New-York tribune., 1918-06-12
Paul Chapman May
Get New Trial ol,
Experts Evidence
Boys Counsel Inspecting
Testimony Of Policeman
in Different Cases
Finds 1t Conflicting
Went Far Toward Convincin~
Jury of Young Mans
Guilt

The fight to save young Paul Chap
man from the electric chair. which il.
more accurately and less sentimentally.
a fight to save New York State from
applying to q first offender. who hap-
pens to be a sixteen-year- old boy, the
ultimate punishment reserved for the
worst Of men. may shift back to Brook
.yn within the next few days.
While the appeal is pending a. Al
oany there has developed a possibility
shat motion for new trial may be
brought up here, perhaps even taken
directly before Justice Kapper. before
whom Paul was convicted of first de-
gree murder last winter in the Brook
yn Supreme Court, and by whom the
youngstcr was sentenced to death
Information has reached Matthew
W. Wood, of counsel for Paul, concern
ing contradictory statements supposed
to have been made by man who ap-
peared in the Chapman trial as 8 ma
teral witness for the state. II Mr..
Wood is able to substantiate what he
tilted in demanding a retrlai on the
ground of newly discovered evidence.
His motion, if he decides one is in
order, might be entertained by Justice
kapper himself or by Justice Lazansky,
now sitting in special term.
II a preliminary survey it appesrs
that Jones was far less positive when
on the stand in the Davis case than he
was when assisting in the prosecution
Of Chapman. Not having followed the
LAWS trial, Mr.. Wood did not learn
urti, months after Leonidas had been
acquitted, did not learn of it. indeed.
Until a few days ago. He at once took
steps to possess himself of the tran
stliLt which ne is now studying.
Il have found some discrepancies be-
tween what Captain Jones told me un-
der cross-examination and what he had
to say when Leonidas Davis was on
trial." Mr. Wood said yesterday, "but
/ am not yet prepared to say they are
important enough to form the basis OF
motion for a new trial.
Considered Himself InfallibIe
"Jones told ME he considered himself
infallible He said he had qualified as
an expert on firearms in at least 200
cases and never once had made an err
ror in judgment. That, however, is not
the point on which his credibility
might be attacked. The captain was
positive that an expended bullet which
had been found on the floor of the
room in which the Regensburg brothers
had been murdered came from the pis-
toll which Paul admitted having car
ried. He was positive on the point
that is, at Paul's trial.
"I ind that at Leon Davis's trial
he didn't appear to be SO sure Of him
self Indeed, he admitted he had no
absolute way of telling exactly what
.pistol Exhibit 23-the bulle. in cues
tion-had been fired from"
Mr.. Wood is trying to ascertain just
how greatly the Chapman jury was
impressed by the testimony Of Captain
Jones, this rather for his own lnfor-
nation than for any other reason, Tor
under the law affidavits of jurors
cannot be considered as having weight
in connection with motion for
new trial.
Although he was contradicted by ex-
perts for the defence, the testimony OF
Captain Jones was really one OF the
pivots of the prosecutions case. IL
was he upon whom District Attorney
Lewis chiefly relied to sustain the
states contention that Paul had actual,
ly been in the Regensbarg home and
had actually used the, pistol gwen 70
him by Hughey Davis, brother of Leon
idas, who afterward was shot and
killed by policemen while in hiding.
Never Denied Having Pistol
Paul did not deny at any time that
he had had pistol IN mis- possessi9<,
nor that, as Hughey's confederate ne
had agreed to act as LOOKOUT anu
with Davis had gone into til yaId
| h,,ro
Park Place, Brooklyn. WHIT he ola
deny was that he had climbed through
the window which Hughe/ opened Oh
that he had done any shv1tlng :,
Everywhere else Paul told the .ru.h'
WY at he said in regard 10 MS move,
ments had been checked up and iounu
to be accurate. However, there was ~
witness surviving who knew wnas ~
had done from the moment he ensslea ,,,.
the yard in the rear OF the rarn ara. ' he
APARTMENT house and the momsn. I'D
left the building. Here his word sS0o1
alone-hence the expert. ,:.,-
On the floor of the Regensourg NV.
ing room, in which Harry and gam
Regensburg were killed by burglars tne
night of October %, 1917, and Mrs.
Jennie Regensburg, Harry's wife, We;
severely wounded, detectives had pickse
up an unmarried bullet. The Dis.iiss
Attorney marked the bullet as peopls
Exhibit % and attempted by nferencse
to establish that it had passed througa
Mrs. Regensburg's body, and by zap,
tain Jones's testimony to prove u pa,,i nSJ
been fired from the pistol which fsu'
said never left his pocket.
With the testimony of the state e:. :.
pert discredited and eliminated. as -
might be at another trial, DisSrics "a
torney Lewis would have to ma so"s
other way of refuting PauIs sso.y.
story, by the way, which the detectives
who were on the case now say 'he'