The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1914-02-25
BECKER GETS new TRIAL:
FOUR GUNMEN MUST DIE

/ the prorrie,y OF excluding schepps a.
an aCCOmplice.
The decision in the 90, OF the four
EUnmen "Gyp the blood" Whitley
Lewis. "Dago Frank and Lefty
Louie" was unanimous. They had
ayerred that the evidence against
I them was insufficient To warrant con
vIctiOn and also the court had erred
| In handling their cases. but these con
/ tentions weee held by the court 10 De
gruundless.
The date for the execution OF the
Eunmtn will be- fixed by the court
within few days. The death war.
rants are I'm the clerks office ready
Tor the signatures OF the Judges when
they decide when the clectrocution
sail take place. The law provides
mat the date OF the execution sail not
be deferred more than six weeks after
the judgment or conviction has been
announced. The Court OF Appeals
however usually allows only five
weeks TO elapse. II precendent Is FOL.
lowed the eunmen viii bc cleCtriCuted
during the latter part Of March
Although the Court Of Appeals made
. no attempt to pass upon the weight
OF any OF the evidence. nor To fix the
status OF any fo those alleged TO have
been connected with the crime. ither
than the five convicted men. Il dealt
at length with their Testimony.
Regarding sam SChcpps. whom Jus
tice Gotf permitted the jury TO find
was not an accomplice. the opinion
said
While the presiding Justice permit.
ted the jury to find that Schepps was
not an acComplice of Rose and the
others and therefore not guilty like
ihem Of the murder Of Rosenthal
some Of the members of the court be
live that the finding was opposed to
the overwhelming weight OF the
EVIDENCE 90
Not Directly Connected.
Attention was called 70 the fact that
Becker never was directly connected
with the crime but mat the. testimony
OF others who We're Jointly suspected
convicted him. OF the five Witnesses.
l.uhan. lialleu. Rose. Webbcr and Val.
Ion. was said.
One Of them. Luban. was produced
Tor In" purHcse of trial by the Grim
NAL authorities OF q neighborinc state
q Whcr" he was confined in iail on some
conviction or charge whereof the ma
lure does not appear. After being
Drought 10 New YORK and before GO
ln@ ON the stand this witness. i'm a
manner which We cannot but regard
as suggestive. was given an opportuni-
" Tor conference with Rose. the chief
Witness lor the prosecution and who
was Immediately to follow him on the
stand. Their evidence entirely bar-
mohlous. Another. Hallcn. was a de-
generate lawyer and convict who was
also temporarily delivered rom ian to
DC witness IN addition TO the i'm
peachinent OF their evidence furnished
" their character and by the direct
contradiction or other witnesses. mucb
ol tfe testimony Of these men is. as il
Stems 10 US, inherently probable and
unworthy of belief
Three Of the other witnesses were
Rose. Webbcr and Nallon. gamblers
ana aWbreakers already referred 10
Una rpuiably they were guilty OF rho
murder Of Rosenthal. Soon after n
occurred their conn licitv in hiring tb,
men who actually killed him was es.
taDIshed and there was no CsIestfon
mat they had forfeited their lives ana
Htre subject To the punishment of
utdIh. Bui they claimed that the do.
lthuant had lnstigated them to commit
ms dreadful crime. and bv yirtue ~
ms claim they secured from the dis
Flc' attorney with the consent OF the
curt as the stimulation rpcites. an
~ ..ul'Hl IN writing. giving immunity
20 tntnl, conceded murderprs. IN rho.
would furnish evidence tending 10 con.
Elct Becker who thus far had only q.
been accused Of the crime %
Other Features.
on, D'''l i'@' ur"@ regarding the testf.
follow. f''H'eu 'HI'
That none OF the witnesses araips,
Becker was able 20 fix or apDroxr-
.Iai' iE" date Of tho so-called liar
."u conference ar which IL was de.
CARED Becker uadr tho arrap,c
mcni with Jack Rose and other a
Elli BosautfaI
That there g. crave doubt ~ there
vas any evidence whatever To corro-
hprai" tho testimony Of tho six wit
nesses 10 the effect that becker was
an accomnlice TO the killing
That when tho eo-calIed Harlem,
'onI'r'nr" took place RosputhaT had
obtained no attention 10 his coupIantt
AGAINST Becker This weakans the
'heofy Of the prosecution that be
cause of Boscntha's complaints Bee
knt desired him slain u is reason
able 10 suppose that Becker was not
sufficiently disturbed AZ that time t1
resort 90 such desperate methods as
murder. and vet b. ig essential for tho
faf" under be- theory 20 establish
That the plan 90 murder Boscnthai
was formed gf this conference
That On" two rhluGoure who are
said 20 have carried Rose and HIS
friends fo tho Harlem conference
never were produced
NiI'r referring fo all of these facts
and circumstance tho opinion went
ON fu say that IN tho lirht Of much
doubt existing as to Bockcr's guilt
Ho certainly was entitled 10 the fair.
o. trial which ho did not get under
Justice G1G
Practically an o. Tho opinion wa
devoted to criticism of tho Ncv
York Justice
Ngw YORK. y y. reb O.
Nra Becker was informed of tho
oron'iuusa on PEE rino1