The New York Times from New York, New York • Page 14

"A i THE NEW YORK TDIE3. SUNDAY, JULY 13, 1013. -T? CKER'S PLEA FOR HEW TRIALREJEGTED Justice Coff Speaks of "Newly Created Evidence for the Convicted Ex-Lieutenant. DOUBTS STORY OF TRUSTY CM Affidavit Regarding Webber Highly ImprobableAttack on Juryman Haaa la MeU 8uprro Court Justlea Ooff yesUrdsjr Aenlc4 a motion for a nw trial made In thaJf of ex-Ueut. Charlea Bsck.r.

who la In Sin Bin awaiting- execution tor the mardr of lh gamblsr. Herman Rosenthal. Jutlc Ooff presided at the trial of Rwktr. The condemned man mar now ask the Appellate Division for new trial, baaing the motion on legal technlcalftles. 'An appeal front the conviction -alao la pending- in Court of Appeal on law point.

In support of the notlon for new trial there were itubmitted to Justice Coff wen ty-ona affidavit and seven statements containing- what purported to be newly discovered, evidence and also accusations regsxding Jurymaa" Haas. To mrt each document, gn affidavit was submitted by the District Attorney. Justice Ooff considered the affidavits separately. In his decision Justice said: To authorise an order for a new trial eg the ground newly discovered evl- Amrm If tn.i.r nnll br affidavit that the following requirement have been complied with, it must be such as will probably change the result of a new trial; It must have been discovered since the trial; It must be such as could not have been discovered before the trial by the exercise of reasonable diligence It must be material to the Issue; It must rot be cumulative to the former Issue, and It must not be merely impeaching or contradicting the former evidence. None of the affidavits submitted complies with all these requirements.

To a very large extent they contradict evidence offered at the trial. No sufficient reason has been set forth disclose why the matter now presented wag not brourht out at the trial, and most of the affidavit relate to matter which If true, could have been discovered before or during the trial. Moreover, the evidence now presented would not change the result it. new. trial should be granted." i Calls It Kewlr Create Brllesee.

Three of th affidavits the; Justice found to contain newly created evidence rather than evidence newly i "Two of these," says Justice Ooff. were described as being made by Whytock and Roaney, reporters for evening newspapers, and contained published Interviews with Webber on his return from Cuba, Webber was quoted In these as having said thst Becker had merely Intended to scare Rosenthal, and that the murder resulted In a drunken misunderstanding of his instructions to' his minions. Opposed to these the District Attorney ottered ststement of Lynch, a reporter on a morning newspaper, furnishing an interview with Weblxr In direct contradiction to those' of the other reporters. Webber himself denied having ever made the statements credited to him Whytock and Rooney. 5 In an affidavit made by iThomaa Ryan, a waiter, an attempt was made to prove that Schepps was an accessory to the mwrder of Rosenthal, and that way deprive the prosecution of an important 1 corroborating witness.

Ryan said that he was near the Hotel 'A well filled wardrobe adds to the joys of vacation time as a merry tune to the happy song." i Lane Bry 25 West 38th Street Between Fifth and Sixth Offer Entire Stock I At Unprecedented Reductions Coats Sale Suits Individual styles, odd sizes; the season's; most desirable modeTs" from our own workrooms and; the left-over stock of wholesale priced less than cost to make room fori early fall goods. Natty Summer Dresses i Of striped voile, tissue, linen, ratine, lingerie, challie and chiffon. Formerly to $22.50 Street and Afternoon Dresses I Striped and plain cotton eponge, in all colors, lingerie, and crepe Formerly to- $27.50 Crepe de Chine Dresses New summer styles, in lavender, white, blue and black, most desirable lines. Value $32.50 Summer Travelling Coats 1 1 Serge, eponge, polo or cotton brocade, in light shades or serviceable colors. Formerly $21.50 Attractive Dress Coats Satin, bengaline, moire, pongee, canton crepe or Oxford, with graceful lines.

Formerly $34.75 Smart Trott'ng Suits Of linen, serge, cotton eponge or woolen mix- Wijujju i. i S.90 11.75 16.75 11.50 19.75 tures, in all colors. 12.75 Separate Waists and French Blouses A choice selection of unusual models for general use or for dress wear, including voiles, lingerie, chiffon and silk, as well as! imported hand made models. Formerly to $12.75 .85 1.95 2.85 3.65 5,95 6.15 Negligees, Sacques and Boudoir Robes Our own exclusive designs, dainty and chic in appearance, Swiss, silk, crepe de chine, riplette, lace and chiffon for Jounging on warm summer days. Formerly to $29.75 1.85 3.75 6.75 9.50 14.75 19.75 1 Maternity Attire- A most comprehensive selection in all materials and colors at reductions of 35 to 65 per cent) Linen and Tub Dresses V.

