New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-10-26
PREPARE TO APPEAL
BECKER'S CONVICTION
Senior Counsel Says He Filed
1000 Exceptions and Brief
will Cover Principal Ones.
OUTLINES IL GROUNDS
Threatens to Ask Attorney Gen.
eral for Investigation OF
Failure to Indict Rose,
Weber and Vallon.

Immediate steps were taken YESTERDAY
by the LAWYERS who defended former
Lieutenant Charles Becker TO prepare for
the appeal OF his case. Becker no longer
has any standing in the Police Depart
ment, as Commissioner Waldo formally
dismissed him yesterday. Under the law
i'm convictions for murder in the first de-
gree the appeal has TO be taken drecuy
TO the Court OF Appeals. II will be at
least six months before the appeal can De
argued before that court.
A notice OF appeal, which his counsei
will serve on the District Attorney Wlthih
day or two. acts as a stay OF execu-
ton. Then there are many preliminaries
to go through before the case Is finally
argued and reviewed by the Judges OF the
Court OF Appeals. Becker will appear
before Justice Golf Wednesday, when the
court will impose the sentence OF death
upon the convicted man. Within ten
days after that Becker will be removed
from the Tombs and taken to the death
house" at Sing Sing, where he will have
TO spend the time until his appeal comes
up for argument
John +. Mcintyre, senior counsel for
Becker, said yesterday he had placed
upon the record Mt Becker's trial four
thousand exceptions, Of which the prin-
cIpal ones would furnish material In pre-
pairing his brief for an appeal The fol-
lowing is an outline Of grounds upon
which the defence expects to base the ap-
peal, as suggested by Mr.. Mcintyre:
I. The testimony OF Rose. Weber, WALTON
and SChepps was not corroborateu ~
credible evidence. The two witnesses VINO
did corroborate-Allen and Luban-are
ielOns and conVlcts. ..,
. Declarations made after the consum-
nation Of the conspiracy should not have
been allowed I'm evidence by the court;
The court permitted witnesses TO tel
what happened after the crime for when
the conspiracy was formed had occurred.
3 Justice Con refused 20 charge that il
would have TO be shown 10 the satisfac-
ton OF the jury that the gunner ala the
killing.
/. Az corroborative testimony the court
permitted the meetings Of Becker and
Rose at the Union Square Hotel ana IN
the Rose home to be proved. This Is not
competent corroborative evidence or the
murder.
evidence showed that Schepps was an ac-
complete.
G Justice Con I'm hts charge reviewed
the peoples case only, and excluded alto
gethcr the testimony given by the Wit
nesses for the defence.
Weber and WALTON against Rosenthal was
neutral!zed by Justice Cor in his charge.
s. That discrepancies were shown In
Roses written confession and his tesu-
mOUy.
.. That the immunity given by the state
Influenced the testimony OF the state $
principal witnesses and furnished a
motive for their bias.
10. The public clamor and hysteria and
innamed public opinion were such M 10
make II Impossible 20 get fair and i'm
partial trial for the defendant.
II. Juror No II was forced on the de-
fence after the defence had eNhaused us
peremptory challenges.
T. Newly discovered evidence.
Mr. Mcintyre said yesterday that he
intended to go to the Attorney General OF
the state after election and insist that he
investigate the reasons why Rose, Weber
and Vallon had not been indicted after
their acknowledgment Of completely in the
murder OF Rosenthal
The stay Of execution obtained by filing
a notice OF appeal on the District At
torney operates for six months. During
that time the lawyers for the defence
must complete the briefs for their appeal
and file them with the Court Of Appeals
The oral argument Of the appeal by coun-
self on both sides is discretionary with the
court, but is usually allowed when re-
cuested. Mr. Mcintyre said he intended
10 argue the case in person. In that
event a representative from the District
Attorneys Office will make an opposing
argument