The Birmingham age-herald., 1912-11-20
Jury Brings in First Degree Verdict After Twenty
 Minutes DeIiberation
THOSE CONVICTED
 SHOW NO EMOTION
SS Golf Wip K Day for Pronouncing Sents This Morning Wahle Az nces He Will Take Alp <Sl-To Be Near Becker

enthal, the ganlhler, at the iHstisatian of Charles Becker, and must pay the penalty Of death in the electric chair. The Jury. which has been hearing the evidence against the four gunmen, so decided today, when it returned yer dict of murder in the first degree after but 20 minutes deliheration.
 The gunmen heard the verdict pro- nouneed against them without show of emotion. They stood at the bar look ing straight ahead as the foreman of the jury made known the result Of it's deliberations, and they continuerd to stare stolidly in front of them until the fornalities of the proceedings were con cluded. demanded to their cells in the Tombs until tomorrow morning, when Justice Golf will fix the day for Imposing sentence, they turned and filed out of the court room with as firm a Istep as when they had entered.
 'Whitey" Lewis Shows Emotion
 "whitey' Lewis--he who was the most dramatic of the four when he tes- tifsd on the witness stand-alone walked with head bowed
 As they entered the door leading over the Bridge of sighs. 'Gyps said some thing to Lefty in su1len undertone which none could hear Outside, Lefty'sn doll faced wife, Lefty Lillian, as she is called. wept on the shoulder of her husbands father who vai.ily tried to comfort her. "Gyp's wife, known as "Gyp's Lillian" received the news in the house of detention. The two other gunmen are unmarried. Former Magistrate Charles G. F. Wahle. counsel for the gunmen, an nounced that he would appeal from tie verdict, and, as in the case of Becker. months may elapse before their ult3- mate fate is determined. Meantinis they will occupy cells near that of tbs former police iiensenanf in tho dealh house al Sing sing.
 Although tho jury was actually oat of the court room an hour and five minutes, 1t was but 20 minutes after their retirement that word reached the clerk of the court that they had arr rived at a verdict This was at 1:55 o'clock, but Justice Goff was at lunch and he did not return until three-quar- ters of an hour later.
 Charge Occupies Three Hours
 The final day of the trial opened with Justice Goff's charge to the jury. which occupied three hours The charge emphasized many points in the testi- mony of the gunmen which the prose- |cution, in it's summing up, had declared were discrepancies fatal 10 the credi- bility of their stories.
 If the defendants contentious were true that Rose and his companions Web Der. yallon and schepps shot Ros- entha1 would he have invited them around to the Metropo1e hotel to the scene of the shooting2" Judge Golf asked the jury. Did the defendants tell the truth when they said they saw Rosen- thai shot and were near enough to dis tinguish the faces of those who did the shooting, but did not see Rosenthal fali? Was the testimony of the three defend- ants in support of the alibi of Dago Frank interposed by prearrangementsH
 Similar to Becker Ruling
 He said these were facts to be con- sidered. As in the charge to the Becker jury Justice Golf ruled that Rose, Vallon and Webber were accomplices. Schepps status he left for the jurors to decide. He said there was nothing in the law to pre- vent the jury from giving full credenes 10 the testimony of Rose or his confed- crates.
 What I say applies 10 all the defend- ants and only in one case shall I separate one from the rest" said Justice Golf Herman Rosenthal was Ehot to death under circumstances of exceptional reck- lessness. Rose and Schepps say to the others, You did the murder These four defendants say, We admit the murder, but you committed It. 1t is a remarkable situation these two groups of men each accusing the other. Rose has taken the witness stand and acknowledged partici- patton in the crime. 1t was a remarkable narrative that he told. Can you say that that man constructed and conceived this plot without there being foundation Of truth in it? From the defendants months themselves we learn that Rose feared them. The defense accuses Rose of con structing the story fo save his own life It is for you to say in hearing Rose in criminate himself in telling this narra- tive. whether there was not truth to sup port his story or whether t was pure imagination"
 Did Not See Shooting
 Lear in mind that Rose did not testify
 
 Would he have stopped short just before the culmnation of the plea and fail to say that he saw them commit the murder If be was not telling the p~uth?"
 Tie court pointed out that although the defendants had testified that they were not more than 40 or 50 feet away from the murder scene. and saw the shoot ing they claimed they did not see Rosen- thai fall. The truth of these statements the jurors must determine for them selves, he added. He said it was of in- perative importance for the jury to con sider that all the defendants had testi- fled to taking particular notice Of the gray automobile in front of Webber's $ poker rooms
 Why in street where many auto mobiles were accustomed to pass shouid all tl,e defendants fake notice of this narticuIar machine?" the court asked a1'hat is for you to determine." he con cluded. and the jurors should weigh whether it was possible for 'Whifey Lewis to see the whole scene Of the murder by the light of the report Of the pistol II k also proper for you 10 consider whether the similar language used by the defendants in describing con-
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