1 7.50, 8.75 Foulard and Pongee Dresses, i 12.50, Linen, Pique and Ratine Skirts. 4.95, 5.85 Serge, Linen and Eponge 14.75, I6i75 All cj Hiis seasons styles, made to expand as st. Lane Bryant 1 25West 38thj st. Metiytnole when the ahoottng took place. and that Rchepps, who was si Present, sprang on the rwnnsng ooard of the automobil which carried the run-men away.

Justice Ooff found fault with this testimony on the ground that thouKh it was obtained for the trial It had not, been given at that time. It was also, be said, contradictory to the tittmony offered during the trial by Bchepps himself, Vallon. and Shapiro, the chauffeur of the murder car. These men all said that fccherss not present at the shooting, and It was largely on his testimony as one not directly responsible for the murder that Becker was convicted. Calls Affidavit Isrbable.

Another affidavit said that Rose bad In a conversation with Callahan, a trusty In the City Prison, confessed that not Becker but Webber was the real murderer of Rosenthal, and that It was only upwti the payment of $2,000 by Webber that Rose had agreed to place the blame upon Becker. Justice Goff said that while this affidavit could bave been produced for the trial It was not available for a new trial, because Cs Italian, Its maker, was dead. The supposed confession was characterised by the Justice as; highly Improbable, bo on the ere Rose's confession ie District Attorney ana Kose na expressed a fear that a dictograpa was hidden In his cell. In regard to the ease Juryman Haas, two affidavits were submitted saying that he had been seen on the streets when by Uw he should have been with the other Jurors. The IMstrtct Attorney met this document with ffl-davits of court officers, who swore, that on all the occasions when Haas was separated from his fellow-Jurors, by permission of the presiding- Justice, in order that an ulcerated tooth might be cared for.

be was accompanied by tnem, and at no time did he hold conversation with any one concerning thej Arguments offered by the defendants attorney to show that errors hd been made at the trial were all dismissed by the Justice as being Irrelevant to the proceeding. All these matters regarding errors at the trial are Included In the appeal to the Court of Appeals, which; It is thought, will hand down Its decision In October. SCHEPPS CANT PAY ALIMONY Rosenthal Wltfieea TelU Court of Hie: Failure as a Film Actbr. cannot obtain employment owing to the notoriety be acquired as a witness at tna trial of ex-Police Lieutenant Charles Bcker for the murder of the gambler Rosenthal. Samuel Bchepps.

from whom his wife obtained a divorce with $13 a week alimony fw weeks ago, ap-peared with counsel before Supreme Court Justice Morse hauser to-day and asked, for relleX from the alimony order. Scheros said he was penniless and that his wife was earning $10 a. week In, a millinery establishment In New lorg originally provided for her by him. He wore a natty gray suit, silk shirt with collar, i sn attractive Bulgarian necktie clasped with a fancy gold scarfptn, and carried! a hevy brown cane. In answer to questions by his wife's counsel Schepp iAted that he posed for a moving picture and was to receive a rorUy 'rom th concrn but because the picture did not take-with the public his royalty so far had been ay a at-MA Wat SI Arf1sFd nav i3 a week alimony to his wife automobile and followed him so clowly nmitlonl hmurhl auto to a ue wh- n.

SUIT AFTER l. i Action Begun to Annul Marriage of -j If -Year-Old Girl. Papers In a gult for annulment of marriage bave been eerved on (George LephardC years old. a chauffeur. Urlng with bis parents at 22 Ash Street.

Flushing, who two weeks agoj eloped with Helen Iowsey. 1 years old, daughter of Ir. George H. Doweey of Great Neck. L.

The pair were married by the Rev, Raymond L. Forman ef the Flushing Methodist Church- While Mrs. gave her, age as IS years whei. she obtained the marriage licence and also when she was married, Dr Towsey says is only 1C years oli James L. Iowsey, a lawyer and uncle of the girl, took charge of the ce following the news of the mar- rlTh papers were served on lphardt on Friaay nignt oy Attorney who was accompanied by Pr.

