The Washington herald., 1912-10-26
LEAD Us Not Into Temptationw


As far as human ingenuity could
fathom, or human mind discern, OF
the law discover, there was little il
any doubt as TO the guilt of Becker,
the New York police lieutenant. II
was he who instigated and hence le-
gally was responsible for the killing
of the gambler, whom for obvious rea-
sons he desired to get rid of because
he threatened to inform on him. The
Herald, in contradistinction TO its
many contemporaries. refrained from
trying" this New York cause-celebre
in its columns before judge and jury
had passed on it. Perhaps, as Arthur
Train says, the law is. wrong in pre-
Stunning that an accused is to be held in
nocent until he is proven guilty. But,
as long as it is the law, The Herald
does not propose TO break it.
Becker is a victim of the "system"
that has prevailed in New York (per-
haps also in other cities of our coun-
try) for decades, and which no effort
at reform seems to be able to eliminate.
In so far the man has our sympathy.
He was money mad. he failed to fully
grasp the meaning of the Great Teach
er's prayer, Lead Us Not Into Temp
tation." He fell, and having Sue
cumbed and fearing exposure, he tried
to save his skin at the cost of the
one whose "peaching" threatened to
cut short his career AS a German
of intelligence did it ever enter his
mind that "Wer Einem Andern cine
CRUDE graebt, faellt Selbst Hinein?"
As to the verdict: That it was just,
that it was the result of mature delib-
Grafton, goes without saying. But
there was something else. Being con-
sidered guilty, the people, who stood
aghast at the mans crookedness in
taking graft from gambling house
keepers and others, so openly, so
brazenly, an officer of degree who
sneered at the law and insisted that
no one dare touch the all-powerful
system demanded not only speedy
trial, but conviction. A disagreement
of the jury might have had serious
consequences. considering the present
temper of the populace of New York.
Justice Golf deserves the gratitude of
New Workers for the manner in which
ne handled the case and brought it
to so speedy conclusion-record time
for New York
The people clamored for revenge for
the outrage practiced upon them open
ly for years and they were deter
mined TO have it; they were not in the
humor to brook delay or miscarriage
of justice by legal hair-splitting of the
lawyers. All this unquestionably was
in the mind of the venerable justice.
who has been pillar of the New York
criminal courts ever since he succeed
ed poor Recorder Smythe, some twen-
ty years ago, who went all to pieces
mentally after his strenuous service
on the bench of the General Sessions.
And yet, when all is said and con-
sidered, there seems TO be a some
thing that does not fit into the picture
of the whole proceeding; at least not
to our mind. Justice Golf, in his
charge TO the jury, was very careful to
state that he declined" to instruct
them as to Sam Schepps. Upon
Schepps" he said. hinges the entire
case. Was he an accomplice of Becker
and the gunmen or not? l am per-
sonally in doubt about it. 1t is for you
to decide this important point"
Thus the judge, who knew his law.
Now then, if the judge himself so
plainly impressed the jury that there
is a strong doubt in his own mind.
and that he declines to speak the word
that meant or hinted at conviction.
was it for the jury TO take upon itself
to refuse the prisoner this benefit of
the doubt?
This is not a legal paper. We declare
emphatically that we know nothing of
this aspect of the cause-celebre that, in
fact, we are simply asking question,
and that We should be greatly pleased
if our readers, who are members of
the bar, would take enough interest
in the proceedings and this query to ex-
press their opinions.