The sun. [volume] (New York [N.Y.]) 1833-1916, 1912-10-25
COFFS CHARGE TO THE JURY
Many Exceptions by Becker's Law-
yers, who Call IL Unfair.

yePs, who Call IL Unfair.
Justice COTS charge was a shock to
the defence. In effect It expressed a
doubt that Jack Rose could have in
vented such a story as he told against
Lieut.. Becker, and declared there was
no evidence to show that Sam Schepps
was an accomplice.
The Justice was particular In instruct-
ing the jury that Becker was not called
upon to prove his Innocence. and that II
there was reasonable doubt Of his guilt
the verdict must be acquittal But the
features Of his long address were his
statement that the Jury must take into
consideration whether or not Rose was
capable Of weaving such a story as
would withstand seven hours OF cross
examination, and the statement that
there was so much of doubt In his
mind as to whether or not Schepps was
an accomplice that ne would refuse to
link Schepps with Rose, Vallon and
Webber, the undoubted accompliccs.
Justice Goff said concerning Rose:
To large extent you will depend in your
rendering OF a verdict on the truth or falsity y
Of Roses testimony. You must use your
own personal Impressions as to whether
he should be given full crcdence or not
You must also take into consideration his
demeanor, whether IL was friendly or hos
tile consider his frankness or suppression.
the consistency OF his narrative and his
ability TO Withstand the rigid and thorough
ss-examination.
Then too you must consider his surround
ings. his life. his companions and his busi-
ness. And you have the right to ask your
selves whether his story is true or not. In
this connection YOU must consider whether
his mental faculty is capable Of weaving
such a story. II YOU do not believe the
| testimony OF Jack Rose. IL you do not accept
1t as the truth. you must acQuit the de.
fendant.
Charge UnfaIr, Says Becker.
Lieut.. Becker and his lawyers furi.
| ously denounced the charge as unfail
and as a virtual direction to the jury tc
convict the defendant. After the Jus.
tice and the jury left the court room
Becker stood up in court and said loudly:
THAT charge was absolutely unfair
| 1t was one sided. 1t was not a charge
but a summing up for the State. He
might as we'll have told the jury 70 fint
me guilty"
| Mrs. Becker was so upset by thu
| charge that her composure was shaken
She told her friends:
What could any fair minded person
say about such a charge? Why. tn,
Judge scarcely mentioned the witnesse!
for the defence. but he spent hours try
ing to make Rose and the whole vile Sc
out as honest men. 1t was not Justice.
John F. Mcintyre. Becker's chief coun
sci, was bitterly disappointed. He hat
hardly expected that Justice Goff woult
charge that Schepps was an accomplice
but ne was unprepared for the emphatic
statement by the court that there wa
no evidence to show that Schepps wa
an accompiice. And the Justices In
structions concerning Rose aroused Mr.
McIntyre's ire still more.
why the charge was practically al
instruction to find Becker guilty" h
said. mo man could make anything
else out Of It,"
After the charge Mr.. Mcintyre CAV
up hope Of getting a verdict Of acquitta
He had builded largely on his efforts 4
show that Schepps was as much Of
murderer as Rose or the other inform
ers, and that Rose had told a series O
clever lies Mr.. Mcintyre believed tina
the charge went far toward destroyin
whatever impressions Of that sort he ha
been able to instil In the minds Of tn
jurors When the jury retired Mr.. Nc
Intyre was hardly looking for them t
como back with any report more favor
able for Becker than an announcement
that they couldn't agree.
Another strong point for the State
Justice Goff's charge was that the jur
need not consider by whose hand Roser
thai was killed II 1t believed that tn
, murder was the result OF instruction
given by Becker. Justice Gof told III
jury also that 1t could disregard tn
, testimony as to Becker's good reputa
. tion, since a good reputation was no d.
, fence in a criminal case.
The course taken by Justice Goff
reading to the jury the skeleton Of tn
States case was assailed by the Beckt
n lawyers. But Justice Con asked NJ
Mcintyre II he had a skeleton Of II