The sun. [volume] (New York [N.Y.]) 1833-1916, 1913-05-20
BECKER SAYS GAYNOR
INFLUENCED VERDICT
In New Trial Plea calls
Mayors turran lr>ti-
mony Vicious.
NOW HAS ITZk\ READY
Says Friendship for .lack Rose
Was Purrl, a Business
Necessity.
! NOW HAS ITZkN READY

IN" grounds upon which Lieut.
charles Becker viii ark for q ncN trial
have been prepared aud JOS Pll y. shay
Of counsel FOR Becker served notice
upon District Attorney Whitman yes
terday that the motion VIII he made
on May 2S. in Part /. ~ the supreme
Court. where Justice Gerard Will hc
sitting II will propanly pc referred by
him tn Justice Con. who presided al
the Becker trial
An affidavit by Becker makes up a
large part Of the petition of 80 pages
It states ths, public Clamor. newspaper
headlines and the Curran Alderman!c
committees investigation played a part
in the conviction. Mayor Gaynor comes
in for special mention because of his
statement before the Curran commit
toe to the effect that Becker was the
head and front" of police grating
The Mavor Of the city Of New York.
Eecker saws. referring 20 the Mayors
testimony. made a vicious attack on
me. and asserted that | was the head
a nd front Of graft In the Police Depart
men," lie adds that the press mad"
"g,arlng use" Of the Mayors remarks.
The petition bases the motion for y
new trial on four grounds. that new
evidenc. has been discovered: that the
jurymen were separated without leave
of the court: that the verdict was con
trary "a law and that the ends Of JUS
tlce would b" furthcrcd by a new trial.
All except the second are custom
ary and technical. The second point
refers To Samuel l.. Haas, one Of the
| Jurors. who was allowed to 20 home
| and visit dentist.
In respect ~ new evidence The afr
| davit says that ltskv has been founo
since the trial itSky was a charff"af
who frequently drove Rose. Wchher
Nallon and Schcpps and was mcntionc,
a. tn" driver OF an automobile in whici
som, vf the plotters drove to Dag,
Franks HAT at l3lth street and Scv-
enth avenue the night Of the murder
Itsky has told Mr.. shay. according t'
the afndav!t. that he did NOT drive th'
| .nformevs that night.
| Lieut.. Becker enters u general denia
10 much Of the testimony produceC
I
take tho stand in his own defence an'
this ~ the first opportunity he has Aa'
uf DENYING the stories told hy the State
witnesses. Ii" says l." did tot mec
Rose Wehber and Nal.on at n r@s,aH
rant in Forty second street after th'
killing of Rosenthal
An interview 10y Bridsle WebDer oi
his return from CUBA after the con
viction is quoted extensively as contra
dieting Webber's testimony given a
the trial and as tending TO .Nouerat
Becker. AffdaNts Dy newspaper rc
porters who reported This interview
accompany i to offset later denals b.
! Webber of It's correctness
Beckers affidavit scorns the ldei
that he was socially intimate wit
Jack Rose. and continues: MY appai
ent friendliness to him was merely
business necessity. " Then il goes %
to characterize Rose as u spy. No men
! ton IL made in the affidavit of Becker
: visits 10 Roses house. which were testi
fled TO ~ III" trill.
Th. District Attorney Will oppos
, the motion for u new trial on th
ground that there j. nothing in th
affidavit which could not have bee
introduced in evidence at the tria
District Attorney Whitman und Assis,
, ant District Attorneys Moss aud Rub
, will appear TO oppose tn. granting ,
/, the motion.