New Britain herald., 1925-12-02

finger of his right hand along his cheek, He closely followed the short discussion which followed. Mir. Freedman informed tho court that Chapman through counsel had filed return to the governments answer 10 the writ of habeas corpus. Mir Freedman said in brief that the governments answer did not affect Chapman's case in any way and that 1t became necessary for counsel to file an answer.
 Mir, Cohen said that We did not llle return 10 the writ of habeas corpus therefore 1t was not ncccs- sary for Chapman's counsel to file an answer 10 our statement"
 Mr. Alcorn declared that the re- ply would not require a .ejoinder but only q general denial of any new matter set up in tho statement.
 Attorney Wiley Speaks
 The introductory remarks on Chapmans side wero made by Mir. Wiley, who asked the court if he should read from the answer or make his remarks from tho petition as the answer was before it.
 Mr Wiley then said that the pur- pose of the writ was to set up sep arate and distinct grounds on which 10 base the legal contention that Gerald Chapman is "unlaWfully re- strained by the laws of the United States"
 He claimed that while Chapman was unlawfully removed to Connec- ticut that the purpose of bringing him here was to place him before D Connecticut court to answer charge of homicide.
 Mir, Wiley said he would confine himself 10 facts appearing in the document today, namely the asserta- ton that the law bears out the con tentions Of Chapman all the way through; that we consider the pro cccdings and manner of bringing Chapman 10 Connecticut for trial that he was loaned to Connecticut that after convicted he was forcibly seized and taken from the custody of United States to be held without legal consent of the petitioner (Chapman). and without consent of the United States SO far as the law and the people are concerned"
 Grochl Demands Papers
 Mir. Grochl opened the pres4nta- ton of evidence by calling Warden Scott of the prison and asking him to offer the entire file of papers by which Chapman came into his care. The warden sent down stairs for the papers while he remained on the witness stand.
 Mir. Grochl and Warden Scott had several tits over questions and an- swcrs, and also Mir. Groehl had a discussion with Mir. Alcorn over the first writ of habeas corpus. In the course Of the examination of the warden it was developed that on February 5, the warden received Chapman who was accompanied by two officers who said they repre- sented the United St%tes.
 Mir, Groehl questioned as 10 whether Scott received at the time any papers, or a letter. relating to the prisoner. On February 13, the warden was served with a writ of haheas corpus 10 produce Chapman in the Hartford superior court at Il a, m.
 The warden said that at 1:3o p. m, Chapman left the prison with a deputy and was presented In court.
 Mr. Groehl asked the warden if he could recall whether or not he told Chapman for what purpose the lat ter was being taken to court or that he had been served with a. writ of habeaS corpus to produce Chapman In court. The warden said he could not recall whether he did or did not.
 Mr. Groehl, continuing, asked Wasn't Chapman asked if he de- sired to communicate with counsel" Mir. Scott could not recall.
 A short discussion followed as 10 i he time when the prisoners statutes changed from that of Q federal prisoner 10 state one on he prison records.
 Change Made April
 Warden Scott said the change, ! was made on our records on Chap 1 mans arrival from superior court on April A."
 In the intervening time from | Thapman's arrival on February D, Intil April 1, we had considered | 7hapman as q federal prisoner, and l lis cXrenscs were paid by the fed .raj government. The warden said | hat after his sentence On April 4, ", considered him state prisoner md changed his number.
 Warden Scott said he believed he lad sufficient authority 10 receive ,hapman as a federal prisoner and therefore did not question the action.
 Later, the warden replied "l hould think not" in answer to 0 question by Mir. Groehl ns to wheth- F hc had notified Washington of the .hansc of status of the prisoner
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