New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-10-30
Gives Illness of Mcintyre as
Reason for Wanting Another
Lawyer to Prepare and
Argue Appeal Case.
TO BE SENTENCED TO-DAY
Agrees to Make No Statement
in Court and Will Probably Be
Taken at Once to Death
House"-Gunmen Don't
Fear Shapiro.

Onfthe eve of his sentence TO the cleo
trio chair Charles Becker, who was
convicted of the murder of Herman
Rosenthal, announced last night that
he intended to change mis- counsel for
the preparation and argument Of the
appeal of the case before the Court of
Appeals.
Becker gave the illness OF John F.
Mcintyre as the reason for considering
new counsel. John W. Hart, who was
associated with Mr.. Mcintyre In
Becker's defence, will appear for the
condemned man when he comes up for
sentence before Justice Goff to-day.
The sentence of death will he pro-
nOunced at 1870 a. m. Because of
Becker's recent inclination to discuss
his case MIR. Hart visited his client in
the Tombs yesterday, and extracted a
promise from him that he would not
attempt To make statement in court
Ab-hdgs hN "ii'i' iA'N''N'''H - ~
likely TO occupy more than few min
utes. The prisoner will be given into
the custody of Sheriff Hamburger fol-
lowing his arraignment
The Sheriff said last night that un-
less the court granted a restraining or
der on the request OF counsel he in
tended To start for Sing Sing with
Becker within two hours after he had
been sentenced.
During the trip from the Tombs to
the death house" at Sing Sing Becker
will be under close guard. The pris-
oncr will be shackled to one Of Sheriff
Harburger's assistants. a deputy
sheriff and three guards from the
Tombs will reinforce Sheriff Harburger.
District Attorney Whitman said last
night that William Shapiro, the chsuf-
feur of the murder car" which con-
vcyed the four gunmen TO and from the
scene of the Rosenthal shooting. had
made complete confession" I'm the
form OF an affidavit during two-hour
conference yesterday In the District
Attorneys office, at which Mr.. Whit
man. Shapiro and the latter's counsel,
Aaron J. Levy, were present.
Charles G.. r. Wahle, counsel for the
four gunmen. when told Of the confcs-
sion Of Shapiro last night said he
would discount the identification Of
Lefty" Louie, Whitley Lewis, "Dago'
Frank and "Gyp" the Blood by rep
utable witnesses at the trials He de-
cIarcd there was no chance of any Of
his clients making "A confession" as
they had nothing To confess, and none
of them intended TO submit plea for
lesser degree OF murder.
The gunner, through their counsel,
issued a signed statement from the
Tombs denying there was any dissen-
sion among them. They said all were
willing and anxious to go to trial and
were confident of acquittal.
Though District Attorney Whitman
declined yesterday to discuss the possi-
bilities Of the acceptance Of a plea Of
murder I'm the second degree or first
degree manslaughter from Red Phil
Davidson, the slayer OF big Jack"
Zelig, whose trial will be called to-day
before Justice Goff, 1t is understood
that the defendant, through his coun-
sci, James w. Osborne, will submit a
plea for lesser degree Of the crime
charged when his client is brought to
the bar, following the arraignment and
sentence of Becker.