New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-10-29
Privilege Limited.

says now is not likely 10 assist us In the
work before US"
Privilege Limited.
Assistant District Attorney Moss point
ed out yesterday that the formula which
required the clerk of the court to give a
CONVICTED man an opportunity to speak
before he was sentenced related purely
10 some legal cause which he might have
to object to his sentence, end Il was Gus
tomary for his counsel TO do The talking
for him in that respect. II was highly
improbable, Mr. Moss said, that Justice
Gon, with his reputation for sternness
when It came 10 maintaining the dignity
Of the court would permit Becker 10
make any explanations" now that the
jury had passed on his case and found
him guilty.
The convicted police Lieutenant win be
arraigned before Justice Gon, in the ex-
traordinary term Of the Supreme Court,
Wednesday, at 1890 a. m, AS soon as he
is arraigned It devolves upon the District
Attorney TO move for sentence. Then the
clerk will ask him II he has anything to
say why sentence should not be pro-
nounced against him. Before sentence IS
passed his counsel will make the Gus
tomary motions for a new trial. 10 set
aside the verdict as contrary to the
weight Of evidence and for an arrest Of
Judgment, all OF which, II is foregone
conclusion, will be denied by the court
JJpon sentence, the prisoner is Immediately
turned over to Sheriff Hamburger. who is
responsible for the safekeeping OF the
condemned man until,he Is transferred TO
state prison.
Sheriff hamburger is not disposed to as
sumo that responsibility any longer than
he has to, IL is said. and may remove
Becker TO Sing Sing the day he is SEN
fenced. There is no legal restriction on
the court as to the time which has 10
intervene between the day of sentence
and tba day OF execution, but 1t Is Gus
+orrary to set the execution Tor aoou'
sv weeks after sentence TO allow inc
oo,,aeroned a reasonable time to arrange
his worldly affairs.
II precedent IS followed, Beckers e"ecu-
| t,on nrobably will be fixed for the week
bepinning Monday December TO- Inc
law requires the Sheriff 10 remove nm
10 state prison within ten DAYS alteE ee"
tsrce Becker's counsel VIII serve notice
NJ appeal on the District Attorney ioi-
tourtno the sentence, which acts as stay
~ execution for six months, during Whlch
t,,,,o tho defence must complete its case
| Cor onneal II there Is any reasonable
daIav on the part Of either side the time
! for arguing the appeal before the court
NJ Appeals may be extended, on request
hevond the six months period IL the
anpeal goes against Becker the only nope
ne would have left for his life is COM
r,utation of sentence. or pardon from
the Governor.
New Evidence About WALTON.
| Mr. Mcintyre has In his possession
nswly discovered evidence which tends 10
srpport the theory that Harry Vailon'
and not the four gunner, did the shoot
ing. The testimony Of three new WIZ
nesses on this point will be incorporated
! in the briefs prepared by the defence TOT
appeal, It is said. One witness is an up
town gambler who, IL Is understood, de-
| olares he saw WALTON fire the fatal shots
and afterward saw him get into the gray
automobile across the street.
| Another witness is said TO be highly
reputable citizen apparently a lawyer
who is said TO have talked with Rose In
the Tombs three days before he made his
confession TO the District Attorney, and
TO whom, It is reported, Rose declared
that WALTON did the killing.
| A third witness Is q man, IL is said,
whose name has not been mentioned In
the case, and who was not available as
witness at the trial. He is declared to
have been i'm the Lafayette Baths with
Rose, WALTON ana Schepps the night OF
/ the murder, and to have gone with them
to the house of Dora Gilbert, RosenthaIs
former wife. to get the AFFIDAVIT for
Rocker He accompanied these men later