New Britain herald., 1926-04-01
However, Defense Will Petition Prosecutor to Waive Formalities and Permit Motion For New Trial To Be Car- ried Through.
AS Another Desperate At tempt to Save Con- demned Man, Lawyer Wiley Is in Washington Seeking Supreme Court Stay of Sentence.

Hartford, Conn, April f-Gerah Chapman's chance of getting h,s case into superior court again on 4 motion for q new trial, which was ta be made this afternoon on grounds Of new evidence in an 11th hour at tempt 10 keep him from being hanr- ca TOT murder of New Britain pc Ilceman, was exceedingly doubtful in the face of strong indication from States Attorney Hugh M. Alcoril. that he would refuse to cooperate with the move.
 Alcorn Is Opposed
 under the judicial procedure in this state, the motion would hay to be filed and then placed on th. regular docket for hearing the tirEt tuesday in May, unless these for. malities were waived by MT. Alcorn. It was understood today that hr would not waive them.
 The mere filing of the motion would not act as a stay of execution,
 Charles W. Murphy of Danbury. Connecticut member of Chapmans defense staff, will visit Mir. Alcorn later in the day in an attempt to persuade him 10 cooperate with the defense attorneys.
 Plan of Argument Mir. Murphy was prepared 10 rely strongly on the evidence of two new witnesses who will testify that the accompice of Walter F. Shean. son of a Springfield Mass. hotel owner in the murder of Patrolman James Skelly of New Britain, Conn.,, was not Chapman. These witnesses will testify that Shean's accomplice was a dead ringer for Teddy Roose- welt in his younger days and weigh cd about 155 or 160 pounds" They refer to the general appearance oC the late president. Mir. Murphy will point out to Mr. Alcorn that Chan man never weighed more than 1S0 pounds in his life, and urge his ai1 on the strength of the evidence.
 on For Washington
 Ray Nj. Wiley of Springfield Mass, of Chapman's defense staff left last night for Washington, D. (. to seek stay Of execution in the United States supreme court. on the grounds of newly discovered evi dence. It was while on a train en route to New York in company with ! Frederick J. Groehl, chief defense counsel, that the decision to go into the United States supreme court was reached.
 They left Hartford about : oclocI, i soon after Governor Trumbull had refused to grant Chapman a fourth ! reprieve. Their intention was 10 take application for a federal in Junction into the United States cir cult court at New York. but upon discusson decided the Washington move was best.
 MT. Groehl was expected to return to Hartford this afternoon.
 Principal Witnesses
 One of the witnesses on who's testimony Mir. Murphy will rest strongly, is Edward Higginson. 70 year old retired farmer of Meriden. Another is 8 person whose identity has not been disclosed by the detense j attorneys. This person was a guest al the Old Colony Inn on tho night of October II when Chapman and Shean were said to have been stop ping there by the proprietor
 The witness will support Higgm- sons affidavit that Chapman was not at the hotel on tho night before Skelly was Killed, Meridcn and New Britain are only Q few miles apart and it was claimed that Chapman and Sh, an went from the hotel to the scene Of the murder Chapman offered an alihi. saying that he was in New York al the time Of the mur- der.