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MH wife: to death, rejected late yes- | ©25° boiled down mainly to a 50- on jon the basis of newly discavered | Utiversity of California‘ professor | Makes New Plea May 23. | ee CLEVELAND Twi it {wice loser in;plement it wi ppeal moves to win a new trial from the yesterday's decision Been vom Lora .{Judge who sentenced him, Dr.| Sheppard remained inc i{Samuel H. Sheppard today based |Jail, where he w ‘ounty eis = i ’ as tak his hope of freedom from life in}30 charged with bludgeo last .July ; —— {| Prison on an appeals court hearing {Pregnant wi lyn in he: a Scheduled for May 23. ceene lroom at thelr "Bey Vill hoe S Judge Edward S. Blythin, injJUlY 4. He had no comment ‘oa , os oo = whose court a jury convicted Shep- Judge Blythin's ruling. - ; pard last Dec. 21 of clubbing his| _T¢ new evidence in the. defense terday a motion for a new ‘trial | PA8® affidavit by Dr. Paul L, Kirk, s levidence. of criminalistiés. Hired’ by Corri- * {a new trial motion citi ‘ "s ng num ; ne x €lalleged errors in the eye eros (Turn to SHEPPARD, Page 10) . at -|Appellate Court, and She S| Lichief counsel William J. Corrigae : A Weeks ago Judge Blythin denieg |®°™ Kitk-¢ame here in January osteopath's 10-week trial. That. 9° = = earlier denial was carried to the j Isaid he would “with disnateh” e: | | Sheppard (Continued From Page 1 for several days of investigation. The key part of Kirk's affidavit was that he found a blood spot on a.wardrobe door in the murder bedroom and his tests, he said, showed it was not blood from Shep- pard or the murder victim. Kirk said the spot dripped from a sex- slayer’s hand, bitten by Marilyn Sheppard when he tried to stifle! her screams. 7t The state had countered with an expert’s affidavit discounting the, accuracy of methods Kirk used to test the blood spot on the ward- robe door. . a . Judge Blythin’s 16-page opinion, bristling in spots, had:this to say of Kirk’s findings: r : “His conclusions are based on his own theories, do not necessar- ily eliminate Sam Sheppard, nor ‘are they necessarily consistent with the theories of .the- defense at the trial..." i (Kirk suggested the slayer used heavy flashlight. as.the. .never- discovered murder. weapon, and tt the trial the defense suggested rouitipronged instrument g jhe victim’s skull, werJTd ge. |oted.) oe i a