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The daily press. (White Plains, N.Y.) 1929-????, May 09, 1929, Image 8

Image and text provided by White Plains Public Library

Persistent link: http://dev.nyshistoricnewspapers.org/lccn/sn2001062090/1929-05-09/ed-1/seq-8/


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I UK DAILY PRESS. DISORDERLY crime uf 'feloniously. wilfully. un» lawfully and wrongfully poosraeimi metal knuckle* after having been previously convicted of a crime.' -Your petitioner also oariMtoia that he could not possible be the same Roy H. Sloane mentioned In said indictment, because the Roy H. Sloan* mentioned In aald Indict ­ ment. was convicted In the County Court of Woslcbeater ■ County on the Hth day of March.' 1937. for the crlme of grand farc*ny In the first degree; and It was by virtue of said grand larceny conviction that the said Roy H. Sloane was Incaracled In Bing Bing Prison where the crime of feloniously possessing metal knuckles Is alleged to have hen committed on October 13. 10rr \But your petitioner was never convicted In the County Court of Westchester Qounty for the crime of grand larceny In the first degree, at any time In hla life that he can recall. Therefore, your petitioner could not possibly be the same Roy H. Sloane as Is referred lo In the aforesaid Indictment. \In fact your petitioner verily h. - Ueves that the said Roy H Sloane mentioned In said Indictment Is some mythical and fictitious person who does no! exist In the flesh, but merely In the Imagination, and who Just happens lo be burdened with the same name as your petitioner.\ Because of this novel point. Sloane now asks acaln for a trini by-Jury on the metal knuckles in ­ dictment on the \question of Iden- 'uty.\ Judge Close will denied on the point in the next few days May Appeal lo Governor II Is understood on reliable au ­ thority that Influential persons, who have become Interested In Sloane 1 * raee are planning an ap ­ peal to aclIng-Governor H H. I<eh- j man. Purchaae. In the near future; lo conaider the plight of the former mandatory (People v«. O'Connor! 37 Mlac. (7«>. At, therefore, follow* lhat the application for a new trial hot having been madr within one year. this court la powerless to act In the matter and 1 the defendant must have recourse to the chief ex ­ ecutive of the state for his remedy, if he Is entitled to any. • In People vs. Doyer. *0 Mine. 333. the court said: •' ‘ As to the contention that the court In Its general powers and In the Interests of equity should order a new rtlal. It Is enough to say that If the papers presented In sup ­ port of the motion are sufficient to prove that the conviction was er ­ roneous. the relief sought for can be as well obtained by application to the executive, for a full pardon, removal of disabilities and restora ­ tion of civil rights. \ 'The same facts that would move the court to order a new trial would certainly Influence the de ­ cision of the governor.' Edward Janero of 9 Richard street and Thompson Censulto of S3 Ferris avenue, pleaded guilty to aftarges of disorderly conduct In City Court this morning and were fined $10 dfch by Judge William Oray. Janero and Ceneullo were ar ­ rested for fighting In the street. Brought .Into police headquarters fkte yesterday both showed a strong desire to take off their coals and finish the “ friendly argument\ — as they called It — which had been In ­ terrupted by police eumreoned by a neighbor. r charging him with feloniously poe- i seselng metal knuckles after hav- ■ Ing been previously, convicted of a i felony, lo wit. grand larceny. 1 \It appear* lhat on the fourteenth ; liny of March. 1027. the-defendant 1 wns convicted of the crime of grand ‘ Imceny, first degree, and sentenced : to Sing Sing prison. While an In- ! mate In the prison, hr was Indicted for possessing metal knuckles ’ as [ shove set forth and upon trlsl of ; as Id indictment held on the thir ­ teenth day of December. 1827. he was found guilty anti sentenced to ! an additions! term In Sing Sing . prison. '■Thereafter, and within one year from the time of his conviction up- . on the grand larceny indictment, he - madr a motion for a new trial on i the ground of newly discovered evl- i derice This motion was granted and . upon such new trial he was found I > not guilty 1 “ He-now moves this court for a new trial on the Indictment charg-1 ; Ing him with possessing metal 1 knuckles after having heen pre- vinualy convicted of grand larceny upon \the grounds lhat such convic ­ tion had been reversed. “Section 463 of the Code of Crim ­ inal Procedure provides . that new . trials can only be granted In cases provided for In section 463. The de- | fendnnt Is moving under sub-divi ­ sion 7 of ifci-llon 463. but this court N Y 101. People ex rel Jerome V. General Seselon* 185 N Y 304. Peo ­ ple V* Bonifacio 119 A. D. 719, Peo ­ ple vs Lobe 123 N If, 379. ' “ Motion for a new trial denied and defendant demanded lo prison.