The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1899-02-22
WANT NEW TRIAL
Attorneys in Paddy Shea Case
File a Motion.
TO BE ARGUED SATURDAY
One Reason Alleged Is Mis-
conduct of Jury.

The attorneys for Paddy Shea fled
day afternoon asking for a new trial The
motion VIII be argued Saturday by the
attorneys The following is a copy of the
petition:
(No. 2O.2O4)
In the District Court Of Sedgwick County.
Kansas-The State of Kansas. Plaintiff.
Va. Patrick OShea, Defendant.
Motion for New Trial.
Comes now the defendant. Patrick
o Shea, and moves the court 10 set aside
and hold for naught the verdict of the
jury heretofore rendered in the above en-
titled cause and that ne be granted new
trial in said cause, for the following reas-
ons. to-wit:
First-Bscause Of newly discovered evil
dence material tos the defendant which
was not discovered and could not have
been discovered by the use of ordinary
diligence to the trial of said cause.
Second-That the verdict Of the jury is
contrary to law.
Third-That the verdict of the Jury is
contrary TO the evidence.
Fourth-That the verdict of the jury is
not sustained by sufficient evidence.
Fifth-That the verdict of the jury fails
to specify the offense and the degree of
the offense sought to be charged in the
information, of which they find the defen-
dant guilty.
Sixth-That the verdict Of the jury was
reached by means other than a fair ex-
preston of opinion on the part of all the
jurors.
Seventh-That the court erred in falling
to state to the jury matters of law which
were necessary for their information in
giving their verdict
Eighth-That the court erred in giving
to the jury each and every instruction as
shown by the record in this case 10 have
been given 10 the jury.
Ninth-That the court erred in refusing
to give to the jury each and every in
struction. separately and respectively, re-
quested by the defendant.
Notwithstanding of the county attor-
ney in propounding improper questions to
various witnesses adduced by the defen-
dant. over the objection and exception of
the defendant.
Eleventh-That the court erred in admit
ting incompetent and illegal testimony,
over the objection of the defendant and
which were duly excepted to by the de-
PENDANT at the time as shown by the
record herein.
Twelfth-That the court erred in refus-
ing to admit or allow to go TO the jury
proper and competent evidence offered BIZ
the defendant. to which the defendant
duly excepted at the time as shown by
the recorG herein.
Thirteenth-That the court erred in over
ruling the defendants motions for a con-
tinuance, which were duly excepted to at
the time by the defendant, as shown by
the record herein.
Fourteenth-That the court erred in ad-
uniting in evidence the alleged dying dec
larations Of James Dawson, as is fully set
forth in the record in this case.
Fifteenth-That the court erred in refus-
ing to admit in evidence certain declara-
tons and statements of the said James
Dawson, made al or about the time OF his
decease, tending to show the character
and state of mind of the said James Daw-
son at said time. which were duly excepted
TO by the defendant at the time.
Sixteenth-That the court erred in re-
character of James Dawson, as shown by
the record herein.
ACKNOWLEDGEMENTS OF the jury by
which the defendant was prevented from
having a fair trial.
Eighteenth-Errors Of law occurring at
the trial and excepted to by the defendant
at the time.
Nineteenth-That afidavits. oral and
other evidence will be used in SHORT OF
this motion for a new trial.
Twentieth-That the court erred in sus-
tanning challenges Of the state OF certain
jurors. and 20 Overruling certain chal-
lenges Of Jurors made by the defendant in
empanelhng the jury.
(Signed)
ADAMS & ADAMS,
R R. VERMILTON,
Attorneys for Defendant