New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-10-26

call upon the District Attorney, that
any of his clients intended TO plea"
guilty to murder in the second DEGREE
He contended that the verdict In the
Becker trial would not affect the cases
Of the gunner one way or the othei
He said all the gunner were ready anu
willing and anxious to go to trlal' ait'
that eighteen or nineteen witnesses
would be called to testify for the de-
fence in each case.
The four 1nformers," Rose, Weoer'
WALTON and Schepps, apparently are
anxious to get out Of their prison guar
ters. now that the Becker trial mas
ended and they have given their tes'i-
nonv I'm that case. Rose was the hrst
j one to seek his release, at least 10 more
congenial and healthier surroundings
from the District Attorney through MS
counsel yesterday.
Sam" Schepps became greatly IN
dignapt when arraigned again yester-
day in the West Side court as va
grant" and recommitted to the west
Side court tail. He demanded his re-
lease now that he had done MS 1uli
duty by the District Attorney and ne
Gent his counsel, Bernard Sander down
To Mr.. Whitman's Office to ascertain
his status.
Release Highly improbable,
The District Attorney pointed out
that while the counsel for the -FOUR
men who were the principal witnesses
for the state against Becker had the
right to appear before Justice Con ana
demand their release on bail, the DIS
trjct Attorneys Office also had the
right of demanding that heavy ball De
fixed, sufficient probably to hold them
as material witnesses for the state at
the trials Of the other defendants III
the Rosenthal case. 1t Is highly uh-
likely that any one of them Will be re-
leased until the Rosenthal case is en-
tireIv cleaned up by the District Attor-
ney's Office.
Rose and Schepps, ct least wouia
like to get out on nominal ball. WHICH
they could obtain it was said' ana taAe
up a secluded residence somewhere out
of the city where the District Attor-
ney's office could be in touch with
them, and they would be available as
witnesses for the future trials.
There are two uncertainties in any
such move which will probably pre-
clude the possibility of the District Al
torney's consenting to any such ar
rangement. In the first place, 1t would
be the fear for the personal safety o.
the witnesses and the possibility o.
their being spirited away by hostile
forces; and, second, a natural doubt as
to whether they would not take 1t into
their own hands TO make themselves
scarce. It may be that Rose or Schepps
will be transferred to the House Of De-
tention.
Counsel for each of them insisted
Yesterday that their surroundings IN
the West Side prison had become mos
unhealthful and almost unbearaole.
This particularly was the case with
Rose. j. vi.
Rose is anxious to get out Of the jail
because of his poor state Of health, II
for no other reason, said Mr.. Sullivan
He is under the care of two doctors
and is in bad shape. The ordeal which
he went through at the trial did not
improve his condition. I believe Mr..
Whitman will be taking big chances in
keepIng him in the West Side prison.
don't believe his health will hold out
there much longer.
He would like to get away and avoid
testifying any further, if he could
While he would be an important wit
ness in the other trials he is not
necessary one. We have kept our
agreement with Mr.. Whitman is every
particular. I expect a fulflment OF
our agreement in the same spirit that
we did our part. The asking OF pro-
bibitive bail by the District Attorney
would in my opinion be a breach Of
good faith
When Schepps was arraigned In the
West Side court he insisted that ne
should be released Immediately. He
.berated his counsel when he learned he
had agreed to the request Of the Dis
.trict Attorney 10 keep Schepps in the
iail for another week. District Attor-
new Whitman and Mr.. Sander both
had telephoned to Assistant District
Attorney Sullivan, who is assigned to
the West Side court, that Schepps must
be held for at least another week. The
arraignment was postponed until Mr.
Sander could get to the court,
Thinks Story Convinced Jury.
schepps told his lawyer that he didn't
see where Mr.. Whitman got off, to
keep him penned up after he had done
his full duty to the county by telling
his story. He believes IT was his story
that convinced the Jurors of Becker's
guilt. and thinks the county owes him
q debt of gratitude which 1t repays
poorly by keeping him in jail it is said.
Magistrate Herbert finally remanded
schepps back to the court prison until
Monday. when he will be arraigned
again.
II was learned yesterday that
schepps's story was not the convinc-
ing testimony which led the Becker