New-York tribune., 1912-11-05
LAWYERS IN SCRAMBLE
TO REPRESENT BECKER
Both Shay and Grant Assert
They Have Been Retained
to Argue Appeal.
HART NOT YET WITHDRAWN
Mcintyre to Remain, Anyway
Civic Organization Offers
Aid in Cleansing City
of Crime.

As a matter OF OrnCldi fetOiu. dppdieht-
iy. the question is still open az to who is
or will be the counsel OF record for
.harles Becker on the appeal from his con-
v.Cton Of the murder Of Herman Rosen-
hal. The situation with several different
lawyers contending that they have been
retained I'm that capa city. while there has
been no formal withdrawal from the case
OF John w. Hart. counsel OF record at
Becker's trial, has some peculiar ele-
mcnts.
All Of the lawyers concerned seem
anxious to declare unreservedly that John
r. Mcintyre. who defended Becker, will
remain I'm the case. Mr.. Mcintyre is Just
AS positive in saying so himself. The
impression remains that some Of the law
yers who appeared for Becker originally
are making a strong effort 10 retain their
standing in the case. Relatives and
friends Of Becker appear TO have been
conferring with prospective counsel for
the appeal without informing the original
counsel in the case.
Joseph A. Shay, who occupies the same
suite OF offices and employs the same Of
nee force as Mr.. Mcintyre, at No. 70
Broad street, took pains last night 10 ex-
plain his connection with the case, IN
view Of his former declaration that he
had been retained as counsel of record In
place Of Mr. Hart He declared that he
had been retained by Mrs. Becker, but
lie was bound TO admit that he had no
written agreement or formal retainer. He
suggested, however that he could get
one. He emphasized, as part Of the agree
ment with Mrs. Becker that Mr.. McIn-
tyre was to remain in the case as chief
counsel.
Palm His, Grant Contends.
Louis j. Grant, Of No. 80 Nassau street,
who has appeared as counsel for many
policemen, said last night that II had
been settled that he was to appear as
counsel of record for Becker on his ap-
peal He said he had talked the matter
over with Becker in the Tombs the night
before he was sentenced, and that the
agreement he made with him then was
Consurnmated last night by Mrs. Becker
and her brother-in-law, John Becker. Mr..
Grant and John Becker met Mrs. Becker
at the Grand Central Station upon her
return from Sing Sing, where she had
said afterward
shay is a butter-in. Speaking for Mrs.
Becker, as well as her husband, l can
say that Mr.. Mcintyre and myself will
be the only ones in the case on appeal,
and that | have been paid fee. Mrs.
Pecker said she never retained Shay. She
saw him in Mr. McIntyre's Office during
tbe latteT's absence and thought he was
connected with the firm. He will not be
retained. / am going to confer with Mr..
Mcintyre Wednesday, and Thursday or
Friday ! will go TO Sing Sing and have
long conference with Becker"
shay's announcement that he had en-
tered the case came when Mr.. Mcintyre
was out Of the city recupersting from the
severe strain Of the trial When MI
Mcintyre returned to his office yesterday
Shay being ia an adjoining Office at the
;ime-he declared he knew nothing def
niteIy about Shay's connection with the
case, and that he would not recognize any
new counsel of record until he had for
.InaIly been informed or the change from
Mrs Becker OF Becker himself. He said
,he expected to see Becker at Sing Sing
the latter part Of the week.
Mcintyre and Hart had long confer
ence yesterday afternoon. Mr.. Mcintyre
saId afterward that 1t was Mr.. Hart's
inclination to withdraw from the case, as
he wished to go away for long rest. He
would be sorry II he withdrew, he said
sir. Hart declined to commit himself as
TO his own status In the case further than
40 say that he understood the services Of
counsel OF record terminated, unless spe-
officially retained afterward. when the
Judgment Of the court was pronounced on
the defendant
It's He, Shay Tells Whitman.
District Attorney Whitman received a
letter from Mr. Shay yesterday, in which
the writer stated that he had been re-
1ained as counsel OF record and Mr. Nc
Intyre would remain as chief counsel He
Uniformed the District Attorney that he
would file a notice OF appeal Of the case
within a month.
Commenting on the letter, Mr.. Whit
1nan said:
1T may be an interesting piece OF cor
Tespondence, but II doesn't change the
ftatus OF things, so far az this Office is
concerned. Mr. Shays letter does not
serve as a notice Of appearance I'm the
case or as a notice OF substitution OF
counsel, as Is necessary in such matters
so far as this Office is concerned. MIR
Hart is stIlI the counsel OF record and
my paDerS that We may have to aerye In