The Birmingham age-herald., 1912-10-26
Mcintyre Says Charge to Jury Injured Chances
 of Defendant
VERDICT AGAINST
 WEIGHT OF EVIDENCE
If Appeal Fails, Becker Will Go to His Death During the First Week of December-Try Four
 Gunmen

New York October 25,-Police Lieu tenant Charles Becker spent his hours in the tombs today planning his fight to annul the verdict of the jury which convicted him last night of the murder of the gambler, Herman Rosenthal.
 Becker has lost none of the iron nerve which bore him through the trial and the ordeal of hearing himself con demned as guilty. if his appearance and every action today count for anything He awoke refreshed from a sound sleep and after a hearty breakfast summoned his chief attorney John F. Mcintyre.
 The two conferred for more than an hour and later MT Mcintyre announced that immediate notice of appeal from the verdict would be filed. Without ' this appeal Becker. who is due to be sentenced next Wednesday, if the usual procedure were followed. take his seat in the electric chair the first week in December. The filing of the notice. however will act as stay and it is not impossible that many months will elapse before the ultimate fate of the convicted man.
 In d recent case two years passed before the appeal for a first degree murder was settled
 Says Charge Was Partial
 T don't mind saying that we expect { a reversal,p Beckers attorney an- 1nouncas. The appeal will be on the grounds that the verdict was against the weight of evidence; that the jus tice's charge was of 8 nature to injure the chances of the defendant upon justices failure to rule that Sam Schepps was an accomplice in the mur- der; on the error of law in the refusel of the justice to allow testimony per mitted by the defense to go in the record"
 The case will be fought to the court of appeals and Becker pacing his cell in the Tombs expresses hope of the out come
 At the samesfime be sienounces what he styles the rigorous partiality of Jus tice Golf in his charge to the jury and his conduct of the trial. Mrs. Becker, who fainted in the corridors of the criminal courts building when a breath less messenger sprinting for a tele- phone shouted one word guilty is under the care of relatives at her home in the Bronx.
 LAptCttQ DisdS Iccucut
 Like her husband, Mrs. Becker never dreamed of first degree verdict, but rather counted on a disagreement of the jurors.
 One of the first places to which news of the verdict was taken, was the West End prison, where are quartered the informers, Jack Rose Samuel ScheppS, Webber "Dago Frank" and Vallon. The four apparently expected disagree fo tx-are al acla when the announcement was made. Schepps at first was suspicious when told first degree murder verdict had been returned and then laconically re- marked:
 MT. Whitman is a smart fellow"
 The prisoners heard the verdict almost the instant it was pronounced. In some mysterious manner the message flashed from cell to cell along the tier, and when Becker tramped back along the cor ridor faces were pressed at the bars to watch him. Yet no one spoke to him. Not a word had come from the four ''gunmen,'' and the two alleged accom- plices. Jack Sullivan and William Shapiro, who are also to be tried for Rosenthals death As their testimony will be used at the trials yet to come the , informers doubtless will remain in jail as material witnesses In view of their confessions and threats against them they have expressed no desire for liberty.
 
 Mother Overwhelmed
 Charles Becker enlisted in the New York police department November 1. 1893, when he was 23 years of age His father is dead but his mother, now in her sd year. lives in New York and is over- whelmed with the verdict
 Mrs Becker was able to leave the house during the afternoon. She went down. town to meet MT. Mcintyre. This was rat n to {. hat.h band. Inquiry at the homes of the jurors eIicited the information that before Jus tce Golf had urged them to keep silent they had agreed to say nothing about the manner in which they arrived at their de- cision.
 Becker's wife visited him this after noon, and according to prison attendants the meeting marked the one moment since the prisoner was indicted when he seemed on the verge of breaking down. When after an hours call Mrs. Becker emerged iron, the prison gate it could be seen that she had been weeping.
 Either "Nhity" Lewis or Lefty" Louie will be the next of the seven men indict- ed for the murder to be placed on trial, District Attorney Whitman announced to- night The date fixed is November 2. Meanwhile Jack Rose, "Brdgie'' Webber, Harry Vallon and Sam Schepps the four informcrs, will be kept in the West Side prison,
 Schepps Wants Out
 Schepps, whose attitude toward his in carceration thus far has been one of com pete dociity, today protested to the dis 1riet attorney that he had been 'in jail long enough and his counsel hinted that he would take legal action to obtain his clients release.
 Schepps is due to be arrigned Monday oil the vagrancy charge under which he was confined, and it was reported tonight that the district attorney would ask that he be held under s25,o0o bail. Rose also is anxious for his release.
 What these iirforiners want now is not bail. said District Attorney Whitman to- night but extra iron doors on their cells so they'll feel safe"
 Becker Not Through
 New York, October 25.-Becker denied