Evening journal., 1912-10-25
IS
STUNNED BY
CONVICTION
Declaring Himself Innocent Of
ROSenthaI Murder, He viii
Appeal Case
PASS THE DEATH
SENTENCE ON WEDNESDAY
BY The United Press.

by The United Press
NEW YORK. Oct. 25.-ln his cell in
the rombs. Police Lieutenant Charles
Becker. now convicted murderer,
awaiting the imposition of the death
penalty, had today recovered SEM
blancc of the iron nerve which had
sustained him during the long hard
Gays of the trial He was still hope
ful. His lawyers had told him that
the verdict returned TO Justice Coz
exactly on the stroke of midnight.
could not stand They had explained
TO him as the case progressed each
point which. they said meant revers-
able error as a result of the decisions
OF Justic Con and Chief Counsel Me-
intyre. when Gofi ended his charge
TO the jury had entered an exception
to the whole of the address and had
explained to Becker that no adverse
verdict prcdicated on such instruc-
tons, could stand
SO Becker. still hopeful. although
realizing fun woll that there were
many weary months ahead of him ia
the grim white washed death house Ia
the southwestern corner of Sing Sing
prison, seemed concerned mostly to-
day over the condition OF his wife The
fact that she had fallen into a death
like swoon when she first heard OF the
verdict early today, and that after he
had passed from her sight across the
Bridge OF Sighs she had again coll
lapsed had been kept from him. Hls'
memory OF the brave little woman
whose plaintivc appealing cry OF MY
Charlie Is az innocent as a baby still
rings In the ears of those who had
ttsIt Llt hot Il..
verdict had gone against the man she
loved. was of a blueclad form stand-
ing below the Bridge Of Sighs blowing
with both hands, kisses OF love and at
l lection as, with a guard on each side.
he had gone back TO the coll which
he will occupy until taken 10 the pris-
lon death house up the river
Becker insisted ihat he was iuno-
F., cent lie blamed Justice Gons charge
for the verdict Of tho jury. ilo Insist
cd that " was adroitly framed 80 that
every point made By the state was de-
yelopcd for tho benefit OF The Jury,
while those made by the aefepse Ncrr
covered over and cnshroudcd Wth
doubt Becker was also rcrretful
that he had not had his way and gone
on the stand TO tell his own story lie
believed this was a tactical mistake OF
Attorney Mcintyre and that he could
have explained the points that stood
out against him and at the same timo
have protected himself from the as.
saults of the district attorney. But ho
accepted the belief of his lawyers that
the verdict would not stand and was
prepared TO philosophically await the
result Of the action OF the court OF
appeals
Mcintyre and his associate counsel
said that they would appeal thcicase
Immediately I'm fact realizing that
the decision would almost certainly
be against them they have been care
fully preparing their facts for the ap-
peal aud viii nlo notice Immediately
after sentence is passed on next We'd
nesday
Under the law OF New York state.
the filing OF a notice OF appeal acts
automatically as a stay of execution.
so no matter what date is fixed by
Justice Cor IN imposing sentence. 1t
will merely be a matter of form
Verdict Surprise.
The verdict was q complete surprise
10 nearly everyone that had followed
the case closely District Attorney
Whitman, who prosecuted and his as
slslanis FRANK MOSS, dumlttcd today
that they themselves had expected n
disagreement and that the most they
had looked for. II a verdict were re-
turned. was one of second degree
murder So far as Attorney Mcintyre
was concerned however. he had little
hope from the time the jury went out.
He made q plain. that while he was
not criticizing the court, he believed
! Il Il.
charge. but convict. and the only hone
he had was that some Of the iurymen
would hold out against the death pcu-
atty and so bring about a disagree
ment
Il was stated at the Tombs today
that Mrs. Becker will he permitted to
visit her husband daily until he II
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