New Britain herald., 1925-11-24
COOLIDGE WILL FOLLOW OUT
.SARGENT'S VIEW ON CHAPMAN
Atty. Gen. Said to Favor
Presidential Pardon -
Meantime Governor Is to
Be Called Upon to Grant
Second Reprieve.

Washington, Nov. ~ Rl--Presi-
dent Coolidge Is disposed to follow
whatever advice Attorney General
Sargent may give in the case OF Ger
aid Chapman, under death sentence
in Connecticut,
This was the only commit OF
White House officials today on the
efforts to return the notorious mall
robber TO federal Jurisdiction, re-
leasing him from death sentence
imposed for murder In Connecticut.
1t has been indicated that should
the attorney general decide In favor
Of any intercession on the part Of
Washington, he would recommend q
pardon covering the federal charge
Of robbery SO that the Connecticut
authorities would be free TO carry
out the death sentence.
New Haven. Nov. "a Pl- Gerald
Chapman, who has gained nation
wide notoriety through his deeds
outside the law, will not die on the
gallows at the state prison at Weth-
erstield, December 8 for the murder
of n New Britain policeman, more
than year ago.
Convicted in the superior court
last spring, sentenced to die In June,
reprieved by the governor pending
a review Of his case by the state su-
preme court of errors, defeated in
the higher courts and again con-
demned to die 4 week from next
Thursday. Chapman has again ap-
pealed to the law and again he has
won additional time to fight against
death ordered by the state of Con-
necticut at the time Of his convic-
ton.
Hearing Next Monday
A writ of habeas corpus, presented
by counsel for the bandit on the
grant that Chapman is still federal
prisoner and cannot be put to death
by the state Of Connecticut until he
has served his rs years sentence In
Atlanta for mail robbery and signed
by United States District Judge Ed
win S. ThLmas. Is the means by
which Chapman escapes hanging a
second time. The writ directs that
Chapman be produced before Judge
Thomas in the board of pardons
room at the state prison next Mon
day morning at 10 o'clock. 1t is then
that the mail robber and gunmen
will start fight for his life that may
end In the United States supreme
court.
Governor VIII Sign
The only official act that will
make all this possible Is a second re-
prieve by Governor John II. Trum-
bull Of this state. Counsel for Chap
man is expected to appear before the
governor at once and as the COVER
nor has indicated that he will sign
the second reprieve following the
signing Of the writ OF habeas corpus,
there Is little doubt that the stay of
sentence will be granted.
That Chapman Is taking an active
part his fight for his life was
shown in the defense argument be-
fore Judge Thomas when 1t was
pointed out that an alleged flaw in
the original writ upon which Chap
man was brought to this state to
stand trial was discovered by Chap
man himself.
According to the defense counsel,
the writ was served on Henry X.
W. Scott, state warden" rather than
upon Scott In his capacity as a fed
eral agent.
U. S. May Aid Conn.
While the legal machinery is being
put In motion here, the wheels of the
law also are turning In Washington
1t Is announced there that the gov
ernment may come to the assistance
of Connecticut and pardon Chapman,
SO that he may be executed for mur-
der in this state.
State and federal officials of Con-
necticut have been in session with
the attorney general and while no
decision has been reached 1t ig
known that the department of JUS
tice Is considering the question that
has arisen through the claim of
Chapman's counsel that Chapman
has merely been loaned" to Con-
necticut TO stand trial. The writ Of
habeas corpus, it was pointed out
will allow the further discussion If
necessary of legal points.
The Pardon Problem
That the activities Of the states
attorney in Washington are looked
upon with concern by the defense
counsels was indicated at the hear
ing before Judge Thomas. 1t is the
of the defense that should
Chapman be pardoned by President
Coolidge, the prisoner still has the
right to reject such a pardon.
In its petition for a writ of habeas
corpus counsel for Chapman con-
tended that he was never legally
brought into this state and that the
Connecticut's court order for his
execution is in violation OF the four
teenth amendment Of the constitu
ton Of the United States.
1t is further alleged that by at
tempting to take federal prisoner
away from the United States govern
ment the state puts the defendant in
danger OF being deprived of his con
stitutional rights" OF serving his rs
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