Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1912-10-26
ATTORNEY IS PREPARING APPEAL
Defendant Says Charge of Court to
Jury is Unfair.
WIFE OF THE PRISONER swooNs
Justice Goff Remands Convicted Man
to Jail for Sentence. ..
PENALTY IS THE ELECTRIC CHAIR
Wednesday and Prisoner is Re-
turned to the Tom Bother
Defendants Hear News.

NEW YORK. Oct. 95.-Twelve men
who refused today to discuss their DELHI
erations, returned at two minutes after
Il o'clock this morning a verdict of first
degree murder against Police Lieutenant
Charles Becker. the first OF seven men to
be tried for tn murder of Herman Rosen-
thai. On Wednesday, October 80 Supreme
Court Justice Goff will fix the time for
the prisoners death in the electric chair
Exhausted by the ordeal OF the trial.
John F. Mcintyre. chief counsel for the
defense, nevertheless began today the
premilinary steps looking to an appeal
and a stay OF execution for his client
The case will be fought to the court OF
appeals, and Becker. pacing his cell in
the Tomhs, expresses hope Of the out
come. At the same time he denounces
what he styles the rigorous partiality of
Justice Goff in his charge to the jury
and his conduct OF the trial.
Prisoners wife Faints.
Mrs. Becker. who tainted in the cor
ridors of the criminal court building
WHICH, illSaa1hHCI SptlAtlN6
for telephone shouted: ''GuiltyH' is
under the care OF relatives at her home
In the Bronx. Like her husband she
never dreamed of first degree murder
verdict, but rather counted on a disagree
ment Of the jurors.
Justice Goff, 1t is understood. has gone
to the country for a rest over the week
end.
One of the first places to which news
Of tn verdict was taken was the West
Side prison, where are quartered the In
formers: Jack Rose, Sam Schepps,
"Brldgie" Webber and Harry Vallon,
The four apparently expected q disagree
ment, however. for they were all asleep
with the exception of schepps Hs was
at first suspicious when tola that a first
degree verdict had been returned, then
remarked laconically: Mr. Whitman Is.
smart man"
Prisoner Does Not Sleep.
Keepers at the Tombs say that Becker
did not sleep last night. He was to con-
fer with his lawyers today and declined
w E1VG Oub oaly AhbSANlVWs $40 aASAASV
prisoners heard the verdict almost the
instant 1t was pronounced. In some mys-
terious manner the message flashed from
cell to cell, and when Becker tramped
back along the corridor, faces were
pressed at the bars to watch him. Yet
no one spoke to him. He gazed neither
to right or left. and his set face invited
no cheering comments from his cotnpan-
ions. Not word had come today from
the four gunmen and the two alleged
accompliees, Jack" Sullivan and Will
liam Shapiro. who are also to be tried
for Rosenthalis death. The dates for
their trials. which probably will be sep
afate, have not been announced.
Inasmuch as their testimony will be
used at the trials to come, the informers
doubtless will remain in Jail as material
witnesses. In view of their confessions
and the threats against them. they have
expressed no desire for liberty.
Charles Becker enlisted in the New
York police department November l, 1s93,
when he was % years old. His father
Is dead, but his mother, now in her
eighty-third year, lives in New York and
is overcome at his conviction. <
Mrs. Becker sees Attorney.
Mrs Becker was able to leave the house
during the forenoon and went down town
to meet Mr.. Mcintyre preparatory to a.
conference with her husband.
Inquiry at the homes of the jurors re-
veaIed the fact that before Justice Goff-
had urged them to keep Silent, they had
agreed to Say nothing about the manner
in which they arrived at their verdict.
An examination into the mental condi- Z
ton of RED Phil'' Davidson, confessed
slayer Of big Jack" zelig, was begun
today. The examination was ordered by
District Attorney Whitman. James W.
Osborn, Davidson's counsel. recently en-
tered for him plea of not guilty on
the ground of insanity.
District Attorney Whitman said today :
the four gunmen accused of shooting
Rosenthal will go on trial early in No
vember.
Scenes in Court Room.
The twelve jurors marched into the
court room at l1:55 o'clock. A minute
later the defendant was brought In from
the Tombs Justice Goff had not yet
entered the. room and for a moment
Becker took a side seat. As he waited
he scanned the faces Of the jurors. but
none of them returned his gaze. a tense
silence prevailed.
At 1157 o'clock Justice Goff entered
The court room. and bowling low to coun-1
sci, took his seat. The jury roll was
called. The clerk then asked the jurors
I they had reached verdict.
I'VE have" announced Foreman Skin
aer. The jurors arose and the foreman
said: e
I'VE find the defendant guilty as
charged in the indictment" II
Murder In the First Degree.
DO you find the defendant guilty of
murder In the first degree as charged
n the Indictment" asked the clerk.
I'VE do" the foreman replied.
The court directed that the roll of the
urors be called for their individual
1erdicts. As he repeated the question:
do you find the defendant guilty of