New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-10-25

Justice Golf was on the bench prompuN
at l0:3j a. m. at the opening ol ''o
day OF court proceedings at the u'a' VI
Lieutenant Charles Becker FOR the Hiui
der of Herman RosenthaL lie began h''
charge TO the jury at 1875 and ciosea at
i:55. After noting on the RECORD ioi,S
ust ~ executions to the courts charge
taken By the defence, the case was Piaoeu
I'm the hands of the jury at ~" '"e
Jurors were taken out to iGncheoh' anu
returned to the jury room TO begin their
dellbera lions at 4 o'clock.
Justice COTS charge was considered
fair by the prosecution and UNFAIR D! inc
defence. The defendant said AFTER inc
fury had retired that he considered the
instructions TO the jury unfair
1T was one sided, and Vlrtually d
charge To bring in a verdict OF guilty
he said.
John F. Mcintyre, BecKer's counsel
said the charge. I'm his opinion, was hlsh-
" prejudclal 10 his client, ana prac'
tically amounted 10 a charge TO Drlhs III
a verdict OF guilty. District Attorney
Whitman's comment was:
THE charge was eminently fair. The
state Is satisfied That is ali l have to
say"
Defendant Has Had Fair Trial
Justice COTS charge was in part as
follows:
Gentlemen Of the jury, after i trial
which developed more or less eEluei,S =
counsel for the prosecution and defence
spoke. but II is required that maj "oTuS
must be said. =. -
Now. your functions are about, 10 De
exercised. You Will be told oil an queS
tions for your consideration, ana you
must render a fair and Impartial NeI :
dict. The trial has been eNacunB as
far as II required your attention. ~
must have exercised your highest laS-
ultics and attention; hou must laN 80, "a
each Of the questions and pass upon
You have listened 10 nIncty-eight wit.
nesscs, and there were 2i6 pages OF
testimony. Il is beyond the power OF hu'
man memory To have d clear ana accuI
ate recollection Of all the testimony.
You were seated there 10 listen calmly
and cOOly TO that testimony.
Uudcr our system Of government any
man indicted by grand jury ~ ehllllt9
10 fair trial-a trial by Judge anu
jury. -, -
The defendant has had that. trial, and
I'm addition 10 that. the law lays down
certain rules for the conduct OF the pros
ecution and for the protection OF the
defendant and these rules must De ou-
served ny me and by the jurors.
A presumption OF Innocence remains
with the defendant throughout the case
Tho defendant IN not called upon 10 es-
tablish his innocence. Inc hurueh VI
proof lies with the prosecution.
When all the evidence IL In II there De
any reasonable doubt II must be given
10 the defendant You Jurors are the eS-
elusive Judges OF the facts. The Judge Is
the one who rules on all points OF lh"'
and YOU must abide by his ruling.
The arguments OF counsel not supported
bv evidence should not be given any
weight. Arguments Of counsel not SUI
rorird BY law should be disrcSarded
and must be excluded. ,
Statements and answers OF witnesses
made when objections by counsel have
had them stricken out, must not De
considered. ...., H..
knv things Of that nature must be
dlgrcgardcd. The credihIlty Of witnesses
must be- Judged entirely ana solely Oy
YOU . L..
The testimony OF each witness must De
impartiaiiy considered and tested by your
Judgment II il for you 10 Judge now
FAR the testimony Of each witness ar
frcts this case. That Is matter sole!S
for your judgment