New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1916-08-24
HumanitarianS and
Detectives to Have
Opportunity.
CASE REVOLVES
AROUND E. KING
Prosecutor Must Establish
AIibi or Consent to
New Trial.
tFron, s,ar Correspondent, o, The rnbun.I

From a stan correspondent OF Inc lHDuns1
Rochester, Aug. 23.-Charles Stielow
won a new lease on life to-day. lnno-
cent or guilty of the murder of Charles
Phelps and Miss Margaret Wolcott, as
the final court of review may decide, he
has won a reprieve which will hold
good at least until September q.
Between now and then the humani-
tartan cultists, the Welfare Leaguers,
the lawyers and detectives associated
in the effort to save him from the cleo
trio chair must round up their case
against Erwin King, whom they be-
lieve to be the real murderer. And be-
tween this day and that, John &.
Knickerbocker, District Attorney OF
Orleans County, must either complete
an alibi for King or be ready to face
a decision that a new trial for Stielow
is justified.
Attorneys for Stielow and for the
state found themselves in agreement
for the first time when they appeared
before Justice Adolph Rodenbeck, pre-
siding over a special term of the Su-
preme Court here this morning. Both
sides wanted time-Stielow' side be-
cause the detectives have yet to bridge
several gaps before they have fully
traced the movements of King about
the time of the double murder. And
the state because a formidable batch
of Stielow affidavits had .een submitted
at the last minute.
Demands for the appointment OF
special prosecutor had not been needed
and il was Mr.. Knickerbocker himself
alleged by the opposing lawyers to
be unduly, if honestly, prejudlced-
who appeared for Orleans County and
the state.
Charges Exchanged.
Scarcely veiled charges of trickery
anI unfair jockeying had been ex-
changed between counsel before the
proceedings were well under way. Mr..
Knickerbockeri complained that copies
of the new Stielow afidavits had not
been served upon him until the last
minute. so that he had had no oppor-
tunity to determine their merits.
Arthur T.. Sutherland. lately a JUS
tice of the Supreme Court and the
most recently retained Of Stielow coun-
sci. united with James W. Osborne IN
a counter complaint that they had re-
ceived no copy of Kings recantatlon
and that King had been isolated from
them in the county Jail at Albion.
Efforts were made by the whole
array Of Stielow lawyers, taking turns
on the firing line, to have King removed
from the custody of Sheriff Chester NJ.
Bartlett, OF Orleans County. Justice
Rodenbeck, however, was satisfied TO
have the prisoner remain where he is.
II take the word of Mr.. Knicker-
booker" he said, that counsel LOT
St;eIow will not be barred from Kings
cell. Finding themselves barred, tney
NAV appeal 10 this court at any time
Mr.. Knickerbocker directed his nrst
attack against the stay of execution
Granted by Justice Guy in New York
CITY. an hour before Stielow was to
have passed through the little green
door.
"The state moves 10 have the stay
set aside as unwarranted and without
jurisdiction" he said.
Decision Reserved on Motion.
After Justice Sutherland had object
ed that the question Of whether or not
Stielow should have new trial was the
one directly before the court, Justice
Rodenbeck reserved decision on the
states motion.
"All the papers that have been served
on the District Attorney to date are
those attached TO the order to show
cause" said the court. These simply
show that Mr.. Osborne, Mr.. White and
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