The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-04-29
PLANNER OF PERJURY
FOR GUNNER CAUGHT
Prisoner Admits Devising Plan
to Make Money by Cheat
ing Justice.
WHITMAN Is ATTACKED
Judge Defends District Attor-
ney When Becker's Law
yer Assails.
WHITMAN Is ATTACKED

LOUIS Sapduono, Chum or william e.
Burwell. "the St. Louis Kid" who con-
fcssed early yesterday morning that he
committed perjury in an effort to save the
four gunner from execution for killing
Herman Roeenthal. was arrested In New
Haven yesterday afternoon and brought
here
Capadona corroborated the confession
made by Burwell In his story to the
New Haven police and afterwart to As
sistant District Attorney +. ]. Groehl ne
said he suggested to Burweli in Pough-
keepsie the chances of getting well paid
for telling q false story of the shooting
that would aid the gunner.
Capadona said that after ne had sug-
gested the possible profit in prejury the
two men collected money from rabbis in
PouThkeepsie to pay their way to New
York. After the execution of the gunner
the two went TO Connecticut. hoping to
avoid arrest.
The New Haven police informed Mr..
Whitman OF the arrest Of Capadona and
Detective Maxwell was sent to that city
to bring him here. Groehl followed and
returned with the prisoner, getting to New
York about 10 o'clock last night. Mr.
Groehl had long talk with Capadona
District Attorney whitman will question
Capadona to-day.
Justice Seabury in the Criminal Branch
~ the Supreme Court, after granting a
motion for a special panel OF 800 venire-
men from which the Jurors in the second
trial Of Charles Becker will be selected.
refused yesterday morning to start an in
vestigation at the request of Martin T.
Manton. counsel to Becker. into the pub
fishing Of stories concerning the ex-police
lieutenant which Manton said came from
District Attorney whitman's office. Man.
ton charged that many of the statements
printed in the newspapers regarding the
Becker case were false.
Justice Seabury after declining to star,
the inquiry told Manton to file afiidavits
with him embodying the Objectionable
articles. Manton did not show any In
olination to do this and limited that he
would take the matter to Gov. Glynn.
The question Of the inquiry came uT
Immediately after Mr.. Whitman had made
his motion for the special panel. Mantor
concurred in that motion and then said:
Certain articles are appearing in the
public press, particularly this morning
These articles charge the defendant with
purchasing testimony. or have that In
situation. They have other false state.
ments. One article is a quoted interview
with the District Attorney.
False, says BecLer's Lawyer.
"S!nce the charges are false. since this
defendant has been tried before and since
the Court of Appeals has said he has moi
had a fair trial these charges should be
called to your attention on the eve Of
the second trial for proper action"
81 cannot see" replied Justice Seabury
that the decision of the Court OF Appeals
has any reference at all to the subjec
matter of your request"
Mr. Manton insisted that Mr.. Whitman
must have authorized the statement At
tributed to him.
Il cannot assume said the court. THAI
the District Attorney has made state
ment to the public press which Is not
true. and in the absence of any such proo
/ certainly should not indulge in any sucf
assumption"
Mr.. Manton protested that the public
vas likely to be unfairly Influenced D,
such statements or publications. justice
seabury then told the lawyer to file am
davits.
Mr. Manton on leaving the cour
room said that he meant to take tn
matter to Gov. Glynn. THE prosecu
ton" he said, "is trying to create TN
impression that We are not ready 10
trial As a matter OF fact Mr. Whitman
is not ready, and l do not believe he vii
ne ready on May next. Furthermore
the District Attorney has minated tina
we will use sam Schepps as witness
That also is not true. Becker will b.
acquitted at the next trial and he VII
b. free before Decoration Day that n
may decorate the graves of his baby
his mother and his mother-in-law,
Becker May Not Go m stand.
Asked il Becker would take the wit
ness stand he said that such cours
depended entirely ON the evidence pre-
sented by the District Attorney.
If the same evidence" he said ~
presented we will not put him on IN
witness stand because the Court OF Al
peals made it clear they regarded tn
chief Witnesses as liars.
District Attorney Whitman had anothe
tall Yesterday with Burwell.
The sef-confessed perjurer SCENE
eager to add to his confession. Al
though the man Is being closely watche
he has not been placed under arrest
The District Attorney is undecide
whether he will prosecute the ma
Ior perjury or use MN AZ Withes
befora the Grand Jury with the idea c
going deeper into the working OF the a
legged perjury factory" that Is said I
have gown up with the efforts to fire
III" gunner and acluit Becker
Mr. Whitman considers the situatio
delicate because he does not wish
take any steps that might be regarde
as prejudcng Becker's case. There IL y
doubt, however. that no IL quietly inves
tlRatlug the story told by Burwell. VIII
s. he was paid TO give the perJure
testimony
The District Attorneys office Ia read
To- IN" trial OF Becker and the case wi
surely be called on next Wednesda
morning.
CHARCCc YYYYIYpV m EYIS NOME