The Detroit times., 1912-10-25
BECKER TO APPEAL
TO HIGH COURT


|. from the assaults OF the district at
ltorney. But he accepted the belief
that the verdict would not stand and
was prepared to philosophically await
the action OF the court OF appeals.
Mcintyre and his associate coun-
sci said that they would appeal the
case Immediately. In fact realizing
that the decision would almost GER
/. jtainIy he against them, they have
been carefully preparing their facts
for the appeal and will file the notice
. Immediately after sentence is passed
on next Wednesday.
The verdict was complete sur
prise 10 nearly everyone that had fol-
. lowed the case closely. District At
torney Whitman, who prosecuted, and
his assistant, Frank Moss. admitted
today that they had expected dis
agreement and that the most they
had looked for. IL a verdict were re-
turned, was one OF second degree MUIR
der. SO far as Attorney Mcintyre was
concerned, however, he had little
hope from the time the jury went
out. He made IL plain that, while he
was not criticising the court, he be-
lieved the jury could do nothing un-
der the charge but convict and the
only hope he had was that some Of
the jurymen would hold out against
the death penalty and bring about
disagreement.
II was stated at the Tombs today
that Mrs. Becker will be permitted
TO visit her husband daily until he is
taken TO Sing Sing.
Members of the jury refused 10 DIS
Icuss details of their deliberations a
Though 1t was learned that the II
were always in the belief that
Becker was guilty. The first ballot
was eight for first degree and four
for second degree
District Attorney Whitman said
that he expected an appeal but be-
llieved the verdict was just and would
stand. An attempt 10 get statement
from the police department failed,
deputy Commissioner George Dough
erty saying II had been agreed not TO
talk about the case.
The 12 jurors filed into the court
room at 1855 o'clock, last night. A
minute later the defendant was
drought in from the Tombs. Justice
lGoH had not yet entered the room and
flor a moment Becker took side
lscat.
| AS he waited he scanned WITH
anxious eyes the faces OF the jurors
but none of them returned his gaze
A tense silence prevailed.
! AZ 1857 o'clock, Justice Con en-
lter9d the court room. The jury roll
was called The clerk then asked the
Jurors if they had reached verdict.
I'VE have" announced Foreman
Skinner. The jury rose.
I'VE find the defendant guilty as
lcharged in the Indictment" Mr.. Skin
lner said, slowly.
do you find the defendant guilty
of murder in the first degree as
cha ged in the Indictment" asked the
clerk.
I'VE do" the foreman replied.
The court then directed that the
roll OF jurors be called for their In
ldiyldual verdicts. AS he repeated the
question: do you find the defendant
guilty OF murder in the first degree as
icl.arged?7 each juror answered: i
do - ~
! Becker stood /. at the bar with
squared shoulders. head erect. Not
a muscle moved in his face, but he
Swallowed hard, That was all.
I When the last juror had answered.
Justice Goff instructed the clerk to
take the defendants pedigree. Becker
ianswered the questions in low, firm
voice. A court ofio er brought the
Questions TO him, written on a slip
OF paper. and as the prisoner read
them to himself. he replied
! "Forty-two years old. American
lcitizen, born In Germany; address,
1929 Audubon-ave.: lieutenant Of po-
lice; married. Protestant: mother
living: habits temperate; never con-
tvicted before"
! When Becker's voice died away, Mr..
mcintyre, who had covered his face
lwitn his hands as the verdict was
given, asked that all further proceed
ling5 DE deferred for one week until
I can prepare the proper motions for
appeal,
Il will defer sentence" announced
iJrstice Con, until Oct. 80. and re-
ma1d the prisoner until that date"
The jury had been out exactly seven
hours and 81 minutes.
| Becker gave a fieeting glance at
the judge and rested his eyes for a
moment on the jury. Then he turned
and followed by jail warden walked
with unfaltering. rapid step up tho
aisle of the courtroom and disappear
led through the door leading over the
"Dridge of sighs" to the Tombs.
The jury had deliberated nearly |
eight hours before reaching the ver- |
/ dIct, although the case had been In |
their hands since 2:20 this afternoon.
Actual deliberation began at 4:07 |
O'Clock, when the doors OF the jury |
room swung behind them on their re-
turn from luncheon.
! The penalty for murder in the frs: |
degree is the electric chair. An ap-
lpcal from the verdict goes directly
to the court of appeals at Albany and
acts, of course, as a stay OF execution.
! Herman Rosenthal was shot TO
death in front of the Hotel Metropole
| early last summer, after he had made
2 statement to District Attorney Whit.
man exposing the relations existing
between officials OF the police depart
iment and gamblers and denizens OF
1.-THE underworld. in which he implicat-
cd Becker, head OF the police raiding
squad.
/ The indictment OF Becker, followed
the confession of ''Baldy Jack" Rose
tha; Becker had ordered east side
/ 50 - a L..