\ student of Columbia University, who attracted wide attention through bia personal handling of the metal knuckles trial and his second trial on the larceny indict ­ ment. makes his new motion on the ground that ht cannot be the per ­ son named 'in the metal knuckles Indictment since that person was a felon. Convicted of a former charge, whereas he. the real Boy H. Sloane. ts acquitted of such crime. A portion of hla motion, now be ­ fore Judge Close for consideration, ■highly technical aqd ' remarkably unique In-Its legal phraseology, fol- Not Sams Terson That your petitioner contends he Is not the same Roye H. Sloane that la mentioned In the aforesaid Indictment, or who la alleged to have been convicted on said Indict- mant In tha County Court on the Ulh day of December. 1927. for the 92011 rtracted by Mr. Daly's with ­ drawal of objections. The larger share of the aetata of Mlaa Brennan, slater of the lata John F. Brennan, for many years chief counsel for the New York Central Railroad Company, will now pass to beryoung protege. Am ­ brose Brady. The will gave him a sum of $10,300 with which to com ­ plete hla education, an automobile, and made him one of four residu ­ ary legatees. The other three residuary tecUve Hughes and Murray i When Users Are Boosters no finer tribute could be paid any product l AND USERS ARE ENTHUSIASTIC in recommauling GAS tor HOUSEHEATING! -- • . -p As a matter of fact, many new installations of gas-fir ed equipment in Westchester County can be traced to the reayrimendaiions of satisfied users. It is significant \that people who use gas exclusively for heating call it “ the ideal fuel.\ Throughout our county home owners and business men arc now thinking about next winter ’ s fuel supply. fe Perhaps a large number arc considering another method of beating their dwellings or places of business. We would be pleased, indeed, if these folks were to ask persons ' who used gas fuel last winter what they think about this type of househeating - This would be a typical reply: \My home is kept at a uniform temperature by gas, mid it has complete freedom from dirt, odors and ashes. Moreover, furnace tending worries are no longer mute. The winter's supply of fuel comes by pipe line from the Lighting Company s holders direct to my heating plant, ready made, rcafly to bum. And I do not have to pay for it in advance ! I find the cost on a basts comparable to any other fuel, when its comfort, convenience, control and reliability are considered. Cos IS the ideal fuel. I'm mighty glad I changed to it! Oh, yes. I now have a billiard room where the coal bin used to be!\ Let us tell you more about heating your home with GAS 'Phone . White Plain. 4048 =M ail T his C oupon = WESTCHESTER \UGHTINQ COMPANY. * 5TCHE5TER LIGHTING COMPANY.* 1! DEPOT PLAZA. WHITE PLAffiS. S. T. Westchester Lighting Company — O. G. BENNETT, Manager F resh B utter The price is surprising for butter so .high in Quality! Both our tub and SUNNY- FIELD print butter are chtimed from rich, pasteurized cream. Made by master butter makers in the heart of the Nation ’ s finest fhdryland .. . and brought freth to AAP stores always. FRESH PRINT BUTTER SUNNY FIELD in carton mr -m — four J* &. prints of lib. O i FANCY FRESH BUTTER *49 c Finest QUALITY MEATS Every cut of meat offered at A*P market! presents value of amazing worth. A* P markets are stocked with famous foods, household needs and fresh fruits and vegetables, too. Prime Ribs of Beef a 39 c (First Six Riba) Wilson ’ s Hams I^ ho S? ,„.27 c Shoulder of Veal *reD i b 27 c Choice FRESH FRUITS and YEGETABLES SPAGHETTI or NOODLES ... here i. a value worth taking advantage of to the extent of buying for your future needs. CANNED FRUITS ASSORTED VARIETIES .. . rich, sun- Q ripened fruits in their own natural syrup. Buffet size tins. SARDINES BLUE PETER BRAND .... Imported A Norwegian sardines m pure olive oil. Delectable little fish. Here are tonic-foods ... heartily endorsed for healthy dicta-To ur family doctor knows the wisdom of fresh vegetables and fresh ferula foe every noon-time and dinner menu. In addition to the specially priced items listed below, all AAP food e4 carry a complete line of fresh fruit* and vegetables. lition to the specially priced iten i complete line of fresh fruits a NEW CABBAGE PINEAPPLES . STRING BEANS • 3 n>*. 13c • • 2 =£ 25 c . : '£L.29 c 1 Easf Port Road, White Plaint Marline Aye;, cor. Lexington Are., White Plaint THE GREAT ATLANTIC & PACIFIC TEA CO. EASTERN DIVISION Mayonnaise BU iMu$i? oa< >-2Se N.B.GPantryAssortment j4 19c Ketchup T? 13c tC 19e CometBrown Rice . rk» 12c PiePs obd S i • • • 6k«t 25c C&C Ginger Ale < 3KEm* 2 ^ 25c Lu w . . 3 72 . 2** Del Mease Pieasee .2 t. 1 2Se Dei Mouse Prone* ‘ Cigarette* . . . SHREDDED WHEAT 2 ^ 19 * MUELLER ’ S MACARONI 25 * 28 * >-*»»s n.is n ’ s Soap Ammonia Aim

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