The sun. [volume] (New York [N.Y.]) 1833-1916, 1912-10-25
case for the defence. saying that hs
would read 1t. Mr.. Mcintyre had mona


case for the defence. saying that hs
would read 1t. Mr.. Mcintyre had mona
Charge Almost Four Hours Lons,
It required altogether 3 hours and 81
minutes to deliver the charge and the
additional instructions asked for by Mr..
Mcintyre and to note the scores Of ex.
ceptions taken by counsel for the De.
fence.
Justice 'Goff told the jury that muir.
der was defined as Of three degrees. Hs
continued:
1t is not necessary in this case to 20 into
an extensive discussion OF the evidence
OF premeditation. The defendant expressed
his desire to have Rosenthal killed and on
several occasions after the first occasion
repeated II to several persons. The killing
took place on the 10Th Of July. II you come
to the conclusion that Becker did instruct
men to kill. that constitutes murder in the
first degree.
Those who were listening to the
charge turned often to glance at the
defendant or at his wife. Becker was
bent over the table most Of the time,
cupping his left ear with his hand In
order to hear better. When Becker
didn't like parts of the charge he turned
to his lawyers with whispered COM
ment. Sometimes there was fash Of
anger in his eyes.
Mrs. Becker was drawing pictures Of
4 flowers on a pad Of paper she held In
her lap. But the drawing was entirely
mechanical. It is doubtful II she knew
what she was doing. Her face was more
expressive than her husbands. Waves
| Of anger passed over It when the Judge
emphasized the strong points Of tho
! States case.
Continuing Justice Goff added this
summary of the points:
II It be true that Becker gave TO Rose
such instructions ito have Rosenthal killed,
l instruct you that Becker constituted Rose
his agent: whatever Rose did. Becker in the
eyes OF the law did In other words Becker
! selected Rose as his instrument and every.
thing Rose did Becker did.
| II you are satisfied that Becker instructed
and directed Rose II il immaterial by what
hands Rosenthal was killed so long ~ he
was killed by the instruction OF Becker
| In considering the Peoples case there are
these three points:
| First. Becker told Rose he wanted TO have
Rosenthai killed.
| Second. that Rose employed certain rer.
sons TO execute those instructions.
Third. that those persons killed Rosen'hal
in pursuance OF the orders received from
| Rose.
Upon that rests the prosecutions case.
and you must be satisfied that the prosecu-
ton has proved that
Then Justice Gon retold the story Of
the crime, including every telling bit of
evidence. direct or circumstantial, that
had appeared against Becker.
He continued with the statement that
the movements of the defendant on the
night OF the murder were important
and that the absence Of Becker from the
scene OF the murder made no differences
in estimating his guilt or innocence
Then he spoke thus Of Schepps:
There Is a question about schepps being
an accomplice. I charge you that Rose.
vallon and Webber are accomplices on
their own admission. In regard to Schepps
l must say that am in doubt.
There are diflcult facts and circumstances
to make II possible for you to determine.
, II my recollection serves me right. there Ii
no direct testimony before US that Schepps
had any knowledge Of the crime. or that
he took any part in It. His relations with
the men lead to suspicion.
Can't Fix Status Of schepps.
So far as the evidence goes. see nothins
that would Justify me to rule on the status
: OF Schepps. He associated with the accom-
, Coutjnucd m Third Pane