The Birmingham age-herald., 1914-02-25
Supreme Court Reverses
Conviction of Police Lieu
tenant for Murder
MAY NOT HAVE TO
FACE SECOND TRIAL
Becker Never Directly Connected
With Crime. SAYS Court Decision.
Date of So-Called Harlem
Conference Brought Up

New York. February 2I.--The consic-
tion of Charles becker. former police
lieutenant, of the murder of the Rnm-
bier. Herman RosenthaI, was annulled
today by the court of appeals at Al
banN, The highest In the state. lie IL
entitled 10 n new triai. hut II seemed
probable tonight that he might 40 free
without facing II second ordeal. II WINS
made known TINT District Attorney
Charles :. Whitman believes thnt IN
der the prev aiIine opinion handed down
be the couri conviction n second time
win he impossible.
Appeals taken by the four gunmeu,
whitney" Lewis. "Leftie Louie "Gsl,
the Blood, and "Dago Frank. convicted
as actual murderers OF Rosenthal. and
whom Becker was accused or having ia
stgated to commit the crime. was ror
sustained and they will have TO die IN
the electric chair, probably IN Maren.
except in the event of executive cleir-
ency.
Whitman's Comment
"1'he district attorney is the last man
in the world" said Whitman tonight,
who should want IA conviction to stalhl
which Is not iustifiable by law That
The district attorney had not received
the fun text of tie opinion tonight. but
IL was learned that forming his duds
ment on such of 1t as Was available. he
had little hope OF presenting sufficient
evidence to convict Becker at seeend
trial As Mr.. Whitman was said to have
interpreted the opinion, the testimony ~
the three chief witnesses against Becker
John Rose. Bridgey Mebber and Harry
Nallon, self-confessed accomplices-hNs
not been held by the court 10 be ere p
ible. Although 1t Is known that che
district attorney has new evidence ne
could bring forth. the testimony OF these
three-the gamblers who said they hired
the gunmen to kin Roseutaal al Becker >
behest-was the foundation of the case.
Mr. Whitman also was under the in-
preston tonight that IN effect the coirt
had held that sam Schepps who eorrohr-
rated the trio, also was an aceompliccs
III % men We're in the conspiracy "a
murder" lawyer close 70 the disiries
atlolneY said tonight .aId 70 of tlngr
were to turn states evidence agaii
the twentieth, the twentieth could nfe
he convicted under this decision.
would be futile 10 bring Becker TO 1ft
again.
rhe guegestion made tonight tlse3 rus
four gunmen, now that their onl. hops
lies In executive clemency. might tufr
states evidence was not received by tbs
district attorney as one that onered ha
of aiding a conviction. He thought tirf4-
testimony would lie in the same Gates
as that of Rose. Weber and Aallos ~
was the consensus of opinion a,y fsl .sies'c
In the district attorneys oi4fs ssztf F
action Is taken by BeciSer's lcogfisels ~
ward obtaining a dismissal Of the case.
District Attorney Whitman should not
oppose it.
Becker Sends Message
nj nj. q
and thanks was the telegram Joseph
A. Shay his attorney, received from
Becker from the death house in Sing
Sing prison. Shay was jnbilant tonight,
declaring the states case had fallen 70
pieces. He said that he would see
Recker tomorrow and that within
day or two he would confer With the
district attorney and request dis
missal of the Indictment
Beeker's school teacher wife. who has
been weekly visitor 10 the death
house in Sing Sing prison during her
husbands $ incarceration, threw her arms
around the attorneys neck and kissed
him when she arrived at his office to-
dav to hear the good news.
AS soon as the prison authorities
receive the courts remittitur Becker
Will be brought TO New York and
placed in the Tombs until his case Is
disposed Of. Most of the principal
witnesses against Becker still are in
New York and would be available n
the district attorney should decide on
n second trial. Rose. Webher Vallon
and Schepps, who obtained immunity
from prosecution by testifying for the
state are at large. They have aban
doned the ways they followed when
Becker knew them as head of the
"strong arm squad" that dealt with
gamblers They are making money,
their attorneys say, at legitimate occu-
pations.
What Gunmen Are Doing
Sohepps is travelling for a iewelry
touse; Vallon Is salesman in light
ing fixture store, Rose Is writing for
sunday newspapers and leeturing un-
der the management of a lyceum 1u
reau. Rose heard of the decision of
the court of appeals today. but refused
to comment. The bald headed inform
er, his friends say. is making con-
scientious effort TO live straight. He
lectures mainly before religious organ
izations and his text is criminal re-
Continued on Page Eight