The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1912-10-25

John r. Mcintyre dsclinsd to commnsi
To 40 20. he said. would place him In
contempt Of court.
Proves g Ne .keysteae.S
Stripped Of its legal verbiage. the
charge. in effect. was ruling that the
guilt or innocence OF the prisoner rest
ed almost solely spon the debatable
an accomplish to the crime. Dappef
little Schepps, when arrested at Hot
Springs. STYLED himself the "keystone
of the arch" As events transpired ne
spoke truer than he knew. The Judee
himself was doubtful as to Schepps
status and declined to guide the jurors
in a decision,
What he did instruct them to do was
20 return a verdict Of frst degree muir
der or second degree murder. or 10 ac-
quit the defendant. Manslaughter WIS
eliminated, and mo compromise Ne'
dict" was directed upon the motioh
of Becker's lawyer. BY Tar the sIea
or mart of the courts INSTRUCTIONS
dealt with murder in the first degree.
Flanked by counsel. face expression
less. Becker sat chewing gum whiie
the court delivered the charge. bach
Of the railing sat his wife. head bowed
ewes downcast. The white-haiieo Joe
tice spoke in a monotone. bnt VIII" III
cisive deliberateness.
81, ,s not claimed by the prosecutor
that Rockers hand did actuaHy
Rcsenthal," the justice said al d crue'a'
MIN, TT lis claimed that he re-
nuested and directed the killing sh ouio
he dome. and. as l have already IN
structed the jury. Becker in law ihus.
be held responsible for the acts oil every
one who acted in pursuance OF ms re-
quest or Instructions. ,,
at is important here that ! shouio
airsc, Won as to the law governing the
case now presented. where person
is claimed not to have done the actuai
killing. but t. have inspired anu
instructed il. Under the law Becker
stands charged principally with the
commission OF the crime OF morosI
on the ground that he eounseled anu
advised It."
The court here added that the main
Witnesses against the defendant were
without a doubt accomplices. as ne
SO branded Rose. WALTON and weber.
Schepps's relation he would not de-
fine.
Reviews the Evidence.
Justice Goff read to the jury what
evidence" adduced by the State. First,
in the latter part of June Becker told
Weber he wanted Rosenthal killed;
second. he followed this with instruc-
tions to Rose to have Rosenthal killed,
Rose following out this instruction
carried out the designs OF the deieno-
ant. That sums up the states case.
If you find it has been proven you
must return a verdict Of murder in
the first degree.
sThe State must prove this clearly
and beyond reasonable doubt before
you can render such verdict.
Justice Gor narrated in detail
Becker's movements on the night Of
the murder as testified to by witnesses.
Il instruct you.'' said the justice, in
concluding his reading, that the
events referred to in this recital of the
States case do not exclude from your
consideration any other events which
come within the scope of the evidence.
There is no question that Rose.
Weber and WALTON were accomplices.
he continued. las to Schepps, there Is
q question. i must say that l am
in doubt on this point myself. and
therefore I decline to instruct you
that he was an accomplish. You must
determine that yourselves. There is
suspicion that he was; but suspicion Is
not proof.
you canno, convict on the testi-
mony of accomplices. and one accom-
pIice cannot corroborate another. The
point you must determine yourselves,
is whether Scheppss testimony shall
be considered that Of ccrrooorat'nS
witness or that of an accompilce.
1t is hard to prescribe as to just
how far q jury may consider testimony
Of accomplices, but there must be other
testimony to mix with it. The law
says such testimony must be received.
and il is the intent Of the law that
such testimony shall be caretuiiy con-
sidered and weighed.
There is, therefore. no inhibition
upon YOU from considering as true tes-
timony of Rose, WALTON and Weber
LAS to Rose you can ask yourselves:
is it within the limit of probabilities
tina, he could concoct this scheme o.
sending Becker 10 the electric chair?
You may consider whether it is within
his mentality TO devise this conspiracy.
unaided, to save his own life
IF his story impressed you as hav-
ing no foundation in truth, is con-
ccStion. the case Of the state VIII
have TO fall and You will have to ac-
quit the defendant
1T has been SAID tnat EsVscAeAo'
was unpopular. and that other gamo-
,ers killed him: that they now are
seeking to rid themselves OF Becker.
instruct you that that situation
would not excuse the defendant II he
made use OF Il for his own purposes.
II he intended murder, he becomes the
principal in the act. and II the men he
caused to commit murder were also
Impeiled by other causes TO their oeeo.
the defendant 10, nevertheless. guilty
ss II his directions were the only cause
Of the gunmen's act
Becker's conviction came exactly
100 days. almost to the hour after the
murder OF Rosenthal 1t was in the
early morning hours OF July lS that
IN. gambler was shot to death In 'front.'
OF the Hotel Metropolis. On July Il
the grand jury took Up the case: on
the 18th Il indicted Becker. On August
8. he was arraixned and pleaded not
puiltv: on August 20. he was rein
sicted His trial was set for Septen-