Evening star. [volume] (Washington, D.C.) 1854-1972, 1912-10-24
Golf in Doubt as to Schepps
Being AccompIice.
VERDICT DEPENDS ON 1T
Question to Be Decided, Declares
Justice in Charge.
INF0RMERS WERE ACCESSORIES
Says Officer Could Not Be Convicted
of First Degree Murder on
Their Testimony.

NEW YORK, October 24-Justice Con
charged the jury in the Becker case
today In a speech lasting more than
three hours. ruling in substance that
the conviction or acquittal OF the
police lieutenant for the murder of
Herman Rosenthal rested almost sole
iy on the question OF whether Sam
Schepps was or was not an accomplice
He was in doubt. himself. on this point,
he said. and therefore declined to in
struct the jury
He ruled that Rose. Webber and VAL
| Ion were accomplices. and that upon
their testimony Becker could not be con-
victed OF murder in the first degree. even
though the evidence showed that he had
| instigated the murder
Becker sat unmoved while the charge
was delivered. Justice Goff began speak
Ing at 1910 o'clock and finished his
charge at 1:55. and the jury retired
Begins Charge to Jury.
A quarter Of an hour before court con-
vened today the jurors filed into the
courtroom.
District Attorney Whitman entered the
courtroom few moments later and took
his seat within the railing The pris-
oner's wife was in the first row of spec
tators Seats A little later Becker en-
tered the room, smiling. John F. McIn-
tyre and John H. Hart, Becker's lawyers
chatted and laughed with him at their
table.
Justice Goff entered from a side door at
1913 O'Clock and five minutes later be-
gan his charge TO the jury. He spoke
almost in a whisper, and the jurors lean
ed forward in their seats to hear him.
| Becker strained forward as il to catch
every word.
After instructing the jury that the de-
fendant must be presumed innocent until
it was proven beyond reasonable doubt
that ne was guilty, Justice Gof defined
the different degrees OF murder.
The killing OF human being" he said.
| "can be considered as murder, man
slaughter and eXcusable homicide. There
can be no verdict of excusable homicide
and l Will not consider that phase.
Evidence Must Guide.
'Thta mans case rests solely with you.
but. In making your decision. you must
be guided entirely by the evidence and
not BY remarks OF counsel"
Justice Gon warned The jury not to
consider questions Of counsel to which
! witnesses were not permitted to reply
The testimony of each Witness" he
continued. must be tested by your
judgment. You may reject or accept any
| whose sincerity you doubt. and you may
also consider his manner OF replying to
questions. his hesitancy or readiness,
and his capacity for observation
Murder in the first degree. the justice
explained, is done with intent and de-
liberate design to kill. and in the second
degree without premeditation.
1T is not necessary" he said, that
should dwell at length on the definition
Of murder in the second degree. First.
in the latter part OF June. Becker told
Webber he wanted Rosenthal killed; sec
ondly, he followed this with instructions
to Rose to have Rosenthal killed: thirdly.
Rose, following out these Instructions
carried out the designs of the defendant.
That sums up the states case II you
find that it has been proven you must
return a verdict Of murder in the first
degree
this clearly and beyond reasonable doubt
before you can find such a verdict"
Cases Are Cited.
Justice Gon cited cases in which su-
perior courts held that it was not nec-
essary for the defendant to have seen
the act of murder committed to estab-
lish his guilt.
1T remains" Justice Goff continued.
for you to determine whether Becker
designed and premeditated the murder OF
RosenthaL If you find he had time TO
reconsider his design but did not recon-
slider, that shows design on his part
1t Is not necessary for you to go into
the evidence of premeditation The state
contends that the defendant In the lat
ter part of June expressed a desire to
have Rosenthal killed. which continued
until, and eliminated in. Rosenthal's
death. If the defendant repeated these
desires to Jack Rose that constituted pre-
Justice Goff asked Mr.. Mcintyre If he
should define manslaughter to the jury.
I'VE make no such request" Becker's
lawyer replied and the court omitted the
definition.
ut matters not" the justice resumed.
whether the hand that killed Rosenthal
was the hand Of Becker or not. If you
find that Becker gave instructions to Rose
that resulted in Rosenthal's death. then
Becker is guilty OF murder in the first
degree
Skeleton of the Case.
Justice Goff read to the jury what he
termed a brief skeleton of the evil
dence adduced by the state.
Justice Con narrated in detail Beckers
movements on the night of the murder.
as testified to by witnesses.
Il instruct you,' said the justice, in
concluding his reading. that the events
referred to in this recital OF the states
case do not exclude from your considera-
ton any other events which come with
in the scope Of the evidence. 1t is not
plain why the gunner killed Rosenthal
at Becker's command"
Justice Con- then read the statute gov
erning the testimony Of accomplices, and
told the jury that every person who aid
ed, abetted or participated in any way
must be considered an accomplice.
Question as to Schepps.
There is no question that Rose, Web
Der and vallon We're Becker's accom-
plfces," he continued. LAS to Schepps.
there is question. / must say that I
am in doubt on this point myself. and
therefore I decline to instruct you that
he was an accomplice. You must de-
terrnine that yourselves. There is
suspicion that he was; but suspicion is
not proof.
II do not find any testimony that will
obligate you to decide that Schepps was.
as a matter OF fact as well as of law.
a co-conspirator with Rosef Vallon and
Webber.
You cannot convict on the testimony
of accomplfces, and one accomplice cam
not corroborate another. The point you
must determine yourselves is whether
Schepps' testimony shall be considered as
that Of a corroborating witness or an ac-
complice You alone must decide that.
{HA wanl-