Dowsey. They saw, young lephardt riding In an 1 KILLED OVER CARD GAME. Newark Patrolmen Dead and Drum Under As a sequel of a Quarrel over a game of pinochle In a saloon at Central Avenue and Second Street. Newark, former County Engineer George F. Drum shot and killed Patrolman John McDonald.

1 To Acting Chief Ryan McDonald made this statement at the hospital! This owning stout 1 30 e-clock 1 was playing cards tn Craig's saloon. 0org Drum wu koplng iwf, iwl I ar-coal kits of looking at snjr bnl and t.Ulng Wm bad torn werila, aad then I left. and went horn. Thle afternoon about 13:15 o'clock he raate up Central Annut from Flrt Htreet. Ho apoke to me at the corner of Cnrl Avenue and Btrawl gtrwet.

and talked abetit th words we had this morning In Craig's over' the card game. Drum asked me take back what 1 raUed aim, and 1 saht I would not. He thea took a gus from his pocket, asd fired twe shots at me. The shooting occurred when two other nol Icemen were standing only a few Spiciat to Tag York Ttme a week, but the offer was wun- stop Dr wsey prang feet away. Drum banded hi- revolver juiy Wiwn o' th.

k- on vounglto one ot the ofticers ana gave mmsen JUHtlC i OrCIleUesr4 ujwuiuv i ui mj I Admitting that he has been a I IJphSdt. ana xnai up. SALOONLESS BY 1920. Motto of Christian Endeavor Fight for Nation-Wlde Prohibition. LOS ANGELES, July 12-The International Christian Endeavor reinvention outlined a nation-wide campaign against the liquor traffic to-day.

Rev. Daniel Poling of Ohio, head of the temperance division of the Christian Endeavor, outlined a programme fori the r.ght. and announced that the motto -of the crusaders wag; A saJoonleaa United 8tateo by lOiAX" Ultimately, he said, he hoped there would be a Federal constitutional amendment prohibiting the manufacture and sale of liquor. He said Christian Endeavor leaders were not satisfied with the prohibition bill Introduced In Congress by Representative Hobson of Alabama because of loopholes In It The Hobson measure." be said, "seeks to prevent the manufacture of Intoxicating liquors for Use eg beverages, but this does not go far enough. It should provide against the Importation or exportation of Honor a.

'326 'Fifth Ave. Between 32d and S3d Sale Don't think because this Advertisement that it does not contain the essence of exceptional values. We roust dispose of our surplus stock. I Linen Dresses were $12.00 to $25.00 5.00, 7.50 Voile Dresses were $25.00 to $45.00 10.00, 15.00 Silk Frocks were $33.00 to $60.00 20.00, 25.00 Silk Fancy were $30.00 to $35.00 15.00 Evening Gowns less than one-half forrner prices An wnere lntlvtduHtr la dre eaa be found yrica. 4 I.

i A gtsnriortorem inAVcsi Fprty-second Street' the early part' of September, Announce that in order to effectan immediate clearance of stocks prior to removing Re moval Reduct ion Sales! throughout their present establishment. As all the mercnanaise io dc soiu 13 to I i i lrnt, To-morrow the following departments will be specially featured i American Kugs, Carpets and Lanoleums i Also their Entire of Summer Floor Coverings, Women's and Misses! Midsummer jj i rr Ptc onA 'HllRtPrS. alsO HoUSC comprising tne remainaer oi cresses, Linen ouiu, oput i. Gowns and Negligees, affording a rare opportunity to procure the best class of garments 1 At Extraordinarily; Low Tub Skirts, of Imported Novelty j-n Ratine, in checks and stripes, at Tub Skirts, plain fand striped Cotton and Linen Fabrics, with; new at 2.25, 2.95, 3.50 Woolen Skirts, of Shepherd Checks, Black. Navy 1 I lnal 1 ana wnuc ocrc, iu uv a cVL Dresses, of Flaxon, Tissues and Voiles, with embroidered collars! te en and shadow lace at O.OU I Dresses, of Ramie Linen, in all i desirable colors, trimmed with lace, faggoting and buttons, at O.OU, O.

