Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1912-10-25
JUDGE GOFF CHARGES
THAT ALL HANGS on
LITTLE SAM SCHEPPS
Conviction or Acquittal Virtu-
ally Depends on Whether
ScheppS Was or Was Not an
Accomplish

MEaN AOANn gNAs -1s--NA-AA~C 6NAA -
.chsrging. the jury in the Becker case
today ruled in substance that the con
vfction or acquittsI OF the police lieuten-
ansNfor the murder Of Herman ROsen-
thai rested almost solely on the question
o. whether sam scheppz was or was not
an accomplice. Justice Goff was in
doubt himself on this point he said. and
therefore declined to instruct the jury.
lie said Rose. Weber and Vallon were
aceomplises and that upon their testi-
rnony Becker could not be convicted of
lnurder n the first degree. even though
the evidence showed he had instigated
ta.. murder.
Becker sa, unmoved while the charge
wss delivered
Iustics Goff finished his charge at 1'55
ana the jury retired.
THE JUDGES CHARGE.
Becker came into the court room smil-
ms
Justice Con entered at 1855 o'clock
and i've minutes later began his charge.
After instructing the jury that the
defendant must be presumed innocent
NATL it was proved beyond a reaso -aole
douot that he was guilty. Justice Con
defined the different degrees Of murder.
-The killing OF human being" he
said. can be considered as murder.
ulsnsIaughter and excusanle homicide.
There can be no verdict of excusable
homicide. and 1 viii not consider that
phase.
This mans case rests solely with
YOU But in making your decision you
must be guided entirely ~ the evil
dence and not by remarks of counsel"
Justice Con warned the jury not TO
consider questions OF counsel to which
witnesses were not permitted to reply.
The testimony OF eacn witness" he
continued, must be tested by your
Judgment. You can reject or accept any
part OF the testimony of any witness
whose sincerity you doubtand you may
also consider his manner Of replying"
If in the manner Of replying TO ques-
tons, his hesitancy or readiness, and
his capacity for observation: Murder
i'm the firdst degree is done with the In
tent and deliberate design 10 kill. and
in the second degree without premedi-
tation- "a Is not necsssary,@ he saia.
-that should dwell at length on defi-
milton OF murder in the second de-
gree
THE STATES CASE
Ffrst m the latter mart OF June,
Becker told Weber he wanted Rosen-
hal laflled; secondly. he followed this
with instructions to Rose 10 have
Rosenthal killed. Rose following out
this instruction. carried out the designs
Of the defendant That sums up the
states ease. II you find that il has
been proven. you must return verdict
OF murder in the first degree.
The state must prove this clearly
and beyond reasonable doubt before
you can render such a verdict.
Justice Coz continued;
IF you find he had time TO recon
slider his design. but did not recon
slider. that shows design on his part
TT Is not necessary for you to go
into the evidence Of premeditation-
The state contends that the defendant
IN the latter part OF June experienced
a desire to have ROsenthal killed which
resulted in Rosenthars death. De-
PENDANT repeated these desires to Jack
Rose. That constituted reconciliation.
IF you find that Becker gave In
structious TO Rose that resulted in Ro-
senthars death. then Becker is guilty
OF murder in the hrst degree"
Justice Con read to the jury what
me termed "a brief skeleton Of evidence
, adduced by the state.
Justice Goff narrated in detail Beck
er's movements on the night OF the muir
der. as testified to by witnesses.
7 instruct you" said the justice. in
concluding his reading. that the events
referred 70 in this recital OF the states
case do not exclude from our consider
alton any other events which come with
IN the scope Of the evidence
1T is not plain why the gunner killed
Isosenthal at Becker's command II Is
not plain that he directed the death Of
fsnsenthal-