Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1912-10-24
Justice Goff Occupies
Three Hours in Reading
Instructions.
EVIDENCE is REVIEWED
That Presented by State Shows
that Accused Directed
Killing of Gambler.

New York, Oct 24-Justice Goff
charged the jury in the Becker case
today with a speech of more than
three hours, ruling in substance that
conviction or acquittal of Lieutenant
Becker of the murder of Rosenthal
rested almost solely on the question
whether Sam Schepps was or was not
an accomplice. He was in doubt, him
self on this point. he said, and there
fore declined to instruct the jury.
He ruled that Rose, Weber and
Vallon were accomplices, but that up
on their testimony Becker could not
be convicted of murder in the first de-
gree, even though the evidence show
ed he instigated the murder Becker
sat unmoved while the charge was
delivered. The jury retired at 1:35.
DEGREES DEFINED.
After instructing the jury that the
defendant must be presumed innocent
until proven beyond reasonable doubt
that he is guilty, the justice defined
the different regrees of murder.
The killing of a human being" he
said, can be considered as murder,
manslaUghter and excusable homicide.
There can be no verdict of excusable
homicide, and | do not consider that
phase.
This mans case rests solely with
you, but in making your decision you
must be guided entirely by the evi-
dence, not by the remarks of counsel" 3"
SUMS Up STATES CASE.
Murder cr-mVrgDnrs1 degree" the
justice explained, lis done with intent
and deliberate design to kill, and in
the second degree without premedita-
! tion. 1t is not necessary 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
/ Secondly, he followed this with in
I structions to Rose to have ROsenthal
/ killed. Thirdly, Rose, following out
! these instructions, carried out the de
/ signs of the defendant That sums
up the states case. If you find it has
been proven you must return a verdict
in the first degree" Goff asked COun-
sci Mcintyre If he should define man
slaughter
I'VE make no such request" Beck
/ er's lawyer replied, and the court omit
ted the definition.
BECKER DIRECTS KILLING.
81 instruct you" said Goff, in con
cluding, that events referred to il
this recital of the states case do moi
exclude from your consideration any
other events which come within the
scope of the evidence.
1T is not plain why gunner KILLED
Rosenthal at Becker's command"
Goff then read the statute govern
ing the testimony of accomplices. He
told the jury that every person who
aided, abetted or participated in any
way must be considered an accom-
pliCe.
SCHEPPS MERELY SUSPECT.
There is no question that Rose
Webber and Vallon were Becker's ac
tOllp ne NOulluutu. AS u
Schepps, there is a question. ! am il
odubt on this point myself. therefore
decline to instruct you that he wa!
an accomplice. You must determine
that yourselves. There is suspicion h
wus. but suspicion is not proof
QUESTIONS ROSE STORY.
You cannot convict on the testi
mony of aCcomplices. and one accom-
plice cannot corrobOrate another.
"As to Rose, you can ask yourselves
Is II within the limit OF probabilitie!
that he could concoct this scheme o.
sending Becker TO the electric chair
You may consider whether it is within
his mentality TO devise a conspiracy
unaided, to save his own life"
BECKER COMMENTS.
! AS Becker was being led to th'
: Tombs he said
That was not a charge to the jury
II was a thin-veiled summing I'D 70
the prosecution. 1t was absolutel,
partial. There is no jury in it. Tn
court simply directed the jury to con
vict me-"