New-York tribune., 1914-03-30

death pronounced upon these defend
ants upon our verdict be STAYED until
there be a final determination or the
guilt or innocence OF the said charles
Becker or other disposition OF MS
case.
We feel. as Jurors called upon TO
discharge serious duty imposed upoh
us by law. and which, upon the evil
dence presented TO US. we conscien-
tlously decided that every posslblllty
OF any error should be eliminated pc
fore the Judgment upon that NerdCt
is executed. and join in the request
for a reprieve or stay of the eXecu-
ton of the judgment against these ue-
PENDANTS until some time atter tne
disposition Of the case against Charles
Becker. to the end that If anything
hereafter occur or any information De
procured, or during the rlai OIL
Charles Becker be brought 10 light.
which may rebound 10 the penent Oh
these defendants, they may nave an
opportunity at the proper Tune 10
avail themselves of such development
or revelation
New York, March 70, 1914.
The argument of counsel on the petition
reviews the evidence presented at the trial
against the prisoners by the witnesses
Rose. Vallon, Webber and Schepps and the
eyewitnesses Krsuse, Luban, Stanish ana
Shapiro Referring 10 the fact that the
men have been sentenced TO die in the
week Of April 13, counsel says
Becker the Big Worry.
"The custom has been TO execute judg-
ment Of death on the morning OF the Mon-
day Of the designated week. If this Judg-
men: Is to be enforced, then, early on the
morning of Easter Monday, these pc
t:tioners, ranging in age from twenty-five
10 twenty-seven years, will be put TO
death for the killing Of Herman Rosen-
thai, of which crime they assert their
innocence. while Rose, Webber and Nallon'
confcssedly accomplices. will walk the
streets OF the city in which their crime
was committed with the consent OF courts
and District Attorney as free men, WITH
no fear OF earthly punishment for their
crime.
"If the Court OF Appeals's decision re-
suit. i'm Becllers elimination as con
spirator I'd bring about Rosenthars death
then these four petitioners remain, II we
accept The peoples theory. the miserable
tools and victims Of Rose, Weber. Val
lon ana Schepps besuiled. deceived ana
forced into this crime by this quartet, ana
then by these deceivers and masters de-
livered up to slaughter that their own
lives may be saved
"They are 10 pay the penalty OF crime
conceived. fostered and arranged by
others. for the benefit OF others, without
any personal gain to them. except I'M
munity from false charge and long term
Imprisonment (referring to the theory that
Rose had compelled them to do his BIDDING
under threat of framing them up on
charges of carrying concealed weaSonsp :
they are to pay the penalty or DEATH ana
Rose is TO be permitted TO so through TINS
country preaching on the reform of young
men. Webber. Vallon and Schepps to as
sociate with respectable citizens, free OF
any punishment. for this crime.
Justice Like Becker's Case.
II is pointed out that this is not said
in criticism of the course Of the District
Attorney. for it was his duty TO use the
weapons that came to his hands, pul
merely 10 state the facts as borne out py
the record in both cases, "a CONDITION
which shocks the moral sense OF what is
right and which should require, II Is re-
spectfulIv submitted, from the Executive
q most careful scrutiny Of the records
and sedulous investigation Of the entire
situation
II is asserted that although the Court
of Appeals drew line Of differentiation
between the Becker and gunmens cases,
they rest i'm the main on the same founda-
ton, and that it was only In their devel-
opment that they differed. In conclusion
counsel says
ct is believed that justice will be salts
fed under the exceptional circumstances
of this case if the punishment were COM
muted. but, surely. every rule OF puphc
decency and every desire for fair play, II
is respectfully submitted. would dictate
that these four men be given the oppor-
runitv of having whatever beneht may
core ia them from the Developments and
the determination of Beckers case
Affidavits Of Hartford T. Marshall for-i
NOR Assistant District Attorney and coun-
sol for "yack sullivan Jacob Reicn)'
who was indicted with Becker and the
eunmen. and Samuel Kalmanson. OF but-
falo. in support of the contention thal
VaIlon and Webber did the shooting the
contents of which have been published
wore included in the petition papers.
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