New Britain herald., 1926-03-18
Counsel Thinks Fourth Repneve Must Be Granted Pending Dis- position of Separate State And Federal Court Appeals.
New Trial to Be Asked. Writ of Habeas Corpus
 Sought and Coram Nobis
 Action Instituted in Be- half of Condemned Man.

Hartford, Conn, March is up4- Double barrelled action in the super. ior court in an effort to save GeraI5 chapman from the galloWs may b, decided upon on Saturday by couu- sel for the bandit at the couferenc,. to be held here, as a means of again getting a review of the case by tlT,. supreme court of errors of Connect. cut and the supreme court of th,. United States.
 Two Separate Moves
 The contemplated moves, if sue cesstul, will Independently be wapc,I in the state and federal courts auJ 1t is the expectation that pendin. final decision 6 fourth reprieve will nave to be extended to Chapman. who is scheduled to hang on April 6 for the murder of Policeman James Skelly of New Britain on Oc- tober l2, 1924.
 Attorney Ray Nj. Wiley Of Spring field, Mass, who is associated wiih Judge Frederick J. Groehl of Ner, York, Attorney Joseph M. Freedman iof Hartford and Attorney Charles W. Murphy of Danbury in the defense Of Chapman, today outlined tbr course of procedure which will be discussed at the Saturday conference. writ of habeas corpus will be ask. ed of Judge Edwin $. Thomas of in, United States district court. settips forth that Chapman's constitutions | rights have been violated in the pro, Judice he claims was manifest in the trial in the Connecticut court.
 Claims Hurried Conviction lt will be claimed at the murder trial Chapman was hurried through 10 conviction. An Arkansas case win be cited as precedent. the supreme court of the United States uph0ldinY the contention. Attorney Wiley maintained it Is the duty of Judge Thomas to issue the writ of hahcaS corpus even if he later dismisses r if a prima facie case is not shown. and even if the facts as claimed ap pear frivolous. On the dismissal an appeal may be taken to the circuir court of appeals, and if Chapman is turned down for the second time iu that court, q petition will be madc 10 the supreme court to consider the point as advanced
 Will Ask New Trial
 Before the habtas corpus writ Is asked for, however, it is considered desirable to petition the superior court for q new trial on the ground 'of newly discovered evidence. If this motion Is denied, according 10 Attor. ney Wiley, 1t will but strengthen the claim of prejudice against Chapman when 1t Is advanced in the federal court In the habeas corpus petition. The second move in the state court and which will he made independent ly, the motion for q new trial, if tho conference decides the plan has merit, Is a motion for writ or .cornm nobis. which will be asked for under the common law. Mir. Wilry holds that Connecticut is one of thn two states in inc union in which this may he done. Florida also recoe .nizcs the common law similarly.
 COram Nohis Writ fndar the writ Of coram nohs which is admittedly a peculiar pro codure in such cases, facts whicN wera overlooked at the original trial may he advanced for consideration on the claim that these facts existed outside the court.
 The fact claimed by Wiley whicn was not passed on in the superior court was the claimed federal iurie. diction over Chapman at the time Of ,the trial. Ho Hkenod tho procedure 70 an action on an insurance policy Iwhero at the original court hearing, i the fact tha inc insured had died might have been overlooked hy both sides. Mir, Wiley holds that this claim, under thc writ to bc consider cd on Saturday is royiewable by the supreme court or errors, and 10 d. tcrminr tho question anothor re prieve would hay" 10 be extended 10 Ithc accused man.
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