New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-10-27

not discuss yesterday the twelve grounds
for appeal as given out by Beckers couh-
sci on Friday. He said, however, that the
District Attorneys office was not worry
ing about the result of an appeal Il
think we have a perfectly clear record"
he said "and l believe it will hold
Mr.. Moss said that in taking such
large number of Wo-he
thought the defence weakened the case
The IA requests Of the defence ior
charging the jury. he considered, had the
same tendency. Forty such requests ior
Justice Goff to charge on SPECIFIC points
would have been enough, he said.
The four gunner in the Tombs, ne de-
clared. contrary to Judge Wahles asser-
ton. because of their desperate plight
since Becker's conviction and the prom
ise OF Shapiro as a witness against
them, are becoming suspicious OF one an
other, so much so that their counsel sees
them only when they are all togethcr'
Following the suggestion Of terms Ter
them to the District Attorney by their
counsel it is expected one or more OF
the gangmen will soon show a disposi-
ton TO turn states evidence Mr.. Nhlt-
man has not said definitely yet whether
he will accept confession from any
Of the gunner.
Calls New Evidence Important.
Becker's counsel said yesterday that the
ground Of newly discovered evidence
would probably play an important part IN
appealing the case Information had
reached him, Mr.. Mcintyre said, that
Jack" Dunston, the proprietor of Jack
restaurant, at 43d street and Sixth ave-
nue., and other witnesses, would MAKE
affidavit they saw the Shapiro car at mat
corner before the murder, and one of the
men in it was visibly i'll and apparently
under the influence Of liquor.
Dunston and other men joshed the man
I'm the car about his condition, and he re-
piled TO them in strong language 1t was
said. 1t was only a few minutes after
ward that Dunston and others in his
restaurant heard the shots which ended
Rosenthals life.
This evidence would tend to support the
contention Of the defence from the first
that Vallon was a fifth man in the car
prior TO the shooting and was drunk at
the time. and that he actually did the
shooting in a drunken frenzy when II was
intended only to beat up" Rosenthal so
he could not reach the District Attor-
neys office for a couple of weeks, and
perhaps not feel inclined to "squeal" after
that.
The members of the Becker jury main
tained their secrecy yesterday about the
happenings in the jury room. While I'M
der no legal obligation not to talk about
the ways and means by which they
reached their verdict, they evidently be-
lieve Justice Golf was right when he
said # was best for their own sakes 70
keep quiet.
II was understood from another source
that juror No. I, Charles J. Peatt, Of No
2Ol st. Nicholas avenue. was the last man
Of the four who first stood out for muir
der in the second degree to be won over
by his associates. 1t took a long and
heated argument TO persuade the four
men who were said TO stand against the
majority and the convincing Of No. 7
occupied some time after the others had
voted for a first degree verdict, ii was
said
Mr. Whitman and Mr.. Mcintyre have
gone away until Tuesday to recuperate
from the effects Of the trial.