New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-02-15
Negro Repudiates Story
of Affidavit, Declares
Prosecutor.
TESTIMONY FALSE,
SAYS MANTON
Witness Has Shifty Day
Here-Slayer's Pow
erty Barred.

James Marshall the negro whose
testimony about the Harlem Confer
oncc." went far in convicting Charles
Becker. former police lieutenant, of
murder at his second trial last May,
arrived in this city Yesterday morning
from Philadelphia. Within few hours
he had talked with Martin I. Manton,
Becker's counsel, and later in the after
noon he made an affidavit repudiating
the one he signed Saturday in Phila-
delpha. and this time asserting that
his testimony on the stand was the
truth.
The story OF the second affidavit was
told by District Attorney Perkins late
last night. after he had talked with
Marshall and Assistant District Attor-
nev Groehl at the Bar Association. The
prosecutor told of the conference and
Of what was contained in the sworn
statement. Its text. however, he would
not divulce, as he said it might have
to be produced at hearing later.
John b. Johnston. Manton's law
partner. who obtained the Philadelphia
affidavit. said he had the paper in his
possession last night. In it, according
TO the attorney. the negro declared he
periured himself when he told at the
trial that he had seen Becker at the
meeting at Seventh Avenue and West
l24th Street, where it was alleged ar
rangements were made for the killing
of Herman Rosenthal.
Someone Lying. Saws Groehl.
When told Of the conflicting state
men.s NJ. Groehl said: cit is evident
that someone is living. But ! am con-
vinceG that Marshall was telling me
the truth
Following his discharge in Philadel-
rhia fer wifebeating. Marshall made
the affidavit in the presence of Mr..
Johnston end newspapers men in which,
according to the lawyer, he admitted
he had periured himself. He was kept
n the company Of detective, and yes
terday morning visited Mr.. Manton at
lis Office.
Here he talked with the lawyer and
his partner and, according to them,
repeated the statement to which he
swore in Philadelphia.
Marshall during the interview asked
If he could speak on the telephone to
his mother, Mrs. Mcdaniel. at 129 East
Seventy-sixth Street Mr.. Manton con-
sented and the negro converscd with
her for a few minutes She told him
that Mr.. Groehl was at her house, and
he then talked to him.
Mr. Perkins said last night that his
assistant asked Marshall If he had
made a statement in Philadelphia re-
canting his testimony.
The negro said, according to Mr..
Perkins. that he had signed an affda-
Wit, but that it merely related to the
money he received from the District
Attorneys Office for his connection
with the Becker case.
Mr. Groehl then arranged for an in
terview at the home Of the negro's
mother.
Negro Repudiatcs Affidavit.
At that place he reiterated that he
had signed no paper, and reaffirmed
that when he testified at the trial he
was telling the truth. Mr.. Johnston,
however. when told Of this last night,
said he had such a document.
The prosecution obtained affidavits
also from Marshall's mother and step
father. Mr. and Mrs. Marcellus McDan-
iel. In these is set forth that the
negro told his parents that his testi-
mony at the trial was true, and that
he was sorry he had to make it.
"I didn't want to go on the stand"
he said. "but if didn't ] would have
been lying"
It was explained that he did not
want it known that he had been stool
pigeon for Becker.
Mr.. Mcdaniel, the prosecutor said,
Continued on page 4. column