The Washington herald., 1912-10-29
new WITNESSES
BASIS OF APPEAL
Counsel for uest. Dsoksr Tails
What Hs Hopes to Pfovs
II Given Chance.
CONVICTED xAs HOPELESS

New York. Oct 2-Counssl for Poles
Lieut. Charles Becker. convicted Of the
murder Of Herman Rosenthal. announced
to-day that the appeal for . new trial
will BE- based on the statemeuts of three
newly discovered witnesses. Attorney
John r. Mcintyre. Becker's chief coun-
sel, claims be will be able TO discredit
the. Testimony upon which his client was
convicted. AZ follow:
1. BY producing reliable witnesses who
VIII swear they saw Harry vallon dre
the shots which killed Rosenthal.
Z By contradicting the story told BY
Sam Schepps Of having heard Jack
Rose say At the Lafayette Baths on the
afternoon Of July 1s that Becker had
ordered the assassination Of Rosentha1.
and by proving that Schspps was not q
member Of the party at othsr times
specified In hls testimony.
5. BY bringing forward . lawyer Of
high repute who. II 10 alleged. VIII swear
Jack" Rose told after being sent to
the Tofhhs that Vallon did the shooting.
Becker Talks volubly.
District Attorney Whitman confidently
expects that when Becker II arraigned
before Justice Goh for the death SEN
tence Wednesday morning he will take
advantage of the opportunity to repeat
the charges that Rose, Weber. and
vallon swore his life away in order to
save themselves.
The convicted police onicer continued
to talk to-day with the volubleness Of .
phonograph. In an effort to discredit the
witnesses he told how he had upon &C.
casions advised Rose to steal Rosen-
thars bankroll: that a . police of{icef
he had permitted Rose to run q gam
bling establishment unmolested. and had
often visited Webber's place without
making a raid
His most serious charge was thst
Rose. webber. vall6n. and Schepps
were themselves no better than common
murderers and were only prevented from
the murder Of Rachey Braunstein.
"Bridgey" Webber's gambling partner.
two months before the Rosenthal kill
ing by the Intervention of Jack Sui
Ivan.
Becker now despairs Of being saved
from the electric chair. Tho combfna-
ton Of iron nerve and the stolid ap-
pearance which remained with him
throughout the trial In gone. The Beck
the same spirit Of hopelessness.
Becker Appears Hopeless.
II am no longer optimistic that my
lawyers will secure a new trial." said
the convicted man. "or that the court
Of appeals will reverse the verdict Of
conviction. I might say that am hope
less of a successful appeal.
From the moment Rose. Weber and
Vallon began telling their stories on the
stand II seemed to me that each point
brought out under the guidance Of Dis
trict Attorney whitman was merely an
other nail In my comm. It Is no more
dreadful to contemplate my own predica-
ment than that Of my brave little wife.
She IL to become q mother in January.
and fear the worst for her during that
trying period. She has been brave be-
yond words. but she is only human. and
1t breaks my heart when I think Of her
future.
1T was most unfair to me to prevent
Jack Sullivan from testifying to acts Of
his knowledge concerning the characters
Of Rose. webber. vallon and Schepps. II
Sullivan had not been silenced in his
effort to tell the truth and the whole
truth in connection with this affair. then
1t would have been shown that this same
combination-Rose. webber. Vsllon and
Schepps-had attempted. two months
prior to the murder. to kill Braunstein.
Webbers gambling partner. 1t was all
arranged for Rose and Vallon to take
Braunstein's place in the business after
he was killed.