The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1912-10-25
BECKER CASE
GOES. TO JURY
Old Tinsrr About Court HOuse Ne
Asvs That the jury VIII

Afternoon
II The verde, IN this ca-. Is asa.n.,
ne ! shall lose all faith ] hAve In tie
justice % Americans. declared I.l-uteu-
ant Becker
The Impression about the court room
vas that "a, Jury would reach an agree
msnf. bot there we're som. o. th- old
tiU ers NNo insisted that the conflict IN
summing Up Nas such that a dlff-rcu--
90 opinion among tn- - men Was ,et-
tain 20 result
This ~ admitted the best ana AZ the
same time the most independent Jury.
That nAs been brought toEtthsr In a
nm rider trial IN flis city since TIE fam
ols AoleneuS ordeal and 20 was certain
That every man would vote Cor thr YER
oct AIS cousclenc. dictated - matter
Nhat action trc other might consider
wise. Because Of this tie chance .
a dl-sgfr~lntnt were excellent 90 tIe
opinion OF old-t'mer-
The jury Ma brought into court az
10 90 o'clock and the doors locked 60
That Judge Goff mig Q deliver LI- cUarg.
without az. outside interruption
Justice tcff spoke almost IN a WhIs-
Per. and the Jurors leaned forward ~
ta~ir seats to near ham. becker strained
ici ward - 81 t. cAtcs every word
After instruofiuE ~. furN that the de-
PENDANT must Poe presumed innocent un-
o. q was proven beyond reasoulhl-
doubt that De WAS guilty.. Justice COR
defined the different .elr--s - murder
The killing az "a bun An being" he
said. can be Considered as IN Irter. man
slaughter and eNcIsahie homicide There
can be no verdict 90 -NruSahi- homlt id-
aud J Viii not consider Tat phase
This mans ease rests solely with
YOU. But ia making your decision you
must he guided entirely bog t.. Iitnte
and not o.! remarks OF counsel"
Justice Golf warmed tu- jury no. 10
consider questions OF counsel. To Nhtrh
witnesses were not permitted To- reply.
The testimony OF each witness. ne
continued. must be- tested 10y your jddg-
reut. loG may reject or accept any
part of the testimony ~ the witness
hose sincerity y"u doubt, and you may
questions his hesitauey or readiness.
ana .lS capacity for obs' rNatiuu."
Murder IA tas first deGf.s. the justice
eNi lainvd. i- done with intent and DELHI
crate design to Kill. ant ga the second
ueSfse without preIueditati0n.
IL a. not necessary. ne said mat
l should dwell at l,nsth on t4e defini-
,."n cog mur4r. in th- - ono g"Stte
First. IN the latter part OF June. l.-cker
tu4I Arhb-r n. wanted kuseathtl killed. .
secondly. he followed thl= VITA instruc-
tious to Rose to have Eoseutual allied.
tIiidiy. hose. following out tines" IN
stTuctiouS. carried out the designs 81
'ne defendant. That sums Up the states
case II you find that II mas oeen
proven you must return verdict OF
murder "a the first degree.
The prose Cltlrn must have proved
tits clearly and beyond reasonable DOUBT
before you can flnI such verdict
Justice ''"ff cited cases boo whinr
x
f.'-, .~-ary iur tie d"i "nuaut 90 have seen
tAc at = murder committed 20 cstaoiish
his guilt.
u remains" Justice Goff continued.
FOR you q determine whether Becker
ltSIrl..I and Irsufiffa."I to murder
81 Roseuthal II you find no had tliH"
Co ic-uustier his gs-iEu tut did not re-
consider. that shows design ON his nart
1t - not necessary iur you To- g.
into the evidence OF ur'fu"ditafion. The
state contends that the defendant m
q Ha HafH ~ . n i ed "a
sir. To- have Eps.nthal killed. when
continued until. and eliminated IN.
n the defendant repeated these de-
sires 70 Jack Rose. that constituted
IusticS ';ofr asked Mr.. Intyre ~ he
hould define m1nsiausht"r az the jury.
We make $50 such request. liDckef r
lawyer replied. and the court omitted
1t matters not the justice resufu-
er. whether the hand that killed Ko--
suthal was the hand Of BECKER cor not
~ you ind that Becker gave instruct
ions 90 Rose that resulted in itoaeu-
~ ais death then Becker is guilty of
murder ia the first degree
Justice Con read. to. the jury What
D.. termed "a brief skeleton uf the
cyldeuo. adduccd 10y the state.
1t Is NOT plain why the gunner Kill
ed Hosentnal at Rcckers command. II
Kos@u'hal" said Justice Con
lie then read the statute governing
TIE testimony ~ accoMplic"- and told
allotted ur participated iu ans way must
be considered an acc"mrlice.
Thor ~ -, question ,that Rose.
complies. he continued. As 60
ScheFps there IT, "a question. must
say that am IN doubt on this point
myself and therefore decline Co tn
stfuct YOU that be was AN accomplish.
500 must determine that Yourself.
Ttere 81 % suspicion That he was. but
.HH |HH. a. no