| Show ATTORNEYS MOVE fOR NEW NEB TRIAL Motion in Behalf of Joe Sullivan Filed With Judge Arm Armstrong Armstrong strong Saturday Motion Mellon for t I a n now new trial for r JOt Jon Sulli SUll Sullivan van calm nil recently found guilty ot of murder r rIn lag In Police queer om I Ford was filed In Itt tho rho district court Saturday by defendants ntH attorney Vickery rho mat lunt matter ter tarr came lIlIIe directly before heCor Judge Arm Armstrong Armstrong strong In 11 whose whoso court Sullivan had haq hU his trial and Wilt ill be he Wednesday morning when rims tho the for tor bt Tho The advanced as nil to 10 why n a anew nt new mew t W trial should hould lx I b granted grunted are arc five dye In III number numb and tire are us as follows follow B First Accident and amid all n which ordinary culinary o 1111 could not tot have hava against Second Newly discovered evidence material to the tho defense floen e which could not hove hen been lit at t the trial Third The Insufficiency of If tho ho evi evl evidence deuce dence to Justify a Il verdict let of ot guilty Fourth l In law as n Interpreted by hy Judge Armstrong and excepted to by bytho b bIho bythe the tho attorneys for Cor Sullivan Fifth Tho r f ot of the various members of ot the jury while the was wua being considered by II them and before a II verdict had been agreed upon JURORS AFFIDAVIT Accompanying the tho Ih above arc are aulda affidavits sits from h nun mn two of the jurors who con convicted con convicted Sullivan Samuel Oldham t de tle deposes poses and soya that on un the evening that tho the case went to the jury jut one ot or his hla fellow William C Boggess s went wont Into nn an adjoining room and talked to Bailiffs Fred l rc Butler and Claude Russell Rus tUII sell and that hilt t on the same date tho the bailiffs and the jurors were separated a 1 short time line outside the tho Jury room the tho officers talking with a n fellow Jr while the thu jurymen deponent excepted went ent Inside the thu building In An his affidavit Mr Burgess admits having staving briefly consulted the tho bailiffs outside time tho Jury room remit but says saya that list it was las upon a II matter r not at all connected with tho time case cuso on trial |
