New-York tribune., 1915-02-16
Plan TO Seek New Trial.

Plan TO Seek New Trial.
The affidavit signed by James Marshall
in Philadelphia on Saturday will be
used as an important basis in seeking
a new trial for ex-Lieutenant Charles
Becker, according TO John b. Johnston,
the lawyer, VINO witnessed the negros
signature.
The lawyer. who is Martin I. Man
toms assistant in the Becker case,
would not divulge the contents Of this
affidavit yesterday, but he asserted that
it was, in substance, practically the
same as was printed in Sundays news
papers. He declared positively that the
negro repudiated some Of his state
ments made on the stand at the second
Becker trial last May.
In addition to telling how much
money Marshall got from the District
Attorneys Office, and how he had been
induced to come TO this city for the
atrical engagement. later being served
with a subpoena, Mr.. Johnston said the
affidavit contained some facts which
would be startling when made public.
He would not state whether the negro
had recanted his testimony Of the
"Harlem conference" between Becker
and Rose at Seventh Avenue and l24th
Street. and his subsequent identltlca-
tion OF Rose.
District Attorney Perkins. however,
did not seem to be worried yesterday
when told Of the Philadelphia affids-
Wit. He said:
"The incident is closed as far as
this Office is concerned
Mr.. Perkins pointed out that up 20
this time there was no record or any
= q
told on the stand at the trial, and
until something was shown him he
would not show his cards.
Mr.. Johnston, however, said the
statement made in Philadelphia diff
fered in many vital points from any
thing Marshall had previously made:
He polnted out that IL the negro had
said that the man he later identified as
Rose had blue eyes, when they were
really green. such a change would not
be important.
But this affidavit goes much fur
ther than that" he remarked.
He would not tell whether any
mention of Assistant District Attorney
Frederick J. Groehl was contained IN
tho statement. Saturdays reports
from Philadelphia had said that the
negro charged the assistant prosecu-
tor practically with intimidating him.
Mr.. Groehl has protested stoutly
AGAINST this, and has declared repeat
edly that the negro told his story vol
unfairly in his Office last year before
he became a witness, and was neither
coached nor threatened.
Perjury Hint by Prosecutor.
District Attorney Perkins pointed out
O new angle of the case-thst of Mar
sbaIl,s having perjured himself.
az the Philadelphia affidavit is used
in a motion for a new trial he said,
Marshall is guilty Of perjury and can
nossibly be indicted in Philadelphia.
"But," he continued, "the various
afidavits signed by the negro are not
the issue. He was allowed to go back 70
Philadelphia last night, and the ques-
tion still before us is this: Is Becker
guilty of murder"
lack" Rose. whom Marshall said was
with Becker at the Harlem CONFER
exec" did not know yesterday Whethet
S,hepps, Vallon or any other witnesses
had been planning to repudiate thelI
stories. But he said he would be gIad
10 hear they had. if they perJured
themselves on the stand.
The former gambler and lntormer'
now a film producer and lecturer,
addod that if any witness had perJured
himself in either or both OF the becker
trials he would be glad il 1t were all
made known. .y
"Mv wound is healed By this time,
he went on, "and Becker has my pest
wishes. | want to see the case against
him fully established before he - sent
70 the chair. | do not know this TEL
low Marshall. remember that
negro PASSED Becker and myselt on
June q. which is now called the 'Har-
lem Conference ! hope Marshall Will
tell the truth, so that there will be no
loophole in the case"
Rose Sticks 10 His Stand.
When told of Mr.. Manton's declara-
tion that ne had found from htty 10
sixty discrepancies between the stories
Rose told az the first and secono
trials the former witness SAID ne WAS
not surprised. ,,,
find more. But ne will see that those
differences are all in minor details.
and that the vital parts Of the Two
stories told are the same: My story
was good enough 20 convince twelve
Jurors. wasp't it,"
The similarity OF Marshalis state
ments 10 the Grace Mack case was
nointed out yesterday. In the latter
the girl testified at the trials OF Lee
Dock and Eng Hing for killing Lee
Kay that she had been on the street
and witnessed the shooting. The arst
trial ended in a disagreement and me
other in verdicts OF murder against
the Cinnamon. They were put to death
at Sing Sing recently.
After the Court OF Appeals had re-
affirmed the conviction Grace Mack re-
undated her former story. But Judge
Grain, ruled that this recsntatlon vas
not sufficient ground for a new trisi;
as IL did not come under the head OF
newly discovered evidence. he said ~