The Calumet news. [volume] (Calumet, Mich.) 1907-1938, 1912-10-24
Court Defines the States Case
and Puts It's Merits up
to Jurors
VERDICT HINGES ON scHEpps
States Jury Cannot Convict on
Testimony Of AccompIices

New York, Oct. 24.-Justice GOff to-
day charged the Jury in the case of
lieutenant Booker, accused of the
murder of Rosenthal Goff spoke al
most In whisper. Becker strained
ter instructing the jury that the de-
fendant must be considered innoce nj
until proven beyond reasonable doubt
that he is guilty.
The courts ruling in substance was
that the conviction or acauittal OF
i!ecker rested almost solely on the
question of whether Sam Schepps was
or was not an accomplice He was in
doubt himself on this poirt, he said.
and therefore declined to instruct the
Jury. lie ruled that Rose, Webber and
Vallon were accomplices and that upon
their testimony Becker could not be
convicted of murder in the first degree,
even though the evidence showed he
instigeted the murder. Becker sat un-
moved while the charge was delivered
The case was given to the jury at = 20.
The jurors were allowed until 3:S0 for
luncheon.
The justice defined different degrees
of murder The killing of "A human
being" he said. "can be considered
as murder. manslaughter and excus-
able homicide. There can be no yer.
diet of excusable homicide, and i will
not consider that phase.
This mans case rests solely wtE
YOU But in making your decision YOU
must be guided entirely by the evil
dence and not by the remarks of
counsel"
Murder Ia the first. degree" the jus
tice explained, lis done with intent and
deliberate purpose to kill. and in the
second degree without premeditation.
1t liz not necessary" ne said. that
should dwell at length In defining mur-
Ter In the second degree.
First, i'm the latter part of June,
Eecker told webber he wanted Rosen-
hal killed; secondly. he followed this
with instructions to Rose to have Ro-
enthal killed; thirdly, Rose following
cut these instructions. carried oct the
designs vf the defendant. That sums
up the states case. IL YOU find ii has
dict in the first degree"
Goff asked Counsel Mcintyre If he
should define manslaughter
I'VE make no such request" Beck
er's lawyer replied, and the court |
omitted the definition.
instruct van III Cnf an fapt- |
Guiding, that the events referred to in
this recital Of the states case do not |
exclude from your consideration any
ether events which come within the
st ope of the evidence. 1t Is rot plain
why the gunmen killed Rosenthal at
Eecker's command"
Goff then read the statute governing
the testimony of accomplices and told
The jury that every person who aided,
abetted or participated in any way
must be considered an accomplice.
There is no question that Rose,
Webber and vallon were Becker's ac-
he continued. "As to
there Is question. am in
loubt on this point myself ard there
fore decline to instruct you that he
was an accomplice. You must determ-
ne that for yourselves. There il a
suspicion he was, but suspicion is not
proof"
You cannot convict on the tes:i-
nony of accompliccs. and one accom-
,lice cannot cOrroborate another.
"As TO Rose, you can ask yourselves:
s. 1t within the limit of probabilities
hat he could coneoct this scheme of
ending Becker to the electric chair
iou may consider. whether 1t was
within his mentality to devise con-
piracy, unaided. to save his own life"
AS Becker was being led to Tombs,
he said:
THAT was not charge to the jury.
( was "A thin veiled summing up for
he prosecution. II was absolutely
partial. There was no justice-in II.
lie court simply directing the jury to
cnvict me"