian was
then made by Shea's attorneys and re-
fused by Judge Dale. This was appealed
and a reversal was made. tie supreme
court granting Shea's release under bond.
Before the second trial. Dawson, the vic
tim. died and the former charges were
dismissed. Shea was re-arres.ed, charged
with murder IN the first degree. and bail
but afterwards allowed by thu
higher court. When the case was finally
tried. Shea was found guilty and sem
fenced by Judge Dale to thirty years n
the penitent!ary. The appeal in the last
case was reversed yesterday and Shea
will remain out on bail. pending the tTial
at the next term OF court.
Shea will leave this morning for a weeks
fishing trip with a party OF friends who
invited him to accompany them for q rest
and recreation.