The Sentinel=record., 1914-02-25
BECKER GETS NEW TRIAL;
 FOUR GUNMEN MUST DIE

received.
 All of the seven members of the court except Judge Werner, who acted as presiding judge when the appeal was argued coincicded in the prevail. ing Becker opinion, which was writ ten by Judge tiiscock. In a dissent ing opinion, Judge Werner said that the main contentious of the state had been ably proven to warrant conyic- ton.
 The much-mooted question as to the status of Sam Schepps, who, the jury in the BeckerNcase decided was not an accomplice to the crime, still is unsettled The prevailing opinion merely said there was doubt in the minds of some of the court as to the propriety of excluding Schepps as an accomplice.
 The decision in the case of the four gunmen, "Gyp the Blood" Whitey' Lewis, "Dago Frank" and Lefty Louie" was Unanimous. They had averred that the evidence against them was insufficient to warrant con- viction and also that the court had erred in handling their cases, but these contentious were held to be groundless.
 The date for the execution of the gunmen will be fixed by the court within a. few days The death war rants are in the clerks office ready for the signatures of the judges when they decide upon a date for the elee- trocutiols.
 The law provides that the date of execution shall not he deferred more than six weeks after the affirmation of the judgment of conviction has been announced.
 The court of appeals, however, usu- ally allows only five weeks to elapse. If precerent is followed the gun men will be electrocuted during the latter part of March.
 Although the court made no attempt to pass on the weight of any of the evidence nor to fix the status of any of those alleged to haze been con- lected with the crime other than the five convicted men it dealt at length with their testimony.
 Regarding Sam Schepps. the opn- ion said:
 While the presiding justice permit. ted the jury to find that Schepps was not an accompice of Rose and the others, and therefore guilty like them of the murder, some of the members of the court believe that the finding was opposed to the overwhelming weight of the evidence"
 Attention was called to the fact that Becker never was directly con nected with the crime, but that the testimony of others who were jointly suspected convicted him. Of the five witnesses, Luban, Hallen Rose, Web Der and Vallon, was said:
 One of them. Luban, was produced for the purpose of the trial by the criminal authorities of neighboring state where he was confined in jail on some conviction or charge whereof the nature does not apepar After be- ing brought to New York and before going on the stand, this witness in manner which we cannot but regard as suggestive was given an Cpportun- ity for conference with Rose, the chief witness for the prosecution, and who was Immediately to follow him on the stand. Their evidence was entirely harmonious. Another witness, Hallen, was degenerate lawyer and con yict. who also was temporarily deiv- cred from jail to be a witness. In addition to the impeachment of their evidence furnished by other witnesses, much of the testimony of these men is. it seems to us, inherently improb- able, and unworthy of belief.
 "Three of the other witnesses were Rose. Webber and Vallon, gamblers and law breakers aready referred to- Undisputably. they were guilty of the murder of RosentiaL Soon after it occurred their complicity in hiring the men who actually killed him was established and there was no question that they had forfeited their lives and were subject to the punishment of death but they claimed that the defendant had instigated them to do this crime, and by virtue of this claim they secured from the district attoi nev with the consent of the court, as the stipulation recites, al agreement in writing, giving immunity to them, conceded murderers, if they would furnish evidence tending to convict i Becker. who thus far had oniy been accused of complicity il the crime. v
 Among other features regarding the testimony which the opinion point
 ed out were:
 That none of the witnesses against Becker was able to fix or approximate
 the date of the so-caled Harlem con
 ference, at which it was declared
 Becker made the arrangements with
 Jack Rose and others to kill kosen'
 tAal.