Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1914-05-22
FATE OF BECKER
|. DELIVERED INTO
| HANDS OF Jury
Judge Seabury Reads Charge
as Defendant and Wife
Listen NerVously.
GENERAL EXPECTATION
Is FOR QUICK VERDICT
Seabury Puts Emphasis on Pre-
meditation as Essential for
Murder in First Degree.

NEW YORK, May 22.-Justice Sea-
81 bury began his charge to the jury in
the Becker case at 10 o'clock this
morning. Becker appeared in court
few minutes after the jury was
seated His wife sat at the side of
81 the room.
This defendant" began Justice
Seabury, lis charged with murder in
the first degree. The people do not
claim that he fired the shot that
Killed Rosenthal. But they charge
him with procuring the commission of
N the crime.
M IF this defendant as a lieutenant
4 of police had a murder done, justice
81 demands that he be convicted and
# punished by being sentenced to death.
81 But he must be proved guilty beyond
reasonable doubt"
ia Justice Seabury read the jury sew
s eral statutes dealing with the crime
OF murder to show that N Jaw a man
who procured or aided in the COM
mission of murder is to be consid-
cred a principal.
IF this defendant" he went on,
the murder of Herman Rosenthal he
is guilty as charged.
1.-THE State has introduced both di-
rect and circumstantial evidence. The
law does not act upon circumstan-
Rial evidence alone. 1t does act, how
" ever, when some direct evidence is
W introduced Jurors should not dis
Regard circumstantial evidence sim
ply because it is such.'
Judge Seabury completed his
charge to the jury at noon and the
case went into the jury's hands.
All that could be said for and
against Charles Becker was said yes
terday.
F# The twelve men who must decide
# whether or not he ordered the mur-
der of Herman Rosenthal went to
M their beds in the Murray Hill Hotel
M last night, taking with them Martin
7. Manton's earnest plea that Becker
W was the innocent victim of the vilest
~ conspirator New York ever produced
~ and the district attorneys merciless
~ accusation that Becker was the in
domitable mind that forced little men
TO murder.
Murder of States witness.
District Attorney Whitman early
In his long address to the jury last
hight attacked the motives present.
G ed by the defense for the staying of
Rosenthal-that the gembler died in
war among gamblers.
From the viewpoint of the State it
was not a gambler who died, but a
States witness, said the prosecutor,
and no testimony had been presented
to indicate anything else than that
Rosenthal was killed because he was
Il about to be a witness. If Becker was
q na1o
I man, then he (the prosecutor) could
! not see what motive there could be
behind the killing.
\ The crime itself Mr.. Whitman char
acteriged as more than murder-"a
defiance to our American institutions,
a challenge to our very civilization
itself"
Mr. Whitman described how he had
''pounded and pounded and pounded"
Rose and Webber and Vallon know
ing he said, that they knew the truth
and were trying to protect Becker.
The defense, he asserted had not
presented one essential denial of their
testimony which he declared the
State had corroborated. Because some
of his witnesses We're from the un-
derworld were known thieves and
A gamblers, that fact did not make
them liars, said the prosecutor. and
because of it their testimony should
not be discredited.
Defends Immunity Given.
Discussing immunity and defending
The charge that he had entered into
an agreement with the underworld in
order to "get Becker" the prosecutor
said he believed Rose and Webber
: and Vallon were implicated in the
murder, but he had no evidence
against them. He alluded to the
words of an attorney in the case that
the three had something to sell that
Whitman wanted to buy"
THAT is absolutely true" said Mr.
whitman "They did have something
60 sell to the people 1t was priceless,
worth far more than anything l could
give, worth far more than I could
offer. I would have paid far more
had it been necessary to get what
they had, and it was my duty to get
1t at any COST
He defended his action in granting
the three immunity in return for the
truth, and emphasized that it was
done with the knowledge and consent
of the court. He pointed out that
had their information proved false,
> they would then have been liable to
prosecution, hence they had a most
compelling motive for telling the
truth. He said he would prosecute
them If he found they lied. With the
in the murder conspiracy he said,
adding: TT was a question of letting
all eight go, turning them loose as
wolves upon this community"
"We believe" said Mr.. Whitman in
conclusion, "that Herman Rosenthal
was in a position-at least, that
Becker believed he was-to give to
the authorities. through the means
and with the documents and by the
irstrumentality which he offered, in
formation which would lead, and
must lead. to the indictment of
Recxer and to the conviction of
Becker. And with Becker and no.
hody else lies the death of Herman
Rosenthal *'# He is the one
man that could have profited by the
death of this gambler-he is the one
man whose very existence, an official
whose very income. whose very
mower, was threatened by this mans
life.
1--WE believe that the evidence here
nrcves beyond the existence of q
/ reasonable doubt-beyond the exist
e4ce of any doubt-that the man who
inspired, the man who directed, the
man who compelled that awful muir
tler. is the lieutenant of police, who
mad the power to dictate and the
n mower to accomplish"
Vt r-ns well toward midnight when
NJ. Whitman concluded his address.
"a