The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-05-23
Verdict Comes as Surprise
to Defence-Expected
Disagreement.
BECKER, CALM AT
FIRST, WEAKENS
Effort to Hide Crushing Eff
feet Of Blow Fails as He
Gives Pedigree.
VOICE, LOUD AT START.
SINKS TO A WHISPER
Jurors in Long Debate-Law-
yer Prepares for New Bat
tie in Appeal.

For the second time Charles Becker
was convicted yesterday OF the murder
of Herman Rosenthal. The jurors were
In absolute agreement on their fifth
ballot after four hours and five minutes
Of elaboration.
They could have saved Becker's life
even in finding him guilty il they had
wanted to show mercy. Justice Seabury
had told them they could choose among
three degrees OF murder, and two OF
those degrees would have meant i'm
prisonment. But like twenty-four men
who had gone before them, the first
Becker jury and the gunmen's Jury.
they believed that Jack Rose told the
| truth when he said that Becker ordered
and paid for the assassination of the
gambler who las about to ruin him.
There was only one other murder case
in the history of the State in which a
second conviction was obtained after the
/ Court of Appeals had reversed the first
verdict. The almost Jnbroken record
Of mistrials and acauttais in such con-
tinued prosecutions as Becker's was
what made the verdict OF yesterday so
shocking disappointment to Becker
and his counsel They had hoped for
acquittal. They bulded positively upon
a disagreement But they never thought
there was chance in the world that
twelve men after the Court Of Appeals
decision would send Becker to the chair.
The swiftness Of the jury's action was
the thing that intensified the conviction.
The men who had Becker's fate in their
hands were out of the court room for
/ four hours and five mnutes-from 1881
+. NJ. until 1855 +. M.-and the entire
time was needed for reviewing the evil
dence.
Five Ballots Before Verdict.
Five ballots were tak,n before the
Jurors were in agreement that the evil
dence justified conviction for murder
in the first degree. This conclusion
was not unanimous unit. after great
deal Of argument in which the credl-
b.lty of witnesses was weighed, some
testimony utterly rejected and the
stories OF Rose, Vallon and Weber
thoroughly analysed.
What swayed the jury most of all
was the proof of intimate relations be-
tween Becker, Rose and Rosenthai and
the decision that Becker alone had
sufficient motive for ordering the muir
der. The jury felt that the motive was
shown in Becker's peril OF exposure
by Rosenthal: exposure which meant
ruin and disgrace.
on the first ballot before luncheon.
six were for murder in the first degree.
Two We're for acquittal and the others
were standing out for the lesser de-
grees Of murder,
on the second ballot there were seven
for complete conviction. only one for
acquittal and three still for tho lesser
degrees and one not voting.
on the third ballot 1t was eight for
murder in the first degree, with the
others wavering.
heaviest penalty, one for acquittal and
one for "A lesser degree.
The fifth ballot was reached after
long argument with the man who
wanted a verdict of acquittal, but he
was finally won over.
There was an understanding at the
Criminal Courts Building. however. that
the Jurors had actually reached a quick
decision and that they spent only forty
minutes in reviewing the evidence.
The statement was made with con-
siderable confidence that when the jur-
ors retired at 1851 i. NJ. they did
nothing and said nothing in the Jury
room before lunch; that they rode 81
lently to and from the Murray Hill
Hotel and that they did not take
ballot (their only one, according to this
Understandings until 1885 +. NJ, forty
minutes after they returned from lunch.
On this ballot. the story went, they
were unanimous. They asked for ana
got information as to how long the
former jury had been out. Then they
discussed business and personal topics
until they were ready to go to the
court room.
Their work was DONE unalterably done,
but they did not desire to give an ap-
pearance OF haste. They did not want
thu world to think that they rushed to q