Republican news item. [volume] (Laport, Pa.) 1896-19??, 1912-11-01
Jurors Find New York Police
Lieutenant Caused Death
of R0senthal
PRISONER CALM AS HE
HEARS RESULT OF TRIAL
Prisoner Denounces Charge of Court
to Jury as Unfair, and Wife Joins
Him in Attacking Bench for Its
Instructions to the Jury.

Herman RoSenthal, the gambler, IVES
convicted of murder in the first de-
gree on the stroke of midnight.
The fury was out seven hours and
ffty-seven minutes.
When the jury came in Becker was
called to the bar and in few mo
mente heard Foreman Harold B. Skin
ner pronounce the verdict.
Becker listened with composure and
after the usual perfunctory motions
by counsel he was remanded to the
Tombs for sentence.
There was never any question in the
minds of the jurors as to the guilt OF
the accused man. The degree of his
guilt was all that caused doubt. On
the first ballot the vote stood eight to
four for a verdict of murder in the
first degree.
1t was there that the contention
arose. In the minds of the four who
were holding out for second degree
verdict there was doubt as to the
strength that was to be given to the
testimony OF Sam Schepps, and the
testimony taken in Hot Springs, Ark.
Then another ballot was taken,
which showed two converts to the first
degree verdict, the jury then standing
ten to two. Almost two hours more
of argument followed, and then came
the agreement.
Justice Goffs charge was a shock to
the defense. In effect, it expressed
doubt that Jack Rose could have in
vented such a story as he told against
Lieutenant Becker, and that there was
no evidence TO show that Sam Schepps
was an accomplice.
The justice was particular in in
structing the jury that Becker was
not called upon to prove his inno-
cence, and that if there was reason
able doubt of his guilt the verdict
must be acquittal But the features
of his long address were his statement
that the jury must take into consider
alton whether Rose was capable OF
weaving such a story as would with
stand seven hours of cross-examina-
tion and the statement that there was
so much of a doubt in his mind as to
whether Schepps was an accomplice
that he would refuse to link Schepps
with Rose, WALTON and Webber, the
undoubted accomplices.
In dwelling on these main points of
the case, Justice Gotf said concerning
Rose:
ITO large extent, you will depend
in your rendering of verdict on the
truth or falsity of Roses testimony.
You must use your own personal i'm
pressions as to whether he should be
given full credence or not. You must
also take into consideration his de-
meanor, whether it was friendly or
hostile; consider his frankness or
suppression; the consistency of his
narrative and his ability to withstand
the rigid and thorough cross-eXamina-
ton. Then, too, you must consider
his surroundings, his life, his compan-
ions and his business. And you have
the right to ask yourselves whether
his story is true or not. In this con-
nection you must consider whether
his mental faculty is capable of weav-
ing such story. If you do not be-
leve the testimony of Jack Rose, if
you do not accept it as the truth, you
must acquit the defendant
In connection with Schepps, Justice
Goff had this to say:
There is question about Schepps
being an accomplice. / must say that
| am in doubt. | decline, as a matter
OF law to instruct you that he was an
accomplice. / don't find any testi-
mony that would justify Judge as
matter of law in saying that Schepps
was a co-conspirator Being an ac-
cessory after the fact cannot make
him principal in the crime
Lieutenant Becker and his lawyers
furiously denounced the charge as un-
fair and as virtual direction to the
Jury to convict the defendant After
the justice and the jury left the court
room Becker stood up in court and
said loudly:
THAT charge was absolutely unfair.
II was one-sided. 1t was not a charge
but summing-up for the State. He
might as well have told the jury to
find me guilty
In answer to many questions. Mr..
Whitman said.
I'VE shall go ahead with the prose-
cution of the remainder of the Rosen-
thai murderers as rapidly as possible.
The gunmen, "Gyp the Blood" Whit
ey Lewis" "Dago Frank" and Lefty
Louie" have applied for separate
trials. Under the law the request
must be granted
81 will move for special panel of
veniremen from which the jury for
the first of these trials may be select
ed on the first opportunity. IL has
not been decided which of the gunner
will be tried first"