The Prescott daily news., 1912-10-25
JUSTICE GOFF WARNS JURORS TO DISREGARD SPEECHES NOT
 BASED ON EVIDENCE.
INSTRUCTIONS SLAP LAWYER
Police Lieutenant, Charged With Murder of Gambler Rosenthal, Lounges in Chair, Chews Gum
 and Cages at the Crowd.


 ing that they were to disregard any portions of the attorneys speeches which were not based upon submitted evidence, Justice John w. Golf charged the jury in the trial of Police Lieutenant Charles Becker, on trial for the murder of Herman Rosenthal, the gambler.
 Those in the courtroom had the i'm pression that this was a hit at Attor- ney Mcintyre. who, in his speech for the defendant, drew at great length a vivid word picture of Jack Rose, the chief witness for the prosecution.
 The first hour of Justice Goffs charge was devoted to the law on evi- dence as it affects juries.
 Justice GO"s charge was lengthy. He overlooked few details. He direct ed thet Becker might be found guilty of second degree murder if the jury found that there was no premedita- tiOn. But if it was found that suffi- cient time elapsed between the order to kill and murder for the order to be withdrawn, then deliberation and pre- meditation were there.
 Outlines Three Points in Case.
 The case as outlined by the court for the benefit of the jury was as fol- lows:
 1. Becker expressed a desire to Rose for Roscnthals death
 ?. That Rose acted on such instruc- tions.
 8. That Rose, acting on the design, had Rosenthal killed.
 If Becker did this, then he is guilty of first-degree murder" Justice Golf went on. Tt matters not wheth- CT he had any communion afterward with Rose. If the state has proven the case as 1 have stated it, then Becker is guilty"
 Becker CheWs Gum in Court.
 During the charging of the jury Becker lounged in his chair, chewing gum, gazing with the air of a disin- terested spectator over the crowded courtroom At one time he looked In the direction of his wife, pale and nervous, in another part of the room, and waved his hand caressingly.
 If the verdict in this case is against me, I shall lose all faith I have in the justice of Americans" declared Becker.
 Becker Sleeps Soundly.
 The summing up in the famous ROs- enthal case was over. Becker had heard himself painted as a stalwart American officer who had done only his duty as he saw it, and had lis- tened unmoved to the most bitter ar raignment an accused murderer ever received in a New York court.
 But the jail officials said Becker slept soundly and when he entered court to hear the final summing up and interpretation of the law affect ing his case by Justice Golf he was as unmoved as when, as head of the "strong-arm squad he went smash ing through the tenderloin of the city.
 The general impression about the courtroom was that the jury would reach an agreement soon, but there were some of the old-timers who in sisted that the conflict in the evidence and the character of the summing up was such that a difference of opinion among the twelve men was certain to result.
 Jury Most Independent One.
 This is admittedly the best and at the same time the most independent jury that has been brought together In murder trial in this city since the famous Mollineux ordeal and 1t was certain that every man would vote for the verdict his conscience die. tated, no matter what action the oth. CTS might consider wise. Because of this, the chances of a disagreement were excellent, in the opinion of the old-timers.