The sun. [volume] (New York [N.Y.]) 1833-1916, 1912-10-25
fury be allowed TO examine the testi-
mony taken at Hot Springs"
Justice 0off said simply:

jury be allowed 70 examine the tesu.
mony taken at Hot Springs"
Justice Goff said simply:
II deny the request"
Then It seemed perfectly evident that
the best the defence had hoped for after
all was the inability Of twelve men to
agree on guilt.
The minor surprise Of the night was
dwarfed by the compelling one Of the
verdict itself and the degree Of murder
which It specified. This was the fact
that the Jury had announced to no one
unless II was q private message to the
Justice that they had reached verdict
Before they took their seats the
understanding was that they had come
back to the court 70 ask for further in
structions. That was the understanding
that Mr.. whitman and Mr.. Moss had
and that was the word that had reached
the Becker lawyers. The District At
torney and his assistants were convers-
ing In the formers private Office at HAS
p. NJ. when they got word that the
Jurors wanted more instructions.
verdict Not Expected.
"Justice Goff has been sent for" said
Mr.. whitman, land will he here in
few minutes. Haven't the slightest
idea what the Jury seeks information
about now. 1t looks more like a dis
agreement than ever"
with Frank Moss Mr. whitman
darted into the elevator and was taken
to the first floor Of the court house. He
rushed into the court room and took
his seat just as Mr.. Mcintyre and Mr..
Hart arrived. Justice Goff appeared al
most at the same time. but even then
there was not a hint that the jury was
coming in for the last time.
Lieut. Becker was brought from the
SherlfY's ONCE on the third floor OF the
building, where he had been conf
IDENTIFY Willing away the time. Escorted
by q Deputy Sheriff he was taken to the
bar Of the court Then 1t was that the
onlookers realized that the verdict was
imminent.
There was some noise and confusion
at that time. which was 1855 p. NJ.
There was a scuffling Of feet, scrapiny
Of chairs and a subdued murmur of
voices as men whose business It was to
get the news for the world settled into
their chairs.
The slight disturbance. magnined by
the gravity Of the occasion. annoyed
the Justice. He looked up sternly and
addressed the captain Of the court
room squad.
"If any one creates a disturbance in
this court room," said Justice Goff
"bring that man before me-"
The silence that fell after this ad-
monition. and order was therea Ter
unbroken until the clerk Of the court
addressed himself to Foreman Skin
ner of the jury.
At the first words OF Edward r
Carroll. special Deputy Clerk Of the
county OF New York. John F. McIn'
tyre raised himself over the counse
table to make his last fight in thi.
trial for his client. II was then tina
Mr.. Mcintyre requested that tht
Jurors have an opportunity to scan th'
Hot Sprirs;s testimony bearing on th'
completely or non completely OF San
Schepps.
schepps the Turning Point.
There. as It came out, was the turn
ing point Of the whole case. Earlier II
the night the jury had requested tn
privilege Of reading that testimony MI
Mcintyre had objected on the groun'
that all Of 1t had not been admitted II
evidence. He asked Justice Goff to SEN
to the jury only such parts OF the Ho
Springs record as had been read in evi
dence-parts favorable to Becker. Thi
request was opposed by the District At
torney. who was supported by the cour
The jury Immediately wanted to kno'
which side had refused to submit tn
Hot Springs testimony. but Justice Col
declined to give them that Information
His request denied at the last mo
ment. Mr.. Mcintyre sank back into hi
chair. Clerk Carroll turned again t
Foreman Skinner.
There was a pause of several seconds
One had time to survey the twelve me
who had entered with a bearing an
with an expression Of face that shove
the stress through which they ha
passed. Mr.. Skinner. foreman, who ha
smiled frequently on previous days. SO
stern and imn,ovable.
Mr.. Warren. Juror No. 8. who ais
had been ready,with his smiles and WI
had been the very picture OF amis
bility and good nature. sat with fat
like stone. Mr.. Fellheimer. No. IL. WI
IL naturally ruddy Of complexion. W.
deadly pale. The twelfth juror. M
Haas, a rotund, blue eyed. kindly gentl
man. whose pleasant qualities have bee
very much in evidence. was perhal
In0 most uIStuTUcu oA diis oo AnA 90 w
ward indications went.
That Jurors hair was rumpled. Dal
circles had formed under his eyes al
the kindly set Of his face had hardene
Man for man. lone glanced down Il
double row. the Becker jurors look
like men who had done something tn
II hurt them to the very soul to do. b
which they believed had to be dor
And II developed later there was tru
In this estimate.
All Question of Degree.
At no time In the nearly eight hou
Of deliberation had there been q que
ton as to Becker's guilt Tho matt
that taxed their hearts and intelligen
was the degree-whether they shou
md q verdict that might mean death
Q verdict that might mean life II
prisonment.
Not one man Of tho twelve look
then toward Lieut. Becker. Eve
pair OF eyes was turned toward I
clerk Of the court. Becker. standi
easily. with his hands clasped on I
railing in front OF him. surveyed t
Jurors critically, but with no appare
apprehension.