r. -i I Dresses, of Eponge, Ratine 0 and Novelty Crepes, at 9.70, l.OU Suits of Linen, Jute, Ramie; and; Eponge, in stnctly and demi-tailored models, styles, at 8.75, 11.00, 15.00 7.50 Women's and Misses' Outergarments Sport Coats, of White Polo Cloth and Worumbo Chinchilla; one i nri model bound with silk braid, at Sport Coats, of White and Colored I Plain and Novelty Eponge, Bedford Cord and Suede Cloth, lihed with fine quality Peau de Cygne, at 1 Automobile Dusters, of Linens and Ramies, in natural, tan and all desirable colors, at $4.25, 7.75 Automobile Dusters, of superior quality Mohair, in navy blue, black and gray, well tailored, also Silk Pongee, three full length models, at 10.50, 13.75 Women's House Gowns and Kimonos, of Plisse Cotton Crepe, with jingerie collar, Valenciennes lace Kimonos, of Novelty Cotton Crepe, QXL trimmed with point d'esprit net, at viOa Kimonos, of heavy Crepe deChinei, in pink, light blue and lavender, trimmed with lace arid hand emb'd, two models, OU House Gowns, of Dotted Swiss, Emoire stvles. trimmed with Valenciennes lace, medallions yr fin and ribbon, four models, at O.OU House Gowns, of Empire and straight line models, elaborately nana emDroiaerea, heavy Crepe de Chine, at 8.00 House Gowns of Chiffon Cloth, Lingerie and Shadow Laces, jq r-rj io'ca i A in simple and elaborate styles, broken sizes, at a.iv i )' Women's and Misses' Bathing Dresses of Satin, Taffeta, Messaline, Mohair, Silk and Wool Serges are shown in large assortments, aiSO Aompieie Lines OI oauung And in addition To-morrow, Very Exceptional Values in Women's Messaline Silk Bathing Dresses, One Piece, in Black and Navy trimmed with plain and fancy silk, Women's Satin Dresses, One Piece, with braid or embroidered trimmed collar and cults, Bathing adt5.85 To-morrow, Monday, an Important Clearance Sale of Grade i Novelty and Plain Dress Silks at U.15, 1.50 14500 Yds. Fancy Silks, comprising Printed and Broche Effects, ii Crepe de Chines, Chiffon Fancy Taffetas, Fleur de Soie and Brocades, Regular prices Irom 22.75 to 0.50; Yard jl 6500 Yds. Crepe de Chine, 40 inches wide, in a full line of street and evening 4 colors, also white, ivory and black, Regular Price 2.00 Yard, Imported Washable Habutai Silks, 36 inches wide, 1 for Waists, Summer Dresses and Shirtings, 'Imported Black Japanese Silk, 36 inches wide, perspiration arid water proof, for Summer wcr Imported, Black Satin Charmeuse, 42 inches wide, Suede finish, i Regular Price 1 .00 Yard at 1 Regular Price 85c Yard, at Regular Price Yard, at 1.45 65c 58c 2.25 Also To-morrow, will be placed on sale- ah Advantageous Purchase of 95 Pieces Imported Dress Linens i- 36 inches wide, pure yarn dyed flax, in a large assortment of this season's most desirable shades, also black and white, Regular Price SSC 5500 Yards Novelty Silk Border Voiles A V' Regular Price 75c Yard, at I 45 inches wide, in an extensive variety of attractive designs and colorings, 29c 38c Imported and Domestic Parasols At Greatly, Reduced Prices Plain Silk Parasols, in; the hew shirred model, in all desirable colors, also wide Black and White Stripes, Value S3 .00, at 1.95 Black and White Striped Parasols, with handsome floral borders r- and novelty effects, -Value 4.50, at 2.85 Men's and Women's Black Silk Umbrellas, extra quality, mission and natural wood handles, Actual Values from $3.00 to 3.50 at 1.95 At One-Third to One-Half Less Than Their Former Prices 6 by 9 Value 27.00 to 36.75, $19.50 to 27.50 9 by 12 j.

37.50 60.00, 25.00 "U5.00 High Grade American Wilton Rugs, 27 by 54 ins, Value S4.25 to 6.50, $3.50 to 4.50 36 63 7-5 9 50, 4.95 7.25 i 8 ft. 3 by ioft. 6, Values from $3 5.00 to 54.00, at $23.75 to 35.00 I 4 Larger Sizes' at Corresponding Reductions 2500 Yards Higji Pile Plain Carpets, in all the best Regular Price 3.85 Yard, at Regular Price 65c to 1.60 Yard, at 90c 3x6 fi.t VaIue2.oo, 3.75 912 ft-, 15-00, 35c, 78c Printed and Inlaid i Linoleums, in wood and tile effects? cut from full rolls, Homespun Rag Rugs, in- solid colors, 24x36 Vralue $1.00 45c 30x60 Value $1.75, at 4x7 feet, 4.oo$1.95 6x9 eet, 7-5, Belgian Fibre Porch Rugs, 'j Value $3.50, at $2.25 47 ft-t Valuc $5-5i $3.95 9x12 Value 21.00,' Grass Rugs, 9x12 Value S9.00; at 4 ft. 6 17 ft. 6, Value $2.80, atf $1.95 lis of 40 yds, Values 13.75, 18.50 and 25.00 at $1.25 7.50 Japanese rolls .80,9.85,15.00 Artistic, and Practical Furniture comprising Complete Suites and Separate Pieces in the most desirable styles, woods I and finishes, also a large assortment of Art'Noveltics appropriate for use with any style of furniture.

