New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-02-26
Neqro's Affidavit on the
Change in Testimony
Is Discredited.
PROSECUTOR OFFERS
NEW STATEMENT
Hint of Bribery to Aid Convict
cd Man-Wife Listens to
Motion Arguments.

rstue hope Of a third trial for
Charles Becker is held out by friends
of the former police lieutenant. Jus
.re Rartow 8. Weeks strongly inu-
mated that he would not give the con-
,.c,ed man another chance for liberty
.ac- hearing the motion for ne"
TRIAL by Martin T. Manton' be'N'' :
council. in the Supreme Court yeS''''
DAY. =,
Nv Nanton based his argument y"
the ground that James Marshall 'n'
,,cro on whose testimony in the sec.
I'D trial rested the cOrroborauon Of
tho discriminating Harlem murder con-
s.ro,co had recanted the statements
80 on the stand. This repudis-
ZION was contained in an ahdaVi'
,.hi,b Marshall signed in Philadelphia
on February 10.
Justice Weeks interrupted Mr.. Man
tons argument frequently, and st It's
Conclusion gave strong indication
Ella. he considered the witnesses am
5svit Of little consequence by stating
che, il was his first impression tna'
che statement was "manitestly an IN
eonious evasion Of direct con
ION Of his testimony al the trlal'
Manton Disputes Testimony
,-r Nanton laid great stress on the
.---.,,icc of corroborating the meet
10 ~ Becker and Rose at l24th street
"a S.yeptb Avenue when the hnal De,
.-I. ~ Rosenthal's murder were salG
-. bcer arranged He complained
u.. The cbaufeurs who could nave
t,s.,sed Oh this point were NOT oaIieu
nd we're beyond his control De
..-so they we're in the employ OF Ihe
District Attorney. .t--.,..
an that case they were manilestI!
no, beyond your control, was justice
Weeks comment I'LL -.
"Tbev should have been csiIea oE
.bc District Attorney SAID MI NAH
ton. a., 49,. have been
called by the defence was the eour' :
reply. Los;,od certain
,srts Of NarshalIs affidavit dealing
ll.,b his Identification of Rose and ms
sloI;ncs with Assistant District Attor-
utal'l T.-o.bi hut the court forced him
neg - Nat the witness did not state
- he aid not see Becker and dld not
49, hat the man talking to the po-
Ics lieutenant was the man ne AFTER
gard came 20 know as Rose.
Affidavit Not Clear.
q, s,nlsinipr why the affidavit was
Ussnot perfectly clear, Mr.. Manton sara
shown in the sworn statement Dy Jonn
] Johnston. associate counsel Tor the
ssfence After examining johnston
sfdavit. Justice Weeks said: This Is
ss far from being an affidavit that Mar
sLoIps statement was his dictaton as
WsrsbsIl's affidavit is from being
,iesr statement. II seems to me thaI
when an affidavit is produced to inter-
f4re with the ordinary course OF APP
nasi after conviction, 1t should De AO-
sointeIv clear. This should leave no
doubt on three points: dld ne sec
Eecker7 yes or no; was Becker tsIh
inc TO some one7 yes or no; was one OF
these men Jack Rose? yes or no:
In opposing the motion, Assistant
District Attorney Delehanty openly &C
cused Howard NJ. Long, United states
Commissioner, in whose once MaTsh%il
made his affidavit. OF being uhuer
retainer by Becker. r.-..
Among the papers which the DlStrl l.,.
Attorney submitted yesterday was ne"
sfidayit which Marshall made IN MT
Perkins's Office yesterday. In thls
statement he swears that he signed the
FRS, affidavit in Philadelphia at Ihe
lnstigation Of Mr.. Long and Mr.. John-
ston. and had no intention OF repuII-
stinp the testimony he gave IN the
Becker trial. He also clears Assistant
District Attorney Groehl OF any charges
OF suborniug his testimony. Inns am
rlfcs an affidavit which he mace on
February IA, the day after ne slgheu
the Philadelphia statement
Marshalrs Last Statement.
Marshalrs sworn statement yester--
day. in telling of Mr.. Johnston's part
in the proceedings, says;
81 was In Mr.. Longs office from
about $3.50 on Saturday TO 10 O'Clock,
g0o had not had anything to eat or
drink since the morning. During these
four and a half hours | was being
talked 70 by Mr.. Long and Mr.. John
,ton. | told them time and again that
J had told the truth in the Becker
trial. and they made various sugges-
lions 70 me about the reasons why
they wanted me TO sign paper.
gtenographer was called in, and MI.
Johnston dictated a statement 10 her.
! did not tell Mr.. Johnston what 70 put
in that affidavit. He made all the state
rents himself. When IL was written
out. he asked me to sign it. |
told him would not sign It. He
read il and / read II, and told