The evening world., 1912-10-26
VIEW EVIDENCE" TO FIGURE
IN hiS APPEAL.

IN VU0 AVpeA@
y - y able, Mr.. MoIntyrs expects TO
Sstasn Wednesday and stand beside his
alint while The death sentence II
paoDed He win begin at once the task
q Ust1,ng . new TRIAL. While Mr.. No
Intyrs himself u not authority for the
statsunsnt. u II said that newly discov-
cred svtdsnee viii b one Of the
groundsL
vA- o'Iarrsil. oncs . DIGESTIVE nsu-
tenant now . private detective. y said
. hAvs found an habitus Of Jacks res
taneaat who says he was there with
Req ed wsbbsr At exactly the time
thsy claim they were holding . olandss-
tins ooafersncs with Becker over the
Success Of pumping or Rossnthal.
According 10 those rumors. Jack Dun
stsa. proprietor OF Jaok's. and French
npolsman who wa with him ~ they
eeooos1 1erty-third street. wsrs nearly
- ever By the murder car" The
eesupanes jssrsd ct them, and one Of
IT, man was Violently ". supposedly
frem drink. Weldon said soon after his
asreSe that hs was 20 drunk that nl6ht
hs didn't know what happened. Sew
- 040oA0oH0 8ho Sso oAAVvAS Wses w
called 10 testify that the car was going
as terrific spssd. instead Of proceeding
slowly. - shapiro has said. Then. &C.
osrdtAG 70 tho report. . wsll-known gam
Me-. VITO II willing 20 soms forward
NV that . mans NE 10 at stake. will
taGt1ey that vallon vas In the car.
NJ. Nolntyrs says h. y confident Of
0sGt1ng . new trial. Bssidss ten or
1850 main poinAs. there are more than
t.eoo sxesptioas noted In The trial
rseegd.
9Ass saat b. snythanS else but .
vsvssealr' ~ exclaimed. That man
1sshse y Innocent He was convicted
uDeu the testimony Of . lot Of unbelisv.
abis creatures who are not At to breathe
~ Same air with decent men. and was
6eund guilty after trial In which legal
serors beyond number were committed.
u ny opinion.
Il en- going to SEQ the Attornsy.0sn-
esal Of the State within . few days ON
Q most important matter which may
hslp " greatly" Mr.. McIntyrs went on.
The matter u this: believe that DIS
traet-Attorney Whitman had no right
70 oiIsr immunity to witnesses who
might bs-and were. In my bslse-
psoncipals In the murder.
r viii ask the Attorney snsrti for
. ruling on that question. and believe
] viii prove that my contention u cor
rest; that Mr.. Whitman went beyond
his legal privilsges."
Some Of the principal points upon
which he viii base MS request for new
trial arc:
I. That the testimony OF Rose.
Weber. WALTON and Schepps was
not corrobor ated, ~ the Law re-
Quirss. by credible witnesses: that
they were al accomplicss and that
me only testimony corroborating
them was given by felons and con-
vtots-I,uban and Hallen.
Z That declarations made after
~ eonsummation OF the conspir-
acy." In other words, conversations
bstwesn the oonspirators after Ros-
sofhars death. were admitted into
svtdsnce. which V not allowable
under the rules Of evidence.
sAVs ooFF ERRED IN RULIN,
OVER CHARGE.
Z That Justice Goff refused to
SAargs the Jury to the effect that u
would have to be shown--to convict
Bseksr--that the gunner. one OF
them OF all Of them. actually muir
asrsd Rssentha.
1 That a. corroborative Of tho al
lagsd conspiracy there were ad-
unltted into evidence certain meet
IN Of Becker and Rose In tbs
Uuicn Square Hotel and In the two
Dsa'e homes. The Court Of Appeals,
Z w be argued. has held that
tDoeoted circumstances which may
- Suspicious In themselves do no,
eenstitute admissible evidence In =
matter OF this kind.
3. That Justice Con refused to
charge the Jury to the effect thai
Sam schepps was an accomplish In
the murder, and refused TO admit
evidence which might tend to show
that he was an accomplice.
8. That Justice Con- In his charg
- the Jury presented. In skeleton
tern, the whole case OF the Stat,
90 DID not present In any con
usctsd form whatever the case o.
ths defense; that he repeated certaii