Among the Exceptional Values offered are the following: Dining Room Furniture Mahogany Buffet, Formerly 90.00, at $72.00 OU.UU, 28.50, 70.00, 58.00 21.00 55.00 11.50, 16.50, "1 8.75 12.50 China Closet, to Serving Table, Extension Table, Side to match, with leather slip seats, Arm Chairs, to match," i Sheraton Mahogany Suite, Four pieces, Formerly 242.56, Bedroom Furniture Circassian Walnut Dressers, I Formerly 48.00 and 60.00, at $35.00, 43.50 Circassian Walnut Chiffoniers, Formerly 44.00 and 60.00, at 31 .00, 44.00 Mahogany Colonial design, Formerly 62.50, at 44.50 Mahogany Suites, Three pieces, i' Post Colonial design, Formerly 225.00, 175.00 Also' a collection Odd Pieces, including Bed steads, Dressers, Chiffoniers, Toilet Tables, Cheval Mirrors, Buffets, China Closets, Serving and Extension Tables, at Corresponding Reductions. Living Room Furniture Morocco Leather Arm Chairs, in green and brown, Formerly 57.50at 33.00 Fireside Chairs, 70.00,!" 45.00 Mahogany Davenport, 'in Spanish leather, Formerly 87.50, at 5850 Mahogany Chairs and Rockers, I upholstered, Ranging from 14.75 to 25.00 Library "Furniture Mahogany Tables, Colonial Formerly 22.50 and 45.00, at $18.50,37.50 Mahogany Bookcases, i Formerly 3.00 and n8.oo,5 at $45.00, 74.00 Mahogany Bookcase and Desk, hand carved,) Formerly 432.50, at 315.00 Mahogany Novelty'Furniture Complete assortments of Tea Wapons, Magazine Stands, Tabourets, Pedestals, Clocks, Music Cabinets, Sewing, Tea, Folding, Curio and Writing Tables, including. Very Special Values in Sewing and Tea Tables, at $11.50, Muffin Stands, Brass and Enamel Bedsteads and Bedding Brass Bedsteads, i in all sizes; satin or bright finish, with two inch continuous posts, Formerly 20.00 and 23.50 Rrntt Ri mralnw Rfltarl. two styles, Formerly. 8.00, at 6.00 White Enamel Bungalow Bedsteads, i Formerly 6.00 i at $4.50 Special Black Hair Mattresses, full size Formerly 24.00 and 29.00, at 24.75 13.75 55 Woven Wire Springs, in all sizes.

with roll edge, Formerly 7.50, at 4.75 Box Springs, in all sizes, with olain or fancy ticks, it 9.75, 13.50, 19.50, 24.50 Formerly from 12.50 to 30.00 1 i 1. Layer Felt Mattresses, full size, Formerly 10.50 and 8.00, at 7.75,! 13.50 Also Monday, a large collection of very desirable Hand Embroidered Real Madeira Decorative Linens At One-Third to One-Half Their Actual Values I' Napkin Each Centre Pieces, Show. Towels, Cushion Covers; "Dresser and Buffet Scarfs, 45c, 55c, 65c 95c, 1.25, 2.90 $2.75, 3.50, 3.95 2.75, 3.90, 4.25 A 2.25, 3.75, 5.75 Doyleys, Tea Napkins, Tea Cloths, Luncheon Cloths, Luncheon Sets, Doz. $1.40, 3.75, 5.25 4.90, 5.25, 6.25 at 5.25, 7.50, 9.25 7.50, 10.50 11.25 4.50, 5.25, 6.75 Mail and Telephone Orders! receive prompt and careful attention. Telephone: 4000 Gramercy 'A- A A West Twenty-third arid West Twenty-sebond Streets A 0.