New Britain herald., 1925-06-20
POINTS OF APPEAL
 IN CHAPMAN CASE
Testimony Of Local Policemen
 Mill Be Brought Up
QUESTION COURTS STATUS
Judge Groehl, Chief Counsel For Condemned Man, Spending Day in Springfield Probing shean's Use of Bandits Alias.

The appeal of Gerald Chapman from the decision of Judge Newell Jennings, condemning the bandit to death for the killing of Policeman James Skelly, will be hinged upon three points. one of which will be the alleged false statements of three local policeman while on the witness stand, according to counsel for the accused man.
 The defense will also contend that the court which tried and convicted him was without Jurisdiction and therefore Its findings must be set aside. A third point will have to do with the reputation Of Walter Shean, alleged accomplice of Chapman, the purpose of bringing out certain facts now being searched in Springfield, Mass, being to question the credt- bility of the witness. it is explained Judge Groehl, chief counsel. Is in Springfield today conferring with Attorney Ray NJ. Riley who is as- sisting in the preparation of the appeal.
 Two points In particular in shean's testimony are under inves- tigation. Shean stated Chapman used the alias of Waldo Miller and it Is the claim of the defense that this alias was also used by Shean himself. His statements pertaining to the Pennsylvania bond theft are also under investigation.
 A writ Of habeas corpus will De served in one of the, United States District courts in Coinecticut short ly as the opening gesture in the movement for retrial.
 The basis of the writ is the con tention that the defendant was mol properly brought before the state court and that ne was illegally trans, ferred from one lluisdiction to an other. Having TO juridiction, the process was wrong from its De- ginning and all the way through. ths writ will claim. Another vital claiH Is that the conviction destroys thu judgment of superior and prtol court. (Which functions under con stitutional guarantees and whlcf cannot have its pcwers destroyed D. any state.
 ! The motion 70 erase for lack Q ,urisdiction moges the court to dis miss the proceedings and verdict o' f1s grounds. It sets forth that Geral' Chapman is a nonresident of t state of Connecticu: and as such wa never served with legal process; tha he did not legally appear as de fendant; that he is federal prisone under the exclusive jurisdiction ant control of the federal court by whicl he was sentenced: tiaf the stat could not :ake control over hi person, when as a roatter of law h. was exclusively in the sovereignty 0 the United States; that the proces and decision are void, according t' decisions of the United States su preme court that they are uncon stitutional conflicting with pro
 judgment of a federal court: tha the conviction was violation or th fifth and fourteenth amendments t the federal constitution, constitutln
 a want of due process and being a arbitrary abuse of state powers that the court has erred In iega contemplation in not recognizing th full faith and credit clause as |
 judicial proceedings Under the con stitution of the United States; tha the entire state proceedings are nn
 and void, as they constitute an un lawful interference with the author ity of the United States and to or derly administration of justice. 7 After the writ ani appeal haN been perfected Judge Groehl an
 Attorney Wiley will 10 to Washing , ton to present the case 10 the attor 7 ney general, in ths hope that th 2 government will exercise Its right ( I Jurisdiction and prior clam,