Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1913-12-01
BECKER'S FIGHT.
FOR RFREEDOMIS IS
ON IN ALBANY
Decision on Convicted Police
mans Appeal Not Expected
for Three Months.
WHITMAN NOT SURPRISED
AT 1.-THE NEW EVIDENCE"
Murder Witnesses Plan Would
Send Himself to Chair,
It's Claimed.

ALBANY, n. Y, Dec IA con-
spiracy which found its support in
perjured testimony put former Police
Lieutenant Charles Becker in the Sing
Sing death-house for the murder of
Herman Rosenthal, attorneys for the
convicted man argued today in the
Court Of Appeals. Justice Goff who
denied Becker a new trial, and Dis
trict Attorney Whitman, who prose-
severely. Becker's counsel appealed
from the order denying their motion
for new trial, and asked for re-
versal of judgment.
Mrs. Becker was in the courtroom
by the special request of her husband.
1t is expected that a decision in the
case will not be rendered for three
months.
Twenty-Five reasons why the judg-
ment of the lower court should be
arrested were given by Attorney
Joseph a. Shay. Chief among them
were: The trial was unfair; error was
committed in excluding evidence;
Sam Schepps plainly was an accom-
plice; the verdict was opposed to the
weight of the evidence; "innumerable
Incidents and circumstances which
occurred during the trial were preju-
hitldl u the ueHIeHudDI, 1lCluulIR the
argumentative charge"
Ask Indictment be Dismissed.
The date of the alleged meeting in
Harlem between Becker and the gun
men never was set positively, and, in
| as much as it would be impossible to
| fix this date on new trial, the in
dictment ought to be dismissed.
The hearing today Is in no way af.
| fnpfaH hIy fhp ria tbat
Sam Schepps has offered for $4,000
to make affidavit that his testimony
at the Becker trial was perjury, and
to assure a new trial If not an ac-
quittal. If Becker's attorneys should
get an important affidavit from
Schepps. they would embody 1t In q
motion before Justice Goff for a new
trial
District Attorney Whitman is no
surprised that with the arrival of tn,
date of the hearing there should conn
also the company of rumors of new
| found evidence. They are the renew
al of suggestions made long ago, h
| says, but never developed
! Mr.. whitman makes the point tha
nothing has been disclosed in tn
year elapsed since the trial whiol
! could not have been produced whil
thetcase was before the jury. All tn
evidence should have gone into thl
record at that time, he says. In view
| of all he knows about the case, tn,
| District Attorney is not giving seri
Gus consideration to any of the re
| ports of new evidence
Only Way schepps Can Aid.
The only way Schepps can hell
| Becker is to take the former police
mans place in the death cell. Thi
is the opinion of Assistant Distric
| Attorney ]. Robert Rubin, VIII,
helped prepare the case for trial ant
brought Schepps to New York from
Hot Springs, Ark, whittier the wit
ness had fed after Rosenthal wa
/ killed.
IF Schepps is to clear Becker" saic
Mr.. Rubin, "he must tell first-hanC
story of the murder and swear tha
Rosenthal's death was due to another
! plot and not to the plot arranged b,
Rose, WALTON and Webber.
Such a first-hand story, in order t
profit Becker, would necessarily in
clude the admission that he was il
the other plot; otherwise his storl
would not be first hand. This woulc
expose Schepps to indictment fo
murder, and, even though he Il
abroad, he could be extradited. So i
ScheppS has any new affidavits t,
make of value to Becker he will ge
into deep water himself.
Even if Schepps's new story doe
not include an admission that he wa
an accomplice in the murder o
Rosenthal--an admission that il
necessary if he is to benefit Becker
but is simply an affidavit to the effec
that he lied when he testified a
| Becker's trial, he will be liable to al
Indictment for perjury, which like
wise is an extraditabe offense
SO far as / can see, Schepps's onl,
chance to help Becker is to trad'
places with him. However, Schepp
has not yet sworn to his story h,
does not want to go to jail